Docket Item "E" UP-12-23 Caren’s Caring Place

CITY COUNCIL PACKAGE FOR NOVEMBER 20, 2012

Page 1 – 2 Application Summary 3 Planning Commission Minutes 4 – 14 Staff Report: October 4, 2012

15 Site Plan 16 Aerial 17 GIS Parcel Exhibit

1 APPLICATION SUMMARY

UP-12-23 Caren’s Caring Place

LOCATION: 4124 Leyte Avenue

PROPOSAL: A conditional use permit to operate a child care facility as a Level II Home Occupation.

SUBMITTED: 7-6-12 ACCEPTED: 7-12-12

STAFF RECOMMENDATION

Denial

PLANNING COMMISSION

HEARING DATE: 10-10-12

RECOMMENDATION: APPROVAL with one stipulation

VOTE: 7 - 0

ATTACHMENTS

Minutes, Staff Report, Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

UP-12-23 Caren’s Caring Place

APPLICANT/OWNER: Karen Vinitia Mason Ferebee 4124 Leyte Ave Chesapeake, VA 23324-2821 545-4004 Mrs.ferebee@yahoo.com

3 Chesapeake Planning Commission

DRAFT October 10, 2012 Public Hearing Minutes

UP-12-23 PROJECT: Caren’s Caring Place APPLICANT: Karen Vinitia Mason Ferebee PROPOSAL: A conditional use permit to operate a child care facility as a Level II Home Occupation. ZONE: R-8s, Residential District SIC CODE: 835 LOCATION: 4124 Leyte Avenue TAX MAP SECTION/PARCEL: 1601002001010 BOROUGH: South Norfolk

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-12-23 be APPROVED with the following stipulation: (7-0; Whitted/Small, Van Laethem, and Hutchinson excused)

• The applicant/owner shall comply with all requirements of state law.

Mrs. Hanson read UP-12-23 into the record for Commission review and action.

Staff Presentation: Mr. Hobbs stated that based on sound planning practices, Planning staff recommended UP-12-23 be DENIED as listed in the official agenda.

Proponent: Karen Ferebee, Applicant, 4124 Leyte Avenue, Chesapeake, Virginia, appeared before the Commission on behalf of UP-12-23 representing Caren’s Caring Place.

COMMISSION DISCUSSION: Commissioner Whitted verified that the applicant currently cared for 12 children as the State permits. He stated this applicant had performed a service to the community for 15 years and that she has had no complaints due to her business from the surrounding neighborhood. He felt she had done everything she could do to comply with the law and felt this use permit should be granted.

Commissioner Papasodora-Cochrane stated that she would be voting in favor of this application which was an exception to her normal position. She stated the applicant had been operating this child care facility for 15 years without incident and had attempted to comply with state law by coming before the city with this application.

COMMISSION VOTE: Commissioner Whitted moved that UP-12-23 be APPROVED in order to comply with the state law. Commissioner Small seconded the motion. The motion was carried by a vote of 7 - 0. Commissioners Van Laethem and Hutchinson were excused.

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Caren’s Caring Place UP-12-23 APPLICANT: Karen Vinitia Mason Ferebee PROPOSAL: A conditional use permit to operate a child care facility as a Level II Home Occupation. ZONE: R-8s, Residential District SIC CODE: 835 LOCATION: 4124 Leyte Avenue TAX MAP SECTION/PARCEL: 1601002001010 BOROUGH: South Norfolk