05SN0269-Aug24.pdf
July 19,2005 CPC
July 27,2005 BS
August 16, 2005 CPC
August 24, 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
RECOMMENDED APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGE 2.
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 similar neighborhoods throughout the County and have operated without
any apparent adverse impact on area residences.
B. Through the Conditional Use process and with the imposition of the
recommended conditions, the residential character of the area will be maintained.
(NOTE: CONDITIONS MAYBE 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" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITIONS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
1.
This Conditional Use shall be granted to and for Charlene Oliver-
Downs, exclusively, and shall not be transferable or run with the
land. (P)
2.
There shall be no exterior additions or alterations to the existing
structure to accommodate this use. (P)
3.
There shall be no signs permitted to identify this use. (P)
PROFFERED CONDITIONS
( CPC)
(CPC)
(CPC)
(CPC)
Location:
1.
This Conditional Use shall be limited to providing care, protection and
guidance to a maximum of ten (10) children with or without
compensation, other than the applicant's own children. (P)
2.
This operation shall be limited to between September 1 and June 30 of
each calendar year, except that no operation shall occur on Saturdays and
Sundays nor during Spring or Christmas breaks as observed by the
Chesterfield County Public School System. Hours of operation shall be
limited to between 6:30 a.m. and 9:00 a.m. and between 4:00 p.m. and
6:00 p.m., except that on days when Chesterfield County Schools are
closed to students during the aforementioned months, the hours of
operation shall be limited to between 6:30 a.m. and 6:00 p.m. (P)
3.
This Conditional Use shall be granted for a period not to exceed two (2)
years from the date of approval. (P)
4.
During the period that the family day care home is not permitted to
operate, no children shall be received for care for compensation. (P)
GENERAL INFORMATION
Northeast quadrant of the intersection of Creekbluff Ridge and Swiftrock Ridge Drives and
better known as 7113 CreekbluffRidge Drive. Tax ID 771-644-7316 (Sheet 33).
Existing Zoning:
R-25
2
OSSN0269-AUG24-BOS
Size:
1.1 acre
Existing Land Use:
Single family residential
Adiacent 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
CreekbluffRidge 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.
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.
ENVIRONMENTAL
Drainage and Erosion:
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service and Transportation:
This request will have minimal impact on these facilities.
3
OSSN0269-AUG24-BOS
LAND USE
Comprehensive Plan:
The request lies within the boundaries of the Southern and Western Area Plan which
suggests the property is appropriate for residential use of 1 to 5 acres lots, suited for
Residential (R-88) zoning.
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)
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, exclusive of the
provider's children and any children who reside in the home, with a Conditional Use.
The applicant has submitted proffered conditions which will restrict the number of children
cared for to a maximum of ten (10) exclusive of the applicant's children at anyone time;
includes in this number children cared for with or without compensation during specified
times; regulates the keeping of one (1) to ten (10) children; limits the Conditional Use to two
(2) years; and restricts the time of operation.
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)
The proffers provide additional restrictions. (Proffered Conditions 1 through 4).
Given these considerations, approval of this request is recommended.
4
OSSN0269-AUG24-BOS
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.
Board of Supervisors' Meeting (7/27/05):
The Board deferred this case to August 24, 2005, pending the Planning Commission's
recommendation.
Staff (8/1/05):
A neighborhood meeting has been scheduled for August 8, 2005.
Applicant, Area Property Owners, Staff and the Bermuda District Commissioner (8/8/05):
A meeting was held to discuss this request.
Applicant (8/12/05):
Proffered Conditions were submitted.
Planning Commission Meeting (8/16/05):
The applicant accepted the recommendation. The applicant amended the proffered
conditions as outlined herein, to address concerns expressed by those in attendance.
On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended
approval subject to the conditions and acceptance of the proffered conditions on page 2.
AYES: Unanimous.
5
OSSN0269-AUG24-BOS
The Board of Supervisors, on Wednesday, August 24, 2005, beginning at 7:00 p.m., will take
under consideration this request.
6
OSSN0269-AUG24-BOS
/
'c:(
'c:(
z+
.....
Q)
Q)
u..
o
o
eX)
I
I
~
--------
'-----
o
LO
C\
r:(
en
cø
N·
O~
z·
Cl)U
II)~
O~
o
o
eX)
LO
/