PLN-USE-2021-015 Learning Ladders Child Day Care
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Docket Item "F" PLN-USE-2021-015
Learning Ladders Child Day Care
CITY COUNCIL PACKAGE FOR
SEPTEMBER 21, 2021
Page Executive Summary
1–2 Application Summary
3–4 Planning Commission Draft August Minutes
5 – 18 Staff Report: July 16, 2021
15 Site Plan
18 Aerial
19 GIS Exhibit
City of Chesapeake
Department of Planning
Post Office Box 15225
Chesapeake, VA 23328
(757) 382-6176
www.cityofchesapeake.net/planning
CITY COUNCIL EXECUTIVE SUMMARY AND UPDATE
PLN-USE-2021-015
Learning Ladders Child Day Care
VICINITY MAP
Project Proposal: A conditional use permit to operate a child day care center.
Tax Map ID: 0050-000-001-170 Existing Zoning: B-1, Neighborhood
Business District
Property Address / Planning Area: Existing 2035 Land Use Plan
102 American Legion Road / Western Designation: Business / Commercial
Branch
Applicant: Executive Summary and Update Date:
Learning Ladders, Inc. August 16, 2021
Property Owner: Project Planner:
ARS Enterprises, LLC Aaron Bell, Senior Planner
The applicant seeks approval of a conditional use permit to operate a child day care center. The subject parcel is approximately 0.54 acres in size, zoned B-1, Neighborhood Business District. The proposed site is located at 102 American Legion Road, and the applicant proposes to use the existing 2,198 square foot building for the child day care center and has proposed additional landscaping and the installation of a six (6) foot vinyl privacy fence for an outdoor play area that will total 1,575 square feet. The proposed hours of operation will be from 6:30 A.M. to 5:45 P.M., Monday through Friday. The applicant anticipates having approximately ten (10) employees providing care for approximately twenty-eight (28) children ranging in age from six (6) weeks to twelve (12) years of age. The Virginia Department of Social Services will conduct inspections of the site and determine the actual number of children allowed. The applicant, Learning Ladders, Inc. was founded in 2012 and is an IRS 501(c)(3) non- profit organization that provides low to middle income families in the local community with affordable childcare services. The request was heard at the August 11, 2021, Planning Commission Public Hearing where it was recommended for approval. The applicant was present to answer questions from the Commissioners. A question was asked of staff confirming that the application was for a commercial daycare and not a home occupation, and no one spoke in opposition to the project. Staff is not aware of any updates since Planning Commission and recommends approval of this request. PREVIOUS STAFF REPORTS AND UPDATES: Version dated July 16, 2021 PLN-USE-2021-015 Learning Ladders Child Day Care Page 2 of 2
1
APPLICATION SUMMARY
PLN-USE-2021-015 Learning Ladders Child Day
Care
PLN-USE-2021-015 Learning Ladders Child Day Care APPLICANT: Learning Ladders,
Inc. OWNER: ARS Enterprises, LLC PROPOSAL: A conditional use permit to operate a
child day care center. ZONE: B-1, Neighborhood Business District LOCATION: 102
American Legion Road TAX MAP PARCEL: 0050000001170 PLANNING AREA: Western
Branch
SUBMITTED: 05-21-2021 ACCEPTED: 06-09-2021
STAFF RECOMMENDATION
Approval with stipulations:
1. The applicant shall submit a final Landscape Plan prior to the issuance of a
certificate of occupancy. This plan shall include landscaping along American
Legion Road, Poplar Hill Road, and Churchland Boulevard that meets the
requirements set forth in Section 19-600 et seq. of the Chesapeake Zoning
Ordinance, and shall be subject to the review and approval of the City’s Landscape
Coordinator. All landscaping shall be installed prior to the issuance of the final
certificate of occupancy and shall be maintained for the duration of the use.
2. In accordance with the EPA’s Proposed Lead and Copper Rule, the Chesapeake
Department of Public Utilities will be required to sample and test the water from
schools and licensed child care facilities that are served by City of Chesapeake
water. Accordingly, the applicant/owner shall execute a Right of Entry Agreement,
which shall be subject to the review and approval of the Director of Public Utilities
and the City Attorney, or its authorized representatives, to access the facility to
take samples in accordance with the EPA’s Final Lead and Copper Rule. The Right
of Entry Agreement approved by Public Utilities and the City Attorney shall be
executed and submitted to the Director of Public Utilities within 90 days of the date
of approval of this conditional use permit, or prior to the initiation of this conditional
use, whichever occurs first.
3. The applicant/owner shall post and maintain signs prohibiting the flushing of
diapers, paper towels, disposable wipes (even the “flushable” ones), hygiene
products, and other trash at each toilet prior to issuance of a certificate of
occupancy.
4. The proposed child day care facility shall be in full compliance with the
requirements of the Chesapeake City Code, Zoning Ordinance, and State law prior
to initiating this conditional use. All required state licenses shall be obtained prior
to issuance of a certificate of occupancy and shall be maintained through the
duration of this use.
2
APPLICATION SUMMARY
PLN-USE-2021-015 Learning Ladders Child Day
Care
PLANNING COMMISSION
HEARING DATE: 08-11-2021
RECOMMENDATION: APPROVAL with stipulations
VOTE: 8–0
APPLICANT: Berkina Porter
Learning Ladders Child Development Center
270 Bugeye Square, Unit 1
Prince Frederick, MD 20678
(443) 699-2770
(443) 968-9452
(443) 699-2978
info@learningladdersinc.org
OWNER: A R S Enterprises LLC
3806 Poplar Hill Rd
Alnaif Duraid
Chesapeake, VA 23321
757-739-2107
duraid.optimalrealty@gmail.com
3
Chesapeake Planning Commission
DRAFT August 11, 2021 Public Hearing Minutes
11. PLN-USE-2021-015
PROJECT: Learning Ladders Child Day Care
APPLICANT: Learning Ladders, Inc.
OWNER: ARS Enterprises, LLC
PROPOSAL: A conditional use permit to operate a child day care center.
ZONE: B-1, Neighborhood Business District
LOCATION: 102 American Legion Road
TAX MAP PARCEL: 0050000001170
PLANNING AREA: Western Branch
PLANNING COMMISSION RECOMMENDATION:
APPROVAL with the following stipulations: (8 – 0; Deneau/Gerloff,
Barlow excused)
1. The applicant shall submit a final Landscape Plan prior to the issuance of a
certificate of occupancy. This plan shall include landscaping along
American Legion Road, Poplar Hill Road, and Churchland Boulevard that
meets the requirements set forth in Section 19-600 et seq. of the
Chesapeake Zoning Ordinance, and shall be subject to the review and
approval of the City’s Landscape Coordinator. All landscaping shall be
installed prior to the issuance of the final certificate of occupancy and shall
be maintained for the duration of the use.
2. In accordance with the EPA’s Proposed Lead and Copper Rule, the
Chesapeake Department of Public Utilities will be required to sample and
test the water from schools and licensed child care facilities that are served
by City of Chesapeake water. Accordingly, the applicant/owner shall
execute a Right of Entry Agreement, which shall be subject to the review
and approval of the Director of Public Utilities and the City Attorney, or its
authorized representatives, to access the facility to take samples in
accordance with the EPA’s Final Lead and Copper Rule. The Right of Entry
Agreement approved by Public Utilities and the City Attorney shall be
executed and submitted to the Director of Public Utilities within 90 days of
the date of approval of this conditional use permit, or prior to the initiation of
this conditional use, whichever occurs first.
3. The applicant/owner shall post and maintain signs prohibiting the flushing
of diapers, paper towels, disposable wipes (even the “flushable” ones),
hygiene products, and other trash at each toilet prior to issuance of a
certificate of occupancy.
4. The proposed child day care facility shall be in full compliance with the
requirements of the Chesapeake City Code, Zoning Ordinance, and State
law prior to initiating this conditional use. All required state licenses shall be
obtained prior to issuance of a certificate of occupancy and shall be
maintained through the duration of this use.
4
Chesapeake Planning Commission
DRAFT August 11, 2021 Public Hearing Minutes
Mr. McNamara read PLN-USE-2021-015 into the record for Commission review and
action.
Staff Presentation:
Mr. McNamara stated that based on the findings listed in the staff report, planning staff
recommended that PLN-USE-2021-015 be APPROVED with the stipulations as listed in
the official agenda.
Proponent:
Dr. Berkina Porter, 102 American Legion Road, Chesapeake, Virginia, applicant and will
standby for questions.
COMMISSION VOTE:
Vice Chair Deneau moved that PLN-USE-2021-015 be APPROVED with the stipulations
as listed in the official agenda and as recommended by staff. Commissioner Gerloff
seconded the motion. The motion was carried by a vote of 8 – 0. Commissioner Barlow
excused.
5
City of Chesapeake
Department of Planning
Post Office Box 15225
Chesapeake, VA 23328
(757) 382-6176
www.cityofchesapeake.net/planning
PLN-USE-2021-015
Learning Ladders Child Day Care
VICINITY MAP
Project Proposal: A conditional use permit to operate a child day care center.
Tax Map ID: 0050-000-001-170 Existing Zoning: B-1, Neighborhood
Business District
Property Address / Planning Area: Existing 2035 Land Use Plan
102 American Legion Road / Western Designation: Business / Commercial
Branch
Applicant: Public Hearing Date: August 11, 2021
Learning Ladders, Inc. Staff Report Date: July 16, 2021
Property Owner: Project Planner:
ARS Enterprises, LLC Aaron Bell, Senior Planner
STAFF RECOMMENDATION
☐ APPROVED ☒ APPROVED WITH STIPULATIONS ☐ CONTINUED ☐ DENIED
6
FINDINGS:
1. The proposed conditional use is consistent with the 2035 Chesapeake
Comprehensive Plan Land Use Section in terms of size, access, environmental
conditions, and adequacy of community facilities, and as stipulated, is compatible
with adjacent and surrounding properties.
2. The proposed use is located within an area recommended for
Business/Commercial land use on the 2035 Chesapeake Comprehensive Plan
Land Use Map and the proposed use is consistent with that designation.
3. The proposed conditional use, as stipulated, is consistent with the action strategies
of the 2035 Chesapeake Comprehensive Plan, to expand the diversity of its
economic base and support the growth of the small business community.
STAFF RECOMMENDATION:
Based on the findings contained in this staff report, staff recommends that PLN-USE-
2021-015 be APPROVED with the following stipulations:
1. The applicant shall submit a final Landscape Plan prior to the issuance of a
certificate of occupancy. This plan shall include landscaping along American
Legion Road, Poplar Hill Road, and Churchland Boulevard that meets the
requirements set forth in Section 19-600 et seq. of the Chesapeake Zoning
Ordinance, and shall be subject to the review and approval of the City’s Landscape
Coordinator. All landscaping shall be installed prior to the issuance of the final
certificate of occupancy and shall be maintained for the duration of the use.
2. In accordance with the EPA’s Proposed Lead and Copper Rule, the Chesapeake
Department of Public Utilities will be required to sample and test the water from
schools and licensed child care facilities that are served by City of Chesapeake
water. Accordingly, the applicant/owner shall execute a Right of Entry Agreement,
which shall be subject to the review and approval of the Director of Public Utilities
and the City Attorney, or its authorized representatives, to access the facility to
take samples in accordance with the EPA’s Final Lead and Copper Rule. The Right
of Entry Agreement approved by Public Utilities and the City Attorney shall be
executed and submitted to the Director of Public Utilities within 90 days of the date
of approval of this conditional use permit, or prior to the initiation of this conditional
use, whichever occurs first.
3. The applicant/owner shall post and maintain signs prohibiting the flushing of
diapers, paper towels, disposable wipes (even the “flushable” ones), hygiene
products, and other trash at each toilet prior to issuance of a certificate of
occupancy.
4. The proposed child day care facility shall be in full compliance with the
requirements of the Chesapeake City Code, Zoning Ordinance, and State law prior
PLN-USE-2021-015 Learning Ladders Child Day Care Page 2 of 77
to initiating this conditional use. All required state licenses shall be obtained prior
to issuance of a certificate of occupancy and shall be maintained through the
duration of this use.
PLN-USE-2021-015 Learning Ladders Child Day Care Page 3 of 78
EXISTING ZONING MAP
2035 LAND USE MAP
PLN-USE-2021-015 Learning Ladders Child Day Care Page 4 of 79
PROJECT DESCRIPTION:
The applicant seeks approval of a conditional use permit to operate a child day care
center. The subject parcel is approximately 0.54 acres in size, zoned B-1, Neighborhood
Business District, and is located within the Suburban Overlay District.
The proposed site is located at 102 American Legion Road in the Western Branch
planning area. The applicant proposes to use the existing 2,198 square foot building for
the child day care center and has proposed additional landscaping and the installation of
a six (6) foot vinyl privacy fence for an outdoor play area that will total 1,575 square feet.
The proposed hours of operation will be from 6:30 A.M. to 5:45 P.M., Monday through
Friday. The applicant anticipates having approximately ten (10) employees providing care
for approximately twenty-eight (28) children ranging in age from six (6) weeks to twelve
(12) years of age. The Virginia Department of Social Services will conduct inspections of
the site and determine the actual number of children allowed.
Learning Ladders, Inc. is an IRS 501(c)(3) non-profit organization that provides low to
middle income families in the local community with affordable child care development
services. Learning Ladders, Inc. was founded in 2012 as an in-home day care and has
operated a licensed child day care center in Prince Frederick, Maryland since 2017.
COMMENTS:
AGENCIES NOTIFIED RESPONSE REC’D DATE AGENCIES NOTIFIED RESPONSE REC’D DATE
D & P / Code Enforce June 21, 2021 Public Utilities June 22, 2021
D & P / Dev Engineering July 7, 2021 Fire Prevention June 9, 2021
D & P / Zoning June 9, 2021 Police No Comments
D & P / Landscape June 22, 2021 City of Portsmouth No Comments
STAFF ANALYSIS:
The Land Use Plan, an element of the Chesapeake 2035 Comprehensive Plan,
designates the subject property for Business/Commercial uses, and the proposed child
day care use is consistent with that designation. The Economy Section of the
Comprehensive Plan includes action strategies to expand the diversity of its economic
base and support the growth of the small business community. Learning Ladders, Inc. is
an IRS 501(c)(3) non-profit small business that provides a valuable service to the
community in providing affordable childcare for those who may otherwise not be able to
afford it. For these reasons, the proposed use is consistent with the goals of the
Chesapeake 2035 Comprehensive Plan.
The subject property is located at the terminus of American Legion Road, at the corner of
Poplar Hill Road and Churchland Boulevard, and is zoned B-1, Neighborhood Business
District. There is a church to the east (zoned B-4), a dental office to the west (zoned B-
1), a medical and professional office complex to the south (zoned B-4), and commercial
PLN-USE-2021-015 Learning Ladders Child Day Care Page 5 of 710
uses to the north along Churchland Boulevard (zoned B-1). The applicant has proposed
to operate out of the existing 2,198 square foot two-story building. As depicted on the
preliminary site plan dated July 8, 2021, the proposal includes an outdoor play area
totaling 1,575 square feet that will be enclosed by a six (6) foot tall vinyl privacy fence.
The Virginia Department of Social Services requires seventy-five (75) square feet of
space per child in outdoor play areas. Therefore, a maximum of twenty-one (21) children
will be allowed in the proposed outdoor play area at any one time. Pursuant to Section
17-114 of the Chesapeake Zoning Ordinance, the fence and other site improvements
noted on the preliminary site plan will be required to be installed in order to be in full
compliance with the conditions of this conditional use permit.
Per Section 19-600 et seq. of the Chesapeake Zoning Ordinance, the applicant will be
required to install a ten (10) foot street frontage landscape buffer (Buffer Yard F) along
American Legion Road, Poplar Hill Road, and Churchland Boulevard. As stipulated, the
applicant will submit a Landscape Plan to be approved by the Landscape Coordinator
before commencement of the proposed use. It is not anticipated that this proposal will
create any more glare or noise than other uses in the B-1 district, and the current parking
meets the Chesapeake Zoning Ordinance requirements for the use.
The Department of Public Utilities reviewed the proposal and stated that the subject site
is served by City sewer services, but water will be supplied by the City of Portsmouth.
Public Utilities has asked that the applicant post signs at all toilets prohibiting the flushing
of diapers and other trash and execute a Right-of-Entry Agreement for Public Utilities to
test water quality for lead and copper as per current Federal guidelines. Staff
recommended stipulations to address these requests, and the applicant has agreed to
them.
One of the objectives of the Comprehensive Plan states that uses should be located on
appropriate sites in terms of size, access, environmental conditions, and community
facilities. The proposed site has adequate size and access, no adverse environmental
conditions are present, and there are adequate City services.
Staff’s review finds that, as stipulated, the proposed use is compatible with the
surrounding community and will have no more adverse effects on the health, safety, or
comfort of persons living or working in the area than would any other use generally
permitted in the B-1, Neighborhood Business District.
Based on the findings and stipulations included in this staff report, staff finds the proposal
to be consistent with the goals and policies of the Comprehensive Plan, compatible with
the surrounding community, and will be adequately served by essential public facilities.
As such, staff recommends approval of this conditional use permit as stipulated.
ATTACHMENTS:
1. Departmental Review Comments
2. Preliminary Site Plan, dated July 8, 2021
PLN-USE-2021-015 Learning Ladders Child Day Care Page 6 of 711 3. Floor Plan, dated July 8, 2021 4. 2020 Aerial Map PLN-USE-2021-015 Learning Ladders Child Day Care Page 7 of 7
12 PLN-USE-2021-015, Learning Ladders
June 21, 2021
Page 3
DEPARTMENTAL REVIEW COMMENTS
PLN-USE-2021-015 – Learning Ladders Child Day Care
DEVELOPMENT & PERMITS:
BUILDING: PROVIDED ON June 21, 2021
Advisory:
1. Building permit required for Certificate of Occupancy.
2. Drawings for the building permit must be sealed by a Virginia licensed Architect.
3. Site must be fully handicap accessible.
4. Building modifications for accessibility may be required.
5. Any rooms for children 2 1/2 years or younger must be on the level of exit discharge
and have a doorway directly to the outside or the building must be provided with a
sprinkler system.
Contact:
Lee Ostheller
lostheller@cityofchesapeake.net
(757) 382-6913
ENGINEERING: PROVIDED ON July 7, 2021
Advisory:
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require
revision during detailed site plan review to meet all applicable City Codes and Standards.
Final construction plans shall meet all applicable requirements prior to City approval.
Contact:
Melvin Antonio
mantonio@cityofchesapeake.net
(757) 382-6114
LANDSCAPING: PROVIDED ON June 22, 2021
Required:
As per Sec 14-201 of the Chesapeake Zoning Ordinance, provide the required buffer yard
landscaping between the fence and the public right-of-way within the secondary front
yard.
Contact:
Michael Perry
meperry@cityofchesapeake.net
(757) 382-6531PLN-USE-2021-015, Learning Ladders 13
June 21, 2021
Page 4
ZONING: PROVIDED ON June 9, 2021
Advisory:
A final site plan may be required to support the change of use if additional public
improvements are required because of the nature of the change in the use.
The following structures shall be presumed to be permitted accessory structures, the
placement of which are subject to the setback, lot coverage, height and other related
requirements set out elsewhere in this ordinance and include children's playhouses
and recreational equipment
Unless otherwise provided for in the zoning ordinance, accessory structures shall meet
the same setback requirements as those for the principal structure; provided, however,
that once the principal structure is placed on a lot, all accessory structures must be
placed in accordance with the established front yard, based upon the front building line
of the principal structure, even when the principal structure is placed behind the
required front yard.
A conditional use permit shall automatically expire and become void three years from
the date of approval by city council, unless within such three-year period: (1) a building
permit is obtained and erection or alteration of a structure is started; or (2) an
occupancy permit is obtained and a use commenced.
Contact:
Dale Ware
dware@cityofchesapeake.net
(757) 382-6385
PUBLIC UTILITIES: PROVIDED ON JUNE 22, 2021
Advisory
City sewer is available and required. Sewer is located in the right-of-way adjacent to the
subject property. There is an 8" sewer main on American Legion Road and a 12" sewer
main on Churchland Blvd.
City water is not available but is required. According to DPU records, this site was
previously served by the City of Portsmouth for water service.
Existing services to be used must meet current codes, standards and specifications.
Existing sewer and water services not in use for this property must be properly abandoned
at the mains.
Final determination as to whether adequate water or sewer service is available can only
be made at the time the water or sewer connection fees are paid and accepted by the
City and the building permits are requested.
If the size of the existing water meter changes then additional City water, City sewer and
HRSD connection fees will be assessed.14 PLN-USE-2021-015, Learning Ladders
June 21, 2021
Page 5
Post signs at each toilet prohibiting flushing of diapers, paper towels, wipes etc. per the
attached example.
Contact:
Ed West
edwest@cityofchesapeake.net
(757) 382-6671
FIRE: PROVIDED ON JUNE 9, 2021
Advisory:
1. It is noted that there is good emergency access via the cul-de-sac and drive aisle,
however, a fire lane marked in accordance with the PFM, Appendix 19 will be required
along the outside perimeter of the drive aisle extending around to the rear toward the
existing dumpster.
2. A Fire Code Operational permit will be required for educational occupancies whereby
the Fire Dept. will conduct a fire and life safety inspection of the facility for compliance
with the Fire Code at the time of C/O and issue the permit at such time.
3. As an observation, it is noted that there are two existing public fire hydrants that meet
the fire-flow demand and distance requirements of the Fire Code. Note the Building
Code Official comments are inclusive of additional interior and structural requirements
for fire protection and life safety.
Contact:
Harold Creason
hcreason@cityofchesapeake.net
(757) 382-6566LEARNING LADDERS CHILD DEV. CTR.
Conditional Use Permit: Child Day Care
PLN-USE-2021-015
102 AMERICAN LEGION ROAD
Buffer Type F CHESAPEAKE, VA 23321
SITE DATA
SITE ZONING: B1,
Neighborhood Business
EXISTING BUILDING SIZE: 2,198 SQ FT
(Remains)
PROPOSED PLAYGROUND: 1,575 SQ. FT
(Fenced-in 6 ft Privacy)
REQUIRED ZONING AND USE PARKING
USE:
Child Care SIC: 835
Project to keep as many
existing trees as possible
Proposed # of Children: 28
PARKING:
Parking Spaces Required: 4
Existing Parking Spaces: 12
PRELIMINARY SITE PLAN
Buffer Type F
3FDFJWFE+VMZ
1516
Learning Ladders Child Dev. Ctr
PLN-USE-2021-015
Floor Plan
Level 1
3FDFJWFE+VMZ Learning Ladders Chil
PLN-USE-2021-015
Floor Plan
Level 2
1718
19
Learning Ladders Child Day Care
APPLICANT: Learning Ladders, Inc. OWNER: ARS Enterprises, LLC PROPOSAL: A
conditional use permit to operate a child day care center. ZONE: B-1, Neighborhood
Business District LOCATION: 102 American Legion Road TAX MAP PARCEL:
0050000001170 PLANNING AREA: Western Branch
PLANNER PLANNING COMMISSION MEETING
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