11SN0170CASE MANAGER: Robert Clay
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11SN0170
Alisa Moore
Bermuda Magisterial District
1513 8 Alderwood Terrace
March 9, 2011 BS
RE VEST: Conditional use approval 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 DENIAL.
AYES :Messrs. Bass, Gulley, Hassen and Waller.
NAY: Dr. Brown.
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 MAY PROFFER
CONDITIONS. CONDITIONS NOTED ONLY AS "STAFF" ARE RECOMMENDED
SOLELY BY STAFF.)
Providing a FIRST CHOICE community through excellence in public service
CONDITIONS
(STAFF) 1. This conditional use shall be granted to and for, Alisa Moore, exclusively,
and shall not be transferable or run with the land. (P)
(STAFF) 2. There shall be no exterior additions or alterations to the existing structure to
. P
accommo ate t is use. ( )
(STAFF) 3 . One (1) sign not exceeding one (1) square foot in area shall be permitted to
identify this use. (P)
PROFFERED CONDITIONS
1. This conditional use shall be granted for a period not to exceed two (2) years from
the date of approval. (P)
2. There shall be no signs permitted to identify this use. (P)
GENERAL INFORMATION
The request property is located at the southwestern terminus of Alderwood Terrace, south of
Alderwood Way and is better known as 1513 8 Alderwood Terrace. Tax ID 794-640-4643 .
Existin.~g:
R-12
Size:
.8 acre
Existing Land Use:
Single-family residential
Adjacent Zoning and Land Use:
North, South, East and West - R-12; Single-family residential or vacant
UTILITIES AND ENVIRONMENTAL
This request will have no impact on these facilities.
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PUBLIC FACILITIES
Fire Service:
The Chester Fire Station, Company Number 1, and Bensley-Bermuda Volunteer Rescue
Squad currently provide fire protection and Emergency Medical Service (EMS). This
request will have a minimal impact on Fire and EMS.
County Department of Transportation:
The proposed use will have a minimal impact on the existing transportation network.
Vir . ing is Department of Transportation (VDOT):
VDOT understands that only on-street parking is used with only pedestrian access to the
address. VDOT has no further comment on this request.
T,ANn TIFF,
Comprehensive Plan:
The subject property is located within the boundaries of the Southern and Western Area
Plan, which suggests the property is appropriate for residential use of 2.51-4.0 units/acre.
Area Development Trends:
The area is characterized by residential zoning, with single-family residential use within the
Ashley Forest 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 (1)
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 (1) time, excluding the applicant's children and any children
who reside in the home. Condition 1 would limit this use to the applicant only. In addition,
the applicant has agreed to a two-year time limit for the conditional use to allow an
opportunity to see if there is an adverse impact on area development. (Proffered Condition
1)
3 11SN0170-MAR9-BOS-RPT
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 proposed 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. The applicant, to address concerns from area property owners, has offered that
there would be no signs for this use (Proffered Condition 2). If this request is approved with
this proffer, then recommended Condition 3 should not be imposed.
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
recommended 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
Applicant (2/ 14/ 11)
Proffered conditions were submitted.
Planning Commission Meeting (2/15/1 l):
The applicant accepted the recommendation.
There was opposition present expressing concerns relative to a business in a residential
area; increased traffic; safety and welfare of area residents; parking; signs; fencing; and
safety hazard of emergency vehicles.
The applicant noted there is no fencing on the property. She stated there is a petition in
the file signed by neighbors who are in support. She also stated that she has twenty (20)
years experience working with children, and has an assistant on site to help her.
Mr. Waller stated he had concerns regarding there being no fencing on the property and
felt that the Ordinance needed to be changed. He noted that twelve (12) children would
be in addition to those already living in the residence.
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Mr. Hassen stated that historically he has not supported business requests in residential
areas. He noted the conditions and proffers are included so that if the Board approved the
request, it is a complete and ready case.
Mr. Gulley stated that subdivisions have covenants for a reason; the homeowners
association was not notified; and there was opposition to the case.
Dr. Brown stated that he believes the case is conditioned the same as all others; there is a
two (2) year time limit to reexamine the case; and the traffic impact was minimal.
On motion of Mr. Hassen, seconded by Mr. Gulley, the Commission recommended
enla .
AYES :Messrs. Bass, Gulley, Hassen and Waller.
NAY: Dr. Brown.
The Board of Supervisors, on Wednesday, March 9, 2011, beginning at 6:30 p.m., will take
under consideration this request.
5 11SN0170-MAR9-BOS-RPT
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