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13SN0512CASE MANAGER: Darla Orr i ~ ~- ~j~, u J ~ .~ i~ ,\~ ,~1, ~,,i BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 13 SN0512 Babita Rani and. Gurpreet Kaur Bermuda Magisterial District 6731 Arbor Meadows Drive n~,-;i iti ~ni~ r~r -, August 28, 2013 BS REQUEST: Conditional use approval to pernut a family day-care home in a Residential (R-12) District. PROPOSED LAND USE: A fanuly day-care home (to pernut the keeping of up to twelve (12) children) within the existing single-fanuly residence is planned. The applicants currently operate a licensed fanuly day care home to keep up to five (5) children within the existing residence. 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. 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 Babita Rani and Gurpreet Kaur, 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 twelve (12) children, other than the applicants' own children or any children that live in the home, at any one time. (P) (STAFF/CPC) 5. Employees: No employees shall be permitted to work on the premises other than family member employees that live on the premises. (P) (STAFF/CPC) 6. Hours of Operation: The family day care home shall be permitted to operate between the hours of 5:00 a.m. and 11:30 p.m. daily. (P) (STAFF/CPC) 7. Time Limitation: This conditional use approval shall be granted for a period not to exceed five (5) years from the date of approval. (P) GENERAL INFORMATION Location: The request property fronts the south line of Arbor Meadows Drive, east of Ironbridge Boulevard and better known as 6731 Arbor Meadows Drive. Tax ID 776-658-7620. Existing Zoning: R-12 Size: 0.5 acre 2 13SN0~12-_~liG28-BOS-RPT Existing Land Use: Single-fanuly residential Adj acent Zoning and Land Use: North, East and West - R-12; Single-fanuly residential South - R-12 and R-15; Single-family residential UTILITIES Public Water and Wastewater S,, sue: This site is currently connected to the public water and wastewater systems. This request will not impact the public utility systems. ENVIRONMENTAL This request will have a nunimal impact on these facilities. PUBLIC FACILITIES Fire Service: The Chester Fire Station, Company Number 1, currently provides 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 a minimal impact on these facilities. Virginia Department of Transportation (VDOT~: VDOT observes that there is sufficient on-street parking (curb and gutter) at 6731 Arbor Meadows Drive to support clients for a small day care in a private residence. Incidental to the on-street parking is a substantial paved driveway to the actual residence. VDOT has no further concerns at this level of child care activity at a private residence. T,ANT~ TT~R Comprehensive Plan: The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2.0 to 4.0 dwellings per acre). 13SNO~12-_~li (728-BC1S-RPT Area Development Trends: Area properties are zoned residentially and are occupied by single-family residential use within the Arbor Meadows Subdivision and Arbor Landing Subdivision to the south. 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 Zoning 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 applicants are currently operating a State licensed family day- care home for up to five (5) children. Approval of this request would pernut the keeping of a maximum of twelve (12) children at any one (1) time, excluding the applicants' children and any children who reside in the home (Proffered Condition 4). Proffered conditions would linut this use to the applicants only for a period of five (5) years from the date of approval. (Proffered Conditions 1 and 7) The applicants currently care for some children whose parents work varied schedules/shifts, including weekends. There is no linutation on the hours of operation as a condition of their State license. However, Proffered Condition 6 would establish specific hours for the family day care home to preclude atwenty-four (24) hour operation while still accommodating parents who work varied shifts and weekends. Proffered Condition 5 would not pernut employees to work on the premises other than family member employees that live in the home. Site Design: The applicants propose to use the dwelling and yard for the family day-care use. The applicants offer a secured play area in addition to utilizing alternate play areas in the County. To insure that the residential character of the area is maintained, Proffered Condition 2 would preclude any additions to the existing dwelling to accommodate the proposed use. Sinularly, 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 any 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. Given these considerations, approval of this request is recommended. 4 13SN0~12-_~liG28-BOS-RPT CASE HISTORY Planning Commission Meeting (4/16/13): On their own motion and with the applicants' consent, the Commission deferred this case to their May 21, 2013 public hearing. AYES: Messrs. Brown, Wallin, Gulley and Waller. ABSENT: Mr. Patton. Staff (4/17/13): The applicants were 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 May 21, 2013 public hearing. Applicants (4/29/13): Proffered Conditions were submitted. Applicants, Area Citizens, Bermuda District Commissioner and Staff (4/29/13): A community meeting was held. Planning Commission Meeting (5/21/13): On their own motion and with the applicant's consent, the Commission deferred this case to their July 16, 2013 public hearing. Staff (5/22/13): The applicants were advised in writing that any significant, new or revised information should be submitted no later than May 28, 2013 for consideration at the Commission's July 16, 2013 public hearing. 13SN0~12-_~liG28-BOS-RPT Staff (6/17/13): To date, no new information has been received. Applicants, Area Citizens, Bermuda District Commissioner and Staff (7/9/13): A community meeting was held. Discussions included on-street customer parking. Attendees were supportive of the request. The applicants committed to advise clients to park in the driveway. Planning Commission Meeting (7/16/13): The applicants accepted the recommendation. There was support present, commending the applicants for services provided to the community and providing a petition with seventeen (17) signatures in support. On motion of Mr. Patton, 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, August 28, 2013 beginning at 6:30 p.m., will take under consideration this request. Ei 13SN0~12-_~liG28-BC)S-RPT i ",~ r ~ N \. ra °°w ~ N r ~ i ~ Y '' O Q ~~~ ~' fi~' ,, ~~ ,,% ,, ~u ~ p ~~ ~~ °. i ~` o - .; t r l f .. ~!..~ U N ~ fi~r~ ~ o ~ °:~iv ; r~ ~ ' ~~ ~~V J ,~, t.~, A;. i ' i ~" , ~ .: ft r? ..,A, i ~. .., :; . ~.;u ,g _ _, _ ~., ~ 1 1 } w _ _ ~ ~w} ti ~ ~, i ~ ~ i ^'' 1 ., ,_ w z ~ cn ~ ~ o ~ °~~ 0 ~ O O N 0 U Z f1 O M a ~ r c r