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03SN0175-FEB26.pdfFebruary 26, 2003 BS STAFF'S REQUEST ANALYSIS RECOMMENDATION 03SN0175 Donna Askew Howard Dale Magisterial District 4318 Jacobs Bend Terrace REQUEST: Conditional Use to permit a family day care home in a Residential (R-12) 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 CONDITIONS ON PAOE 2. STAFF RECOMMENDATION Recommend approval for the following masons: 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 any adverse impact on area residences. 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. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE Providing a FIRST CHOICE Community Through Excellence in Public Service. RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITIONS (STAFF/CPC) 1. (STAFF/CPC) 2. (STAFF/CPC) 3. Location: This Conditional Use shall be grantexl to and for Donna Askew Howard exclusively, and shall not be transferable nor run with the land. (e) There shall be no exterior additions or alterations to the existing stmcmre'to accommodate this use. (P) There shall be no signs permitted to identify this use. (P) GENERAL INFORMATION West line of Jacobs Bend Terrace, north of Jacobs Bend Drive and better known as 4318 Jacobs Bend Terrace. Tax ID 758-685-1030 (Sheet 11). Existing Zoning: R-12 Size: 0.4 acre Existing Land Use: Single family residential Adjacent Zoning and Land Use: North, South, East and West - R-12; Single family residential UTILITIES Public Water System: There is an existing six (6) inch water line extending along the western side of 3'acobs Bend Terrace, adjacent to this site. Use of the public water system is required by County Code. The existing home is connected to the public water system. 2 03SN0175-FEB26-BOS Public Wastewater System: There is an existing eight (8) inch wastewater collector extending along Jacobs Bend Terrace, adjacent to this site. Use of the pubYm wastewater system is required by County Code. The existing home is connected to the public wastewater system. ENVIRONMENTAL Drainage and Erosion: The proposed use will have no impact on these facilities. PUBLIC FACILITIES Fire Service and Transportation: The proposed use will have a minimal impact on the existing transportation network and fire/rescue services. LAND USE Comprehensive Plan: The request site lies within the boundaries of the Central Area Plan which suggests the property is appropriate for residential use of 1.00 to 2.50 units per acre. Area Development Trends: The property is located within Jacobs Glenn Subdivision. Adjacent properties are zoned residential and are occupied by single family residences in the Cabin Creek West and Jacobs Glenn Subdivisions. Site Design: The applicant proposes to utilize the dwelling in which she resides and the backyard area for the family day care home. To insure that the residential character of the area is maintained, conditions preclude any additions or alterations to the existing structure to accommodate the use and any sign to identify the use. (Conditions 2 and 3) Use'. As noted herein, the applicant is requesting a family day care home. The Zoning Ordinance permits the keeping of a maximum of five (5) children, excluding the provider?s children and any children who reside in the home, as a reslricted use in a residential dish-itt. The Ordinance would allow the keeping of up to twelve (12) children with a Conditional Use. 3 03SN0175-FEB26-BOS CONCLUSIONS 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 any apparent impact on area residences. The conditions are similar to conditions imposed upon other family day care homes and are designed to maintain the residential character of the area (Conditions 1 through 3). Therefore, approval of this request, subject to the conditions, is recommended. CASE HISTORY Planning Commission Meeting (1/21/03): The applicant accepted the recommendation. There was opposition present. Two (2) residents who live south of the intersection of Jacobs Bend Drive and Cindiwood Drive expressed concerns that the proposed use represents commercial encroachment into a single family residential neighborhood and approval, could set a precedent for other commercial uses in the area. Concerns were also expressed that the use would increase traffic in the neighborhood. Mr. Litton indicated that a meeting was held to discuss the proposal with adjacent property owners and no one appeared in opposition. He stated that those who expressed concerns do not live in proximity to the request property and therefore, did not feel that they would be affected by the use. On motion of Mr. Litton, seconded by Mr. Stack, the Commission recommended approval of this request subject to the conditions on page 2~ AYES: Unanimous. The Board of Supervisors, on Wednesday, February 26, 2003, beginning at 7:00 p.m., will take under consideration this request. 4 03SN0175-FEB26-BOS FoRDHA~ Good evening Mr, ~lle~ and fellow members of the Board of supervisors My name is Donna Askew Howard and I am requesting your favorable response to my Family daycare. I have a college degree in Early childhood Educ.and would like to share my knowledge a~_d love of children with my neighbors and community while at the same time stay at home with my young son. During myl3 years of experience as an educator in the Newport News, Va. Beach, and Chesterfield School systems, I have developed an excellent raport with my students, colleagues, administrators and my student's families. At this point in my life, I would like to embark on a similar and new adventure as aficens_e{ family daycare provider. My request was recommended for approval by the county staff and the entire planning commission. I am here tonight to again ask for your approval. While there were 2 people at the planning meeting who were in opposition to my request, ! have several letters of support from my immediate neighbors as well as some who have showed up personally. The two people who were opposed do not live anywhere near my house. They are both on the_c.ojnple, te.oppositeend of my street. If they are present tonight I'd like to ask permission to speak again once they've been heard. Thank you kindly. Dear Board of Supervisors: I am a neighbor of Donna Askew Howard's and I am not opposed to her request for a family daycare in our neighborhood. Dear Board of Supervisors: I am a neighbor of Donna Askew Howard's and I am not opposed to her request for a family daycare in our neighborhood. Name: Comments: Dear Board of Supervisors: I am a neighbor of Donna Askew Howard's and I am not opposed to her request for a family daycare in our neighborhood. Name: Address: 4312 Jacobs Bend Terrace Richmond, VA 23236 Comments: I live adjacent to Donna Askew Howard's home and I have no problem with her family daycare next to my home because Mrs. Howard has insured me that the property value of our homes in the subdivision will not be affected. I feel confident that she will honor her word. Feel fi:ce to call me at 804-677-5918.