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HomeMy WebLinkAbout01-13 PC Staff ReportCONDITIONAL USE PERMIT #01-13 JUDY TINGLE Staff Report for the Planning Commission Prepared: February 4, 2013 Staff Contact: Dana M. Johnston, Zoning Inspector 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: 02/20/13 Pending Action Board of Supervisors: 03/13/13 Pending EXECUTIVE SUMMARY: This is a request for a revision to the requirements under Conditional Use Permit #09-10, approved by the Board of Supervisors on January 26, 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 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. 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 2 CUP #01-13, Judy Tingle February 4, 2013 LOCATION : This property is located at 284 Tyler Drive (Hiatt’s Run Subdivision). MAGISTERIAL DISTRICT : Stonewall PROPERTY ID NUMBER : 32A-2-18 PROPERTY ZONING & PRESENT USE : Zoned: RA (Rural Area) Land Use: Residential ADJOINING PROPERTY ZONING & USE : North: RA (Rural Area) Land Use: Residential South: RA (Rural Area) Land Use: Residential East: RA (Rural Area) Land Use: Orchard West: RA (Rural Area) Land Use: Residential PROPOSED USE This is a request for a revision to the requirements under Conditional Use Permit #09-10, approved by the Board of Supervisors on January 26, 2011, enabling an In-home Family Day Care Facility. This request is for the purpose of expanding Conditional Use Permit #09-10 to allow for 12 children, rather than eight, 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: 1) The permitted water use of 600 gallons per day (gpd) for the existing sewage disposal system is not to be exceeded on any day. The water use is calculated as follows: • 75 gpd per resident of the dwelling • 10 gpd per child in the daycare without showers or baths • 16 gpd per child in the daycare with showers or baths • 25 gpd per employee 2) Only prepackaged food and beverages (including water) are to be served to the children in the day care. A change in capacity exceeding the maximum of 12 that you have proposed would require a food permit from the Heath Department. Page 3 CUP #01-13, Judy Tingle February 4, 2013 Planning and Zoning: An in-home daycare facility is a permitted use as a cottage occupation in the RA (Rural Areas) 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. Judy Tingle licensed for a capacity of eight (8) children. With the approval of a new Conditional Use Permit, The Department of Social Services has granted approval to allow Ms. Tingle 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 five 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 02/20/13 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 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. 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.