14SN0591CASE MANAGER: Ryan Ramsey
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
14SN0591
Tomnue W. Snead
and.
James Edward Snead
Clover Hill Magisterial District
4100 Fort Sumter Court
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October 22, 2014 BS
REQUEST: Conditional use approval to pernut a fanuly day-care home in a Residential (R-9)
District.
PROPOSED LAND USE:
A fanuly day-care home (the keeping of up to twelve (12) children) has operated
within the existing single-fanuly residence for approximately twenty-five (25) 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 SUBJECT TO THE PROFFERED CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. As conditioned, the fanuly day-care home should be compatible with surrounding
residential development. Sinular fanuly 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 OWNERS MAY
PROFFER CONDITIONS. CONDITIONS NOTED "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION.)
Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice
PROFFERED CONDITIONS
(STAFF/CPC) 1. Non-Transferable Ownership: This conditional use approval shall
be granted to and for James E. and Tommie W. Snead, 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. Signage: 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 Linutation: 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 andlor
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
prenuses other than family member employees that live on the
prenuses. (P)
GENERAL INFORMATION
Location:
The request property is located at the northern ternunus of Fort Sumter Court and is better
known as 4100 Fort Sumter Court. Tax ID 738-680-7213.
Existing Zoning:
R-9
2 14SN0~91-2014(. )CT22-BOS-RPT
Size:
0.4 acre
Existing Land Use:
Single-fanuly residential
Adjacent Zoning and Land Use:
North - C-4; Vacant
South, East and West - R-9; Single-fanuly residential
UTILITIES
Public Water and Wastewater Systems:
The existing residential stricture 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 The
Clover Hill Fire Station, Company Number 7, 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 nunimal impact on the existing
transportation network.
Vir ing is Department of Transportation (VDOT~:
This request will have no impact on these facilities.
3 14SN0~91-2014(. )CT22-BOS-RPT
LAND USE
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-fanuly residential homes
within the Glen Tara 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 pernut 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 applicants have 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 applicants contacted the County to verify
zoning requirements. When the applicants contacted the County, they 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 applicants' children and any children who reside in the
home (Proffered Condition 4). Proffered conditions would linut this use to the applicants
only for a period often (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 prenuses other than
fanuly member employees that live in the home.
Site Design:
The applicants propose to use the dwelling and rear yard for the day-care. The applicants
offer 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 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.
4 14SN0~91-2014(. )CT22-BOS-RPT
CONCLUSION
The proposed fanuly day-care home, as conditioned, should have no adverse impact on the
surrounding neighborhood. Sinular fanuly 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 (9/16/14):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gulley, seconded by Dr. Wallin, the Commssion recommended
approval subject to the proffered conditions on page 2.
AYES: Messrs. Wallin, Patton, Brown, Gulley and Waller.
The Board of Supervisors, on Wednesday, October 22, 2014 beginning at 6:30 p.m., will take
under consideration this request.
14SN0~91-2014(. )CT22-BOS-RPT