15SN0571
CASE NUMBER: 16SN0571
APPLICANT: Mark Fernandez and Kinda Parker-Fernandez
CHESTERFIELD COUNTY, VIRGINIA
STAFF’S ANALYSIS Magisterial District: CLOVER HILL
441 Comstock Drive
AND
RECOMMENDATION
Board of Supervisors (BOS)
Public Hearing Date:
FEBRUARY 24, 2016
BOS Time Remaining:
365 DAYS
Applicant’s Contact:
MARK AND KINDA PARKER-
FERNANDEZ
(804-317-4419)
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.
Operation of a family daycare home, permitted to keep up to twelve (12) children, is planned.
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
(1/19/2016)
RECOMMEND APPROVAL
As conditioned, 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 one (1) employee who does not reside on the premises, the
proffered conditions ensure compliance with the family daycare home
PLANNING
guidelines established by the Planning Commission.
FIRE -
CDOT -
VDOT -
UTILITIES -
ENVIRONMENTAL
-
ENGINEERING
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Map 2: Comprehensive Plan – NORTHERN COURTHOUSE ROAD COMMUNITY PLAN
Classification: RESIDENTIAL
The designation suggests the property is appropriate for 2.0 dwellings per acreor less.
Map 3: Surrounding Land Uses & Development
Single-family residential
uses -
Hylton Park subdivision
Comstock Dr
Keithwood Pkwy
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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 five (5) children
for the past two (2) 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 Kinda Fernandez 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
Five (5)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 Batten (804-717-6167) battena@chesterfield.gov
Nearby Fire and Emergency Medical Service (EMS) Facilities
Fire Station Courthouse Fire Station, Company Number 20
EMS Facility Courthouse Fire Station, Company Number 20
Thisrequest 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: Rebeccah Ward (804-748-1028) wardr@chesterfield.gov
Environmental Engineering has no comment on this request.
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CASE HISTORY
Applicant Submittals
11/10/2015 Application submitted
12/17/15 Revised proffered conditions submitted
Planning Commission Meeting
1/19/2016 Citizen Comments:
No one spoke to this request
Commission Discussion:
Mrs. Freye stated approval would be appropriate because there was no
neighborhood opposition and, as conditioned, the proposal meets the Planning
Commission guidelines for family day care homes.
Recommendation –APPROVAL SUBJECT TO THE PROFFERED CONDITIONSIN
ATTACHMENT 1
Motion: Freye Seconded:Jones
AYES: Wallin, Sloan, Freye, Jackson and Jones
The Board of Supervisors on Wednesday, February 24, 2016, 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 Kinda Fernandez, 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 five (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 and maintained around the equipment or play area.All
equipment for outdoor play areas shall be located no closer than fifteen
(15) feet from 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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