13SN0101CASE MANAGER: Ryan Ramsey
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October 24, 2012 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SNO101
Kat A. Bonilla
Bermuda Magisterial District
11912 Warfield Ridge Drive
REQUEST: Conditional use approval to permit a family day-care home in a Residential (R-15)
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 CONDITION AND ACCEPTANCE OF
THE PROFFERED 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
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 "STAFF/CPC" WERE AGREED UPON BY BOTH
STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
CONDITION
(CPC) 1. This conditional use shall be granted for a period not to exceed five
(5) years from date of approval (P)
PROFFERED CONDITIONS
(STAFF/CPC) 1. This conditional use approval shall be granted to and for Kat A.
Bonilla, 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. There shall be no signs permitted to identify this use. (P)
(STAFF/CPC) 4. This conditional use shall be limited to providing care, protection
and guidance to a maximum of twelve (12) children, other than the
applicant's own children, at any one time. (P)
(STAFF/CPC) 5. Hours and days of operation shall be limited to Mondays through
Fridays from 6 a.m. to 6 p.m. There shall be no Saturday or
Sunday operation of this use. (P)
GENERAL INFORMATION
Location:
The request property is located on the west line of Warfield Ridge Drive, south of Perdue
Avenue and is known as 11912 Warfield Ridge Drive. Tax ID 796-657-0695.
Existing Zonin
R-15
Size:
.3 acre
Existing Land Use:
Single-family residential
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Adjacent Zoning and Land Use:
North, South, East and West - R-15; Single-family residential (Warfield Estates
Subdivision)
UTILITIES
Public Water and Wastewater Systems:
The existing residential structure is connected to the public water and wastewater
systems. This request will not impact the public water and wastewater systems.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire ~ervice~
The Dutch Gap Fire Station, Company Number 14, 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:
This request will have no impact on these facilities.
Vir ing is Department of Transportation VDOT~:
VDOT notes that the street in front of the location has curb and gutter suitable for
temporary parking for delivery and pickup of children. As long as the private driveway is
not used for regular delivery and pickup of children, a commercial entrance may not be
necessary at this time.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Chester Plan, which suggests
the property is appropriate for residential use of 2.5 units/acre or less.
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Area Development Trends:
The area is characterized by residential zoning with single-family residential use within the
Warfield Estates Subdivision. It is anticipated that residential use will continue in the area as
recommended by the Plan.
Use:
Conditional use approval 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 applicant's children and any children who reside in the home, by right in a
residential zoning district. The applicant has been operating a family day-care home at this
location for the past thirteen (13) years. As a result of recent state law changes pertaining to
day-care licensing, the applicant contacted the County to verify zoning requirements. When
the applicant contacted the County, she became aware of the conditional use approval
requirement.
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 4). Condition 1 would limit this use to the applicant only. Hours and days
of operation will be limited to Monday through Friday, 6 a.m. to 6 p.m. (Condition 5). The
applicant has proffered that operation of the family day-care home will not occur on
weekends.
Site Design:
The applicant proposes to use the dwelling and yard for the day-care. To ensure 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
zoning 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 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.
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CASE HISTORY
Planning Commission Meeting (9/18/12):
The applicant accepted the recommendation. There was no opposition present.
Mr. Patton stated that a community meeting was held for this zoning application with no
attendees. A petition of support from each of her surrounding neighbors was also
submitted by the applicant. The applicant has operated the use for thirteen (13) years at
the current property and no complaints had been received by the Planning Department.
Mr. Patton iterated that recent changes in regulations by the State's Social Services
Department precipitated this application. Ms. Bonilla was commended by Mr. Patton as
very organized and proficient and wanting to do the right thing by obtaining the requisite
conditional use.
Mr. Gulley stated he had concerns with no time limit being conditioned, as it was in the
revitalization area and that flexibility could be needed in the future. He asked staff to
provide the Commission with Social Services' rules and regulations. More specifically,
he wanted clarification on the requirement of fencing and any other child safety rules that
were applicable to family day-care homes.
Ms. Bonilla stated that she would accept the five (5) year time limit.
Mr. Waller commended the applicant and Mr. Patton for working the case so well and
addressing concerns. He too stated he would support the case with the five (5) year time
limit.
On motion of Mr. Patton, seconded by Mr. Waller, the Commission recommended
approval with a condition that recommended a five (5) year time limitation on the
conditional use and acceptance of the proffered conditions on page 2.
AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin.
The Board of Supervisors, on Wednesday, October 24, 2012 beginning at 6:30 p.m., will take
under consideration this request.
5 13SN0101-OCT24-BOS-RPT
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