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Home My WebLink About04-13 BOS Staff ReportCONDITIONAL USE PERMIT #04-13 TRACY ALT Staff Report for the Board of Supervisors Prepared: July29, 2013 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: 07/17/13 Recommended approval Board of Supervisors: 08/14/13 Pending EXECUTIVE SUMMARY: This is a request for a revision to the requirements under Conditional Use Permit #01-11, approved by the Board of Supervisors on February 9, 2011, enabling an In-home Family Day Care Facility. This request is for the purpose of increasing the number of children being cared for at any given time. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on 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 a.m. to 6 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 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 employee working at the day care 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 #04-13 of Tracy Alt July 29, 2013 LOCATION: This property is located at 110 O’Briens Circle (Shenandoah Hills). MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55F-1-3-140 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: This is a request for a revision to the requirements under Conditional Use Permit #01-11, approved by the Board of Supervisors on February 9, 2011, enabling an In-home Family Day Care Facility. This request is for the purpose of expanding Conditional Use Permit #01-11 to allow for 12 children, rather than ten, being cared for at any given time. REVIEW EVALUATIONS: Frederick-Winchester Health Department: The Health Department would have no objection to the proposal based on the following conditions: A kitchen in a private home used by a family day-care provider that serves 12 or fewer children is exempt from Health Department Food Establishment regulations and permitting. Department of Social Services: The Alt Family Day Home, operated by Tracy Alt at 110 O’Briens Circle, Winchester, Virginia, is currently licensed to care for a maximum of ten children. With approval from the Frederick County Department of Planning and Development, the licensed capacity may be increased to twelve (12) children. Page 3 CUP #04-13 of Tracy Alt July 29, 2013 Planning and Zoning: An in-home daycare facility is a permitted use as a cottage occupation in the RP (Residential Performance) zoning district with an approved Conditional Use Permit. The 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. The Department of Social Services currently has Ms. Tracy Alt licensed for a capacity of ten (10) children. With the approval of a new Conditional Use Permit, The Department of Social Services has granted approval to allow Ms. Alt to increase the capacity to a maximum of twelve (12) children. The current in-home daycare facility is operating within the principal residential structure on a .20 acre lot, and staff to date has not received any complaints as it relates to the existing in-home daycare. All the following approved conditions will remain the same except condition number five; which will allow no more than twelve (12) children being cared for at any given time. STAFF CONCLUSIONS FOR THE 07/17/13 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on 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 a.m. to 6 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 day care 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 4 CUP #04-13 of Tracy Alt July 29, 2013 PLANNING COMMISSION SUMMARY & ACTION OF THE 7/17/13 MEETING: The staff noted a letter received from an adjoining property owner, dated July 8, 2013, expressing several concerns regarding this day care operation. One of those concerns involved traffic on the street. Commissioners asked the staff if any other complaints about traffic or parking from other owners along this street had been received. Staff replied no other complaints had been received. It was noted the streets within this older neighborhood were somewhat narrow without curb and gutter. Commissioners discussed with the applicant her client’s arrival and pick-up times. There were no public comments during the citizen comments portion of the hearing. A Commission member said he was supportive of this CUP with 12 children, but could not support any more than 12 children at this home on this particular street. A motion was made, seconded, and unanimously passed to recommend approval of the CUP with 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. 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 shall be erected on the property. 5. Other than those children residing on the property, there shall be no more than 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 employee working at the day care at any time. 7. Any expansion or change of use will require a new conditional use permit. (Note: Commissioner Crockett was absent from the meeting.) Following the required public meeting, 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.