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09SN0212,• •'~'~'•_~i~ .h{fr ~f~ ..~~. .~{~ +,~..~,f ..~ f.r I~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 09SN0212 Donna S. Snyder Matoaca Magisterial District 7812 Winding Ash Court August 26, 2009 B S RE VEST: Conditional Use to permit a family day care home in a Residential (R-9) 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: 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.) Providing a FIRST CHOICE community through excellence in public service CONDITIONS (STAFF/CPC) 1. This Conditional Use shall be granted to and for, Donna S. Snyder, exclusively, and 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 Southwest line of Winding Ash Court, northwest of Winding Ash Drive and better known as 7812 Winding Ash Court. Tax ID 716-667-8115. Existing Zoning: R-9 Size: 0.2 acre Existing Land Use: Single family residential/family day care home Adjacent Zoning and Land Use: North, South, East and West - R-9; Single family residential 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. 2 09SN0212-AUG26-BOS-RPT PUBLIC FACILITIES Fire Service: The Clover Hill Fire Station, Company Number 7 and Manchester Rescue Squad currently provide fire protection and emergency medical service. This request will have a minimal impact on Fire and EMS. 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 allow conditional commercial use and permit a home daycare on 0.2 acres property zoned Residential (R-9), located at 7812 Winding Ash Court, Route 5649 in Ashbrook subdivision. The information included with this request indicates that a maximum capacity of twelve (12) students is the proposed for family day care home in addition to residential use. It is VDOT's understanding that all parking for a family day care will be provided by the existing roadway facility, where parking is included on the curb and gutter public street, and therefore, no commercial entrance will be required. T,ANn TISF, Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is appropriate for residential use of 2.0 units per acre or less. Area Development Trends: The area is characterized by residential zoning, with single family residential use within the Ashbrook Subdivision. 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 occupant's 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 3 09SN0212-AUG26-BOS-RPT twelve (12) children at any one time, excluding the applicant's children and any children who reside in the home. Condition 1 would limit this use to the applicant 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, a condition is recommended to 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 consistent with 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. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (7/21/09): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Bass, seconded by Dr. Brown, 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, August 26, 2009, beginning at 6:30 p.m., will take under consideration this request. 4 09SN0212-AUG26-BOS-RPT AL i U / ~ - Y m r~ `~ ~ W LL D z ~~, 1 ,~ I SAN e o l~ \ ~ ~ ~ \ ~ I \ 1 ~ ~ 1 ~ 1 ~ ' I U , l N ~~ `~ 1 \ r' ~ M ~ S ~ i ~ 1 ~ ~' ~ 1 0 ~ ~ ~ ~~ r~ 0 U~ .~ ~ ~ 1 ~ ~ v 5 Q ~ N ~ S ~ 1 ~ r ~ ~ ~ - ~ i n r ~ - ~0~ ` Q U U U I N ' U 1 ~ ~ t _i Q f ~ ~ ~ ~ N N U ~ \ ~ W Z (A \ ~ \ ~ ~ O LPL O Cfl /~ / ~~ 0 N ~ ~ ~ N o r o N ~ O ~ Z~ O Q P~~~4 ~ ~ C~4 O U