14SN0517CASE MANAGER: Ryan Ramsey
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BS Time Remaining:
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0517
Joni Roberts
Clover Hill Magisterial District
13304 Farm Crest Court
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April 23, 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 eighteen (18) years
without the required zoning approval. Conditional use approval is requested to bring
the use into compliance with zoning requirements.
(NOTE: PROFFERED CONDITION 7 HAS BEEN REVISED AND PROFFERED
CONDITION 8 HAS BEEN ADDED SINCE THE COMMISSION'S CONSIDERATION
OF THIS CASE.)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. WALLIN, GULLEY AND WALLER.
NAYS: MESSRS. PATTON AND BROWN.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
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. CONDITION(S) NOTED "STAFF" ARE RECOMMENDED
SOLELY BY STAFF.)
PROFFERED CONDITIONS
(STAFF) 1. Non-Transferable Ownership: This conditional use approval shall be
granted to and for Howard and Joni Roberts, exclusively, and shall not be
transferable or nln with the land. (P)
(STAFF) 2. Expansion of Use: There shall be no exterior additions or alterations to the
existing stricture to accommodate this use. (P)
(STAFF) 3. Si~nage: There shall be no signs permitted to identify this use. (P)
(STAFF) 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) 5. 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) 6. 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 (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)
(NOTE: PROFFERED CONDITION 7 HAS BEEN MODIFIED SUBSEQUENT TO THE
COMMISSION'S CONSIDERATON OF THIS REQUEST. SHOULD THE BOARD
WISH TO APPROVE THIS REQUEST, IT WOULD BE APPROPRIATE TO ACCEPT
PROFFERED CONDITION 7 AS MODIFIED.)
(STAFF) 7. Employees: 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)
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(MODIFIED) 7. Employees: No more than one (1) employee shall be permitted to work on
the premises, other than family member employees that live on the
premises. (P)
(NOTE: PROFFERED CONDITION 8 HAS BEEN ADDED SUBSEQUENT TO THE
COMMISSION'S CONSIDERATON OF THIS REQUEST. SHOULD THE BOARD
WISH TO APPROVE THIS REQUEST, IT WOULD BE APPROPRIATE TO ACCEPT
PROFFERED CONDITION 8.)
(NEW) 8. Hours of Operation: Hours and days of operation shall be limited to
Monday through Friday from 7 a.m. to 6 p.m. There shall be no Saturday
or Sunday operation of this use. (P)
GENERAL INFORMATION
T ncati nn
The request property is located on the north line of Farm Crest Court, southeast of Planters
Wood Road and is better known as 13304 Farm Crest Court. Tax ID 731-678-9030.
Existing Zoning:
R-7 with conditional use planned development
Size:
02 acre
Existing Land Use:
Single-fanuly residential
Adj acent Zoning and Land Use:
North, South, East and West - R-7 with conditional use planned development; Single-family
residential
UTILITIES
Public Water and Wastewater Systems:
The existing residential stnicnire is connected to the public water and waste water systems.
The request will not impact the public water and wastewater systems.
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ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Clover Hill Fire Station, Company Number 7, 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 additional development on the property will have a minimal impact on the
existing transportation network.
Virginia Department of Transportation (VDOT):
VDOT notes that the site is at the end of a curb and gtrtter type cul-de-sac street and that
sufficient on-street parking is available to allow the owner to continue to provide such day
care. VDOT has no further concerns at this time.
LAND USE
Comprehensive Plan:
The Comprehensive Plan suggests the request property is appropriate for Suburban
Residential I use (maximum of 2.0 dwellings per acre).
Area Development Trends:
Surrounding properties are zoned Residential (R-7) and are occupied by single-family
residential uses. The subject property is located within the Planters Wood Subdivision, a
neighborhood within Brandermill. 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
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 eighteen (18) years. As a result of recent state law changes
4 14SN0~17-2014_~PR23-BC1S-RPT
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 (Condition 4). Conditions would linut this use to the current property owners only for
a period of five (5) years from the date of approval. (Proffered Conditions 1 and 6)
The applicant had previously proffered that two (2) employees would be pernutted to work
on the prenuses other than fanuly member employees that live in the home. Revised
Proffered Condition 7 would pernut one (1) employee to work on the prenuses other than
family member employees that live in the home. The applicant currently employs her adult
daughter, who does not live on the premises, as the only other employee she has for the
family day-care home.
The applicant had previously not proffered any time linutation on the days and hours of
operation for the fanuly day-care use. The applicant has now proffered to linut the hours and
days of operation with this conditional use approval. Proffered Condition 8 would restrict
the hours and days of operation to Monday through Friday, 7 a.m. to 6 p.m. with no
Saturday or Sunday operation.
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.
CONCLUSION
The existing 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 family day-care homes and are
designed to maintain the residential character of the area.
Given these considerations, approval of this request is recommended.
14SN0~17-2014_~PR23-BOS-RPT
CASE HISTORY
Planning Commission Meeting (11/19/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their December 17, 2013 public hearing.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
Staff (11/19/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 25, 2013 for consideration at the
Commission's December 17, 2013 public hearing.
Staff (11/25/13):
To date, no new information has been received. A community meeting with the applicant,
staff, area residents and the Clover Hill District Planning Commissioner is scheduled for
December 4, 2013.
Clover Hill Planning Commissioner, Applicant and Staff (12/4/13):
A community meeting with the applicant, staff, area residents and the Clover Hill District
Planning Commissioner was held at the Brandermill Clubhouse.
Planning Commission Meeting (12/17/13):
On their own motion and with the applicant's consent, the Commission deferred this case
to their January 21, 2014 public hearing.
AYES: Messrs. Brown, Wallin, Gulley, Patton and Waller.
Staff (12/17/13):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than December 23, 2013 for consideration at the
Commission's January 21, 2014 public hearing.
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Staff (12/26/13):
To date, no new information has been received.
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):
On their own motion and with the applicant's consent, the Commission deferred this case
to their Febniary 20, 2014 public hearing.
AYES: Messrs. Wallin, Patton, Brown and Waller.
ABSENT: Mr. Gulley.
Staff (1/24/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 27, 2014 for consideration at the Commission's
Febniary 20, 2014 public hearing.
Staff (1/28/14):
To date, no new information has been received.
Planning Commission Meeting (2/20/14):
The applicant accepted staffs recommendation, but did not accept the Planning
Commission's recommendation.
There was support present noting that the applicant provides high-quality family day-care
home services to the community; extended hours of operation to accommodate shift
worker schedules; and has a low traffic impact on neighborhood streets.
There was opposition present with concerns relative to traffic generated by the request;
hours of operation; conflict with existing neighborhood restrictive covenants; and setting
precedence for other home-based businesses to be permitted in the Brandermill
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Community. A petition of opposition was submitted to the Planning Commission for
consideration.
The Commission expressed support of the request relative to the applicant providing a
needed service to the community and proffering conditions to limit the impact of the
family day-care home on adjoining properties.
The Commission expressed concerns relative to hours of operation; the number and types
of employees working on the premises; and the scale and scope of the use being
commercial in nature.
Messrs. Patton and Wallin encouraged the applicant to consider limiting hours of
operation and outside employees prior to case consideration by the Board of Supervisors.
On motion of Mr. Gulley, seconded by Mr. Waller, the Comnssion recommended
denial.
AYES: Messrs. Wallin, Gulley and Waller.
NAYS: Messrs. Patton and Brown.
Applicant (2/24/14):
Proffered conditions were added and amended.
Board of Supervisor's Meeting (3/12/14):
On their own motion and with the applicant's consent, the Board deferred this case to
their April 23, 2014 public hearing.
Staff (3/12/14):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 18, 2014, for consideration at the Board's April
23, 2014 public hearing.
Staff (3/18/14):
To date, no new information has been received.
The Board of Supervisors, on Wednesday, Apri123, 2014 beginning at 6:30 p.m., will take under
consideration this request.
8 14SN0~17-2014_~PR23-BC1S-RPT
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