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HomeMy WebLinkAbout03-17 BOS Staff Report CONDITIONAL USE PERMIT #03-17 KELLEY LUCKETT AND ROBERT LUCKETT Staff Report for the Board of Supervisors Prepared: April 17, 2017 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/05/17 Recommended Approval Board of Supervisors: 04/26/17 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 04/26/17 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for an in- home daycare facility within a single-family detached residence in the RP (Residential Performance) Zoning District. Should the Board of Supervisors find this application for an in- home daycare facility to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6:00 a.m. to 6:00 p.m., Monday through Friday. 3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. One cottage occupation sign is permitted. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than two (2) employees working at the daycare at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #03-17, Kelley Luckett and Robert Luckett April 17, 2017 LOCATION: This property is located at 211 Rebecca Drive MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55G-5-1-19 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Open Space PROPOSED USE: In-Home Daycare Facility REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 1392, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Inspections: Existing dwelling shall comply with The Virginia Uniform Statewide Building Code (USBC). The existing dwelling will be classified (R-5) and shall comply with The Virginia Maintenance Codes. No Change of Use Permit is required provided the home is licensed by the Virginia Department of Social Services as a Family Day Home with allowances of up to 12 children. All sleeping rooms shall comply with proper egress and working smoke detectors shall be installed in accordance with the VMC. Frederick County Sanitation Authority: No comments. Frederick County Fire Marshall: Conditional Use Permit (CUP) approved provided that all areas that pertain to this CUP have: Page 3 CUP #03-17, Kelley Luckett and Robert Luckett April 17, 2017 *At least one working smoke detector. At least one 5lb. ABC multipurpose fire extinguisher within 75’. Winchester-Frederick County Health Department: As the residence is served by both public water and sewer, the In Home Family Daycare as proposed should not have any adverse impact on a sewage disposal system or water supply. Planning and Zoning: An in-home daycare facility is a permitted use in the RP (Residential Performance) District with an approved Conditional Use Permit (CUP). An in-home daycare facility is defined by the Zoning Ordinance as a facility in which more than five (5) children, not including those children related to the people who maintain the facility, are received for care, protection, and guidance during only part of the 24-hour day. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as part of the Senseny Eastern Area Plan and is to remain primarily residential in nature. The subject property is located within the Fieldstone Subdivision, within the County’s Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). This in-home daycare facility will care for twelve (12) children, with two (2) employees. STAFF CONCLUSIONS FOR THE 04/05/17 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for an in-home daycare facility within a single-family detached residence in the RP (Residential Performance) Zoning District. Should the Planning Commission find this application for a daycare to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6:00 a.m. to 6:00 p.m., Monday through Friday. 3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social Service and the County of Frederick. 4. One cottage occupation sign is permitted. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than two (2) employees working at the daycare at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. Page 4 CUP #03-17, Kelley Luckett and Robert Luckett April 17, 2017 PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/05/17 MEETING: Staff reported this is a request for an in-home daycare facility within a single-family detached residence in the RP (Residential Performance) Zoning District and the current land use is Residential. Staff presented a location map of the property. Mr. Cheran continued an in-home daycare facility is a permitted use in the RP District with an approved Conditional Use Permit (CUP). Mr. Cheran noted this in-home daycare facility will care for twelve (12) children, with two (2) employees and the drop-off and pick-up of children is staggered throughout the morning and evening, which should prevent any traffic along the street. Staff presented the following conditions as recommended: 1. All review agency comments shall be complied with at all times. 2. Hours of operation shall be permitted from 6:00 a.m. to 6:00 p.m., Monday through Friday. 3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social Service and the County of Frederick. 4. One cottage occupation sign is permitted. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than two (2) employees working at the daycare at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. A Commission Member asked for clarification on the staggered pick-up and drop-off of children. Mrs. Kelley Luckett the Applicant came forward; she clarified the hours of operation will be 6:00 a.m. to 6:00 p.m. and the children are generally dropped off and picked up at different times therefore neither parking nor traffic will be an issue. A motion was made, seconded, and passed to recommend approval CUP #03-17 for Kelley and Robert Luckett. YES: Wilmot, Cline, Manuel, Dunlap, Oates, Mohn, Marston, Molden, Ambrogi NO: Kenney, Triplett Page 5 CUP #03-17, Kelley Luckett and Robert Luckett April 17, 2017 (Note: Commissioners Unger and Thomas were absent from the meeting) CONCLUSION FOR THE 04/26/17 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for an in-home daycare facility within a single-family detached residence in the RP (Residential Performance) Zoning District. Should the Board of Supervisors find this application for an in-home daycare facility to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6:00 a.m. to 6:00 p.m., Monday through Friday. 3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. One cottage occupation sign is permitted. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than two (2) employees working at the daycare at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.