04SN0223-June23.pdfMay ' o .~n9~ CPC
Sune 23, 2004 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
04SN0223
Randolph V. Artis
Bermuda Magisterial District
13710 Harrowgate Road
REQUEST: Conditional Use to permit a family day care home in an Agricultural (A) 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.
AYES: MESSRS. LITTON,.BASS, GULLEY AND WILSON
ABSENT: MR. GECKER
STAFF RECOMMENDATION
Recommend approval for the following reasons:
Ao
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.
Bo
Through the Conditional Use process and the imposition of the recommended
conditions, the residential character of the area will be maintained.
Providing a FIRST CHOICE community Through Excellence in Public Service
(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.)
CONDITIONS '
(STAFF/CPC) 1. This COnditional Use shall be granted to and:for Mri.-and-Mrs.,
RandolPh V: Artis, 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 t° identify ~sUSe: (P)
GENERAL INFORMATION .... ' -.
Location:
West'line of Harrowgate Road, south of Stoney Creek Parkway and better knOwn as ·13710
Harrowgate Road. Tax ID 790-644-9659 (Sheet 34).
Existing Zoning:
Agricultural (A)
Size:
4:7 acres
Existing Land Use:
Single family residential
Adiacent Zoning and Land Use:
North and West - R-15 and R-9; Single family residential or vacant
South - A; Single familyresidential
East - A and A with Conditional Use; Single family residential3 child care'center orvacant
2
04SN0223-JUNE23-BOS .-
Public Water System:
UTILITIES
' There is an existing twelve (12) inch water line extending along the south side of Harrowgate
ROad, adjacent to the site. Use of the public wmer systemis required by. County Code. The
eXisting hOme is connected to the public water system.
pUblic Wastewater System:
~ There is.an existing eight (8) inch wastewater collector line extending along Stoneycreek
ParkWay approximately 150 feet northwest of the request site. In addition, an eight (8) inch
wastewater collector lineis approximately 1.50 feet southwest of this site. Without an off-
site extension, the public wastewater system is-not available to serve this Site.
Private Wastewater System:
The existing home is served by a private septic system.
approve any expanded usage of the existing septic system.
The Health Department must
ENVIRONMENTAL
Drainage and Erosion:
The property drains southeast and northwest through existing Stoney' Glen Subdivision
There are cUrrently no on- or off-site drainage and erosion problems with none anticipated
after development.
PUBLIC FACILITIES
Fire service:
The Chester Fire Station, Company Number 1, andBensley, Bermuda Volunteer Rescue
Squad currently provide fire protection and emergency medical service. This request Will not
impact f~re and emergency medical services.
Transportation:
The proposed use Will have a minimal impact on the existing transportation network.
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LAND USE
Comprehensive Plan:
The request site lies within the boundaries of the Southem and Western Area Plan which
suggests the property is appropriate for residential use of 2.51 to 4 dwelling units per acre..
Area Development Trends:
Adjacent properties to the north and west are zoned Residential (R-15) and Residential (R'9).
and are occupied by single family dwellings within Stoney Glen. Subdivision or are vacant.
ProPerties to the south are zoned Agricultural (A) and are occupied by single family
dwellings on acreage parcels'or are vacant. Properties to'the east are zonedAgficultUral (A)
and Agricultural (A) with Conditional Use and are occupied bya child care center.and Single
family dwellings on acreage parcels or are vacant. It is anticipated that residential use ,will
continue in the area as recommended by the Plan. -. " ' '.
Site Design:
The applicant proposes to utilize the dwelling and backyard area for thedaycare. To insure
that the residential character of the area is.maintained, conditions Preclude anyadditions to
the existing dwelling to accommodate the use and any sign to identify the use. (ConditionS2
and 3) -
CONCLUSIONS - ' ' · ' '
As noted herein, the applicant is requesting a family day care homel 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 a maximum of twelve (12) children to'receive care at any one (1) time;'
excluding the applicant's children and any children who reside in the home.
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) .... '
Given these considerations, approval of this request, subject to the conditions, is recommended.
4 04SN0223-JUNE23-BOS
CASE HISTORY
Planning Commission Meeting (5/18/04):
The applicant accepted the recommendation. One' (1) person spoke in opposition to the
requeSt stating a concern that approval.would encourage other commercial Use in the area.
Four (4) citizens spoke, in support of the request stating there was a need in the area for child
Mr. Wilson stated family daycare homes provide a choice for'child care.
On motion of Mr. Wilson, seconded by Mr.' Gulley, the Commission recommended approval
subject to the conditions on page 2.
AYES: Messrs. Litton, Bass, Gulley and Wilson.
ABSENT:. Mr. Gecker.
The Board of Supervisors, on Wednesday, June 23, 2004, beginning at 7:00 p.m., will 'take under
consideratiOn this request.
5 04SN0223-JUNE23-BOS