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HomeMy WebLinkAbout03-17 PC Staff ReportCONDITIONAL USE PERMIT #03-17 KELLEY LUCKETT AND ROBERT LUCKETT Staff Report for the Planning Commission Prepared: March 24, 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 Pending Board of Supervisors: 04/26/17 Pending EXECUTIVE SUMMARY: 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 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, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #03-17, Kelley Luckett and Robert Luckett March 24, 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: *At least one working smoke detector. Page 3 CUP #03-17, Kelley Luckett and Robert Luckett March 24, 2017 *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 as a cottage occupation 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. The drop-off and pick-up of children is staggered throughout the morning and evening, which should prevent any traffic along the street. 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. Page 4 CUP #03-17, Kelley Luckett and Robert Luckett March 24, 2017 7. Any expansion or change of use will require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.