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HomeMy Public PortalAbout2013_07_23_R089 TLSE 2013-0005 Owais Home Day Care The Town of Leesburg, Virginia PRESENTED: July 23, 2013 RESOLUTION NO. 2013-089 ADOPTED: July 23, 2013 A RESOLUTION: APPROVING TLSE-2013-0005,NOSHEEN OWAIS HOME DAYCARE, A CHILD CARE CENTER LOCATED ON PROPERTY IDENTIFIED AS PIN NUMBER 187-19-5188 AND LOCATED AT 913 BUTTONWOOD TERRACE N.E. WHEREAS, Ms. Nosheen Owais has requested special exception approval to permit a child care center use for up to twelve children in an existing home at 913 Buttonwood Terrace N.E. in the in the PRC zoning district on the property identified as Loudoun County Parcel Identification(PIN) number 187-19-5188; and WHEREAS, the property is zoned PRC, Planned Residential Community District; and WHEREAS, the Planning Commission held a duly advertised Public Hearing on July 18, 2013 and recommended conditional approval; and WHEREAS, staff recommends conditional approval subject to the conditions dated July 23, 2013; and WHEREAS,the Town Council held a duly advertised Public Hearing on July 23, 2013; 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-2013-0005,NOSHEEN OWAIS HOME DAYCARE, A CHILD CARE CENTER LOCATED ON PROPERTY IDENTIFIED AS PIN NUMBER 187-19-5188 AND LOCATED AT 913 BUTTONWOOD 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-2013-0005,Nosheen Owais Daycare, is hereby approved to permit a child care center use for up to 12 children in an existing home at 913 Buttonwood Terrace N.E. on the property identified as Loudoun County Parcel Identification(PIN) number 187-19-5188, subject to the following conditions: 1. Substantial Conformance: Development of this special exception use shall be in substantial conformance with the attached "Final House Location, Lot 843, Section 10, Potomac Crossing"property plat prepared by Huntley,Nyce, and Associates and dated October 25, 2005 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, 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 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. 9.3.4.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. Applicant shall employ no more than two (2) persons to help care for the children. 5. Driveway Limitation: 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. -3- A RESOLUTION: APPROVING TLSE-2013-0005,NOSHEEN OWAIS HOME DAYCARE, A CHILD CARE CENTER LOCATED ON PROPERTY IDENTIFIED AS PIN NUMBER 187-19-5188 AND LOCATED AT 913 BUTTONWOOD TERRACE N.E. 6. Hours of Operation: The facility shall operate only between the hours of 6:30 AM and 7:00 PM, Monday through Friday. 7. 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 913 Buttonwood Terrace in Leesburg. 8. Outdoor Recreational Area Use: No more than eight (8) children shall be permitted in the outdoor recreational area at one time. PASSED this 23rd day of July, 2013. is en C. U stattd, Mayor Town of Leesburg ATTEST: Clerk of Co Oil P:\Resolutions\2013\0723 TLSE 2013-0005 Owais Home Day Care.doc