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17SN0538 CASE NUMBER: 17SN0538 APPLICANT: Sherri A. Walker CHESTERFIELD COUNTY, VIRGINIA STAFF’SANALYSISMagisterial District: MATOACA AND 6220 Claypoint Rd RECOMMENDATION Board of Supervisors Public Hearing Date: NOVEMBER 16, 2016 CPC Time Remaining: 365 DAYS Applicant’s Contact: SHERRI A. WALKER (804-316-5368) Planning Department Case Manager: AMY SOMERVELL (804-748-1970) APPLICANT’S REQUEST Conditional use to permit a family day-care home in an Agricultural (A) District. A family day-care home to allow the keeping of up to 12 children, incidental to a dwelling, is planned. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Conditions arelocated in Attachment 1. RECOMMENDATION PLANNING RECOMMENDED APPROVAL COMMISSION (10/18/16) RECOMMEND APPROVAL As conditioned, the use should be compatible withsurrounding residential development. STAFF Residential character of the area will be maintained. Providing a FIRST CHOICE community through excellence in public service SUMMARY OF IDENTIFIED ISSUES DepartmentIssue Except for hours, timing of construction of the fenced play areaand allowing for three (3) employees who do not reside on the premises, PLANNING the conditions ensure compliance with family day-care home standards established by the Planning Commission. FIRE- CDOT- VDOT- UTILITIES- ENVIRONMENTAL - ENGINEERING REVITALIZATION- 217SN0538-2016NOV16-BOS-RPT 317SN0538-2016NOV16-BOS-RPT Map 2: Comprehensive Plan Classification: RESIDENTIAL AGRICULTURAL The designation suggests the property is appropriate fora maximum of 0.5 dwellings per acre. Map 3: Surrounding Land Uses & Development Single-family Dwellings Shared Access Claypoint Road Vacant Subject (2.39 acres) Qualla Road 417SN0538-2016NOV16-BOS-RPT PLANNING Staff Contact: Amy Somervell (804-748-1970) somervella@chesterfield.gov ZONING HISTORY Case NumberBZA ActionAdministrative Request Approved Variance to use a parcel of land which has no public road 00AN0154 (12/1/99) frontage for dwelling purposes. 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 an agricultural district. The applicant is in the processof obtaining a license by the State Department of Social Services to allow for a family day care home for up to twelve (12) children. Since April 2016, Ms. Walker hasprovided child care at this location for up to four(4) children where she specializes ininfant care. The subject property is a relatively large parcel located approximately 365 feet off Claypoint Road. This parcel shares a driveway access with the two parcels that adjoin Claypoint Road one of which is owned by the applicant and the otherowned byan immediate family member of the applicant. Operation The applicant anticipates caring for children whose parents work varied schedules/shifts to include weekendsand overnight. As such, there is no limitation on the hours of operation as a condition of this request. However, Conditions5, 6 and 7would establish specific hours for pick-up and drop-off that accommodate varied schedules, and provide flexibility to care for children seven (7) days a week while limiting the care for overnight stays for up to three (3) children at any one (1) time. Play Area The applicant anticipates caring for children ranging in age from infant to five (5)years old, with the majority of the children being infants. As such, outdoor play is not anticipated within the first two (2) years of operation with the exception of one (1) toddler currently enrolled for care.Therefore,Condition 9establishesa fenced play area shall be constructed within two years of receiving approval of this requestor when receiving two (2) toddlersfor care. Until such time, outside play is limited to the deck adjoining the rear of the house where the perimeter is secured as shown in Exhibit 1. 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. 517SN0538-2016NOV16-BOS-RPT Exhibit 1 Proposed Play Area 617SN0538-2016NOV16-BOS-RPT 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 Condition 1 No exterior additions or alterations to existing structure Limitation on Size Condition 2 None permitted Signage Condition 3 Maximum of twelve (12) Number of Children Condition 4 Seven (7) days a week Days of Operation Condition 5 Maximum of three (3) children Overnight Care of Children Condition 6 Betweenthe hours of 6:00 a.m. to 6:30p.m.with exceptionthat three (3) children may be picked- Pick-up and Drop-off up/dropped-off no later than 10 p.m. Condition 7 Five (5) years Time Limitation Condition 8 Construct fence within two (2) years or when two (2) Recreational Equipment, Outdoor toddlersare enrolled for care. Limited to rear deckuntil Play Areasand Fencing fenced play area is constructed. Condition 9 3employeespermitted, not includingfamily member Employeesemployees who reside on the premises Condition 10 717SN0538-2016NOV16-BOS-RPT PUBLIC FACILITIES FIRE SERVICE Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov 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, identifiescounty-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 To date, no comments received WATER AND WASTEWATER SYSTEMS Staff Contact: Terry Maples(804-751-4435)tmaples@chesterfield.gov Connection to public water and sewer is not required under County Code, therefore there are no impacts. ENVIRONMENTAL Drainage, Erosion and Water Quality Staff Contact: Rebeccah Ward(804-748-1028) wardr@chesterfield.gov This request will have minimal impact. 817SN0538-2016NOV16-BOS-RPT CASE HISTORY Applicant Submittals 7/28/16Application submitted Community Meeting 9/13/16Community meeting No citizens attended Planning Commission Meeting 10/18/16 Citizen Comments No citizens spoke to this case. RecommendationAPPROVAL SUBJECT TO CONDITIONS IN – ATTACHMENT 1 Motion: WallinSecond: Freye AYES:Wallin, Sloan, Freye, Jackson and Jones The Board of Supervisors on Wednesday, November 16, 2016, beginning at 6:30 p.m., will consider this request. 917SN0538-2016NOV16-BOS-RPT ATTACHMENT 1 CONDITIONS Note: The following conditions were recommended by both staff and the Planning Commission. 1.Non-Transferable Ownership: This conditional use approval shall be granted to and for Sherri A. Walker, exclusively, and shall not be transferable nor runwith 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 twelve (12) children, other than the applicant’s own children, at any one time. (P) 5.Days of Operation: This conditional use shall be permitted to operate seven (7) daysa week. (P) 6.Evening and Overnight Care of Children:A maximum of three (3) children may be cared for in the evening and overnight with the operator of the family day-care home, after the hour of 6:30 p.m. (P) 7.Pick-up and Drop-off: a.With the exception of three (3) children cared for in the evening and overnight, pick-up and drop-off shall be between the hours of 6 a.m. to 6:30 p.m. b.Pick-up and drop-off for evening and overnight care shall not occur later than 10 p.m.(P) 8.Time Limitation: This conditional use approval shall be granted for a period not to exceed five(5)years from the date of approval. (P) 9.Outdoor Play Areas: A fenced outdoor play area shall be constructed within two (2) years of receiving approval for this use or upon receiving two (2) toddlers (two years or older) for care,whichever occurs first. The fenced area shall be located within the side and rear yard of the property and provide connection to the reardeck access. The perimeter fencing shall be at least four (4) feet in height and constructed in the general area as shown in Exhibit 1. Until such time as the fenced play area is constructed, the outdoor play area shall be confined to the rear deck of the house where the perimeter is secured.Upon request, the applicant shall provide the Planning Departmentwritten documentation reflectingthe ages of the children enrolled for care.(P) 10.Employees: No more than three(3)employeesshall be permitted to work on the premises, other than family member employees that live on the premises. No overnight care shall be provided by employees. (P) 1017SN0538-2016NOV16-BOS-RPT