16SN0556
CASE NUMBER: 16SN0556
APPLICANT: Babes and Beyond Learning Centre
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: BERMUDA
2824 Emblem Drive
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
DECEMBER 16, 2015
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
LEANNE VILLEGAS
(804-503-4531)
Planning Department Case Manager:
RYAN RAMSEY (804-768-7592)
APPLICANT’S REQUEST
Conditional use to permit a family day-care home in a Residential (R-7) District.
The applicant intends to begin operating a licensed family day care home to allow the keeping of
up to 12 children, incidental to the dwelling. (Proffered Condition 4)
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Proffered conditions are located in Attachment 1.
RECOMMENDATION
PLANNINGRECOMMEND APPROVAL
COMMISSION
(11/17/2015)
RECOMMEND APPROVAL
As conditioned, the use should be compatible with surrounding
STAFF
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 two (2) employees who do not reside on the premises, the
PLANNING proffered conditions ensure compliance with family day-care home
standards established by the Planning Commission.
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan (The Northern Jefferson Davis Corridor Plan)
Classification: RESIDENTIAL
The designation suggests the property is appropriate for 2.51 to 4.0 dwellings per acre.
Map 3: Surrounding Land Uses & Development
Single-family
residential uses
Ranch Acres
Subdivision
Kay Road
Emblem Drive
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PLANNING
Staff Contact: Ryan Ramsey (804-768-7592) ramseyrp@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 familyday
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
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 6:30 a.m. to 6 p.m.
Hours of Operation
Proffered Condition 5
Five (5) years
Time Limitation
Proffered Condition 6
Provided
Fence and Outdoor Play Areas
Proffered Condition 7
2 employees permitted, not include family member
Employees employees who reside on the premises
Proffered Condition 8
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PUBLIC FACILITIES
FIRE SERVICE
Staff Contact: Anthony Batten (804-717-6167) BattenA@chesterfield.gov
This request will have minimal impact on fire and 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
Additional Information:
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
8/25/15 Application and proffers submitted
10/20/15 Revised proffer submitted
10/30/15 Revised proffer submitted
Community Meeting
11/9/15 The District Commissioner, applicant and staff attended the meeting. No
citizens were in attendance.
Planning Commission Meeting
11/17/15
Citizen Comments
No citizens spoke to this case.
Commission Discussion
The Commission noted their support for this case:
Community meeting was conducted
No opposition to request
Conditions will minimize impacts on adjacent properties
Recommendation – APPROVAL AND ACCEPTANCE OF THE
PROFFERED CONDITIONS IN ATTACHMENT 1
Motion: Patton Second: Wallin
AYES: Gulley, Waller, Brown, Patton and Wallin
The Board of Supervisors on Wednesday, December 16, 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 LeAnne Villegas, 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 6:30 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 5 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 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 more than two (2) employees shall be permitted to work
on the premises, other than family member employees that live on the
premises. (P)
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