02SN0289-NOV26.pdfNovember 26, '2002 BS
STAFF'S
REQUEST ANALYSIS
RECOMlVlENDATION
02SN0289
Louis Al, IV and Alice C. Ruffin
Bermuda Magisterial District
11301 Eagle Point Road
REQUEST: Conditional Use to permit a family day care home in a Residential (R-15) District.
PROPOSED LAND USE:
A family day care home within an existing single family residence is planned.
PLANNING COMMISSION RECOMMENDATION
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 sirdlar neighborhoods through~ut the County and have operated without any
apparent adverse unpact on area residences.
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 MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPONBY
BOTH STAFF AND THE COMMISSION. CO~DITIONS WITH ONLY A "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.
RECOMIVIEND DENIAL.
CONDITIONS
(STAFF) 1.
(STAFF) 2.
(STAFF) 3.
This Conditional Use shall be granted to and for Louis A., IV and Alice C.
Ruffin exclusively, and shall not be transferable nor run 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 identify this use. (P)
PROFFERED CONDITIONS
(STAFF) 1. This Conditional Use shall be granted for a period not to exceed two (2) years
from the date of approval. (P)
(STAFF) 2. The family day care home shall be limited to the keeping of not more than
eight (8) children, exclusive of those children living in the home.
GENERAL INFORMATION
Location:
East line of Eagle Point Road, south of Chagford Drive and better known as 11301 Eagle
Point Road. Tax ID 792-660-5634 (Sheet 26).
Existing Zoning:
R~15
Size:
0.5 acre
Existing Land Use:
Single family residential
Adiacent Zoning and Land Use:
North and West - R- 15; Single family residontial
South and East - R-7; Single family residential
2 02SN0289-NOV26-BOS
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along the western side of Eagle Point
Road, adjacent to the site. Use of/he public water system is required by County Code. The
existing home on tiffs site is connected to the public water system.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along Eagle Point Road
and terminating adjacent to the northwest comer of this 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.
Drainage and Erosion:
The proposed use will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service and Transportation:
The proposed use will have a minimal impact on the existing transportation network and
£tre/rescue services.
LAND USE
Comprehensive Plan:
The request site lies within the boundaries of the Chester Village Plan which suggests the
property is appropriate for residential use of 1.01 to 2.50 dwelling units per acre.
Area Development Trends:
The request property is located within the Chipchase At Mineola Subdivision. Adjacent
properties are zoned residential and are occupied single family residences in the Chipehase
At Mineola and Cameron Run Subdivisions.
Site Design:
The applicant proposes to utilize the dwelling in which she resides and backyard area for the
day care. To insure that the residential character of the area is maintained, conditions
3 02SN0289-NOV26-BOS
preclude any additions to the existing dwelling to accommodate the use and any sign to
identify the use (Conditions 2 and 3). In addition, the applicants have proffered that the
Conditional Use will expire two (2) years from the date of approval. (Proffered Condition 1)
Use:
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, excluding the provider's children and
any children who reside in the home, as a restricted-use in a residential district. The
Ordinance would allow the keeping of up to twelve (12) children with a Conditional Use.
Approval of this request would allow a maximum of eight (8) children at any one time,
excluding the applicant's children and any children who reside in the home. (Proffered
Condition 2)
CONCLUSIONS
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 upon other family day care homes and are designed to maintain .the
residential character of the area (Conditions 1 through 3). The proffered conditions minimize the
potential impact of the use on the surrounding area (Proffered Conditions 1 and 2). Therefore,
approval of this request, subject to the conditions and acceptance of the proffered conditions is
recommended.
CASE HISTORY
Planning Commission Meeting (8/20/02):
On their own motion, the Commission deferred the case until their October meeting.
Staff (8/21/02):
The applicant was advised in writing that any new or revised information should be
submitted no later than August 26, 2002, for consideration at the Comanission's October
public hearing.
Applicant (9/13/02):
ha response to citizens' concerns, proffered conditions were submitted,
4 02SN0289-NOV26-BOS
Applicant, Staff, Area Property Owners and Bermuda District Commissioner (9/19/02):
A meeting was held to discuss area property owners' concerns regarding the request.
Citizens offered support for the request stating there would be no adverse impact and other
citizens expressed a concern that approval of this request would encourage the location of
commercial uses in a residential neighborhood.
Planning Commission Meeting (10/15/02):
The applicant accepted staff's recommendation, but did not accept the Planning
Commission's recommendation.
There was supper[ for, and opposition to, the request present. Those who spoke in support
provided that the existing fmnily day care home operated on the request property has not
created a negative impact on the adjacent properties; that this request, which is limited to
keeping three (3) additional children other than those currently permitted, is not a concern;
and that the majority of the opposition was from individuals who live in an adjacent
subdivision, Trnehart Heights. Those who spoke in opposition stated that approval of the
request could set a precedent for other businesses to locate in their neighborhood and
expressed a concern over the affect such use may have on their property values.
Mr. Cunningham provided that while some immediate neighbors support the request, he was
concerned over the large number of citizens in opposition which also included in,mediate
neighbors.
On motion of Mr. Cunningham, seconded by Mr. Gulley, the Commission recommended
denial of this request.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, November 26, 2002, beginning at 7:00 p.m., will take
m~der consideration this request.
5 02SN0289-NOV26-BOS
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PETITION OF NEIGHBORS A GAINST ADOPTION OF PROPOSED REZONING
CASE 289, 11301 EAGLE POINT ROAD, CHESTER.
# of YEARS
SIGNATURE PRINTED NAME STREET ADDRESS RESIDENT
f
9.
10.
11.
12.
13.
15.
16.
17.
19.
20.
PETITION OF NEIGHB ORS AGAINST ADOPTION OF PR OPOSED REZO NIN G
CASE 289, 11301 EAGLE POINTROAD, CHESTER.
# of yEARs
d PRINTED NAME STREET ADDRESS RESIDENT
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19.
20.
PETITION OF NEIGHBORS AGAINST ADOPTION OF PROPOSED REZONING
CASE 289, 11301 EAGLE POINT ROAD, CHESTER.
# of yEARs
SIGNATURE PRINTED NAME STREET ADDRESS RESIDENT
9.
20.
PETITION OF NEIGHBORS A GAINST ADOPTION OF PROPOSED REZONING
CASE 289, 11301 EAGLE POINT ROAD, CHESTER.
# of YEARS
SIGNATURE PRINTED NAME STREET ADDRESS RESIDENT
12.
14.
15.
20.
PETITION OF NEIGHBORS AGAINST ADOPTION OF PROPOSED REZONING
CASE 289, 11301 EAGLE POINT ROAD, CHESTER.
:"'# of YEARS
SIGNATURE PRINTED NAME STREET ADDRESS RESIDENT
20.
PETITION OF NEIGHBORS AGAINST ADOPTION OF PROPOSED REZONING
CASE 289, 11301 EAGLE POINT ROAD, CHESTER.
# of YEARS
SIGNATURE PRINTED NAME STREET ADDRESS RESIDENT
/,'--o / .....
PETITION OF NEIGHBORS AGAINST ADOPTION OF PROPOSED REZONING
CASE 289, 11301 EAGLE POINT ROAD, CHESTER.
# of YEARS
SIGNATURE PRINTED NAME STREET ADDRESS RESIDENT
6.
7.
8
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
PETITION OF NEIGHBORS OPPOSING REZONING 11301 EAGLE POINT
ROAD, CHESTER, FROM RESIDENTIAL TO BUSINESS/COMMERCIAL
# of YEARS
SIGNATURE PRINTED NAME STREET ADDRESS RESIDENT
9.
10.
11.
12. ..,,
13.
14.
Js.
20.
CASE 289, 11301 EAGLE POINT ROAD, CHESTER.
# of YEARS
, .,') SIGNATURE / PRINTED NAME STREET ADDRESS RESIDENT
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7.
8
9.
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19.
20.
PETITION OF NEIGHBORS AGAINST ADOPTION OF PROPOSED REZONING
CASE 289, 1130~1 EAGLE POINT ROAD, CHESTER.
' ' # of YEARS
SIGNATURE PRINTED NAME STREET ADDRESS RESIDENT
~ ~' .
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12.
13.
14.
15.
16.
17.
18.
19.
20.
PETITION OF NEIGHBORS AGAINST ADOPTION OF PROPOSED REZONING
CASE 289, 11301 EAGLE POINT ROAD, CHESTER.
# of YEARS
SIGNATURE PRINTED NAME STREET ADDRESS RESIDENT
s.
9.
10.
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12.
13.
14.
15.
16.
17.
19.
20.
PETITION OF NEIGHBORS AGAINST ADOPTION OF PROPOSED REZONING
CASE 289, 11301 EAGLE POINT ROAD, CHESTER.
# of YEARS
SIGNATURE ?mNTE~) NAME STRKET ADDRESS RESIDENT
8
9.
11.
12.
13.
14.
15.
16.
17.
PETITION OF NEIGHBORS AGAINST ADOPTION OF PROPOSED REZONING
CASE 289, 11301 EAGLE POINT ROAD, CHESTER.
'%
# of YEARS
SIGNATURE PRINTED NAME STREET ADDRESS RESIDENT
5.
6.
8
9.
]3.
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18.
19.
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