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HomeMy WebLinkAbout11-16 BOS Staff ReportCONDITIONAL USE PERMIT #11-16 JESSICA RICHARDSON - IN HOME DAYCARE COTTAGE OCCUPATION Staff Report for the Board of Supervisors Prepared: October 14, 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 Public Hearing Held; Recommended Approval Board of Supervisors: 10/26/16 Pending EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 10/26/16 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, the Planning Commission 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. The Planning Commission voted 6-0-3 (Commissioners Manuel, Thomas, Triplett absent) to recommend approval with conditions of CUP #11-16 for Jessica Richardson for a cottage occupation for an in-home daycare facility. 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 #11-16, Jessica Richardson – In-Home Daycare Cottage Occupation October 14, 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 October 14, 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 in-home daycare facility, The Learning Tree, 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. The Applicant also has one (1) employee. Staff received one (1) neighbor objection (received October 7, 2016) to the proposed use following the Planning Commission meeting noting concerns regarding traffic in and out of the cul-du-sac in the mornings and evenings as a result of the use, parking of vehicles on the street, and kids screaming throughout the day from the outdoor play area. 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. Page 4 CUP #11-16, Jessica Richardson – In-Home Daycare Cottage Occupation October 14, 2016 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. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/05/16 MEETING: Staff presented CUP #11-16 at the October 5, 2016 Planning Commission public hearing, noting the site is a suburban single-family detached residence, presently zoned RP (Residential Performance) and the Applicant is seeking a Conditional Use Permit (CUP) for a cottage occupation for an in-home daycare facility to care for up to 12 children (excluding those residing on the premises). Staff presented maps identifying the location and an outline of the property and the proposed illustrative sketch provided by the Applicant for the cottage occupation, noting the drop-off/pick-up location for the children and the fenced outdoor play area. Staff continued that the property is surrounded by like RP properties on all sides which are also single-family detached residences. Staff concluded with a summary of the proposed conditions, noting the Applicant had agreed to the conditions as presented. The Planning Commission requested that Staff clarify Condition #4, the size of the cottage occupation sign permitted, and if it was allowed within the subdivision by the Homeowners Association (HOA). Staff stated that the Zoning Ordinance allows for a four (4) square foot sign for cottage occupations, and that similar signs had been granted to other cottage occupation CUPs. Further, Staff noted that HOA restrictions on signage are a matter to-be-resolved between the homeowner and the HOA. The Applicant further clarified that she had contacted her HOA and had been provided a letter stating a business sign was permitted. The Planning Commission also requested clarification if the use had been established in violation of the Zoning Ordinance. Staff noted that the Applicant had established the use prior to receiving a business license, which required a CUP for the in-home daycare use. Staff further clarified that the Applicant needed a business license to become a licensed child care provider through the Virginia Department of Social Service (VADSS) and the County. Staff stated that the Applicant was taking all of the necessary actions to come into compliance with the County and State requirements as quickly as possible and to date had not received any complaints from neighbors or anyone else. Page 5 CUP #11-16, Jessica Richardson – In-Home Daycare Cottage Occupation October 14, 2016 The Applicant gave a brief overview of her daycare operation, The Learning Tree, noting she currently cares for nine (9) children, she intends to care for up to 12 children, and has one (1) employee that lives outside of the residence. No members of the public spoke during the public hearing. The Planning Commission voted 6-0-3 (Commissioners Manuel, Thomas, Triplett absent) to recommend approval with conditions of CUP #11-16 for Jessica Richardson for a cottage occupation for an in-home daycare facility. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 10/26/16 BOARD OF SUPERVISORS MEETING Should the Board of Supervisors find this application for a cottage occupation to be appropriate, the Planning Commission 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. The Planning Commission unanimously recommended approval with conditions of CUP #11-16 for Jessica Richardson for a cottage occupation for an in-home day care facility. 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.