02SN0183-May22.pdfMay 22, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0183
DeLisa Wanda Curtis
Dale Magisterial District
8919 Leafycreek Drive
REQUEST: Conditional Use to permit a family day care home in a Residential (R-7) 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 RECOMlVlENDATION
Recommend approval for the following reasons:
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 residences.
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 MAY PROFFER
OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLYA "STAFF"
ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
Providing a FIRST CHOICE Community Through Excellence in Public Service.
CONDITIONS
(STAFF/CPC) 1,
(STAFF/CPC) 2.
(STAFF/CPC) 3.
PROFFERED CONDITION
(STAFF) I.
This Conditional Use shall be granted to and for DeLisa Wanda
Curtis, exclusively, and shall not be transferable nor mn with the
land. (P)
There shall be no exterior additions or alterations to the existing
structure to accommodate this use. (P)
There shall be no signs permitted to idemify this use. (P)
A minimum of a five (5) foot high solid board fence shall be installed around
the entire perimeter of the rear yard within six (6) months of approval ofthi~
Conditional Use, except that the portion of the fence located along the eastern
property line shall be installed within (30) days of the approval of this
request. (P)
(NOTE: PROFFERED CONDITION 1 HAS BEEN SUBMITTED SUBSEQUENT TO THE
COMMISSION'S CONSIDERATION OF THIS REQUEST. SHOULD THE BOARD WISH TO
APPROVE THIS REQUEST, IT WOULD BE APPROPRIATE TO ACCEPT THE PROFFERED
CONDITION.)
Location:
GENERAL INFORMATION
East line of Leafyereek Drive, south of Hunting Creek Drive and better known as 8919
Leafycreek Drive. Tax ID 775-668-7889 (Sheet 17).
Existin~ Zoning:
R-7
Size:
0.2 acre
Existing Land Use:
Single family residential
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Adjacent Zoning and Land Use:
North, South, East and West - R-7; Single family residential
UTILITIES
Public Water System:
There is an existing six (6) inch water line extending along Leafycreek Drive, adjacent m the
request site. Use of the public water system is required by County Code. The existing home
on this site is connected to the public water system.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line along Leafyereek Drive, adjacent
to the request site. Use of the public wastewater system is required by County Code. The
existing home on the request site is connected to the public wastewater system.
Drainag~ and Erosion:
ENVIRONMENTAL
The proposed use will have no additional impact on these facilities.
PUBLIC FACILITIES
Fire Service and Transportation:
The proposed use will have a minimal impact on the existing transportation network and
fire/rescue services.
Comprehensive Plan:
LAND ,US.E
The request site lies within the boundaries of the Central Area Plan which suggests the
property is appropriate for residential use of 1.0 to 2.5 dwelling units per acre.
Area Development Trends:
The request property is located within Huntingcreek Hills Subdivision. Adjacent properties
are zoned residentially and are ocanpied by single family residences or are vacant.
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Site Design:
The applicant proposes to utilize the dwelling and the fenced backyard area for day care.
Condition 2 would preclude any additions to the existing dwelling to accommodate the use.
Condition 3 would preclude a sign to identify the use. In response to the Dale District
Supervisor's concerns, the applicant submitted a proffered condition relative to a five (5) foot
tall solid board fence being installed around the entire perimeter of the rear yard. (Proffered
Condition 1)
CONCLUSIONS
As noted herein, the applicant is requesting a family day care home. The Zoning Ordinance permits
the keeping of a maximum of five (5) children by fight in a residential district. The applicant has
indicated that she is currently caring for four (4) children. Approval of this request would increase
the number of children permitted to a maximum of twelve (12) at any one time, excluding the
applicant's children and any children who reside in the home.
The proposed family day care home, if properly 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 impac~ on area residences. The conditions
are similar to conditions imposed upon other family day care homes, and are designed to ma/ntain
the residential character of the area (Conditions 1 through 3). Therefore, approval of this request,
subject to the conditions, is recommended.
CASE HISTORY
Planning Commission Meeting (2/19/02):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Litton, seconded by Mr. Marsh, the Commission recommended approval
of this request subject to the conditions on page 2.
Ayes: Unanimous.
Board of Supervisors' Meeting (3/13/02):
The applicant accepted the recommendation.
The Board, on their own motion, deferred this case to May 22, 2002, relative to concerns
expressed by an area property owner relative to dogs on an adjacent property.
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Mr. Miller indicated he felt the matter of the dogs should be investigated since the childrens'
safety may be an issue.
Staff (3/14/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than March 18, 2002.
Staff (3/21/02):
In response to staff's request, the Animal Control Office researched calls to which they have
responded over the last four (4) years within several blocks of the request property. The
research revealed no dogs in the area wore classified as "dangerous" according to County
standards. The eleven (11) calls related mostly to dogs running at large, however, no calls
wore associated with the dogs on the adjacent property.
Applicant (4/27/02):
In response to the Dale District Supervisor's concerns, the applicant submitted a proffered
condition relative to fencing to be erected within the rear yard.
The Board of Supervisors, on Wednesday, May 22, 2002, begirming at 7:00 p.m., will take under
consideration this request.
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