06SN0250
~1ay 16, 2006 CPC
.l^;t.ugust 15, 2006 CPC
September 27, 2006 BS
October 25, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
06SN0250
Shawn West
Dale Magisterial District
7401 Hopkins Road
REQUEST: Conditional Use to permit a family day care home in a Residential (R-7) 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:
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 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.)
Providing a FIRST CHOICE community through excellence in public service
CONDITIONS
(CPC)
1.
This Conditional Use shall be granted to and for Shawn West,
exclusively for a period not to exceed two (2) years from date of
approval, and shall not be transferable or run with the land.
(ST AFF /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 to identify this use. (P)
GENERAL INFORMATION
Location:
East line of Hopkins Road, north of Bellbrook Drive and better known as 7401 Hopkins
Road. Tax ID 782-677-2190.
Existing Zoning:
R-7
Size:
0.7 acre
Existing Land Use:
Single family residential
Adiacent Zoning and Land Use:
North, South, East and West - R-7; Single family residential
UTILITIES
Public Water System:
A ten (10) inch water line extends along Hopkins Road, adjacent to this site. The existing
structure is connected to the public water system. Use of public water is required by County
Code.
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending along the northeastern
boundary of this site. The existing structure is connected to the public wastewater system.
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06SN 0250-0CT25- BOS
Use of public wastewater is required by County Code.
ENVIRONMENT AL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
Bensley Fire Station, Company Number 3 currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
Transportation:
The property is located on the east side of Hopkins Road between Beulah Road and Old
Hopkins Road. Hopkins Road adjacent to the property is classified as a major arterial
with a recommended right-of-way width of ninety (90) feet. Forty-five (45) feet of right-
of-way, measured from the centerline of Hopkins Road adjacent to the property, should
be dedicated to the county. When asked, the applicant was not willing to dedicate this
right-of-way.
This section of Hopkins Road had a 2003 traffic count of 9,365 vehicles per day. Based
on the volume of traffic it carried during peak hours, Hopkins Road was at capacity.
(Level of Service E)
Section 19-301 of the zoning ordinance limits family day care homes to twelve (12)
children exclusive of the provider's children and any other children who reside in the
home. Based on day care center trip rates, a facility with twelve (12) students could
generate approximately fifty (50) average daily trips.
LAND USE
Comprehensive Plan:
The request lies within the boundaries of the Central Area Land Use Plan which suggests the
property is appropriate for residential use of2.51 to 4.0 dwelling units per acre.
Area Development Trends:
Adjacent properties are zoned Residential (R-7) and are occupied by single family dwellings
or are vacant. It is anticipated that residential use will continue in the area, as recommended
by the Plan.
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06SN 0250-0CT25- BOS
Site Design:
The applicant proposes to utilize the dwelling in which she resides for a family day care
home. To insure that the residential character of the area is maintained, conditions preclude
any additions or alteration to the existing dwelling to accommodate the use and any sign to
identify the use (Conditions 2 and 3). There is a circular driveway which accommodates on-
site traffic circulation.
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.
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). Therefore, approval of this request,
subject to the conditions, is recommended.
CASE HISTORY
Planning Commission Meeting (5/16/06):
At the request of the applicant, the Commission deferred this case to August 15,2006.
Staff (5/17/06):
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than June 12, 2006, for consideration at the Commission's August 15,
2006, public hearing.
Also, the applicant was advised that a $130.00 deferral fee must be paid prior to the
Commission's public hearing.
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06SN 0250-0CT25- BaS
Staff (7/24/06):
To date, no new information has been received nor has the deferral fee been paid.
Applicant (8/15/06):
The deferral fee was paid.
Planning Commission Meeting (8/15/06):
The applicant accepted the recommendation. There was no opposition present. Mr. Litton
requested that the Conditional Use be granted for two (2) years.
On motion of Mr. Litton, seconded by Mr. Gulley, the Commission recommended approval
subject to the conditions on page 2.
AYES: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
Board of Supervisors' Meeting (9/27/06):
On their own motion, the Board deferred this case to their October 25, 2006, public hearing
because the applicant was not present and to allow Mr. Miller, the Dale District Supervisor,
time to meet with the applicant.
Staff (9/28/06):
The applicant was advised of the necessity to be present at the October public hearing.
The applicant was advised in writing that any significant, new or revised information should
be submitted no later than October 2, 2006, for consideration at the Board's October public
hearing.
Staff (10/2/06):
To date, no new information has been submitted.
The Board of Supervisors, on Wednesday, October 25, 2006, beginning at 7:00 p.m., will take
under consideration this request.
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06SN 0250-0CT25- BOS
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