HomeMy WebLinkAbout04-13 PC Staff ReportCONDITIONAL USE PERMIT #04-13
TRACY ALT
Staff Report for the Planning Commission
Prepared: June 24, 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
Planning Commission: 07/17/13 Pending
Action
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.
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June 24, 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.
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June 24, 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.
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CUP #04-13
June 24, 2013