Docket Item "H" UP-15-22

The Learning Branch Tree House Child Daycare

CITY COUNCIL PACKAGE FOR JUNE 16, 2015

Page 1 – 2 Application Summary

3 – 5 Planning Commission Draft Minutes 6 – 13 Staff Report: April 29, 2015

14 Site Plan 15 Aerial 16 GIS Parcel Exhibit

1 APPLICATION SUMMARY

UP-15-22 The Learning Branch Tree House Child Daycare

LOCATION: 4704 Tanager Crossing

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

SUBMITTED: 3-6-15 ACCEPTED: 3-12-15

STAFF RECOMMENDATION Approval with stipulations

PLANNING COMMISSION

HEARING DATE: 5-13-15

RECOMMENDATION: APPROVAL with stipulations

VOTE: 7 - 1

ATTACHMENTS

Draft Minutes, Staff Report, Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

UP-15-22 The Learning Branch Tree House Child Daycare

APPLICANT: The Learning Branch Tree House Attn: Amelia and Bryon Spahn 4704 Tanger Crossing Chesapeake, VA 23321 623-628-8895 miaspahn@yahoo.com Members: Amelia (Mia) Spahn Bryon Spahn

OWNERS: Bryon and Mia Spahn 4704 Tanger Crossing Chesapeake, VA 23321 623-628-8895 miaspahn@yahoo.com

3 Chesapeake Planning Commission

DRAFT May 13, 2015 Public Hearing Minutes

UP-15-22 PROJECT: The Learning Branch Tree House Child Daycare APPLICANT: The Learning Branch Tree House PROPOSAL: A conditional use permit to operate a child daycare as a Level II Home Occupation. ZONE: R-15s, Residential District LOCATION: 4704 Tanager Crossing TAX MAP SECTION/PARCEL: 0153001001010 BOROUGH: Western Branch

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-15-22 be APPROVED with the following stipulations: (7-1; Perry/Small, Williams opposed, Van Laethem excused)

1. The applicant/owner shall provide day care to no more than twelve (12) children at any one time, exclusive of the provider’s own children and any children who reside in the home.

2. No more than one employee who lives outside of the premises shall be allowed.

3. The hours of operation shall be limited to 6:00 a.m. - 6:00 p.m., from Monday to Friday.

4. The applicant/owner shall comply with all requirements of the Chesapeake City Code, Chesapeake Zoning Ordinance and the Virginia Code, 1950 as amended.

Mrs. Hanson read UP-15-22 into the record for Commission review and action.

Staff Presentation:

Mrs. Story stated that based on sound planning practices, Planning staff recommended that UP-15-22 be APPROVED with the stipulations as listed in the official agenda.

Proponent:

Travis Hileman, 4001 Trilogy Loop, Suffolk, Virginia, appeared before the Commission on behalf of UP-15-22 representing the applicant.

Meghan Robertson, 3012 Tyre Neck Road, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-22 representing the applicant.

4 Chesapeake Planning Commission DRAFT May 13, 2015 Public Hearing Minutes Stuart Bonnell, 4905 Tern Court, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-22 representing the applicant.

Rosemary Moyers, 4537 Ashland Drive, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-22 representing the applicant.

Desiree Pabalan, 4705 Condor Drive, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-22 representing the applicant.

Stephanie Lance, 3012 Taylor Road, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-22 representing the applicant.

Aimee Lovell, 4708 Tanager Crossing, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-22 representing the applicant.

Amelia Spahn, Applicant, 4704 Tanager Crossing, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-22.

Opponent:

John R. Vallaster, 4805 Barn Swallow Drive, Chesapeake, Virginia, appeared before the Commission in opposition to UP-15-22 representing himself.

The citizen in opposition stated that this application was not compatible with the surrounding neighborhood and said it would generate additional traffic. He also said this neighborhood had a deed restriction that stipulated the use of the properties would be for single family residences with no commercial activity. He felt this deed was still in place.

COMMISSION DISCUSSION:

Commissioner Williams was concerned about the safety of the children and felt a 4 foot high picket fence was not sufficient. He asked the applicant how much of a burden would it be for her to install a higher fence in order to keep the children safe. The applicant stated that without research she did not know but explained that per state regulations, a fence was not required and felt she lived in a safe neighborhood.

Commissioner Morris wanted to make sure the applicant understood that she would not be allowed to have more than twelve children.

Commissioner Johnson asked the applicant if Jolliff Woods had a community Home Owners Association. The applicant replied that it did not.

COMMISSION VOTE:

Commissioner Williams moved that UP-15-22 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff and added an additional stipulation #5 to read as follows: “The rear yard shall be enclosed with a gated six-foot privacy fence. The fence shall be installed prior to issuance of a certificate of occupancy.” Commissioner Ellis seconded the motion.

5 Chesapeake Planning Commission

DRAFT May 13, 2015 Public Hearing Minutes Commissioner Perry made a substitute motion and moved that UP-15-22 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff and without the added stipulation. Commissioner Small seconded the motion. The motion was carried by a vote of 7 - 1. Commissioners Williams voted against the motion and Commissioner Van Laethem was excused.

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The Learning Branch Tree House Child Daycare UP-15-22 APPLICANT: The Learning Branch Tree House PROPOSAL: A conditional use permit to operate a child daycare as a Level II Home Occupation. ZONE: R-15s, Residential District LOCATION: 4704 Tanager Crossing TAX MAP SECTION/PARCEL: 0153001001010 BOROUGH: Western Branch