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13SN0515CASE MANAGER: Ryan Ramsey i ~ ~- ~j~, u ~~ ~- ,k B S Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 13 SNO515 Tonya Hudson Dale Magisterial District 6303 Amasis Court June 26, 2013 BS REQUEST: Conditional use approval to pernut a family day-care home in a Residential (R-7) District. PROPOSED LAND USE: A family day-care home (the keeping of up to 12 children) is currently operating within the single-family residence without the requisite conditional use approval. Conditional use approval is requested to bring the use into compliance with the ordinance. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. As conditioned, the family day-care home should be compatible with surrounding residential development. Similar family day-care homes have been approved in other neighborhoods throughout the County and have operated without any apparent adverse impact on area residents. B. As conditioned, the residential character of the area will be maintained. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER CONDITIONS. CONDITION(S) NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION.) Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice PROFFERED CONDITIONS (STAFF/CPC) 1. This conditional use approval shall be granted to and for Tonya Hudson, exclusively, and shall not be transferable nor non with the land. (P) (STAFF/CPC) 2. There shall be no exterior additions or alterations to the existing stnict~ire to accommodate this use. (P) (STAFF/CPC) 3. There shall be no signs pernutted to identify this use. (P) (STAFF/CPC) 4. This conditional use approval shall be linuted 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 linuted to Monday through Friday from 6:30 a.m. to 6 p.m. There shall be no SatLirday or Sunday operation of this use. (P) (STAFF/CPC) 6. This conditional use approval shall be granted for a period not to exceed ten (10) years from the date of approval. (P) (STAFF/CPC) 7. Any outdoor play area and/or recreational equipment utilized by the family day-care home shall be located in the side or rear yard of the property. Outdoor play andlor recreational equipment areas shall have perimeter fencing of at least four feet in height, installed around the equipment or play area. Equipment for outdoor play areas shall be located no closer than fifteen (15) feet to the side or rear property lines. (P) (STAFF/CPC) 8. No employees shall be pernutted to work on the premises other than family member employees that live on the prenuses. (P) GENERAL INFORMATION Location: The request property is located at the southeastern terminus of Amasis Court, east of Cynis Street and is better known as 6303 Amasis Court. Tax ID 770-680-5601. Existing Zoning: R-7 2 13SN0~1 ~-JL`~N2Ei-BOS-RPT Size: 0.4 acre Existing Land Use: Single-fanuly residential Adj acent Zoning and Land Use: North, South, East and West -Single-family residential t TTrr TTrF c Public Water and Wastewater Systems: The request site is connected to both the public water and wastewater systems. This request will not impact the public utility systems. ENVIRONMENTAL Drainage and Erosion: This request will have no impact on these facilities. PUBLIC FACILITIES Fire Service: The Dale Fire Station, Company Number 11, currently provides fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. County Department of Transportation and Virginia Department of Transportation (VDOT): This request will have no impact on these facilities. LAND USE Comprehensive Plan: The Comprehensive Plan designates the request property as Suburban Residential II where residential development (single-family, or condominium uses under certain circumstances) at a density 2.0 to 4.0 dwellings per acre is appropriate. 3 13SN0~1 ~-lL`~N2Ei-BOS-RPT Area Development Trends: Surrounding properties are zoned Residential (R-7) and are occupied by single-family residential uses. The subject property is located within the Kings Forest subdivision. It is anticipated that residential uses 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 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 state licensed family day-care home at this location for the past fourteen (14) 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 pernut 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 (Proffered Condition 4). Proffered conditions would limit this use to the applicant only for a period of ten (10) years from the date of approval (Proffered Conditions 1 and 6). Proffered Condition 5 would restrict the hours and days of operation to Monday through Friday, 6:30 a.m. to 6 p.m. with no SatLirday or Sunday operation. Proffered Condition 8 would not pernut employees to work on the premises other than family member employees that live in the home. Site Design: The applicant proposes to use the dwelling and rear yard for the day-care. The applicant offers a fenced rear yard to accommodate play area for children in the home. Proffered Condition 7 stipulates that outdoor play areas be located in the side and rear yards, that a four (4) foot fence encloses the outdoor play area and that any equipment for outdoor play areas is located a nunimum of fifteen (15) feet from side and rear property lines. 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 (Proffered Condition 2). Proffered Condition 3 would ensure no sign is displayed to identify the use. CONCLUSION The proposed family day-care home, as conditioned, should have no adverse impact on the surrounding neighborhood. Sinular family day-care homes have been approved in other neighborhoods and have operated without apparent adverse impact on area residences. The recommended conditions are sinular to conditions imposed on other fanuly day-care homes and are designed to maintain the residential character of the area. 4 13SN0~1 ~-lL`~N2Ei-BOS-RPT Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (5/21/13): The applicant accepted the recommendation. There was no opposition present. On motion of Dr. Brown, seconded by Dr. Wallin, the Commission recommended approval and acceptance of the proffered conditions on page 2. AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller. The Board of Supervisors, on Wednesday, June 26, 2013 beginning at 6:30 p.m., will take under consideration this request. 13SN0~1~-JL`~N2Ei-B()S-RPT ~4-"r~~• L4{~ ~u+' 111111 ~~ 4 '~ t k,. ~~ ~kY~b `tlf, q ~ ,y ~* ~ ~~ -~° ' ~ f h~r. S~ - :! rt '~~ ~T~ f r h ~f 4 ~ ~l, l ~ ~ _,~y _~ - ~ ZLd~' w' _,~ M U U N U r m ~A C .' / J .-. N N O LL O ~` ,, ~- ., G Q~~. , ~~ A ~ ©~~; ~/" 6 ~ '/ ~ r d ~ 0 (,,, Z ' 1 ... M a r O O N O 0