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09SN0142~~tF~EI,p ~~:, ~~ti --~ ca~~'';. .v ~ ~ e,~ !' ~ ~~ ~ti, I rY~ ry ! ~;li ,~~~ t, -17 ~. J/i Ir~RGSI~1.P!!~ STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 09SN0142 Amina Mzari & Faouzi Hanafi Dale Magisterial District 8425 Sherwood Forest Drive February 25, 2009 BS RE VEST: Conditional Use to permit a family day care home in a Residential (R-9) District. PROPOSED LAND USE: A family day care home within an existing single family residence is planned. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The family day care home, if properly conditioned, should be compatible with surrounding residential development. Family day care homes have been approved in other similar neighborhoods throughout the County and have operated without any apparent adverse impact on area residents. B. Through the Conditional Use process and the imposition of the recommended conditions, the residential character of the area will be maintained. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) 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 Providing a FIRST CHOICE community through excellence in public service "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) CONDITIONS (STAFF/CPC) 1. This Conditional Use shall be granted to and for, Amina Mzari and Faouzi Hanafi, exclusively, and shall not be transferable nor run with the land. (P) (STAFF/CPC) 2. There shall be no exterior additions or alterations to the existing structure to accommodate this use. (P) (STAFF/CPC) 3. There shall be no signs permitted to identify this use. (P) GENERAL INFORMATION Location: East line of Sherwood Forest Drive, north of Kingsland Road, and better known as 8425 Sherwood Forest Drive. Tax ID 785-672-4798. Existing Zoning: R-9 Size: 0.7 acres Existin Land Use: Single family residential Adjacent Zoning and Land Use: North, South and West - R-9; Single family residential East - A; Single family residential Public Water System: The request site is within the Centralia Water Pressure Zone. There is an existing eight (8) inch water line extending along the east side of Sherwood Forest Drive, adjacent to this site. The existing dwelling is connected to the public water system. 2 09SN0142-FEB25-BOS-RPT Public Wastewater System: The request site is within the Kingsland Creek Sewer Service Area. There is an existing eight (8) inch wastewater collector line extending along Sherwood Forest Drive adjacent to this site. The existing dwelling is connected to the public wastewater system. ENVIRONMENTAL The subject property drains to the east/northeast to Kingsland Creek. There are currently no on- or off site drainage or erosion problems and none are anticipated after development. It should be noted that with the recordation of Camelot Forest Subdivision in 1997, wetlands were identified in the right rear corner of the subj ect property that cannot be disturbed. PUBLIC FACILITIES This request will have a minimal impact on these facilities. T,ANn T1CF, Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the property is appropriate for residential use of 2.51-4.0 dwelling units per acre. Area Development Trends: The area is characterized by single family residences located within the Camelot Forest Subdivision and on acreage parcels. Use As noted herein, a Conditional Use to permit a family day care home is requested. The Zoning Ordinance permits the keeping of a maximum of five (5) children by right in a residential district. Approval of this request would permit the keeping of a maximum of twelve (12) children at any one time, excluding the applicant's children and any children who reside in the home. Site Design: The applicant proposes to use the dwelling and yard for the day care. To insure that the residential character of the area is maintained, conditions preclude any additions to the existing dwelling to accommodate the use and any signs to identify the use. (Conditions 1 and 2) 3 09SN0142-FEB25-BOS-RPT CONCLUSION The proposed family day care home, as conditioned, should have no adverse impact on the surrounding neighborhood. Similar family day care homes have been approved in other neighborhoods and have operated without any apparent impact on area residences. The conditions are similar to conditions imposed on other family day care homes and are designed to maintain the residential character of the area. (Conditions 1 through 3) Given these considerations, approval of this request is recommended. CASE HISTORY Planning Commission Meeting (Ol/20/09): The applicant accepted the recommendation. There was no opposition present. On motion of Dr. Brown, seconded by Mr. Hassen, the Commission recommended approval subj ect to the conditions on page 2. AYES: Messrs. Gulley, Brown, Bass, Hassen and Waller. The Board of Supervisors, on Wednesday, February 25, 2009, beginning at 6:30 p.m., will take under consideration this request. 4 09SN0142-FEB25-BOS-RPT 1 f 1 Q 1 f f f t 1 I l ab'02~11b'~I XS~ l I N I U N ~~ I 1 7 / I / ~ 1 Hp INS CT _ ~~~~~~ r~~~'~ 1 I 1 l j 1 ,~ 1 / Y ~ N,. ~ - ~ o ~ a z ~ Q ~ 1 c~ I.L 0 1 ~ ~ I Q W Z ~ m ~ ~ ° ~ ~ ~ ~ _ F IAR w ~ Y a ~ , • IA a ~ V .• V • j ~ m I w ~ Z S 1~ 4 ~N ~ S Q U M 1 ---~~~ U ~~~ _-~ W Z (A o li °n 0 N ~ ~ ~ N Z O :: ~I 0 J W C1 ~I ,~ ~I