00SN0210-JULY26.pdfJuly 26, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0210
Bruce S. and Hope E. King
Midlothian Magisterial District
1400 Buford Road
REOUEST: Conditional Use to permit a family day care home in a Residential (R-15) District.
PROPOSED LAND USE:
The applicants are currently operating a family day care home within an existing
single family residence without the requisite Conditional Use. A Conditional Use
is requested to bring the use into compliance with the Ordinance.
pLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF THE
PROFFERED CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
The family day care home, if properly conditioned, should be compatible with
surrounding residential development. Family day care homes have been approved
in other similar neighborhoods throughout the County and have operated without
any apparent adverse impact on area residences.
Through the Conditional Use process and the imposition of the recommended
conditions, the residential integrity of the area can be further ensured.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNERS MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(STAFF/CPC) 1.
This Conditional Use shall be granted to and for Brace S. and Hope
E. King exclusively, and shall not be transferable nor run with the
land. (P)
(STAFF/CPC) 2.
There shall be no external additions or alterations to the existing
structure to accommodate this use. (P)
(STAFF/CPC)
3. There shall be no signs permitted to identify this use. (P)
PROFFERED CONDITIONS
(STAFF/CPC)
1. This Conditional Use shall expire on September 30, 2001. (P)
(STAFF/CPC) 2.
This use shall not be open to the public between the hours of 5:30
p.m. and 7:00 a.m. Monday through Friday and between 5:30 p.m.
on Friday and 7:00 a.m. on Monday. (P)
(STAFF/CPC) 3.
The number of children permitted at any one time shall not exceed
a total of twelve (12), which shall include children which are not
related and children which are related to the applicants. Other than
the applicants and their immediate family members, the number of
employees involved in the operation at any one time shall be limited
to a maximum of two (2) persons. (P)
GENERAL INFORMATION
Location:
Northwest quadrant of Buford and Brown Summit Roads and better known as 1400 Bufbrd
Road. Tax ID 756-713-8921 (Sheet 7).
R-15
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Size:
1.1 acres
Existing Land Use:
Single family residential
Adjacent Zoning and land Use:
North, South, East and West - R-15; Single family residential
UTILITIES
Public Water System:
Public
There is an existing eight (8) inch water line extending along the east side of Buford Road,
adjacent to the request site. In addition, there is an existing eight (8) inch water line
extending along Brown Summit Road, adjacent to the reqUest site. Use of the public water
system is required by County Code. The existing dwelling is connected to the public water
system.
Wastewater System:
There is an existing eight (8) inch wastewater collector extending along a portion of Buford
Road, adjacent to the request site. Use of the public wastewater system is required by
County Code. The existing dwelling is connected to the public wastewater system.
Drain~rosion:
ENVIRONMENTAL
The proposed use will have no additional impact on these facilities.
PU ITIE
Fire Service and Transportation:
The proposed use will have a minimal impact on the existing transportation network and
fire/rescue services.
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LAND USE
Comprehensive Plan:
The request site lies within the boundaries of the Northern Area Land Use Plan which
suggests the property is appropriate for residential use of 1.51 to 4.0 dwelling units per
acre.
Area Development Trends:
The request property is located adjacent to both Chatham and Weston Subdivisions.
Adjacent properties are zoned residentially and are occupied by single family residences.
Site Design:
The applicants currently operate the family day care from a portion of their single family
dwelling located on the subject property. Condition 2 would preclude any additions to the
existing dwelling to accommodate the use. Condition 3 would preclude a sign to identify
the use. A fenced play area is located to the rear of the existing dwelling. Off-site parking
is available and access is to Buford Road.
The use is licensed by the State Department of Social Services and permits a maximum of
twelve (12) children on the site at any one time. The applicants have indicated that there
is one full and one part-time employee and that hours of operation are generally between
7:00 a.m. and 5:30 p.m. Monday through Friday. (Proffered Condition 2)
Number of Children and Employees:
A meeting was held with area citizens to discuss their concerns with respect to the
proposal. Among the concerns expressed was the number of children to be kept and the
number of employees and the impact this may have on area traffic. To address these
concerns, the applicants have agreed to limit the number of children to twelve (12) and
employees to two (2) until September 30, 2001 (Proffered Condition 3). After September
30, 2001, the Conditional Use would expire and the keeping of children would then be
regulated by the limitations of the Zoning Ordinance. (Proffered Condition 1)
Specifically, by right, the Zoning Ordinance allows the keeping of a maximum of five (5)
children who are unrelated to the care giver with no employees other than the resident and
their irmnediate family members.
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CONCLUSIONS
As noted herein, the applicants are currently operating a family day care home from the location
and have filed this Conditional Use request to come into compliance with the Ordinance. The
Zoning Ordinance permits the keeping of a maximum of five (5) children by right in a residential
district. Approval of this request would allow the keeping of more than five (5) children.
The proposed family day care home, if properly conditioned, should have no adverse impact on
the surrounding neighborhood. Similar family day care homes have been approved in other
neighborhoods and have operated without any apparent adverse impact on area residences. The
recommended conditions are similar to conditions required for other family day care homes and
are designed to ensure that the residential integrity of the area is maintained (Conditions 1 through
3). Further, the proffered conditions appear to address area residents' concerns. Therefore,
approval of this request, subject to the conditions and acceptance of the proffered conditions is
recommended.
CASE HISTORY
Planning Comrrfission Meeting (4/24/00):
The Conunission, on their own motion, deferred this case to June 20, 2000, to allow time
for the applicants to meet with area property owners.
Staff (4/25/00):
The applicants were advised in writing, that any significant, new or revised information
should be submitted no later than May 1, 2000, for consideration at the Commission's June
public hearing.
Applicants, Area Residents and Midlothian District Connnissioner (5/22/00):
A meeting was held to discuss the proposed request. Area residents expressed concerns
relative to the number of children, employees and hours of operation.
Applicants (6/2/00):
In response to concerns expressed at the neighborhood meeting, the applicants submitted
the enclosed proffered conditions.
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Planning Commission Meeting (6/20/00):
The applicants accepted the recommendation. There was opposition present. Concerns
were expressed relative to commercial encroachment into a residential area and traffic
generation along Buford Road.
Mr. Gecker indicated that the proffered conditions address the concerns which had been
expressed.
On motion of Mr. Gecker, seconded by Mr. Marsh, the Commission recommended
approval of this request subject to the conditions and acceptance of the proffered conditions
on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, July 26, 2000, beginning at 7:00 p.m., will take under
consideration this request.
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A
300 0 300 600 Feet
Case #: 00SN0210
C.U.
Sheet #: 7