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HomeMy WebLinkAbout04-17 BOS Staff ReportCONDITIONAL USE PERMIT #04-17 TRISHA SHANHOLTZ 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 informati on 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 RA (Rural Areas) 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. The Applicant shall apply for and install an approved septic system within one (1) year of approval date of this Conditional Use Permit. 5. This Conditional Use Permit shall be void and revoked if condition #4 is not implemented. 6. One cottage occupation sign is permitted. 7. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 8. Other than those persons residing on the property, there shall be no more than one (1) employee working at the daycare at any time. 9. 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 #04-17, Trisha Shanholtz April 17, 2017 LOCATION: This property is located at 120 Refuge Church Road, Stephens City, Virginia MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 93-A-7D PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Vacant 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 640, the VDOT facility which would provide access to the property. It is suggested to trim the weeping willow tree overhanging the road to obtain adequate sight distance to the east of the driveway. To perform this work in the state right-of-way a VDOT land use permit should be obtained. With this suggested improvement the 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 Fire Marshall: Conditional Use Permit (CUP) approved provided that the following are met: *At least one 5lb. ABC multi-purpose fire extinguisher is hung in an obvious location within 75’ Page 3 CUP #04-17, Trisha Shanholtz April 17, 2017 of all areas being used for the daycare. *At least one functioning smoke detector is installed in all areas being used for the daycare. Winchester-Frederick County Health Department: The existing sewage system is not designed or approved to accommodate expected waste flow generated from the proposed project. As a commercial project, the owner will need to engage a private sector professional to prepare & submit a wastewater design for review. Planning and Zoning: An in-home daycare facility is a permitted use in the RA (Rural Areas) 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 to remain rural in nature and is not part of any land use study. The subject property is located, outside the County’s Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). This proposed in-home daycare facility will take place on a 7 +/- acre property, caring for twelve (12) children, with one (1) employee. This proposed use will need to utilize a new septic system approved by the Frederick County Health Department. The Applicant has requested to delay the installment of the septic system for one (1) year approval of the CUP. A condition of this CUP is that the Applicant installs an approved septic system within one (1) year from the approval date of this CUP. The CUP will become void and will be revoked if a septic system is not installed. Staff would note the Applicant has applied for a septic permit from the Frederick County Health Department and has engaged a septic company. 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 RA (Rural Areas) 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. The Applicant shall apply for and install an approved septic system within one (1) year of Page 4 CUP #04-17, Trisha Shanholtz April 17, 2017 approval date of this Conditional Use Permit. If system is not installed within the one (1) year the CUP will be deemed invalid. 5. This Conditional Use Permit shall be void and revoked if condition #4 is not implemented. 6. One cottage occupation sign is permitted. 7. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 8. Other than those persons residing on the property, there shall be no more than one (1) employee working at the daycare at any time. 9. Any expansion or change of use will require a new Conditional Use Permit. 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 RA (Rural Areas) Zoning District and the current land use is Residential. Staff provided a location map of the property. Mr. Cheran also explained an in-home daycare facility is a permitted use as a cottage occupation in the RA District with an approved Conditional Use Permit (CUP). Staff continued this proposed in-home daycare facility will take place on a 7+/- acre property, caring for twelve (12) children, with one (1) employee. Mr. Cheran noted the drop-off and pick-up of children is staggered throughout the morning and evening, which should prevent any traffic along the road. Staff reported this proposed use will need to utilize a new septic system and the Applicant has requested to delay the installment of the septic system for one (1) year pending approval of the CUP. Mr. Cheran noted the reason for this request should the CUP be denied then the need to upgrade the septic system no longer exists. Staff continued a condition of this CUP is that the Applicant installs an approved septic system within one (1) year from the approval date of this CUP and the CUP will become void and will be revoked if the septic system is not installed. Staff noted the Applicant has applied for and received a septic permit from the Frederick County Health Department and has engaged a septic company. Staff recommends the following conditions: 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. Page 5 CUP #04-17, Trisha Shanholtz April 17, 2017 3. The Applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. The Applicant shall apply for and install an approved septic system within one (1) year of approval date of this Conditional Use Permit. 5. This Conditional Use Permit shall be void and revoked if condition #4 is not implemented. 6. One cottage occupation sign is permitted. 7. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 8. Other than those persons residing on the property, there shall be no more than one (1) employee working at the daycare at any time. 9. Any expansion or change of use will require a new Conditional Use Permit. A Commission Member inquired is the Health Department comfortable with the one (1) year delay. Staff responded yes and the Applicant received her permit on March 29, 2017. Mrs. Trisha Shanholtz, the Applicant came forward and presented a brief overview of her in - home daycare facility. She noted her goal is to get the septic system installed before the end of the school year so she can have some of her school aged children join her again this summer. A Commission Member inquired if more than one adult would be supervising twelve (12) children. Mrs. Shanholtz responded there will be two (2) adults with the children, herself and one (1) other adult. A Commission Member inquired as to the reason for the required septic upgrade. Staff explained it was due to the existing water flow. A motion was made, seconded, and passed to recommend approval of CUP #04-17 for Trisha Shanholtz. YES: Wilmot, Cline, Manuel, Dunlap, Oates, Mohn, Marston, Molden, Ambrogi, Triplett NO: Kenney (Note: Commissioners Unger, and Thomas were absent from the meeting) Page 6 CUP #04-17, Trisha Shanholtz April 17, 2017 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 RA (Rural Areas) 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. The Applicant shall apply for and install an approved septic system within one (1) year of approval date of this Conditional Use Permit. 5. This Conditional Use Permit shall be void and revoked if condition #4 is not implemented. 6. One cottage occupation sign is permitted. 7. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 8. Other than those persons residing on the property, there shall be no more than one (1) employee working at the daycare at any time. 9. 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.