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10SN0258,• •'~'~'•_~i~ .h{fr ~f~ ..~~. .~{~ +,~..~,f ..~ f.r I~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION l OSN0258 Carol Y. Lane Dale Magisterial District 6228 Thierry Court RE VEST: September 22, 2010 BS Renewal of a conditional use to permit a family day care home in a Residential (R-7) District. PROPOSED LAND USE: Continued operation of a family day care home 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 has operated on the property since 2005 without any apparent adverse impact on area residents. As conditioned, the family day care home should continue to be compatible with surrounding residential development. 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 MAY PROFFER CONDITIONS. CONDITIONS NOTED WITH STAFF/CPC WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) Providing a FIRST CHOICE community through excellence in public service CONDITIONS (STAFF/CPC) 1. This conditional use shall be granted to and for Carol Y. Lane, exclusively, and shall not be transferable or 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 The request property is located at the western terminus of Thierry Court and is better known as 6228 Thierry Court. Tax ID 770-679-8498. Existing Zoning: R-7 with conditional use to permit a family day care home Size: 0.4 acre Existing Land Use: Single-family residential and family day care home Adjacent Zoning and Land Use: North, South, East and West - R-7; Single-family residential UTILITIES; ENVIRONMENTAL; AND PUBLIC FACILITIES This request will have a minimal impact on these facilities. Virginia Department of Transportation (VDOT): This request will have no impact on these facilities. 2 10SN0258-SEP22-BOS-RPT T,ANT~ TIFF, Comprehensive Plan: The subject property is located within the boundaries of the Central Area Plan which suggests the property is appropriate for residential use of 1.0 to 2.5 dwelling units per acre. Area Development Trends: Area properties are zoned residentially and occupied by single-family residential uses within the Kings Forest Subdivision. It is anticipated that residential use will continue in the area as recommended by the Plan. Zonin H.~ istory: On July 27, 2005 the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved a conditional use (Case 05 SN0248) to permit a family day care home on the request property. The approval was granted subject to conditions (typical for this use) that limited approval to the applicant only, prohibited any additions or alterations to accommodate the use and addressed signage. In addition, the Board imposed a condition which granted the approval for a period of five (5) years. Use The applicant currently operates a family day care home on the request property which permits the applicant to keep a maximum of twelve (12) children at any one (1) time, excluding the applicant's children and any children who reside in the home. Approval of this request would permit the continued operation of the family day care home. Condition 1 would limit this use to the applicant only. Site Design: The applicant uses 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 the same signage permitted to identify home occupations in residential districts. CONCLUSION The family day care home has operated on the property since 2005 without any apparent adverse impact on area residents. As conditioned, the family day care home should continue to be compatible with surrounding residential development. In addition, through the conditional use 3 10SN0258-SEP22-BOS-RPT process and the imposition of the recommended conditions, the residential character of the area will be maintained. Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (8/17/10): The applicant accepted the recommendation. There was no opposition present. On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended approval subj ect to the conditions on page 2. AYES: Messrs. Brown, Hassen, Bass, Gulley and Waller. The Board of Supervisors, on Wednesday, September 22, 2010, beginning at 6:30 p.m., will take under consideration this request. 4 10SN0258-SEP22-BOS-RPT