applicant erica dancel and ramon mejia property owner edmund

Erica Dancel and Ramon Mejia Agenda Item D1

Applicant Erica Dancel and Ramon Mejia Property Owner Edmund Dancel & Ramon Mejia Public Hearing October 12, 2016 (Previously deferred 09/14/2016)

City Council Election District Rose Hall

Request Conditional Use Permit (Family Day-Care Home) Staff Planner Jonathan Sanders Location 2749 Mulberry Loop GPIN 2405213613 Site Size 11,042 square feet AICUZ 70-75 dB DNL Existing Land Use and Zoning District Single-family dwelling / PD-H2 (R-10) Planned Unit Development Surrounding Land Uses and Zoning Districts North Mulberry Loop Single-family dwellings / PD-H2 (R-10) Planned Unit Development South Single-family dwellings / PD-H2 (R-10) Planned Unit Development East Mulberry Loop Cemetery / PD-H2 (R-10) Planned Unit Development West Single-family dwellings / PD-H2 (R-10) Planned Unit Development

Agenda Item D1


• This application was deferred by the applicant prior to the September 14, 2016 Planning Commission meeting to

address issues with the Homeowners’ Association regarding allowing a business to run out of the home. The applicant has resolved this matter and wishes to move forward with the request.

• The applicant requests a Conditional Use Permit to care for up to 12 children within a single-family dwelling. She has been a substitute teacher for Virginia Beach Public Schools and has worked with special needs children, specifically, children with autism.

• The approximately 11,000 square-foot parcel is zoned PD-H2 (R-10) Planned Unit Development District and is located on a corner lot in the Castleton at London Bridge neighborhood. The property has a large back yard for children to play outdoors. The existing driveway provides ample space for the drop-off and pick-up of children.

• The proposed hours of operation are Monday through Friday, 6:00 a.m. to 6:00 p.m.

• Consistent with the provisions of Section 501(b)(5) of the Zoning Ordinance, the applicant intends to employ one employee to assist in the operation of the family day-care home.

Zoning History # Request 1 REZ (AG-1/R-3/R-8 to PD-H2 (R-10)) Approved

01/14/1985

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 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. (pp. 1-59 to 1-68)

Background and Summary of Proposal

Comprehensive Plan Recommendations

1


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

Street Name Present Volume Present Capacity Generated Traffic

Mulberry Loop No Data Available Existing Land Use 1 - 10 ADT Proposed Land Use 2 - 48 ADT

1 as defined by one single-family dwelling

2 as defined by Family Day-Care Home

Water and Sewer The site is already connected to both City water and sanitary sewer service.

This request for a Conditional Use Permit for a Family Day-Care Home is consistent with the Comprehensive Plan’s land use goals for residential areas, and preserving neighborhood stability in the Suburban Area. Based on concern raised by the next door neighbor, the applicant has spoken to her clients about parking on site. The applicant states that they will park their vehicles on one side of the driveway, thus leaving room on the other side for parents to pick up and drop off their children. Staff has recommended a condition that pickup and drop off for clients shall be met on the site to alleviate this concern and that pickup and drop off times be staggered. It is Staff’s opinion that the proposed use is appropriate for the subject site, and is compatible with the surrounding residential land uses. As such, Staff recommends approval of this request with the following conditions.

1. Arrival and departure times shall be staggered to avoid vehicular congestion.

2. The family day-care home shall be limited to a total of twelve (12) children, other than children living in the

home.

3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services.

4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time.

5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area

and mounted flat against the residence.

Natural and Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts

Evaluation and Recommendation

Recommended Conditions


6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official’s Office for use of the house as a family day-care home.

7. Parking related to the drop off and pickup of children shall be met on the site. 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 uses allowed by this Use Permit 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.


Proposed Site Layout


Site Photos


Disclosure Statement

applicant erica dancel and ramon mejia property owner edmund

Documents