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15SN0653 CASE NUMBER: 15SN0653 APPLICANT: Yvette Williams-Patterson CHESTERFIELD COUNTY, VIRGINIA STAFF’S ANALYSIS Magisterial District: MIDLOTHIAN 2109 Ives Lane AND RECOMMENDATION Board of Supervisors (BOS) Public Hearing Date: August 26, 2015 BOS Time Remaining: 365 DAYS Applicant’s Contact: YVETTE WILLIAMS-PATTERSON (804-615-9204) 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). The applicant intends to start a licensed family day-care home on the property. (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 (7/21/15) RECOMMEND APPROVAL STAFF As 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 PLANNING - FIRE - CDOT - VDOT - UTILITIES - ENVIRONMENTAL - ENGINEERING 215SN0653-2015AUG26-BOS-RPT Map 2: Comprehensive Plan (Eastern Midlothian Area Plan) Classification: RESIDENTIAL (2.51 – 4.0 d.u.a.) The designation suggests the property is appropriate for residential development at a density of 2.51 to 4.0 units per acre. Map 3: Surrounding Land Uses & Development Forestdale Subdivision Forestdale Subdivision Ives Lane McKesson Place Dell Drive Subdivision Pocoshock Hills Subdivision 415SN0653-2015AUG26-BOS-RPT 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 would like to start the operation of a State licensed family day care home for up to twelve (12) children. Staff notes that the applicant is pursuing the conditional use approval first, prior to obtaining a license by the State Department of Social Services. Approval of this conditional use 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 applicant only Non-Transferable Ownership Proffered Condition 1 No exterior additions or alterations to existing structure Expansion of Use Proffered Condition 2 None permitted Signage Proffered Condition 3 Maximum of twelve (12) Number of Children Proffered Condition 4 Monday through Friday from 7 a.m. to 6p.m. Hours of Operation Proffered Condition 5 Five (5) years Time Limitation Proffered Condition 6 Provided Fenced Outdoor Play Areas Proffered Condition 7 No more than one (1) employee, other than family member employees who reside on the premises Employees Proffered Condition 8 515SN0653-2015AUG26-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Greg Smith (804-706-2012) smithgd@chesterfield.gov Nearby Fire and Emergency Medical Service (EMS) Facilities Fire Station The Manchester Fire Station, Company Number 2 EMS Facility The Forest View Volunteer Rescue Squad This request will have minimal impact on fire and EMS. 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 615SN0653-2015AUG26-BOS-RPT 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 no comment on this request. 715SN0653-2015AUG26-BOS-RPT CASE HISTORY Applicant Submittals 5/5/15 Application submitted 7/6/15 Proffers submitted Community Meetings 6/10/15 Community meeting held. Issues Discussed New fence installed in rear yard One employee is a family-member who does not reside on premises Planning Commission Meeting 7/21/15 Citizen Comments No one spoke to this request. Recommendation – APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS IN ATTACHMENT 1 Motion: Waller Second: Wallin AYES: Gulley, Waller, Brown and Wallin ABSENT: Patton The Board of Supervisors on Wednesday, August 26, 2015, beginning at 6:30 p.m., will consider this request. 815SN0653-2015AUG26-BOS-RPT ATTACHMENT 1 PROFFERED CONDITIONS 1.Non-Transferable Ownership: This conditional use approval shall be granted to and for Yvette Williams-Patterson, exclusively, andshall not be transferable nor run with the land. (P) 2.Expansion of Use: There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) 3.Signage: There shall be no signs permitted to identify this use. (P) 4.Number of Children: This conditional use approval shall be limited to providing care, protection and guidance to a maximum of 12children, other than the applicant’s own children, at any one time. (P) 5.Hours of Operation: Hours and days of operation shall be limited to Monday through Friday from 7a.m. to 6p.m. There shall be no Saturday or Sunday operation of this use. (P) 6.Time Limitation: This conditional use approval shall be granted for a period not to exceed 5years from the date of approval. (P) 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. Within 90 days of approval, 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) 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) 915SN0653-2015AUG26-BOS-RPT