14SN0545
CASE MANAGER: Ryan Ramsey
January 21, 2014 CPC
January 23, 2014 CPC
February 26, 2014 BS
STAFF’S
BS Time Remaining:
REQUEST ANALYSIS
365 days
AND
RECOMMENDATION
14SN0545
Sylvia Harrison
MatoacaMagisterial District
4407 Butler Lane
REQUEST:Conditional use approval to permit a family day-carehome in a Residential (R-7)
District.
PROPOSED LAND USE:
A family day-care home (the keeping of up to twelve (12)children) has operated
within the existing single-family residence for approximately seventeen (17) 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 THEPROFFERED CONDITIONS ON
PAGE 2.
AYES: MESSRS. WALLIN, PATTON, BROWN AND WALLER.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approvalfor 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.
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(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 Sylvia Harrison, exclusively, and shall not be
transferable nor run with the land. (P)
(STAFF/CPC)2.Expansion of Use: There shall be no exterior additionsor
alterations to the existing structure to accommodate this use. (P)
(STAFF/CPC)3.Signage: There shall be no signs permitted 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 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 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 exceedfive (5)years from the date of approval. (P)
(STAFF/CPC)7.Fenced Outdoor Play Areas: 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 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.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 south line of Butler Lane, west of Allie Woods Drive
and is better known as 4407 Butler Lane. Tax ID 790-612-2332.
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Existing Zoning:
R-7
Size:
0.2acre
Existing Land Use:
Single-family residential
Adjacent Zoning and Land Use:
North, East and West–R-7; Single-family residential
South –A; Single-family residential
UTILITIES
Public Water and Wastewater Systems:
The existing residential structure is connected to the public water and wastewater systems.
The request will not impact the public water and wastewater systems.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Ettrick Fire Station, Company Number 12, and Ettrick-Matoaca Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This request
will have a minimal impact on Fire andEMS.
County Department of Transportation:
The proposed additional use on the property will have a minimal impact on the existing
transportation network.
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Virginia Department of Transportation (VDOT):
VDOT notes that the street in front of the property is a“curb and gutter” configuration with
some on-street parking available on a low volume street.Thus “on street” parking is
available for low volume use for those accessing the site for the family day-care use.
LAND USE
Comprehensive Plan:
The Comprehensive Plansuggests the request property is appropriate for Suburban
Residential II use (2.0 to 4.0 dwellings per acre).
Area Development Trends:
Surrounding properties are zoned Residential (R-7) or Agricultural (A) and are occupied by
single-family residential uses.The subject property is located within the Holly Acres
Subdivision. It is anticipated that residential uses will continue in the area as recommended
by the Plan.
Use:
As noted herein, a conditional use 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 (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 family day-care
home at this location for the past seventeen (17) 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 permit the keeping of a maximum of twelve (12) children at
any one (1) time, excluding the applicant’s children and any children who reside inthe
home (Proffered Condition 4). Proffered conditions would limit this use to the applicant
only for a period of five (5)years from the date of approval (Proffered Conditions 1 and 6).
Proffered Condition 5 would restrict the hours and days of operationto Monday through
Friday, 6a.m. to 6 p.m. with no Saturday or Sunday operation.
Proffered Condition 8 would not permit 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 minimum of fifteen (15) feet from side and rear property lines. To ensure
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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. Similar family day-care homes have been approved in other
neighborhoods and have operated without apparent adverse impact on area residences. The
recommended conditions are similar to conditions imposed on other family 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
Applicant (1/15/14):
The applicant revised a proffer relative tothe approval term for a family day-care home
from a ten (10) year to a five (5) year time limitation.
Planning Commission Meeting (1/21/14):
The Planning Commission meeting scheduled for January 21, 2014 was rescheduled to
January 23, 2014 due to inclement weather.
Planning Commission Meeting (1/23/14):
The applicant accepted the recommendation. There was no opposition present.
Dr. Wallin noted that the applicant conducted a community meeting where no opposition
was present, therefore he could support the request.
On motion of Dr. Wallin, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the eight (8) proffered conditions on page 2.
AYES: Messrs. Wallin, Patton, Brown and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, February 26, 2014 beginning at 6:30 p.m., will take
under consideration this request.
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