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HomeMy WebLinkAbout11-16 PC Staff ReportCONDITIONAL USE PERMIT #11-16 JESSICA RICHARDSON - IN HOME DAYCARE COTTAGE OCCUPATION Staff Report for the Planning Commission Prepared: September 26, 2016 Staff Contact: M. Tyler Klein, AICP, Planner 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: 10/05/16 Pending Board of Supervisors: 10/26/16 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 7 a.m. to 7 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, small, 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 one (1) employee 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 #11-16, Jessica Richardson – In-Home Daycare Cottage Occupation September 26, 2016 LOCATION: This property is located at 102 Barbados Place, Stephens City, Virginia (Albin Village Subdivision); generally located north of Albin Drive and east of Aylor Road MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75F-2-73 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District Land Use: Single-family detached residence ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residence South: RP (Residential Performance) Use: Residence Use: Residential East: RP (Residential Performance) Use: Residence West: RP (Residential Performance) Use: Residence PROPOSED USE: The Applicant proposes a licensed in-home daycare facility, for up to twelve (12) children. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have minimal measurable impact on Route 1153, 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 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. Winchester-Frederick County Health Department: The Frederick County Health Department has no objection since the property appears to be serviced by public water and sewer. Although, if over 12 children are to be cared for a food permit will need to be applied for. Frederick County Fire Marshall: Plans approved. Provided that the following conditions are met: There shall be at least 1 5 lb. ABC multi-purpose fire extinguisher hung and available Page 3 CUP #11-16, Jessica Richardson – In-Home Daycare Cottage Occupation September 26, 2016 within 75’ of all areas being used for the daycare. There shall be at least one smoke detector in all rooms being used for the daycare. Frederick County Sanitation Authority: No comments. Winchester Regional Airport: No impact to airport operation. City of Winchester: No comments. Planning and Zoning: A licensed in-home daycare facility is a permitted use as a cottage occupation in the RP (Residential Performance) District through 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 2030 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as part of the Southern Frederick Area Plan and is to remain primarily residential in nature and is not part of any land use study. The subject property is also located in the County’s Urban Development Area (UDA) and Sewer and Water Service Area (SWSA); the property is served by public utilities. The subject property is located in the Albin Village Subdivision, on a cul-du-sac (Barbados Place) and is surrounded by other single-family detached homes. The property also meets all setback and off-street parking requirements. This licensed in-home daycare facility has been in operation for more than two (2) months within the principal residence, and currently cares for nine (9) children. The Applicant has designated drop-off and pick-up spaces in the driveway and a fenced outdoor play area in the rear of the property (see attached sketch plan provided by the Applicant). The drop-off and pick-up of children is staggered throughout the morning and evening, which should prevent any traffic or queueing along the street. To date, Staff has not received any complaints as it relates to the existing in-home daycare at this location, or to the proposed CUP. STAFF CONCLUSIONS FOR THE 10/05/16 PLANNING COMMISSION MEETING: Should the Planning Commission find this use (an in-home daycare facility) appropriate, Staff would recommend 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 7 a.m. to 7 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, small, cottage occupation sign is permitted. Page 4 CUP #11-16, Jessica Richardson – In-Home Daycare Cottage Occupation September 26, 2016 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 one (1) employee working at the daycare at any time. 7. Any expansion or change of use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.