07SN0275
L^1pril 17, 2007 CPC
May 23,2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
07SN0275
Jared Swanson
Matoaca Magisterial District
13732 War Admiral Drive
REQUEST: Conditional Use to permit a family day care home in a Residential (R-12) 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 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 on area residences.
B. Through the Conditional Use process and the imposition of the recommended
conditions, the residential character of the area will be maintained.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/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.)
Providing a FIRST CHOICE commnnity through excellence in public service
CONDITIONS
(STAFF)
1.
This Conditional Use shall be granted to and for Jared Swanson,
exclusively, and shall not be transferable nor run with the land. (P)
(STAFF)
2.
There shall be no exterior additions or alterations to the existing structure to
accommodate this use. (P)
(STAFF)
3.
There shall be no signs permitted to identify this use. (P)
GENERAL INFORMATION
Location:
Northeast quadrant of War Admiral and Count Fleet Drives and better known as 13732 War
Admiral Drive. Tax ID 729-669-4038.
Existing Zoning:
R-12
Size:
0.3 acre
Existing Land Use:
Single family residential
Adiacent Zoning and Land Use:
North, South, East and West- R-12; Single family residential
UTILITIES
Public Water System:
There is an existing six eight (8) inch water line extending along War Admeral Drive and
Count Fleet Drive, adjacent to the site. The existing home on this site is connected to the
public water system. Use of the public water system is required by County Code.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending along both Count
Fleet Drive and War Admiral Drive, adjacent to this site. The existing home on the request
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site is connected to the public wastewater system. Use of the public wastewater system is
required by County Code.
ENVIRONMENT AL AND PUBLIC FACILITIES
This request will have no impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for residential use of 2.0 units per acre or less.
Area Development Trends:
Surrounding properties are zoned Residential (R-12) and are occupied by single family
dwellings within Triple Crown Subdivision.
Use:
As noted herein, a Conditional Use to permit a family day care home 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 permit the keeping of a maximum of
twelve (12) children at anyone time, excluding the applicant's children and any children
who reside in the home.
Site Design:
The applicant proposes to utilize the dwelling and yard for the daycare. To insure that the
residential character of the area is maintained, conditions preclude any additions to the
existing dwelling to accommodate the use and any signs to identify the use. (Conditions 2
and 3)
CONCLUSION
The proposed family day care home, as conditioned, should have no adverse impact on the
surrounding neighborhood. Similar family day care homes have been approved in other
neighborhoods and have operated without any apparent impact on area residences. The
conditions are similar to conditions imposed on other family day care homes and are designed to
maintain the residential character of the area. (Conditions 1 through 3)
Given the foregoing, approval of this request, subject to the conditions, is recommended.
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CASE HISTORY
Planning Commi ssi on Meeting (4/1 7 /07):
The applicant was not present. There was no opposition present. Staff contacted the
applicant via phone. The applicant indicated that he had been unable to obtain signatures
of support from those residing in proximity to the property and had understood without
that his case would be denied. It was indicated the Commission should act on the case in
his absence.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended denial.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
Staff (4/20/07):
Staff has attempted to contact the applicant to no avail.
The Board of Supervisors, on Wednesday, May 23,2007, beginning at 6:30 p.m., will take under
consideration this request.
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