01SN0172-Feb28p.pdfREQUEST:
February 28, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0172
Cheryl Bethune-Stith
Bermuda Magisterial District
16707 Amherst Ridge Court
Conditional Use to permit a family day care home in a Residential (R-9) District.
PROPOSED LAND USE:
A fanfily day care home to allow the keeping of more than five (5) children within
an existing single family residence is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The family day care home, with the proffered conditions, should be compatible
with surrounding residential development. Family day care homes have been
approved in other sim/lar neighborhoods throughout the County and have operated
without any apparent adverse impact on area residences.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
Through the Conditional Use process and the proffered conditions, the residential
integrity of the area can be further ensured.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY'A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
(STAFF/CPC) 2.
(STAFF/CPC) 3.
This Conditional Use shall be granted to and for Cheryl Bethune-
Stith, exclusively, and shall not be transferable nor run with the
land. (P)
There shall be not external additions or alterations to the existing
structure to accommodate this use. (P)
There shall be no signs permitted to identify this use. (P)
GENERAL INFORMATION
East line of Amherst Ridge Court south of Amherst Ridge Way and is better known as
16707 Amherst Ridge Court. Tax ID 799-632-1606 (Sheet 41).
Existing Zoning:
Size:
R-9
0.2 acre
Single family residence
Adjacem Zoning and Land Use:
North, South, East and West - R-9; Single family residential
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UTILITIES
Public Water System:
There is an existing slx (6) inch water line extending along Amherst Ridge Court, adjacent
to the site. Use of the public water system is required by County Code.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along Amherst Court,
adjacent to the request site. Use of the public wastewater system is required by County
Code.
ENVIRONMENTAL
Drainage and Erosion:
This section of Amherst subdivision is extremely flat and drainage swales were required
along the rear and sides of individual property lines to provide adequate drainage.
Currently the swales are adequately addressing the drainage. Tiffs particular lot has swales
to the rear and left side.
The applicant has indicated an intent to erect a fence in the rear of the property for an
outdoor play area. A drainage easement is located in the rear of the property. The fence
must be located and designed so as to not interfere with the lot's drainage system. If the
applicant wishes to place the fence within the drainage easement, it will be necessary to
obtain a license agreement from the Board of Supervisors through the Right of Way
Section of the Utilities Department. The license agreement must be approved prior to
fencing within the easement.
PUBLIC FACILITIES
Fire and Transportation:
The proposed use will have nfinimal impact on these facilities.
LAND USE
Comprehensive Plan:
The request site lies within the boundaries of the Southern Jefferson Davis Corridor Plan
which suggests the property is appropriate for community commercial/mixed use corridor.
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Suggested uses could include community-scale commercial uses, including shopping
centers, service centers, service and office uses that serves community-wide trade areas.
Area Development Trends:
The request property is located within Amherst Subdivision. Adjacent properties to the
north, south, east and west are zoned Residential (R-9) and are occupied by single family
residences. The Plan anticipates residential uses of various types and densities to develop
within the area west of the Jefferson Davis Highway Commercial Corridor.
Zoning History:
On November 25, 1987, the Board of Supervisors, upon a favorable recommendation from
the Planning Commission, approved rezoning from Light Industrial (M-i) and Agricultural
(A) to Residential (R-9) and General Business (B-3), to allow a mixed use development
with residential and commercial uses (Case 87S126). The subject site was included in that
request.
Site Design and Use:
A plat submitted with the application depicts a single family residence located on the
request site with access to Amherst Ridge Court via a concrete driveway. The plan depicts
an intent to erect a fence in the rear yard to accommodate an outdoor play area.
Proffered Condition 2 would preclude any external additions to the existing dwelling to
accommodate the family day care use, but would not preclude erection of a fence. These
conditions attempt to maintain the residential character of the area. Proffered Condition
3 would preclude any sign to identify the use.
Operation of a family day care home must conform to the requirements of the State
Department of Social Services.
CONCLUSIONS
The Zoning Ordinance permits the keeping of a maximum of five (5) children by right in a
residential district. Approval of this request would allow for the keeping of more than five (5)
children. The proposed family day care home, with the proffered conditions, should have no
adverse impact on the surrounding neighborhood. Similar family day care homes have been
approved in other neighborhoods throughout the County and have operated without any apparent
adverse impact on area residences. The proffered conditions are similar to conditions required for
other family day care homes and are designed to ensure that the residential integrity of the area
is maintained. (Proffered Conditions 1 through 3)
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Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (2/20/01):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Cunningham, seconded by Mr. Litton, the Commission recommended
approval of this request and acceptance of the proffered conditions on page 2.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, February 28, 2001, beginning at 7:00 p.m., will take
under consideration this request.
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