Monica Yvonne Lancaster Agenda Item 8

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Applicant & Owner Monica Yvonne Lancaster Public Hearing August 28, 2019

City Council Election District Centerville

Request Conditional Use Permit (Family Day-Care Home) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 1505 Colebrook Drive GPIN 1465269585 Site Size 8,765 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling / R-7.5 Residential Surrounding Land Uses and Zoning Districts North Kempsville Road Funeral home / O-1 Office South Colebrook Drive Single-family dwellings / R-7.5 Residential East Single-family dwellings / R-7.5 Residential West Single-family dwellings / R-7.5 Residential

Agenda Item 8

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• For the past two years, the applicant has provided daycare services for up to four children in her residence in the

Lake Christopher neighborhood. As it is the applicant’s desire to increase the number of children, a Conditional Use Permit is required.

• Specifically, the applicant is requesting to operate a Family Day-Care Home with up to 12 children within her 2,052 square foot home.

• The subject parcel 8,765 square foot parcel contains an outdoor playground in the rear yard that is enclosed by a six-foot privacy fence.

• The typical hours of operation are 7:30 a.m. through 5:30 p.m., Monday through Friday with one full time employee and a primary provider (the applicant).

Zoning History # Request 1 CUP (Columbarium) Approved 10/10/2006 2 CUP (Funeral Home) Approved 08/11/1993

REZ (R-5D to O-1) Approved 08/11/1993

Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

The requested Conditional Use Permit for operation of a Family Day-Care Home in the R-7.5 Residential District, in Staff’s opinion, is consistent with the intent and goals of the Comprehensive Plan. Family Day-Care Homes provide a valuable community service. When properly operated on a small scale, this use does not diminish the character of residential areas but instead enhances the community quality of life by providing a convenient and quality service.

The applicant has requested to provide day-care services for a maximum of 12 children. A Family Day-Care Home with four or less children is permitted by right in residential districts. When the number of children cared for increases to five or more children, excluding the provider’s own children and those who reside in the home, both state licensure and a Conditional Use Permit are required. The Virginia Department of Social Services (DSS) has adopted a point system to

Background and Summary of Proposal

Evaluation and Recommendation

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2

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regulate child care services which allows DSS to consider factors specific to each home (e.g., an elderly person residing in the home who requires care).

The subject site fronts Colebrook Drive, a 50-foot wide public right-of-way. Colebrook Drive is a dead-end road that does not have the adequate space for vehicles to turn around. The property has a 30-foot by 16-foot driveway that is used for vehicles to turn around. In addition, on street parking is available on both sides of Colebrook Drive. Since the drop-off and pick-up times are staggered throughout the day, Staff does not find vehicular congestion to be a concern for the proposed use. To ensure traffic congestion doesn’t arise due to the daycare operation, Staff recommends a condition to limit the use of the property to only one home occupation.

1. The Family Day-Care Home shall provide care for no more than 12 children at any one time, excluding the

provider’s own children and those who reside in the home.

2. The Family Day-Care Home shall have no more than one additional employee/volunteer, who does not reside in the home, on the premises at any time.

3. The applicant/owner shall maintain a six-foot privacy fence around the perimeter of the rear yard for the duration of the use.

4. This Conditional Use Permit is limited to the applicant only.

5. The arrival and departure times shall be staggered to avoid vehicular congestion.

6. There shall be only one Home Occupation, the Family Care-Day Home, operating on the property associated with this Conditional Use Permit.

7. Any sign identifying the Home Occupation shall be non-illuminated, not more than one square foot in area, and mounted flat against the residence.

8. Prior to operation of the proposed use, the applicant shall obtain all necessary permits and inspections from the City of Virginia Beach and obtain a Certificate of Occupancy from the Building Official’s Office for use of the house as a Family Day-Care Home.

9. The applicant shall maintain a license with the Virginia Department of Social Services for childcare. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site.

Recommended Conditions

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The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses.

The site is located in the Southern Rivers watershed. There does not appear to be any significant natural or cultural resources associated with the site.

Street Name Present Volume Present Capacity Generated Traffic

Colebrook Drive No Data Available Existing Land Use 2 – 10 ADT Proposed Land Use 3 - 58 ADT

1 Average Daily Trips 2 as defined by single-family dwelling

3 as defined by a family day-care home with up to 12 children

4 LOS = Level of Service

Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Colebrook Drive is considered a two-lane undivided local street. It is not included in the MTP. There are currently no roadway CIP projects planned for this area.

Water & Sewer The site is currently served by City water and sewer services.

Planning Commission

• The applicant reported that they met with the surrounding property owners, and no objections were raised. Seven (7) letters of support, including one (1) from the HOA, have been received by Staff.

• As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on July 15, 2019. • As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sunday, August 11, 2019 and

Sunday, August 18, 2019 • As required by City Code, the adjacent property owners were notified regarding the request and the date of the

Planning Commission public hearing on August 12, 2019 • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s

webpage of www.vbgov.com/pc on August 22, 2019.

Comprehensive Plan Recommendations

Natural and Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts

Public Outreach Information

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Proposed Site Layout

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Site Photos

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Site Photos

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Disclosure Statement

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Disclosure Statement

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Disclosure Statement

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Disclosure Statement

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• Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days.

• Following City Council’s decision, the applicant will receive a decision letter from Staff.

• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074.

• If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610.

• Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.

• The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site.

Disclosure Statement

Next Steps