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July 27, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0269
Charlene Oliver-Downs
Bermuda Magisterial District
7113 CreekbluffRidge Drive
REQUEST: Conditional Use to permit a family day care home in a Residential (R-25) District.
PROPOSED LAND USE:
A family day care home within an existing single family residence is planned.
PLANNING COMMISSION RECOMMENDATION
ON JULY 19, THE COMMISSION DEFERRED ACTION ON THIS CASE TO AUGUST 16.
THEREFORE, THE BOARD SHOULD DEFER THIS CASE TO EITHER AUGUST 24 OR
SEPTEMBER 21, 2005.
STAFF RECOMMENDATION
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.
Bo
Through the Conditional Use process and with 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 UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC"
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(STAFF) 1.
(STAFF) 2.
(STAFF) 3.
Location:
ARE
This Conditional Use shall be granted to and for Charlene Oliver-Downs,
exclusively, and shall not be transferable or 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)
GENERAL INFORMATION
Northeast quadrant of the intersection of Creekbluff Ridge and Swiftrock Ridge Drives and
better known as 7113 Creekbluff Ridge Drive. Tax ID 771-644-7316 (Sheet 33).
Existing Zoning:
Size:
R-25
1.1 acre
Existing Land Use:
Single family residential
Adjacent Zoning and Land Use:
North, South, East and West - R-25; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along the southeastern side of
Creekbluff Ridge Drive, adjacent to the site. Use of the public water system is required by
County Code. The existing home is connected to the public water system.
2 05SN0269-JULY27-BOS
Public Wastewater System'
The public wastewater system is not available to serve the request site. This site is within
the area designated by the Southern and Western Plan of anticipated R-88 zoning where the
use of private septic systems is permitted.
Health Department:
The Health Department must approve expanded use of the existing septic system.
Drainage and Erosion'
ENVIRONMENTAl,
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service and Transportation ·
This request will have minimal impact on these facilities.
LAND USE
Comprehensive Plan'
The request lies within the boundaries of the Southern and
suggests the property is appropriate for residential use of 1
Residential (R-88) zoning.
Western Area Plan which
to 5 acres lots, suited for
Area Development Trends:
The property is located within the Amstel Bluff Subdivision. Adjacent properties are zoned
Residential (R-25) and are occupied by single family dwellings or remain 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 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 or alterations to the existing dwelling to accommodate the
use and any sign to identify the use. (Conditions 2 and 3)
05SN0269-JULY27-BOS
Usel
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, exclusive of the
provider's children and any children who reside in the home, 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
recommended 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 is recommended.
CASE HISTORY
Planning Commission Meeting (7/19/05):
The Planning Commission deferred this case to August 16, 2005, to allow the Bermuda
District Commissioner, staff, applicant and area property owners to meet and discuss the
proposal.
The Board of Supervisors, on Wednesday, July 27, 2005, beginning at 7:00 p.m., will take under
consideration this request.
05SN0269-JULY27-BOS