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CL- 2092 New Business   Item #:   E.    
City Council Regular Meeting
Meeting Date: 04/02/2019  
Subject:    Request for a Special Permit for a Daycare Center at 110 Exchange Street.
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     04/02/2019
SUMMARY
A request has been filed by Cecil E. Bridgeforth requesting a Special Use Permit for a daycare center in accordance with Article 3:M, Section C, Item 6 of the Code of the City of Danville, Virginia 1986, as amended at 110 Exchange St., otherwise known as Grid 1713, Block 005, Parcel 000005, of the City of Danville, Virginia Zoning District Map. The applicant is proposing to operate a daycare center for children.
BACKGROUND
The applicant, Cecil E. Bridgeforth, representing Kingdom Worship Center, is requesting a Special Use Permit to operate a daycare center for children at 110 Exchange St, Suite C. This property is located in the HR-C, Highway Retail Commercial District.
 
Currently, the property is used for office space for a few other establishments permitted by right in the HR-C district. Suite C is used by Kingdom Worship Center as a church. The applicant wishes to also provide daily childcare services. Suite C already meets the building code requirements for a daycare establishment providing services to no more than twenty (20) children, with no more than five (5) under the age of two and a half (2.5) years.
 
A Special Use Permit is required to operate any daycare in this zoning district. Article 15, Section B of the Zoning Ordinance defines daycare centers for children as follows:
 
“Child care center. A regularly operating service arrangement for five (5) or more children under the age of thirteen (13) where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection and well-being of a child for less than a twenty-four (24) hour period, in a facility that is not the residence of the provider or of any of the children in care.”
 
Staff has two concerns related to the location of this property. First, the property is within two hundred fifty (250) feet of a heavily trafficked road with a forty miles-per-hour (40 mph) speed limit. However, the immediate streets are not heavily trafficked, and have a lower speed limit.  Second, there is no on-site outdoor space. However, conversations with the Virginia Department of Social Services indicate that outdoor spaces for child day cares may be off-site (such as parks).  The applicant plans to take the children on field trips, rather than rely solely on on-site activity space.

At their meeting of March 11, 2019, the Planning Commission voted 7-0 to recommend approval of the request, subject to the following conditions:

Without an additional Special Use Permit, the daycare center shall only operate within one (1) suite of the property, which shall be no larger than 3,014 sq. ft.
  1. Two (2) safety signs shall be posted at the entrance stating that any children must be accompanied by an adult while outside the structure. One (1) of the signs must be placed outdoors, with the other being indoors.
  2. The above required outdoor sign shall only contribute to the total permitted sign area if said signage contains advertising content, or exceeds four (4) square feet.
RECOMMENDATION
It is recommended that City Council grant a Special Use Permit for a daycare center in accordance with Article 3:M, Section C, Item 6 of the Code of the City of Danville, Virginia 1986, as amended at 110 Exchange St., otherwise known as Grid 1713, Block 005, Parcel 000005, of the City of Danville, Virginia Zoning District Map subject to the following conditions:

Without an additional Special Use Permit, the daycare center shall only operate within one (1) suite of the property, which shall be no larger than 3,014 sq. ft.
  1. Two (2) safety signs shall be posted at the entrance stating that any children must be accompanied by an adult while outside the structure. One (1) of the signs must be placed outdoors, with the other being indoors.
  2. The above required outdoor sign shall only contribute to the total permitted sign area if said signage contains advertising content, or exceeds four (4) square feet. 

Attachments
Ordinance
Planniing Backup

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