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CL- 2103 New Business   Item #:   A.    
City Council Regular Meeting
Meeting Date: 05/07/2019  
Subject:    Request for a Special Use Permit to Operate a Day Care at 801 Kemper Road
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     05/07/2019
SUMMARY
A request has been filed by Robert L. Hogue, Jr., requesting a Special Use Permit for a daycare center in accordance Article 3:E, Section C, Item 7 of the Code of the City of Danville, Virginia 1986, as amended at 801 Kemper Road, otherwise known as Grid 1610, Block 020, Parcels 000027, 000028 and 000029 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to have a daycare center for children.
BACKGROUND
Currently, a church operates on the property. The daycare is proposed to operate in an accessory building on the rear side of 801 Kemper Road. (Parcel ID#26320). The accessory building overlaps onto two additional properties also owned by the church (Parcel ID#s 25916 and 22732). The accessory building is considered legal nonconforming due to its location on multiple properties, thereby ignoring required yard setbacks.
 
Some building concerns must be addressed prior to the building’s use as a daycare facility. These concerns include replacing internal lights, installing turnouts to downspouts, fixing an emergency light, and installing a manual pull fire alarm. Once these issues are addressed, the Inspections Division can issue a Certificate of Occupancy allowing up to forty-two (42) people.
 
Additional concerns include providing on-site parking with at least one (1) space per four (4) children plus one (1) space per employee. Staff estimates that twelve (12) parking spaces are required. Parking currently exists on the property, but needs to be more clearly marked. At least one of the required spaces will need to be a handicap space.  Furthermore, the existing concrete path will need to be extended to the parking lot to allow handicap access to the building.

At their meeting of April 8th, the Planning Commission voted 5-0 (Commissioner's Dodson and Bolton absent) to recommend approval of the request subject to the following conditions:
  1. The children’s daycare shall not use the primary 3,489 sq. ft. building, without additional approval by City Council for expansion.
  2. Existing parking will be clearly marked indicating the presence of at least twelve (12) parking spaces, one (1) of which must be a handicap space;
  3. An inclined access ramp shall provide access between the parking and the building; and
  4. Hours of operation shall be limited to occur between 6:00 am and 10:00 pm each day of the week.
RECOMMENDATION
It is recommended that City Council adopt an Ordinance granting a Special Use Permit for a daycare center in accordance Article 3:E, Section C, Item 7 of the Code of the City of Danville, Virginia 1986, as amended at 801 Kemper Rd, otherwise known as Grid 1610, Block 020, Parcels 000027, 000028 and 000029 of the City of Danville, Virginia Zoning District Map subject to the following conditions:
 
  1. The children’s daycare shall not use the primary 3,489 sq. ft. building, without additional approval by City Council for expansion.
  2. Existing parking will be clearly marked indicating the presence of at least twelve (12) parking spaces, one (1) of which must be a handicap space;
  3. An inclined access ramp shall provide access between the parking and the building; and
  4. Hours of operation shall be limited to occur between 6:00 am and 10:00 pm each day of the week.

Attachments
Ordinance
Planning Backup

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