94SN0112
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September 21, 1993 CPC
October 27, 1993 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
94SN0112
Ganzzies' Little People
Dale Magisterial District
5848 Tuskwillow Drive
REQUEST: Conditional Use to permit a family day care home in a Residential (R-7)
District.
PROPOSED LAND USE:
A family day care home within an existing single family residence is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed family day care home, if properly conditioned, should be
compatible with surrounding residential development. Family day care homes
have been approved in other similar neighborhoods throughout the County
and have operated without any apparent adverse impact upon area residences.
B. Through the Conditional Use process and the imposition of the recommended
conditions, land use compatibility with area residential development can be
further ensured.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "ST AFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(ST AFF)
1.
The Conditional Use shall be granted to and for Presline L. Hobson
and shall not be transferable nor run with the land. (P)
(ST AFF)
2.
The number of children permitted at anyone time shall not exceed
twelve (12). Other than the applicant and her immediate family
members, the number of employees involved in the operation at any
one time shall be limited to no more than one (1) person. (P)
(ST AFF)
3.
There shall be no additions or alterations to the existing structure to
accommodate th is use. (P)
(ST AFF)
4.
There shall be no signs permitted to identify this use. (P)
GENERAL INFORMATION
Location:
5848 Tuskwillow Drive. Tax Map 65-2 (2) Land of Pines, Section A, Block K, Lot 13
(Sheet 22).
Existing Zoning:
R-7
Size:
0.4 acres
Existing Land Use:
Single family residential
Adiacent Zoning & Land Use:
North, South, East and West - R-7; Single family residential or vacant
PUBLIC FACILITIES
Utilities:
The existing structure is currently connected to the public water and wastewater
system. Therefore, the applicant's request will have no impact on the public systems.
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94SN0112ANP/OCT27K
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Drainage and Erosion:
Drains via roadside ditches to Falling Creek. No existing or anticipated drainage or
erosion problems as a result of the proposed use.
Fire Service:
Dale Fire Station, Company #11. The applicant is advised to contact the Department
of Building Inspections to insure compliance with the Virginia Uniform Statewide
Building Code based upon the proposed family child care use.
The proposed land use will not generate additional need for fire protection services.
Transportation:
This use will have a minimal impact on the existing transportation "network.
LAND USE
General Plan:
Lies within the boundaries of the Central Area Land Use and Transportation Plan,
which designates the property for medium density residential use (1.51 to 4.0 units
per acre).
Area Development Trends:
The request property is located within a developed portion of Land of Pines
Subdivision. Adjacent properties are zoned residentially and are occupied by single
family residences or remain vacant.
Site Design:
A plan submitted with the application depicts an existing single family residence
located on the request site with access to Cannock Road via a graveled driveway.
Condition 3 would preclude any additions to the existing dwelling to accommodate
the use. Condition 4 would preclude any signs to identify the use.
Operation of a family day care home must conform to the requirements of the State
Department of Social Services and the Virginia Uniform Statewide Building Code for
this use.
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94SN0112/WP/OCT27K
Conclusions:
As noted herein, a Conditional Use to permit the operation of a family day care
home, from an existing residence, is requested. The Zoning Ordinance permits the
keeping of a maximum of five (5) children by right in a residential district. Approval
of this request would increase the number of children to a maximum of twelve (12)
(Condition 2). The proposed family day care home, if properly conditioned, should
have no adverse impact upon the surrounding neighborhood, as similar family day
care homes have been approved in other neighborhoods and these have operated
without any apparent adverse impact upon area residences. The recommended
conditions are similar to conditions imposed upon other family day care homes, and
are designed to ensure land use compatibility with existing area residential
development (Conditions 1 through 4). Therefore, approval of this request, subject
to the recommended conditions, is recommended.
CASE HISTORY
Planning Commission Meeting (9/21/93):
The applicant accepted staff's recommendation, but did not accept the Planning
Commission's recommendation.
There was opposition present. Concerns were expressed that the use would violate
the restrictive covenants of the subdivision, that the use represents commercial
encroachment into a single family neighborhood; the lack of a fence surrounding the
property; and the traffic impact on the neighborhood.
Mr. Miller indicated that in the past he had supported family day care homes where
there W;:1S no opposition to the use. He stated that in his opinion the use would
introduce business into a residential neighborhood and disturb the peace and
tranquility of the area. He also stated that the use may have a negative impact on
property val ues.
On motion of Mr. Miller, seconded by Mr. Cunningham, the Commission
recommended denial of this request.
AYES: Messrs. Gulley, Cunningham, Marsh and Miller.
ABSENT: Mr. Easter.
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94SN0112/WP/OCT27K
_.
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The Board of Supervisors on Wednesday, October 27, 1993, beginning at 7:00 p.m., will
take under consideration this request.
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94SN0112/WP/OCT27K
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