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Home My WebLink About017-20 (ProposedOrdAmendmentChap165Definitions(DayCareFacility)) RESOLUTION w Ihr 173 Action: Approved BOARD OF SUPERVISORS: August 12, 2020 RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS PART 101 —GENERAL PROVISIONS §165-101.02—DEFINITIONS AND WORD USAGE WHEREAS, an ordinance to amend Chapter 165, Zoning to amend the definition contained in §165-101.02 Definitions and.word usage for "Day-Care Facility"; and WHEREAS, the proposed changes expand the Zoning Ordinance definition for "Day- Care Facility" to include the care, protection and guidance of adults in addition to children; and WHEREAS, The Development Review and Regulation Committee (DRRC) reviewed the proposed changes at their June 25, 2020 regular meeting; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on August 5, 2020 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on August 12, 2020. WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding an amendment to Chapter 165; and PDRes #28-20 NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to expand the definition for"Day-Care Facility"to included "adult-care." Passed this 12th day of August 2020 by the following recorded vote; Charles S. DeHaven, Jr., Chainnan Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Blaine P. Dunn Aye Gene E. Fisher Aye Judith McCann-Slaughter Aye A COPY ATTEST Kris i , Frederick Coun y dministrator PDRes #28-20 BOS Res. 017-20 •r COUNTY of FREDERICK Department of Planning and Development yiwcr° 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment—Day-Care Facilities DATE: Tuly 29, 2020 This is a request from a local engineering firm to expand the definition for"Day-Care Facility"to include"adult-care." The current definition for"Day-Care Facility" limits this service to children only. An amendment to the definition is proposed as follows: A facility in which more than five children and/or adults, not including persons e'•hew who are related by blood,marriage or adoption to the people who maintain the facility, are received for care,protection and guidance during only part of the twenty-four-hour day. The Development Review and Regulations (DRRC) discussed this item on June 25h. The DRRC generally supported the proposed ordinance amendment to expand the definition for "Day-Care Facility"to include"adult-care"noting a pressing need in the community for care of elderly and/or disabled adults during the workweek. The Planning Commission will discuss this item on August 5t`. Any comments from the Planning Commission discussion will be provided to the Board of Supervisors at the meeting. The attached document shows the existing ordinance with the proposed changes supported by the DRRC(with bold italic for text added). Staff is seeking direction from the Board of Supervisors on the appropriateness of this request and if the item is ready to be sent forward for public hearing. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Zoning Ordinance Amendment Cover Letter from Greenway dated June 11, 2020 3.Adult-Day Care& In-Home Care Cost Comparison Table 4.Resolution MTK/pd Draft 6/12/2020 ARTICLE I General Provisions,Amendments and Conditional Use Permits Part 101 General Provisions §165-101.02 Definitions and word usage. Day-Care Facility A facility in which more than five children and/or adults,not including ep rsons art who are related by blood,marriage or adoption to the people who maintain the facility,are received for care,protection and guidance during only part of the twenty-four-hour day. 151 Windy HiR Lane GREENVIIAY Winchester, VA 22602 ENGINEERfNG June 11, 2020 Frederick County Planning Department Attn: Tyler Klein, Senior Planner 107 North Kent Street Winchester, VA 22601 RE: Day-Care Facility Definition Zoning Ordinance Amendment Request Dear Tyler: The purpose of this letter is to request consideration of a Zoning Ordinance Amendment for the current definition of Day-Care Facility to expand this service from child-care only to include adult-care (commonly referred to as Intergenerational Day-Care). Intergenerational Day-Care Facilities are designed and programmed to bring together two different generations both requiring care. Intergenerational Day-Care facilities exist in many communities and are gaining in popularity as they provide working families with an affordable option to obtain quality day-care services for their aging parents and their children. The current definition for Day-Care Facilities limits this service to children which limits working families to contracting in-home day-care services which are cost prohibitive for many families. The benefits of Intergenerational Day-Care Facilities include the following- )o Day-care service opportunities for working families with elderly parents and children ➢ Affordable day-care service options ➢ Provides sense of purpose, enhances dignity and improves social outcomes for adult participants > Provides children with opportunities to learn from., and connect with, older generations ➢ Improves children's social behaviors of sharing, assisting and cooperating with older generations Provides community with a positive and beneficial land use service ➢ Provides efficiencies for facility operations and programming that allow for cost affordable services to working families The attached Zoning Ordinance Amendment ,proposal provides for a single definition that allows for child day-care and/or adult day-care facilities which follows the framework of the existing day-care definition. Greenway Engineering researched the Frederick County Zoning Ordinance to determine Engineers Surveyors Planners Environmental Scientists Laboratory QC Inspection'Services Telephone 540-662-4185 Fax 540-722-9528 www,greenwayeng.com File#2039/EAW 1 which zoning districts permit Day-Care Facilities as a permitted land use or as a land use that would be permitted through the issuance of a Conditional Use Permit and identified the following: A RA District: Identifies Day-Care Facilities by definition with a Conditional Use Permit ➢ RP District: Identifies Day-Care Facilities by definition with a Conditional Use Permit A R4 District: Permitted Land Use SIC 835 A B 1 District: Permitted Land Use SIC 835 A B2 District: Permitted Land Use SIC 835 Greenway Engineering researched the SIC Manual and would note that SIC 835 is specific to Child Day Care Services and that SIC 832 provides for Adult Day Care Centers as well as a variety of individual and family social services land uses. Therefore, it is recommended that Frederick County consider adoption of a singular definition for Day-Care Facilities as proposed on the attachment and remove the SIC 835 classification within the R4 District, B1 District and B2 District to allow the land use specific to the proposed definition. Please contact me if you have any questions regarding this request or if you need any additional information for the June 25, 2020 DRRC Meeting Agenda. Sincerely, 9 Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. Cc: Jeannie Shiley, SVWC Executive Director Attachment: Day-Care Definition Amendment Day-Care Definition Amendment Purpose The purpose of this request is to expand on the current definition for Day-Care Facility from child- care only to also include adult-care. The expanded definition will allow Frederick County to provide opportunities for intergenerational day-care facilities to residents of the community which has become an identified need for working families throughout the Country. Intergenerational Day-Care facilities provide working families with an affordable option to obtain quality day-care services for their aging parents and their children through facility design and programming that meets the needs of both generations. The Frederick County Zoning Ordinance currently allows Day-Care Facilities by definition in the RA District and the RP District through the issuance of a Conditional Use Permit and allows Child Day Care Services as a permitted land use under SIC 835 in the R4 District, B I District and B2 District. It is recommended that Frederick County consider adoption of a singular definition for Day-Care Facilities and allow this land use by definition in the RA District and the lel' District through the issuance of a Conditional Use Permit and as a permitted land use in the R4 District, B I District and B2 District by definition instead of the SIC 835 classification. Current Definition §165-101.02 Date Care Tacilitiv: A facility in which more than five children, not including children who are related by blood, marriage or adoption to the people who maintain the facility, are received for care, protection and guidance during only part of the twenty-four-hour day. Proposed Amendment to Definition §165-101.02 Day Care FacilLty, A facility in which more than five children and/or adults, not including children who are related by blood, marriage or adoption to the people who maintain the facility, are received for care, protection and guidance on a regular basis during only part of the twenty- four-hour day. Day-Care Facility Definition Amendment 1 6-11-2020 Adult Day Care vs. In-Home Care Cost Comparison 2019 National Average Costs Type of Service Daily Median Cost Monthly Median Cost Annual Median Cost Adult Day Care Service $75 $1,625 $19,500 In-Home Care Service $141 $4,290 $51,480 Source: Genworth Financial, Inc. Cost of Care Survey