14SN0549CASE MANAGER: Ryan Ramsey
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0549
Gina Gusti
Bermuda Magisterial District
2954 Brentwood Circle
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Febn~ary 26, 2014 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 twelve (12) children) has operated
within the existing single-family residence for approximately eight (8) 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. WALLIN, PATTON, BROWN AND WALLER.
ABSENT: 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 Gina Gusti, 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 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 exceed five (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 east line of Brentwood Circle, east of Rothmoor Road
and is better known as 2954 Brentwood Circle. Tax ID 788-683-5627.
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Existing Zoning:
R-7
Size:
0.5 acre
Existing Land Use:
Single-fanuly residential
Adj acent Zoning and Land Use:
North, South, East and West - R-7; Single-family residential
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Public Water and Wastewater Systems:
The existing residential stnict~ire 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 Bensley Fire Station, Company Number 3, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
County Department of Transportation:
The proposed development on the property will have a minimal impact on the existing
transportation network.
Virginia Department of Transportation (VDOT~:
VDOT notes that the street in front of the property is a "shoulder and ditch" configuration
with very narrow shoulders. Consequently, "on street" parking is not available for use for
those accessing the site for the fanuly day-care use. VDOT also notes that the private
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entrance is relatively narrow (on the order of sixteen (16) to eighteen (18) feet in width). A
low volume commercial entrance may be needed for accessing the site for the purpose
intended.
LAND USE
Comprehensive Plan:
The subject property is located within the boundaries of the Northern Jefferson Davis
Corridor Plan, which suggests the request property is appropriate for Residential use
(2.51 to 4.0 dwellings per acre).
Area Development Trends:
Surrounding properties are zoned Residential (R-7) and are occupied by single-family
residential uses as part of the Sherbourne Heights 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 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 eight (8) 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 of five (5) years from the date of approval (Proffered Conditions 1 and 6).
Proffered Condition 5 would restrict the hours and days of operation to Monday through
Friday, 6 a.m. to 6 p.m. with no SatLirday or Sunday operation.
Proffered Condition 8 would not pernut employees to work on the prenuses 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
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.
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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 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.
CASE HISTORY
Applicant (1/14/14):
The applicant revised a proffer relative to the approval term for a fanuly day-care home
from a ten (10) year to a five (5) year time linutation.
Planning Commission Meeting (1/21/14):
The Planning Comnssion 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.
Mr. Patton noted that the applicant conducted a community meeting where no opposition
was present, therefore he could support the request.
On motion of Mr. Patton, seconded by Mr. Waller, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Wallin, Patton, Brown and Waller.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, Febniary 26, 2014 beginning at 6:30 p.m., will take
under consideration this request.
14SN0~49-2014FEB2Ei-BOS-RPT
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