16SN0536
CASE NUMBER: 16SN0536
APPLICANT: Leslie Emory Deane, Jr. and Aura Bowling Deane
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: MIDLOTHIAN
1948 NEPTUNE DRIVE
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
OCTOBER 28, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
AURA BOWLING DEANE
(804-320-4795)
Planning Department Case Manager:
DARLA ORR (804-717-6533)
APPLICANT’S REQUEST
Conditional use to permit a family daycare home in a Residential (R-7) District.
Continued operation of a family daycare home, permitted to keep up to twelve (12) children, is
planned (Proffered Condition 4).
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Proffered conditions and an exhibit are located in Attachments 1and 2.
RECOMMENDATION
PLANNING RECOMMEND APPROVAL
COMMISSION
(9/15/2015)
RECOMMEND APPROVAL
Use operational for eighteen (18) years with no known adverse
impacts.
STAFF
As conditioned, use should continue to be compatible with
surrounding residential development
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 one (1) employee who does not reside on the premises and
setbacks for certain existing playground equipment (Exhibit A), the
PLANNING
proffered conditions ensure compliance with the family daycare home
standards established by the Planning Commission.
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
Rockledge Road
Single-family residential
uses -
Greenfield subdivision
Neptune Drive
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PLANNING
Staff Contact: Darla Orr(804-717-6533) orrd@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 has operated a family daycare home for up to twelve (12)
children for eighteen (18) years with no known adverse impacts on surrounding single family
residential use. 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 applicant is in the process of obtaining a State license for the use.
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
Area for Use
Proffered Condition 2
None permitted
Signage
Proffered Condition 3
Maximum of twelve (12)
Number of Children
Proffered Condition 4
Monday through Friday from 6:30a.m. to 6 p.m.
Hours of Operation
Proffered Condition 5
Ten (10) years
Time Limitation
Proffered Condition 6
Maintain fenced rear yard
Fence and Outdoor Play Areas
Setbacks for outdoor play areas/equipment
Proffered Condition 7and Exhibit A
One (1) employeepermitted, other than family member
Employees
employees who reside on premises
Proffered Condition 8
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batton (804-717-6167) BattenA@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station Bon Air Fire Station, Company Number 4
EMS Facility Bon Air Fire Station, Company Number 4
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
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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 no comment on this request.
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CASE HISTORY
Applicant Submittals
7/6/2015 Application submitted
8/31/2015 Proffers were submitted
Community Meeting
8/25/2015 No citizens attended meeting.
Planning Commission Meeting
9/15/2015 Citizen Discussion
No one spoke to support or oppose the case
Commission Discussion
Mr. Waller visited site and is comfortable, as conditioned,use will continue to
be compatible with area residential use.
Recommendation: APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion: Waller Second: Brown
AYES: Gulley, Waller, Brown, Patton and Wallin
The Board of Supervisors on Wednesday, October 28, 2015, beginning at 6:30 p.m., will
consider this request.
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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 Leslie Emory and/or Aura Bowling Deane, 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 or any children that
reside in the home, at any one time. (P)
(STAFF/CPC)5. Hours of Operation: Hours and days of operation shall be limited to
Monday through Friday from 6:30 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 feet in
height, installed and maintained around the equipment or play area.
Except for the existing swing set which is located nine and one-half (9.5)
feet from the side property line and an existing sand box which is located
four (4) feet from the rear property line, all equipment for outdoor play
areas shall be located no closer than fifteen (15) feet from the side or
rear property lines. Should the swing set or sand box be expanded,
relocated or replaced, such play equipment shall be located a minimum
fifteen (15) from the side and 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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ATTACHMENT 2
EXHIBIT A
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