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HomeMy Public PortalAbout2012_12_11_R129 TLSE 2012-0008 Ladybug Day CareThe Town of Virginia RESOLUTION NO. 2012 -129 PRESENTED: December 11, 2012 ADOPTED: December 11, 2012 A RESOLUTION: APPROVING TLSE- 2012 -0008, LADYBUG CHILD CARE, A CHILD CARE CENTER LOCATED ON PROPERTY IDENTIFIED AS PIN NUMBER 187 -10 -9087 AND LOCATED AT 812 LINFIELD TERRACE N.E. WHEREAS, Ms. Viktoriya Zubkova has requested special exception approval to permit a child care center use for up to twelve children in an existing home at 812 Linfield Terrace N.E. in the in the PRC zoning district on the property identified as Loudoun County Parcel Identification (PIN) number 187 -10 -9087; and WHEREAS, the property is zoned PRC, Planned Residential Community District; and WHEREAS, the Planning Commission held a duly advertised Public Hearing on November 15, 2012 and recommended conditional approval; and WHEREAS, staff recommends conditional approval subject to the conditions dated December 11, 2012; and WHEREAS, the Town Council held a duly advertised Public Hearing on December 11, 2012; and WHEREAS, Town Council has determined the proposed use meets the special exception standards for a child care center set forth in the Zoning Ordinance; and WHEREAS, Town Council has determined that the Approval Criteria of Zoning Ordinance Section 3.4.12 have been satisfied; and -2- A RESOLUTION: APPROVING TLSE- 2012 -0008, LADYBUG CHILD CARE, A CHILD CARE CENTER LOCATED ON PROPERTY IDENTIFIED AS PIN NUMBER 187 -10 -9087 AND LOCATED AT 812 LINFIELD TERRACE N.E. 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- 2012 -0008, Ladybug Child Care, is hereby approved to permit a child care center use for up to 12 children in an existing home at 812 Linfield Terrace N.E. on the property identified as Loudoun County Parcel Identification (PIN) number 187 -10- 9087, subject to the following conditions: 1. Substantial Conformance: Development of this special exception use shall be in substantial conformance with the attached property plat including the fenced play area as shown. 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, 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: The existing 6 -foot high solid wood fence in the rear yard shall be maintained in good repair to completely enclose the outdoor recreation area in accordance with TLZO Sec. 9.3.4.B. 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. No more than seven (7) children shall be permitted in the recreational area at one time. The applicant shall employ no more than two (2) additional persons to help care for the 12 children. 5. Play Equipment Limitation: No play equipment shall be located within the required yard setbacks in accordance with TLZO Sec. 9.3.4.C. 6. Driveway Limitation: Children shall be dropped off in the parking area directly fronting the sidewalk near the front entrance to the home. -3- A RESOLUTION: APPROVING TLSE- 2012 -0008, LADYBUG CHILD CARE, A CHILD CARE CENTER LOCATED ON PROPERTY IDENTIFIED AS PIN NUMBER 187 -10 -9087 AND LOCATED AT 812 LINFIELD TERRACE N.E. 7. Hours of Operation: The facility shall operate only between the hours of 6:30 AM and 6:30 PM, 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 812 Linfield Terrace NE. PASSED this 11th day of December, 2012. Krisfe C. Umstattd, Mayor Town of Leesburg AT ST: � J Clerk of Co c' PAResolutions\2012 \1211 TLSE 2012 -0008- Ladybug Child Care.doc