11SN0174CASE MANAGER: Michael Janosik
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0174
Shawn N. Stone
and
Larry D. Stone
Dale Magisterial District
5933 Fieldstone Road
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April 27, 2011 BS
RE VEST: Conditional use approval to permit a family day care home in a Residential (R-7)
District.
PROPOSED LAND USE:
A family day care within an existing single-family residence is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGE 2.
AYES: MESSRS. BASS, BROwN AND WALLER.
NAYS: MESSRS. GULLEY AND HASSEN.
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 and the acceptance of proffered conditions, the residential character of
the area will be maintained.
Providing a FIRST CHOICE community through excellence in public service
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
CONDITIONS
(STAFF/CPC) 1. This conditional use approval shall be granted to and for, Shawn N.
Stone and Larry D. Stone, 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)
PROFFERED CONDITIONS
(STAFF/CPC) 1. This conditional use shall be granted for a period not to exceed
three (3) years from date of approval. (P)
(STAFF/CPC) 2. There shall be no signs permitted to identify this use. (P)
(STAFF/CPC) 3. This conditional use shall be limited to providing care, protection
and guidance to a maximum of nine (9) children, other than the
applicant's own children, at any one time. (P)
(STAFF/CPC) 4. Hours and days of operation shall be limited to Mondays through
Fridays from 7 a.m. to 6 p.m. There shall be no Saturday or
Sunday operation of this use. (P)
GENERAL INFORMATION
The request property is located on the south line of Fieldstone Road, east of Clairton Road
and better known as 5933 Fieldstone Road. Tax ID 770-690-6733.
Existing Zoning:
R-7
Size:
0.4 acre
Existing Land Use:
Residential
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Adjacent Zoning and Land Use:
North, South, East, West - R-7; Single-family residential
UTILITIES AND ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire service:
The Manchester Fire Station, Company Number 2, and the Dale Fire Station, Company
Number 11 currently provide fire protection and Emergency Medical Service (EMS). The
request will have a minimal impact on the Fire and EMS.
County Department of Transportation:
The proposed use (family day care) on the property 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. If the VDOT understanding is correct, VDOT has no further comment on this
request.
T .ANTI T 1CF.
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 2.51 - 4.0 dwellings units per
acre.
Area Development Trends:
The area is characterized by residential zoning, with single-family residential use within the
Belmont Acres Subdivision. It is anticipated that residential use will continue in the area as
recommended by the Plan.
Use:
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 without Proffered Condition 3 would permit
the keeping of a maximum of twelve (12) children at any one (1) time, excluding the
3 11SN0174-APR27-BOS-RPT
applicant's children and any children who reside in the home. Condition 1 would limit this
use to the applicants only.
On February 24, 2011 the applicants submitted several proffered conditions in response to
concerns relative to the potential intensity of a use of this type in a residential area. These
proffered conditions, if approved, would limit the use to three (3) years (Proffered Condition
1), limit the number of children to a maximum of nine (9), excluding their own children
(Proffered Condition 3) and would limit the number of hours and days of the operation.
(Proffered Condition 4)
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). Also, there is a
solid board fence located around the perimeter of the rear yard of the dwelling.
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 (2/15/1 l):
The applicant accepted staff s recommendation.
A motion by Dr. Brown to approve the request failed for lack of a second.
Mr. Gulley stated that he did not support an increase in the number of children from
seven (7) children to twelve (12) because the use was too intense for the acreage and
would need a time limit.
Mr. Waller stated that he could support the case with a two (2) year time limit.
On motion of Dr. Brown, seconded by Mr. Gulley, the Commission deferred the request
to the March 15, 2011 meeting.
AYES :Messrs. Bass, Brown, Gulley, Hassen and Waller.
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Staff (2/16/11):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than February 21, 2011 for consideration at the
Commission's March 15, 2011 public hearing.
Applicant (2/24/ 11)
Proffered conditions were submitted.
Planning Commission Meeting (3/15/l l):
The applicant accepted the recommendation. There was no opposition present.
The applicant presented a petition with fifteen (15) signatures of support from her
adj acents and area neighbors.
Mr. Gulley stated that he would not support Dr. Brown's motion, because he felt the use
was too intense for this residential area.
Dr. Brown stated that he was supportive of the case with the submitted proffered
conditions to address previous concerns and that he wanted to remove Condition 3 to not
permit a sign. Also, he stated that there was a solid board fence around the perimeter of
the rear yard.
On motion of Dr. Brown, seconded by Mr. Waller, the Commission recommended
approval subj ect to the conditions and acceptance of the proffered conditions on page 2.
AYES :Messrs. Bass, Brown and Waller.
NAYS: Messrs. Gulley and Hassen.
The Board of Supervisors, on Wednesday, April 27, 2011, beginning at 6:30 p.m., will take
under consideration this request.
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We are ok with Shawn and Larry Stone running a Family Daycare out of
their home. They want to have six to twelve children in their home
from the hours of 7:00 am to 6:00 pm Monday through Friday. We are
her surrounding property owners or part of the community where'they
reside. We have no problem with the conditions above. We support
them totally.
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RECE'
MAR1~
DIRECTOR
PLANNING DEPT