15SN0625
CASE NUMBER: 15SN0625
APPLICANT: CherylB. Morman and Andre D. Morman
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: DALE
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
MAY 27, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
CHERLY MORMAN
(804-615-2293)
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-9) District.
Afamily day-care home to allow the keeping of up to twelve (12) children, incidental to a
dwelling, is planned.The applicant has operated a licensed family daycare home on the property
since 2007 without the requisite conditional use approval.
(NOTES: A. Conditions may be imposed or the property owner may proffer conditions.
B. Proffered conditions are located in Attachment 1.)
RECOMMENDATION
PLANNING RECOMMEND APPROVAL
COMMISSION
(4/21/15)
RECOMMEND APPROVAL
STAFFAs conditioned, the use should be compatible with surrounding
residential development
The residential character of the area will be maintained
Providing a FIRST CHOICE community through excellence in public service
SUMMARY OF IDENTIFIED ISSUES
Department Issue
Except for employees, the proffered conditions ensure compliance
with family daycare home standards established by the Planning
Commission.
Employees – While applicants plan to employ one (1) full time
and two (2) part-time employees who do not reside on the
PLANNING
premises, as proffered, only one (1) full-time and one (1) part-
time employee would be permitted to work at the same time.
Applicants indicate this assistanceis required to comply with
State requirements, due to ages of the children (infants to 5
years old)
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 residential development of 2.0 to 4.0 dwellings per
acre.
Map 3: Surrounding Land Uses & Development
Silver Oak Lane
Meadow Oaks SubdivisionMeadow Oaks Subdivision
Subject Property
Chippenham Parkway
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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 twelve (12) 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:
General Overview
Requirements Details
Use limited to applicants only
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 Sunday from 6 a.m. to 6 p.m., except a
maximum of four (4) children may be kept from 6 p.m.
Hours of Operation
to 12 a.m.Monday through Sunday
Proffered Condition8
Five (5) years
Time Limitation
Proffered Condition 5
Provided
Fence and Outdoor play Areas
Proffered Condition 6
No more than one (1) full-time and one (1) part-time
employee permitted at one time, other than family
Employees
member employees who reside on the premises.
Proffered Condition 7
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Greg Smith (804-706-2012) smithgd@chesterfield.gov
This request will have minimal impact on fire and Emergency Medical Services (EMS).
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station The Bensley Fire Station, Company Number 3
EMS Facility The Bensley-Bermuda Volunteer Rescue Squad
COUNTY DEPARTMENT OF TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The Comprehensive Plan, which includes the Thoroughfare Plan, identifies county-wide
transportation needs that are expected to mitigate traffic impacts of future growth. The
anticipated traffic impact of the proposal has been evaluated and it is anticipated to be
minimal.
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)
VDOT has no comment on this request.
Summary
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WATER AND WASTEWATER SYSTEMS
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
Theproposal’s impacts on the County’s utility system are detailed in the chart below:
Water and Wastewater Systems
Currently Size of Existing LineConnection Required by County Code?
Serviced?
Water Yes 6”Yes
Wastewater Yes 8”Yes
The proposed request will not impact the public water and wastewater systems.
ENVIRONMENTAL
Drainage, Erosion and Water Quality
Staff Contact: Doug Pritchard (804-748-1028) pritchardd@chesterfield.gov
Environmental Engineering has not comment on this request.
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CASE HISTORY
Applicant Submittals
1/26/15 Application submitted
3/17/15 Proffered conditionswere submitted
4/6/15 and New and revised proffered conditionswere submitted
4/21/15
Community Meeting
4/14/15 No citizens attended.
Citizen Comments
No citizens spoke to this case.
Commission Discussion
Mr. Gulley indicated concern with proposed overnight care for up to four (4)
children, noting his lack of support for a priorcase offering 24-hourcare.
Dr. Brown noted applicants’ intent to limit nighttime childcare services for
military parents. Mr. Gulley questioned if proffers could reflect this
limitation.
In consideration of this concern, the applicants agreed to amend Proffered
Condition 8 to exclude overnight child care.
Mr. Patton noted support for case, but expressed general concern for
accommodation of extenuating circumstances necessitating overnight care.
Recommendation – APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion: Brown; Seconded: Waller
AYES: Gulley, Waller, Brown, Patton and Wallin
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ATTACHMENT 1
PROFFERED CONDITIONS
Note:
“STAFF/CPC” – Recommended by both staff and Planning Commission
(STAFF/CPC)1. Non-Transferable Ownership: This conditional use approval shall be
granted to and for Andre and Cheryl Morman, 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 oftwelve (12)
children, other than the applicant’s own children, at any one time. (P)
(STAFF/CPC)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/CPC)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 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)7. Employees: No more than one (1) full-time and one (1) part-time
employee shall be permitted to work on the premises at any given time
other than family member employees that live on the premises. (P)
(STAFF/CPC)8. Hours of Operation: Hours and days of operation shall be limited to
Monday through Sunday from 6 a.m. to 6 p.m., except that a maximum
of four (4) children may be kept between the hours of 6 p.m. and 12 a.m.
Monday through Sunday. (P)
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