01SN0258-Aug22q.pdfAugust 22, 2001 BS
STAFF'S
P~QUEST ANALYSIS
AND
RECOMMENDATION
01SN0258
James B. and Brenda G. Jones
Bermuda Magisterial District
14308 Rivermont Road
REQUEST: Conditional Use to permit a family day care home in a Residential (R-7) District.
PROPOSED LAND USE:
The applicant is currently operating a family day care home within an existing
single family residence without the requisite Conditional Use permit. A
Conditional Use is requested to allow the use to come into compliance with the
Zoning Ordinance.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
Messrs. Marsh, Litton, Cunningham and Gecker.
Mr. Gulley.
AYES:
ABSENT:
STAFF RECOMMENDATION
Recommend approval for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service.
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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.
Through the Conditional Use process and the imposition of the recommended
conditions, the residential integrity of the area can be further ensured.
(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.
(STAFF/CPC) 2.
(STAFF/CPC) 3.
Location:
This Conditional Use shall be granted to and for James B. and
Brenda G. Jones, exclusively, and shall not be transferable nor run
with the land. (P)
There shall be no external 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 Rivermont Road, south of Enon Church Road and is better known as 14308
Rivermont Road. Tax ID 823-645-4791 (Sheet 35).
Existing Zoning:
R-7
Size:
.5 acre
Existing Land Use:
Single family residential and family day care home
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Adjacent Zoning and Land Use:
North, South, East and West - R-7; Single family residential
Public Water System:
UTILITIES
There is an existing six (6) inch water line extending along Rivermont Road, adjacent to
the request 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:
There is an existing eight (8) inch wastewater collector extending along Rivermont Road,
adjacent to the request site. Use of the public wastewater system is required by County
Code. The existing home is connected to the public wastewater system.
Drainage and Erosion:
ENVIRONMENTAL
This request will have no impact on these facilities.
Fire Service and Transportation:
PUBLIC FACILITIES
This request will have a minimal impact on these facilities.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Eastern Area Land Use and Transportation Plan which
suggests the property is appropriate for medium to medium high density residential use.
(4.01 to 7.0 units per acre)
Area Development Trends:
The request property is located within Rivermont Ridge Subdivision. Adjacent properties
to the north, south, east and west are zoned Residential (R-7) and are occupied by single
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family residences in Rivermont Ridge Subdivision. The .Plan anticipates residential uses
continuing to develop in the area.
Site Design and Use:
A site sketch submitted with the application depicts a single family residence with two (2)
driveway accesses to Rivermont Road. The sketch also shows the backyard layout which
includes play areas. Condition 2 would preclude any external additions to the existing
dwelling to accommodate the family day care use. The conditions attempt to maintain the
residential character of the area. Condition 3 would preclude any sign to identify the use.
The applicants wish to care for more than five (5) children not related to them in their
home. If this Conditional Use is granted, the current Ordinance would not place a limit
on the number of children allowed nor would the applicants be permitted to employ
persons other than those who reside in the home. There is a pending Code Amendment
that has been recommended for adoption by the Planning Commission and if approved,
would limit the number of children (excluding those who reside in the home) allowed to
be cared for to a maximum of twelve (12). This Code Amendment is not anticipated to be
considered by the Board of Supervisors until August. If this Conditional Use is approved
prior to adoption of the Code Amendment, the applicants will be permitted to care for
more than twelve (12) children. If at the time of adoption of the Code Amendment, they
are caring for more than twelve (12), they will be allowed to continue caring for that
number due to non-conformance. Otherwise, upon adoption of the Code Amendment, if
as recommended by the Commission, the number of children, excluding those residing in
the home that are being cared for are twelve (12) or less, the limit will become twelve (12).
The second part of the Code Amendment, if approved, will allow the applicants to employ
persons other than those who reside in the home.
CONCLUSIONS
The proposed family day care home, with the proffered conditions, should have no adverse impact
on the surrounding neighborhood. Similar family day care homes have been approved in other
neighborhoods throughout the County and have operated without any apparent adverse impact on
area residences. The conditions are similar to conditions required for other family day care homes
and are designed to ensure that the residential integrity of the area is maintained. (Conditions 1
through 3)
Given these considerations, approval of this request is recommended.
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CASE HISTORY
Planning Commission Meeting (7/17/01):
The applicant accepted the recommendation. There was no opposition presem.
On motion of Mr. Cunningham, seconded by Mr. Litton, the Commission recommended
approval of this request subject to the conditions on page 2.
AYES: Messrs. Marsh, Litton, Cunningham and Gecker.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, August 22, 2001, beginning at 7:00 p. m., will take
under consideration this request.
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