13SN0528CASE MANAGER: Robert Clay
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
13 SN0528
A Sense of Pride
Midlothian Magisterial District
3141 Waterton Drive
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August 28, 2013 BS
REQUEST: Conditional use approval to pernut a family day-care home in a Residential (R-40)
District.
PROPOSED LAND USE:
A family day-care home (the keeping of up to 12 children) has operated within the
existing single-fanuly residence for approximately ten (10) years, without the
required zoning approval. Conditional use approval is requested to bring the use into
compliance with zoriing requirements.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE 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. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON BY BOTH
STAFF AND THE COMMISSION.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
CONDITIONS
(STAFF/CPC) 1. This conditional use approval shall be granted to and for Paul
and/or Christine Begin, exclusively, and shall not be transferable
nor nln with the land. (P)
(STAFF/CPC) 2. There shall be no exterior additions or alterations to the existing
stricture 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 approval 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 Monday through
Friday from 6 a.m. to 6 p.m. There shall be no Saturday or Sunday
operation of this use. (P)
(STAFF/CPC) 6. This conditional use approval shall be granted for a period not to
exceed five (5) 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 and/or recreational equipment areas
shall have perimeter fencing of at least four (4) 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 more than two (2) employees shall be permitted to work on the
premises, other than family member employees that live on the
premises. (P)
(STAFF/CPC) 9. This conditional use approval shall be limited to providing care,
protection and guidance to children from infant through four years
of age. (P)
GENERAL INFORMATION
Location:
The request property is located on the west line of Waterton Drive, south of Springcreek
Drive and better known as 3141 Waterton Drive. Tax ID 738-720-5736.
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Existing Zoning:
R-40
Size:
12 acres
Existing Land Use:
Single-fanuly residential
Adj acent Zoning and Land Use:
North, South, East and West - R-40; Single-fanuly residential
UTILITIES
Public Water Svstem:
There is a six (6) inch water line extending along the western side of Waterton Drive. The
request site is currently connected to the public water system. This request will not
impact the public water system.
Public Wastewater Svstem:
The public wastewater system is not readily available to the request site. The site is
currently utilizing a private septic system. This request will not impact the public
wastewater system. Continued and/or expanded use of a private septic system must be
approved by the Health Department.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Bon Air Fire Station, Company Number 4, 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.
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LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the property is appropriate for Low Density
Residential use (maximum of 1.0 dwelling per acre).
Area Development Trends:
Area Properties are zoned residentially and are occupied by single-family residential uses
within the Foundry Run Subdivision. Reeds Hill Subdivision borders to the east. 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 applicant has been operating a state licensed fanuly day-care
home at this location for the past ten (10) 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, they became aware of the
conditional use approval requirement.
Approval of this request would permit the keeping of a maximum of twelve (12) children,
from infancy to 4 years of age, at any one (1) time, excluding the applicant's children and
any children who reside in the home (Conditions 4 and 9). Conditions would linut this use to
the current property owners only for a period of five (5) years from the date of approval.
(Conditions 1 and 6)
Condition 5 restricts the hours of operation. Condition 8 would pernut two (2) 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, Condition 2 would preclude exterior additions
or alterations to the existing dwelling to accommodate the proposed use. Condition 3
prohibits any signage to identify this use, and Condition 7 requires a fence around any
outdoor play area associated with this use.
CONCLUSION
The proposed family day-care home, as conditioned, should have no adverse impact on the
surrounding neighborhood. Sinular fanuly day-care homes have been approved in other
neighborhoods and have operated without any apparent adverse impact on area residences. The
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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.
CASE HISTORY
Planning Commission Meeting (6/18/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their July 16, 2013 public hearing.
Staff (6/19/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 24, 2013 for consideration at the Commission's
July 16, 2013 public hearing.
Staff, Applicants and District Commissioner (6/25/13):
A meeting was held to discuss this case. Discussion included the licensure requirements
for staffing relative to the numbers and ages of the children for which care is provided.
Staff (7/8/13):
To date, no new information has been received.
Planning Commission Meeting (7/16/13):
The applicant accepted the recommendation. There was no opposition present.
With agreement from the applicants, Mr. Waller amended Condition 8 and added
Condition 9.
On motion of Mr. Waller, seconded by Dr. Wallin, the Commission recommended
approval subject to the conditions on page 2.
13SN0~28-_~liG28-BC1S-RPT
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.
13SN0 X28-_~li G28-BC1S-RPT
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