13SN0510CASE MANAGER: Robert Clay
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BS Time Remaining:
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SNO510
Tamera A. Moats
Clover Hill Magisterial District
4356 Ketcham Drive
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July17, 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) has operated within the
existing single-family residence for approximately two (2) years, without the
required zoning approval. Conditional use approval is requested to bring the use into
compliance with zoning requirements.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
AYES: MESSRS. BROWN, WALLIN, PATTON AND WALLER.
NAY: MR. GULLEY.
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.
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
(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.)
PROFFERED CONDITIONS
(STAFF/CPC) 1. Non-Transferable Ownership: This conditional use approval shall
be granted to and for Tamera A. Moats, exclusively, and shall not
be transferable nor nln with the land. (P)
(STAFF/CPC) 2. Expansion of Use: There shall be no exterior additions or
alterations to the existing stricture to accommodate this use. (P)
(STAFF/CPC) 3. Si~nage: There shall be no signs perntted to identify this use. (P)
(STAFF/CPC) 4. Number of Children: This conditional use approval shall be limited
to providing care, protection and guidance to a maximum of 12
children, other than the applicant's own children, at any one time.
(P)
(STAFF/CPC) 5. Hours of Operation: Hours and days of operation shall be limited
to Monday through Friday from 6:30 a.m. to 6 p.m. There shall be
no Saturday or Sunday operation of this use. (P)
(STAFF/CPC) 6. Time Limitation: This conditional use approval shall be granted for
a period not to exceed 5 years from the date of approval (P)
(STAFF/CPC) 7. Employees: No employees shall be permitted to work on the
premises other than family member employees that live on the
premises. (P)
GENERAL INFORMATION
Location:
The request property is located on the west line of Ketcham Drive, north of Towchester
Drive and better known as 4356 Ketcham Drive. Tax ID 764-688-9224.
Existing Zoning:
R-7
Size:
0.4 acre
2 13SN0~10-1UL17-BOS-RPT
Existing Land Use:
Single-fanuly residential
Adj acent Zoning and Land Use:
North, South, East and West - R-7; Single-family residential
UTILITIES
Public Water and Wastewater Systems:
The request site is currently connected to the public water and wastewater system. 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 ~ervice~
The Manchester Fire Station, Company Number 2, and Manchester 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 minimal impact on the existing transportation network.
Virginia Department of Transportation (VDOT):
A VDOT representative visited the property and found that there is sufficient on-street
parking (with curb and glitter) to support a family day-care home. Incidental to the on-
street parking is a substantial paved driveway to the actual residence. VDOT has no
further concerns.
LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the property is appropriate for Suburban Residential II
use (2.0 to 4.0 dwellings per acre).
3 13SN0~10-1UL17-BOS-RPT
Area Development Trends:
Area properties are zoned residentially and are occupied by single-family residential uses
within the Creekwood 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 fanuly day-care home is requested. The
Zoriing Ordinance pernuts 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. The applicant has been operating a state licensed fanuly day-care
home at this location for the past two (2) 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 linut this use to the applicant
only for a period often (10) years from the date of approval. (Proffered Conditions 1 and 6)
Proffered Condition 5 restricts the hours of operation. Proffered Condition 7 would not
pernut employees to work on the prenuses other than fanuly member employees that live in
the home.
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, Proffered Condition 2 would preclude
exterior additions or alterations to the existing dwelling to accommodate the proposed use.
Proffered Condition 3 prohibits any signage to identify this 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 any apparent adverse impact on area residences. The
proffered conditions are sinular to conditions imposed on other fanuly day-care homes, and are
designed to maintain the residential character of the area.
Given these considerations, approval of this request is recommended.
4 13SN0~10-1L`~L17-BOS-RPT
CASE HISTORY
Planning Commission Meeting (4/16/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their June 18, 2013 public hearing.
AYES: Messrs. Brown, Wallin, Gulley and Waller.
ABSENT: Mr. Patton.
Staff (4/17/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than April 22, 2013 for consideration at the Commission's
June 18, 2013 public hearing.
Applicant, Area Citizens, Planning Staff, District Supervisor and Planning Commissioner
(5/9/13):
A meeting was held to discuss this request. Concerns were expressed relative to the use
setting a precedent for other commercial uses in this area; what impact this use would
have on covenants and restrictions for the subdivision; and the need for flexibility to
allow this type of use.
Planning Commission Meeting (6/18/13):
The applicant accepted the recommendation.
There was support present, noting the applicant as an asset to the neighborhood and a
very good child care provider; and that the use would not set a precedent given other
home-based businesses in the neighborhood.
There was also opposition present expressing concerns relative to precedent for more
commercial uses in the community and the use being in conflict with the covenants of the
neighborhood.
Mr. Gulley noted the purpose of covenants is to protect integrity of neighborhoods and
health, safety and welfare of residents. He indicated the neighborhood split on this issue;
the balance of needs on both sides; the official position of the homeowners' association in
not supporting the request; and that he would not support the case.
13SN0~10-JL`~L17-BOS-RPT
The remaining Commissioners noted concerns relative to inconsistent enforcement of
neighborhood covenants; that interpretation and enforcement of neighborhood covenants
was not a responsibility of the Commission's; that each request was evaluated on its own
merits; and that this use exception would not set a precedent. It was generally agreed that
the time period should be shortened. The applicant agreed to reduce the time limit from
ten (10) to five (5) years.
On motion of Dr. Brown, seconded by Mr. Patton, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Brown, Wallin, Patton and Waller.
NAY: Mr. Gulley.
Applicant (7/2/13):
Proffered Condition 6 was modified to reflect a time period of five (5) years.
The Board of Supervisors, on Wednesday, July 17, 2013 beginning at 6:30 p.m., will take under
consideration this request.
13SN0~10-1UL17-BOS-RPT
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