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HomeMy WebLinkAbout03-14 PC Staff ReportCONDITIONAL USE PERMIT #03-14 CAROLINE E. WATSON Staff Report for the Planning Commission Prepared: October 1, 2014 Staff Contact: Mark 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: 11/05/14 Pending Board of Supervisors: 12/10/14 Pending EXECUTIVE SUMMARY: This is a request for a Licensed Home Child Care. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the Conditional Use Permit (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 5 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. No business sign associated with this Conditional Use Permit (CUP) shall be erected on the property. 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. Page 2 CUP #03-14 Caroline E. Watson October 1, 2014 LOCATION: The property is located at 215 Westmoreland Drive. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75E-1-3-165 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residential South: RP (Residential Performance) Land Use: Residential East: RP (Residential Performance) Land Use: Residential West: RP (Residential Performance) Land Use: Residential PROPOSED USE: Licensed Home Child Care. REVIEW EVALUATIONS: Virginia Department of Transportation: VDOT has no objection to this renewal. Frederick County Fire and Rescue: Plans approved provided that at least 1-5# ABC Fire Extinguisher is properly hung & tagged along with at least one working smoke detector in the area of operation. Frederick County Fire Marshall: Plans approved. Frederick County Inspections: The existing building shall comply with The Virginia Uniform Statewide Building Code (USBC) at the time the structure was built (1986). Building shall comply with the 1984 Uniform Statewide Building Code and CABO 1983 Building Code. The owner shall be in possession of a certificate of occupancy for the dwelling under the code edition that is noted above. Current Family Day Homes where program oversight is provided by the Virginia Department of Social Services is allowed to be classified as R-5 (Residential One and Two Family Dwellings) Family day homes generally care for up to 12 children. See DHCD related Laws Package for additional information (USBC Section 310.4). Any alteration to existing structure is required to have a building permit. Frederick-Winchester Health Department: It appears this property is on public water and sewer. This department has no objections to this request. Winchester Regional Airport: No impact to airport operations. Page 3 CUP #03-14 Caroline E. Watson October 1, 2014 Frederick County Sanitation Authority: No comments. 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 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 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. This licensed in-home daycare facility has been in operation within the principal residential structure for fourteen (14) years. The applicant was not aware that a CUP was needed for operation of an in-home daycare facility. The facility was inspected by the state this year and the issue of a CUP was noted by the state licensing office. The applicant applied for this CUP to bring the property in compliance with the Frederick County Zoning Ordinance. Staff to date has not received any complaints as it relates to the existing in-home daycare. The Virginia Department of Social Services currently has Ms. Caroline Watson licensed for a capacity of twelve (12) children, ages infancy through (12). STAFF CONCLUSIONS FOR THE 11/05/14 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the Conditional Use Permit (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 5 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. No business sign associated with this Conditional Use Permit (CUP) shall be erected on the property. 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. Page 4 CUP #03-14 Caroline E. Watson October 1, 2014 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.