HomeMy Public PortalAbout2019_11_12_R170 TLSE-2019-0003 Wee Garden Daycare – Special Exception ApplicationThe Town of
Leesburg,
Virginia
PRESENTED: November 12, 2019
RESOLUTION NO. 2019-170 ADOPTED: November 12, 2019
A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2019-0003, WEE
GARDEN DAYCARE TO ALLOW A FAMILY DAY HOME OF UP TO
12 CHILDREN WITHIN THE RIVER POINTE NEIGHBORHOOD
LOCATED AT 1319 TENAYA WAY
WHEREAS, Ms. Francis Jimenez (Wee Garden Daycare) has requested special exception
approval to permit a Family Day Home use for up to twelve (12) children in an existing home at
1319 Tenaya Way NE on the property identified as Loudoun County Parcel Identification (PIN)
number 148-20-2458; and
WHEREAS, the property is zoned PRN, Planned Residential Neighborhood; and
WHEREAS, the Planning Commission held a duly advertised Public Hearing on
September 5, 2019 and recommended denial of the application on a vote of 4-2-1; and
WHEREAS, staff recommends conditional approval subject to the conditions dated
September 5, 2019; and
WHEREAS, the Town Council held a duly advertised Public Hearing on November 12,
2019; and
WHEREAS, Town Council has determined the proposed use meets the special exception
standards for a Family Day Home set forth in Zoning Ordinance Section 9.4.7; and
WHEREAS, Town Council has determined that the Approval Criteria of Zoning
Ordinance Section 3.4.12 have been satisfied; and
WHEREAS, Town Council has determined that the proposal would serve the public
necessity, convenience, general welfare and good zoning practice.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that
Special Exception application TLSE-2019-0003, Wee Garden Love Daycare, is hereby approved
to permit a Family Day Home use for up to 12 children in an existing home at 1319 Tenaya Way
N.E. on the property identified as Loudoun County Parcel Identification (PIN) number 148-20-
2458, subject to the following conditions:
-2-
A RESOLUTION: APPROVING SPECIAL EXCEPTION TLSE-2019-0003, WEE
GARDEN DAYCARE TO ALLOW A FAMILY DAY HOME OF UP TO
12 CHILDREN WITHIN THE RIVER POINTE NEIGHBORHOOD
LOCATED AT 1319 TENAYA WAY
1. Substantial Conformance: Development of this special exception use shall be in
substantial conformance with the attached "Final House Location Survey, Section 8C,
Lot 86" property plat prepared by Christopher Consultants with additional notations in
ink.
2. No Expressed or Implied Waivers: Approval of the special exception does not express
or imply any waiver or modification of the requirements set forth in the Subdivision and
Land Development Regulations (SLDR), the Zoning Ordinance, or the Design and
Construction Standards Manual (DCSM) except as specifically approved by Town
Council or as shown as approved by Town Council on the Special Exception Plat and
supporting documents.
3. Recreational Area Fencing: A fence at least four (4) feet in height shall be maintained
in good repair to completely enclose the outdoor recreation area in accordance with
TLZO Sec. 9.4.7.C.
4. Maximums: The maximum number of children that may be cared for in a 24-hour
period, excluding the children of the provider, is twelve (12). Children may range in age
from less than one year to 12 years old. Applicant shall employ no more than two (2)
persons to help care for the children.
5. Child Drop-off and Pick-up: The Applicant will assure that clients use the existing
driveway for drop-off and pick up. Drop off and pick up times shall be sufficiently
staggered so that patrons shall be able to use the driveway for this purpose.
6. Playground equipment: Any play equipment installed shall be in the general location as
indicated on the Special Exception Plat, and shall not be located within a required yard.
7. Hours of Operation: The facility shall operate only between the hours of 7:00 A.M. and
6:00 P.M., Monday through Friday.
8. Termination of Use: This Special Exception shall be exclusive to the Applicant and
shall not run with the land. The use shall terminate in the event the Applicant no longer
resides at the property at 1319 Tenaya Way NE in Leesburg.
PASSED this 12th day of November, 2019
Kelly Bupk, M
Town of Leesburg
ATTEST:
Clerk of Council
LF\LeesburgRMS\Town_Clerk\Resolutions\2019\1112 TLSE-2019-0003 Wee Garden Daycare — Special Exception Application