14SN0568CASE MANAGER: Ryan Ramsey
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BS Time Remaining:
365 days
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0568
Donna L. Williams
Dale Magisterial District
4100 Dodds Ridge Drive
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June 25, 2014 BS
REQUEST: Conditional use approval to pernut a family day-care home in a Residential (R-12)
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 twenty-five (25) years
without the required zoriing approval. Conditional use approval is requested to bring
the use into compliance with zoriing 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. CONDITIONS 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 Donna L. Williams, 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 ten (10) 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 (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 property lines and no closer
than ten (10) feet to the rear property line. (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 at the northern terminus of Dodds Ridge Drive, north of
Gloucestershire Street and is better known as 4100 Dodds Ridge Drive. Tax ID 755-686-
93 99.
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Existing Zoning:
R-12
Size:
0.5 acre
Existing Land Use:
Single-fanuly residential
Adj acent Zoning and Land Use:
North, South, East and West - R-12; Single-fanuly residential
T TTrr TTrn c
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 Manchester Volunteer Rescue Squad Fire Station, Company Number 24, and
Manchester Volunteer Rescue Squad currently provide fire protection and emergency
medical service (EMS). This request will have a nunimal impact on Fire and EMS.
County Department of Transportation:
The proposed use on the property will have a minimal impact on the existing
transportation network.
Virginia Department of Transportation (VDOT~:
This request will have no impact on these facilities.
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T A NTl T TCF
Comprehensive Plan:
The Comprehensive Plan suggests the request property is appropriate for Suburban
Residential II use (2.0 to 4.0 dwellings per acre).
Area Development Trends:
Area properties are zoned residentially and are occupied by single-family residential use
within the Fernbrook 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 twenty-five (25) 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 ten (10) 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 Saturday or Sunday operation.
Proffered Condition 8 would not pernut 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 the 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 nunimum of fifteen (15) feet from side property lines and ten (10) feet
from the 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 fanuly 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 any 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
Planning Commission Meeting (5/22/14):
The applicant accepted the recommendation. There was no opposition present.
Those in support indicated no adverse impacts from the family day-care home on
neighboring properties and commended the applicant for her exceptional care of children.
On motion of Dr. Brown, seconded by Mr. Patton, 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, June 25, 2014 beginning at 6:30 p.m., will take under
consideration this request.
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