Docket Item "E" PLN-USE-2016-013

Miniature Me Academy

CITY COUNCIL PACKAGE FOR

JUNE 21, 2016

Page 1 – 2 Application Summary 3 – 4 Planning Commission Draft Minutes 5 – 14 Staff Report(s): April 26, 2016

15 Site Plan 16 Aerial 17 GIS Parcel Exhibit

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APPLICATION SUMMARY

PLN-USE-2016-013 Miniature Me Academy

LOCATION: 711 Cardover Avenue

PROPOSAL: A conditional use permit to operate a child daycare as a Level II Home Occupation.

SUBMITTED: 3-3-16 ACCEPTED: 3-10-16

STAFF RECOMMENDATION

Approval with stipulations

PLANNING COMMISSION

HEARING DATE(S): 5-11-16

RECOMMENDATION: APPROVAL with stipulations

VOTE: 7 - 1

ATTACHMENTS

Draft Minutes, Staff Report(s), Site Plan, Aerial, GIS Parcel Exhibit

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APPLICATION SUMMARY

PLN-USE-2016-013 Miniature Me Academy

APPLICANT: Miniature Me Academy Attn: Monique Bastien

711 Cardover Avenue Chesapeake, VA 23325 366-0896 miniaturemeacademy@gmail.com

OWNER: MTI Properties LLC 921 Joshua Drive Virginia Beach, VA 23462 No phone number No email

3 Chesapeake Planning Commission DRAFT May 11, 2016 Public Hearing Minutes

PLN-USE-2016-013

PROJECT: Miniature Me Academy APPLICANT: Monique Bastien PROPOSAL: A conditional use permit to operate a child daycare as a Level II Home Occupation. ZONE: R-6, Residential ZONING MAP LOCATION: 711 Cardover Avenue TAX MAP SECTION/PARCEL: 0205002001960 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that PLN-USE-2016-013 be APPROVED with the following stipulations: (7-1, Ellis/Perry, McCormick opposed, Hutchinson excused)

1. The applicant/owner shall provide day care for no more than five (5) children, aged twelve (12) years or younger, exclusive of the applicant/owner’s own children and any children who reside in the home, until proper licenses have been received from the Department of Social Services. Once the proper licenses have been granted by the Department of Social Services, the applicant/owner shall provide day care for no more than twelve (12) children at any one time, exclusive of the applicant/owner’s own children and any children who reside in the home.

2. The daycare shall operate in accordance with the requirements of Chesapeake City Code, Zoning Ordinance and State Law.

3. The applicant/owner shall vacate all interior lot lines so that the property subject to this use permit shall be one tax map parcel prior to the issuance of a Certificate of Occupancy. The vacation of the interior lot lines shall be accomplished by recordation of a deed describing the lot lines to be eliminated and referencing the recorded plat or other recorded instrument which lawfully created the lot lines.

4. This conditional use permit is limited to the applicant only.

5. The hours of operation for the daycare shall be limited to 6 a.m. to 6 p.m., Monday through Friday.

6. There shall only be one outside employee on the premises at a time.

4 Chesapeake Planning Commission

DRAFT May 11, 2016 Public Hearing Minutes

Mrs. Shaffer read PLN-USE-2016-013 into the record for Commission review and action.

Staff Presentation:

Mrs. Story stated that based on the findings in the staff report, Planning staff recommended that PLN-USE-2016-013, be APPROVED with the stipulations as listed in the official agenda.

Proponent:

Ms. Monique Bastien, 711 Cardover Ave., Chesapeake, Virginia 23325, appeared before the Commission representing Miniature Me Academy.

Commission Discussion:

Commissioner McCormick moved the application to the regular agenda and stated that the application does not meet the Zoning Ordinance. He stated the ordinance needs to be addressed.

Ms. Bastien asked for clarification of requirement to vacate property lines.

Ms. Story explained the requirement and stated it should be addressed by the owner.

Commissioner Van Laethem asked if a daycare was currently being operated and if Ms. Bastien was aware of the appropriate state license requirement.

Ms. Bastien answered yes.

COMMISSION VOTE:

Commissioner Ellis moved that PLN-USE-2016-013, be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Perry seconded the motion. Commissioner McCormick opposed. The motion was carried by a vote of 7 - 1. Commissioner Hutchinson was excused.

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PLN-USE-2016-013 Miniature Me Academy

APPLICANT: Monique Bastien PROPOSAL: A conditional use permit to operate a child daycare as a Level II Home Occupation. ZONE: R-6, Residential LOCATION: 711 Cardover Avenue TAX MAP SECTION/PARCEL: 0205002001960 BOROUGH: Washington