09SN0196.~~~~~
~~
+I~~f
~. ~~
5
~rh I ~.
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
09SN0196
Christina Tucker
and
Chris Tucker
Matoaca Magisterial District
11718 Explorer Terrace
J~~Znno rnr
July 22, 2009 B S
RE VEST: Conditional Use to permit a family day care home in a Residential (R-12) District.
PROPOSED LAND USE:
A family day care home within an existing single family residence is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. 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 residents.
B. Through the Conditional Use process and the imposition of the recommended
conditions, the residential character of the area will be maintained
(NOTE: THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) INDICATED
THAT THE PROPOSED USE WILL NECESSITATE AN UPGRADE OF THE EXISTING
PRIVATE ENTRANCE TO A STANDARD COMMERCIAL ENTRANCE.)
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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, Chris and Christina
Tucker, exclusive (stand shall not be transferable nor run with the
land. (P)
(STAFF/CPC) 2. There shall be no exterior additions or alterations to the existing
structure to accommodate this use. (P)
(STAFF/CPC) 3. One (1) sign not exceeding one (1) square foot in area shall be
permitted to identify this use. (P)
GENERAL INFORMATION
T ,n~ati nn
North line of Explorer Terrace, east of Explorer Drive and better known as 11718 Explorer
Terrace. Tax ID 740-697-6621.
Existing Zoning:
R-12
Size:
0.7 acres
Existing Land Use:
Residential/family day care home (up to 5 children)
Adjacent Zoning and Land Use:
North A; Public/semi-public use (church), single family residential or vacant
South, East and West -R-12; Single-family residential
2 09SN0196 JUL22-BOS-RPT
T TTTT ,TTTF,~
This request will not impact the public water and wastewater systems. The existing dwelling on
this parcel is connected to both the public water and wastewater systems.
ENVIRONMENTAL
This request will have a minimal impact on these facilities.
PUBLIC FACILITIES
Fire:
This request will have a minimal impact on these facilities.
County Department of Transportation:
The proposed use (family daycare) on the property will have a minimal impact on the
existing transportation network.
Virginia Department of Transportation:
The Virginia Department of Transportation has reviewed the above referenced case. The
request is to permit daycare facility on a 0.7 acre lot at 11718 Explorer Terrace.
The information included with this request does not provide specific information necessary
to determine the traffic volumes generated. However, since daycare facility generate far
more traffic than an equivalent of the traffic generated by the second dwelling, at a
minimum the existing private entrance shall be upgraded to a VDOT standard commercial
entrance on Explorer Terrace.
Any proposed modifications to existing state maintained facilities required as a result of this
proposal shall be the responsibility of the developer. All improvements within state
maintained right-of way shall be designed and constructed in accordance with current
VDOT standards and specifications.
The issuance of a VDOT Land Use Permit is required prior to any construction
activity within the right-of way limits Explorer Terrace.
The Virginia Department of Transportation (VDOT) requires that a commercial
entrance be provided onto Explorer Terrace. This entrance shall be paved to the
right-of way line a sufficient thickness to support the vehicular traffic using this
access.
Adequate intersection sight distance must be obtained at the proposed access onto
VDOT maintained roads and shown on the plans.
3 09SN0196 JUL22-BOS-RPT
Any necessary sight distance easements shall be recorded and shown on the plans.
T,ANn TIFF.
Comprehensive Plan:
Lies within the boundaries of the Northern Courthouse Road Plan which suggests the
property is appropriate for 2.5 dwellings per acre or less.
Area Development Trends:
The area is characterized by residential and agricultural zoning, with single family
residential use within St. James Woods Subdivision or on larger acreage parcels, and
public/semi public use (church). It is anticipated that residential use will continue in the area
as recommended by the Plan.
Use
As noted herein, a Conditional Use to permit a family day care home is requested. The
Zoning Ordinance permits the keeping of a maximum of five (5) children at any one time,
exclusive of the occupants' children and any children who reside in the home, by right in a
residential district. Approval of this request would permit the keeping of a maximum of
twelve (12) children at any one time, excluding the applicants' children and any children
who reside in the home. Condition 1 would limit this use to the applicants only.
Site Design:
The applicant proposes to use the dwelling and yard for the day care. To insure that the
residential character of the area is maintained, conditions preclude any additions to the
existing dwelling to accommodate the use. (Condition 2)
Condition 3 would permit one (1) sign a maximum of one (1) square foot in area to identify
this use, which is the same signage permitted to identify home occupations in residential
districts.
CONCLUSION
The proposed family day care home, as 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
conditions are similar to conditions imposed on other family day care homes and are designed to
maintain the residential character of the area. (Conditions 1 and 2)
Given these considerations, approval of this request is recommended.
4 09SN0196 JUL22-BOS-RPT
CASE HISTORY
Planning Commission Meeting (6/22/09):
The applicant accepted the recommendation. There was no opposition present.
Mr. Bass stated that while he may not always support business in a residential district,
this facility was well kept and neighbors at the community meeting expressed support for
the use.
On motion of Mr. Bass, seconded by Mr. Waller, the Commission recommended
approval subj ect to the conditions on page 2.
AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller.
The Board of Supervisors, on Wednesday, July 22, 2009 beginning at 6:30 p.m., will take under
consideration this request.
5 09SN0196 JUL22-BOS-RPT
~ ~ ~
r.
z -
J }
h ~ ~ \ 1 ~
W ~ - / ~ ~
- ~- ~ ~ . ~
~~ ~
r r = ~ r
1 J
~ - 5~~
. -, / ~
~ ~ ~P ~ `~
J ~ ~
~ a ~
J J
I ~
i ~
,a
~'
1
1
1
1
' U Q
N
2
a
a
0
y
W
O
y
~C
~ ~~~ ~
I
0
~ ~
I a
~ ~ =
I
I
Q ~ W O
H
I
E DR
U
00
X
W
is
~~ ~_
G
a
v J
I J
2~
W
z cn
N
O LL
C4
O
O
O
r ~
Q ~ /
Z
O
N O
C4
::