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19SN0584 CASE NUMBER: 19SN0584 APPLICANT: Gina Theodora Galeas CHESTERFIELD COUNTY, VIRGINIA BERMUDA DISTRICT AND RECOMMENDATION Board of Supervisors (BOS) Hearing: APRIL 24, 2019 BOSTime Remaining: 365 DAYS GINA GALEAS (804-271-2722) Planning Department Case Manager: 0.5 Acre 2954 Brentwood Circle JANE PETERSON (804-748-1045) REQUEST Conditional use to permit a family day-care home in a Residential (R-7) District to allow the keeping of up to 12 children incidental to the dwelling. Notes: A.Conditions may be imposed or the property owner may proffer conditions. B.Conditions and existing zoning conditions are located in Attachments 1 and 2. SUMMARY In 2014, a conditional use (Case 14SN0549) was approved to permit the applicants to operate a family day care home for the keeping of up to 12 children, incidental to the dwelling. This approval was granted for 5 years. The applicant intends to continue operating the family day care home subject to the same conditions of the 2014 approval, except with no time limitation. RECOMMENDATIONS PLANNING APPROVAL COMMISSION APPROVAL As conditioned, the use would be compatible with surrounding STAFF residential development Residential character of the area would be maintained Providing a FIRST CHOICE community through excellence in public service 219SN0584-2019APR24-BOS-RPT Comprehensive Plan (Northern Jefferson Davis Special Area Plan) Classification: SUBURBAN RESIDENTIAL II The designation suggests the property is appropriate for residential use of 2.0 to 4.0 dwelling units per acre Surrounding Land Uses and Development Sherbourne Rd Brentwood Circle Wentworth St Single family residential Strathmore Rd Sherbourne Heights 319SN0584-2019APR24-BOS-RPT PLANNING Staff Contact: Jane Peterson (804-748-1045) petersonj@chesterfield.gov Proposal The Zoning Ordinance permits the keeping of a maximum of five (5) children at any one (1) time, district. The applicant has been operating a State licensed family day care home to keep up to twelve (12) children. The applicant received conditional use approval in 2014 (Case 14SN0549) to permit children and any children who reside in the home. The chart below provides an overview of the recommended conditions to continue to mitigate the impact of the use on area properties. These conditions are the same as those approved with 14SN0549 except that no time limitation is included. The use would be permitted for the applicant only. General Overview Requirements Details Limited to the applicant only Non-Transferable /ƚƓķźƷźƚƓ Њ No exterior additions or alterations to existing structure Limitation on Size /ƚƓķźƷźƚƓ Ћ None permitted Signage /ƚƓķźƷźƚƓ Ќ Maximum of twelve (12) Number of Children /ƚƓķźƷźƚƓ Ѝ Weekdays only; 6:00 a.m. until 6:00 p.m. Days/Hours of Operation /ƚƓķźƷźƚƓ Ў Outdoor play area in side or rear yard; within enclosed Recreational Equipment, Outdoor fenced area Play Areas and Fencing /ƚƓķźƷźƚƓ Џ No outside employees permitted other than family Outside Employees member employees who live in the home /ƚƓķźƷźƚƓ А 419SN0584-2019APR24-BOS-RPT COUNTY DEPARTMENT OF TRANSPORTATION Staff Contact: SteveAdams (804) 748-1037 adamsSt@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. FIRE AND EMERGENCY MEDICAL SERVICES 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 Fire Station, Company Number 3 UTILITIES Staff Contact: Matthew Rembold (804-706-7616) remboldm@chesterfield.gov This parcel is currently served by public water and public wastewater and the request to continue the daycare use will have no impact to these facilities. The Utilities Department supports this case. VIRGINIA DEPARTMENT OF TRANSPORTATION Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov ENVIRONMENTAL ENGINEERING Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov This request will not impact these facilities. 519SN0584-2019APR24-BOS-RPT CASE HISTORY Applicant Submittals 01/25/19 Application submitted Planning Commission 3/19/19 Citizen Comments: No citizens spoke to this request. Recommendation APPROVAL SUBJECT TO THE CONDITIONS IN ATTACHMENT 1 Motion: Sloan Second: Jones AYES: Jackson, Freye, Jones, Sloan and Stariha The Board of Supervisors on Wednesday, April 24, 2019, beginning at 6:00 p.m., will consider this request. 619SN0584-2019APR24-BOS-RPT ATTACHMENT 1 CONDITIONS Note: The following conditions are recommended by the Planning Commission and staff. 1.Non-Transferable Ownership: This conditional use approval shall be granted to and for Gina Theodora Galeas, exclusively, and shall 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 own children or any children that reside in the home, at any one time. (P) 5. Hours of Operation: Hours and days of operation shall be limited to Monday through Friday from 6:00 a.m. to 6:00 p.m. There shall be no operation of this use on Saturday or Sunday. (P) 6. 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 and/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) 7. Employees: No employees shall be permitted to work on the premises other than family member employees that live on the premises. (P) 719SN0584-2019APR24-BOS-RPT ATTACHMENT 2 APPROVED CONDITIONS (CASE 14SN0549) 1.Non-Transferable Ownership: This conditional use approval shall be granted to and for Gina Gusti, exclusively, and shall 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 own children or any children that reside in the home, at any one time. (P) 5.Hours of Operation: Hours and days of operation shall be limited to Monday through Friday from 6 a.m. to 6 p.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 five (5) years 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. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four feet in height, installed and maintained around the equipment and/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) 8.Employees: No employees shall be permitted to work on the premises other than family member employees that live on the premises. (P) 819SN0584-2019APR24-BOS-RPT