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Home My WebLink About035-20 (OrdAmendmentChapter165Zoning(AdultDayCare)) W ORDINANCE AMENDMENT Action: Approved PLANNING COMMISSION: September 2, 2020 Recommended Approval BOARD OF SUPERVISORS: September 23, 2020 Approved AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS PART 101 —GENERAL PROVISIONS §165-101.02 —DEFINITIONS AND WORD USAGE ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS PART 602—B1 NEIGHBORHOOD BUSINESS DISTRICT §165-602.02 —ALLOWED USES Part 603 B2 GENERAL BUSINESS DISTRICT §165-603.02—ALLOWED USES Part 605 OM OFFICE-MANUFACTURING PARK DISTRICT §165-605.03 — SECONDARY OR ACCESSORY USES WHEREAS, an ordinance to amend Chapter 165, Zoning to amend the definition "Day- Care Facility" as outlined in §165-101.02 Definitions and word usage; and WHEREAS, an ordinance to amend. Chapter 165, Zoning include "Day-Care Facility" in the B 1 Neighborhood Business District, B2 General Business District, and OM Office- Manufacturing Park District; and WHEREAS, the proposed changes modify the Zoning Ordinance definition for "Day- Care Facility" to include the "care, protection and guidance of adults in addition to children"; and WHEREAS, the proposed changes include this definition in the 131 (Neighborhood Business) District, 132 (General Business) District, and the OM (Office-Manufacturing) District. WHEREAS,the Planning Commission held a public hearing on this ordinance amendment on September 2, 2020 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on September 23, 2020; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE I — General Provisions, Amendments and Conditional Use Permits; Part 101 — General Provisions, §165-101.02. Definitions and word usage, Day-Care Facility to include the "care, protection and guidance of adults in addition to children" and to modify ARTICLE VI — Business and Industrial Zoning Districts; Part 602 BI Neighborhood Business District, §165-602.02. Allowed Uses; Part 603 B2 General Business District, §165-603.02. Allowed Uses; Part 605 OM Office-Manufacturing Park District, §165-605.03. Secondary or accessory uses to include"Day-Care Facility". Passed this 23rd day of September 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gene E. Fisher Aye J. Douglas McCarthy Aye Judith McCann-Slaughter Aye Robert W. Wells Aye Blaine P. Dunn Aye Shawn L. Graber Aye A COPY ATTEST Kri s . i mey, Frederick d�ministrator #035-20 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 5401665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein,AICP, Senior Planner' ' SUBJECT: Ordinance Amendment—Day-Care Facilities DATE: September 11, 2020 This is a request to amend Chapter 165 -Zoning Ordinance to expand the definition for"Day-Care Facility" to include "adult-care" and to use consistent terminology for "Day-Care Facility" throughout the ordinance. This ordinance amendment was proposed by a local engineering firm working in conjunction with Westminster Canterbury to allow this use in the RP (Residential Performance) District. Under the current definition, day-care facilities only include child-care and would not allow for adult-care. Day-care facilities, as defined in Part 101, are currently allowed with an approved Conditional Use Permit (CUP) in the County's RA (Rural Areas) and RP (Residential Performance) Zoning District. Staff notes a separate use, "Child Day-Care Services," is an allowed by-right use in the B1 (Neighborhood Business), B2 (General Business) and OM (Office-Manufacturing Park) Zoning Districts and defined by the Standard Industrial Classification (SIC). The proposed amendment would also revise the terminology to "Day-Care Facilities" (as defined in Part 101 of the County's Zoning Ordinance) in the B 1, B2, and OM Zoning Districts for consistency. Adult care facilities, like child/day-care facilities, are regulated by the Virginia Department of Social Services (VDSS) in addition to those requirements of the Frederick County Zoning Ordinance. Further, for uses such as churches, where day-care facilities are accessory to the principle use(place of worship),these facilities would continue to be allowed without a CUP. The Development Review and Regulations (DRRC) discussed this item on June 25th. The DRRC generally supported the proposed ordinance amendment to expand the definition for "Day-Care Facility"to include"adult-care"noting a gap in this type of service within the community for care of elderly and/or disabled adults during the workweek. The Planning Commission discussed this item on August 5th. The Board of Supervisors discussed this item on August 12' and specified staff should ensure consistent terminology for "day-care facilities"throughout the ordinance and sent the item forward for public hearing. The Planning Commission held a public hearing on September 2n`;no members of the public spoke on the proposed ordinance amendment and the Planning Commission unanimously recommended approval. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors, on this proposed Zoning Ordinance text amendment is sought. Please contact Staff if you have any questions. 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 MTKJpd Revised 8/13/2020 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 includingerp sons ehil4reff 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. ARTICLE VI Business and Industrial Zoning Districts Part 602 Bl Neighborhood Business District §165-602.02.Allowed Uses. Allowed Uses Standard Industrial Classification SIC) Day-Care Facilities - Part 603 B2 General Business District §165-603.02. Allowed Uses. Allowed Uses Standard Industrial Classification SIC Day-Care Fatalities - Part 605 OM Office-Manufacturing Park District §165-605.03.Secondary or accessory uses. Secondary Uses Standard Industrial Classification(SIC) Ctsra Gare r, $--5 Day-Care Facilities 151 Windy Hill Lane GREENWAV Winchester,VA 22602 ENGINEERrNG 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 clay-care services which are cost prohibitive for many families. The benefits of Intergenerational Day-Care Facilities include the following: ➢ 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 Soientists Laboratory QC lnspw lon Services -telephone 540-662-4185 Fax 540-722-8528 www.greenwayeng.com File#2039/EAW t 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: ➢ 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 ➢ R4 District: Permitted Land Use SIC 835 ➢ 131 District: Permitted Land Use SIC 835 ➢ 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. Therefor, 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, L 61 L 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, BI 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 RP District through the issuance of a Conditional Use Permit and as a permitted land use in the R4 District, B 1 District and B2 District by definition instead of the SIC 835 classification. Current Definition §165-101.02 Dax Care Faciliriy: 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 Dav Care Facility 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 I 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