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05SN0237-June22.pdfJune 22, 2005 BS STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 05SN0237 Darcie L. Kuzik Clover Hill Magisterial District 10802 Timberun Road REQUEST: 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: mo 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 Though 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 COMMISSION.) CONDITIONS (STAFF/CPC) 1. (STAFF/CPC) 2. (STAFF/CPC) 3. Location: CONDITIONS RECOMMENDED BY THE PLANNING This Conditional Use shall be granted to and for Mrs. Darcie L. Kuzik, exclusively, and shall not be transferable nor run with the land. (P) There shall be no 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 West line of Timbemn Road south of Ridgerun Road and better known as 10802 Timberun Road. Tax ID 745-679-8507 (Sheet 16). Existing Zoning: R-9 Size: 0.4 acre Existing Land Use: Single family residential Adjacent Zoning and Land Use: North, South, East and West - R-9; Single family residential UTILITIES Public Water and Wastewater Systems: This request will not impact the public water and wastewater systems. dwelling is connected to the public water and wastewater systems. The existing 2 05SN0237-JUNE22-BOS ENVIRONMENTAL Drainage and Erosion: This request 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 fire/rescue services. LAND USE Comprehensive Plan: The request lies within the boundaries of the Central Area Plan which suggests the property is appropriate for residential use of 1.00 to 2.5 dwelling units per acre. Area Development Trends: The property is located within Great Oaks Subdivision. Adjacent properties are zoned Residential (R-9) and are occupied by single family dwellings. 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 in which she resides and the backyard area for the family day care home. 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 sign to identify the use. (Conditions 2 and 3) Use: As noted herein, the applicant is proposing to operate 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. 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 3 05SN0237-JUNE22-BOS 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). Therefore, approval of this request, subject to the condition is recommended. CASE HISTORY Planning Commission Meeting (5/17/05): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Gulley, seconded by Mr. Gecker, the Commission recommended approval subject to the conditions on pages 2. AYES: Unanimous The Board of Supervisors, on Wednesday, June 22, 2005, beginning at 7:00 p.m., will take under consideration this request. 4 05SN0237-JUNE22-BOS