15SN0518
CASE NUMBER: 15SN0518
APPLICANT: Rita Randolph Jones
CHESTERFIELD COUNTY, VIRGINIA
Magisterial District:CLOVER HILL
STAFF’SANALYSIS
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
JANUARY 28, 2015
BOSTime Remaining:
365 DAYS
Applicant’s Contact:
RITA JONES (804-304-7412)
Planning Department Case Manager:
ROBERT CLAY (804-796-7122)
APPLICANT’S REQUEST
Conditional use to permit a family day-care home in a Residential (R-7) District
A family day-care home to allow the keeping of up to 12 children, incidental to a dwelling,is
planned. (Proffered Condition 4)
(NOTES: A. Conditions may beimposed or the property owner may proffer conditions.
B. Proffered conditions are located in Attachment1.)
RECOMMENDATION
PLANNING RECOMMEND APPROVAL
COMMISSION MEETING
As conditioned, a one-year term accommodated relocation
(12/16/14)
RECOMMEND APPROVAL
As conditioned, the use should be compatible with surrounding
residential development. Similar family day-care homes have
STAFF
been approved in other neighborhoods throughout the County
and have operated without any apparent adverse impact on
area residents.
The residential character of the area will be maintained.
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
DepartmentIssue
Except for fencing and employees, the proffered conditions ensure
compliance with family day-care home standards established by the
Planning Commission.
Fencing -Applicant is renting the property and is concerned
PLANNING
about expense given the one (1) year limitation
Employees – Include applicant’s mother, who does not reside
on the premises
FIRE-
CDOT-
VDOT-
UTILITIES-
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan
Classification: SUBURBAN RESIDENTIAL II
The designation suggests the property is appropriate for 2.0 to 4.0 dwellings per acre
.
Map 3: Surrounding Land Uses & Development
Old Creek West
Subdivision
Round Hill Ct
Creekwood
Subdivision
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PLANNING
Staff Contact: Robert Clay(804-796-7122) clayr@chesterfield.gov
PROPOSAL
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 currently operates a State licensed family day care home for up
to five (5) children. 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 in
the home.
The following provides an overview of the conditions offered by the applicant to mitigate the
impact of the use on area properties:
GeneralOverview
Requirements Details
Use limited to applicantonly
Non-Transferable
Proffered Condition 1
No exterior additions or alterations to existing structure
Limitation on Size
Proffered Condition 2
None permitted
Signage
Proffered Condition 3
Maximum of twelve(12)
Number of Children
Proffered Condition 4
Monday through Friday from 6 a.m. to 6 p.m.
Hours of Operation
Proffered Condition 5
One(1) year
Time Limitation
Proffered Condition 6
Located in rear or side yard and no closer than fifteen (15)
Outdoor Play Areas
feet to rear or side property line
Proffered Condition 7
No more than one(1) other than family member employees
Employees
who reside on the premises
Proffered Condition 8
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Greg Smith (804-706-2012)smithgd@chesterfield.gov
Nearby Fire andEmergency Medical Services (EMS) Facilities
Fire Station Manchester Fire Station, Company Number 2
EMS Facility Manchester Volunteer Rescue Squad
The request will have a minimal impact on Fire and EMS services.
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks(804-751-4461)banksj@chesterfield.gov
The proposed use will have a minimal traffic impact.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Brian Lokker (804-674-2384) brian.lokker@vdot.virginia.gov
VDOT Land Use Regulations
Traffic Impact Analysis (24VAC30-155) -
Access Management (24VAC30-73) -
Subdivision Street Acceptance (24VAC30-91/92)-
Land Use Permit (24VAC30-151)-
SummaryVDOT has no comment on this request.
WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
WaterYes 6”Yes
WastewaterYes 8”Yes
The existing residential structure is connected to the public water and wastewater systems. The
request will not impact the public water and wastewater systems.
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ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (748-1028) pritchardd@chesterfield.gov
Environmental Engineering has no comment on this request.
CASE HISTORY
Applicant Submittals
8/1/14Application submittal
10/1/14Profferedconditions submitted
12/16/14The applicant amended Proffered Condition 6 at the Planning Commission
hearing
Community Meetings
10/29/14Applicant advised staff of her meeting with the Board of Directors of the
Creekwood Homeowners Associationheld on 10/28/14.
12/8/14One (1) citizen was opposed, noting the increase in traffic and the negative
impact the use brought to the neighborhood.
Three (3) citizens were in support. They noted the added security for the
neighborhood with the applicant being there on a daily basis; the increase in
traffic is a result of ten (10) new homes recently added to the street; the need
for the service the applicant provides. The president of the HOA was in
attendance and indicated the HOA Board of Directors had voted to take no
position on this application.
Planning Commission Meeting
10/21/14 Citizen Comments
A citizen spoke in opposition, noting concerns with additional traffic.
Commission Discussion
The District Commissioner indicated his intent to defer the case to allow
time for the applicant to meet with the Homeowners Association and have a
community meeting.
Action–DEFERRED TO DECEMBER 16, 2014
12/16/14 Citizen Comments
Opposition to the request noted:
Safety (traffic) concerns
Precedent for other businesses in the community
Support for the request noted:
Good character of applicant
Service the use provides to the neighborhood
Need to amend community covenants to accommodate home-based
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businesses
Increased traffic a result of new home construction on street, no
applicant’s use
Commission Discussion
Mr. Gulley noted that;
Issueis specific toland use
Home Owners Association has advised:
taking neutral position with one-year approval
o
will not pursue changes to community covenants
o
Concerns relative to community notification of proposal
The Commission noted that:
Traffic concerns are unfounded givennew home construction
Reducing time limit to one (1) year is reasonable in consideration of
opposition; lack of fencing; and applicant’s intent to relocate
In response to a question from Mr. Gulley, the applicant agreed to amend
Proffered Condition 6 to a one-year time limit.
Recommendation –APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1 (Page 9)
Motion: Gulley; Seconded: Waller
AYES:Wallin, Patton, Brown, Gulley and Waller
The Board of Supervisors on Wednesday, January 28, 2105, beginning at 6:30 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITIONS
CONDITIONS NOTED “STAFF/CPC” WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION
(STAFF/CPC)1.Non-Transferable Ownership: This conditional use approval shall be
granted to and for Rita Jones, exclusively, and shall not be transferable
nor run with the land. (P)
(STAFF/CPC)2.Expansion of Use: There shall be no exterior additions or 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 exceed one(1) year from the date of approval. (P)
(STAFF/CPC)7.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. 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 more than one (1) employee shall be permitted to work
on the premises other than family member employees that live on the
premises. (P)
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