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Home My WebLink About01-11 BOS Staff ReportCONDITIONAL USE PERMIT #01-11 TRACY ALT Staff Report for the Board of Supervisors Prepared: February 3, 2011 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 Action Planning Commission: 02/02/11 Recommended approval Board of Supervisors: 02/09/11 Pending EXECUTIVE SUMMARY: This is a request for a Cottage Occupation to enable an In-home Day Care Facility. The Planning Commission at its February 2, 2011 meeting unanimously recommended approval to the Board of Supervisors. The Planning Commission 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. 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 ten 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 #01-11, Tracy Alt February 3, 2011 LOCATION: This property is located at 110 O’Brien’s 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 application is for a Cottage Occupation to enable an In-Home Day Care Facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 1280, 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 Fire Marshall: Plans approved. Frederick County Inspections: Dwellings shall comply with The 2006 Virginia Maintenance Codes. Homes operated and licensed through Virginia Department of Social Services as a family day home does not require a building permit (Uniform Statewide Building Code Section 310.4). Note: A Certificate of Occupancy may be required under the Uniform Statewide Building Code in effect at the time of original construction. Frederick County Sanitation Authority: There is sufficient sewer and water capacity to serve this site. There is sufficient water pressure in this area to serve the site. Frederick-Winchester Health Department: As long as the number of children at the daycare Page 3 CUP #01-11, Tracy Alt February 3, 2011 is less than 12, the facility is exempt from the Health Department food service facility regulations and permitting. 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 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 proposed in-home daycare facility would be operating within the principal residential structure on a quarter acre lot in Shenandoah Hills Subdivision. The applicant has made it clear that she does not want any business sign on her property advertising the business. Also, she does want an additional employee in the future. Lastly, Social Services may dictate the number of children allowed in the home at any given time; however, the applicant is choosing not to exceed ten children in her home. There were no disapproving agency review comments. The applicant is in the process of obtaining a license with the Commonwealth of Virginia Department of Social Services, which will not be granted until approval of the Conditional Use Permit (CUP). STAFF CONCLUSIONS FOR THE 02/02/11 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 ten 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. Page 4 CUP #01-11, Tracy Alt February 3, 2011 PLANNING COMMISSION SUMMARY AND ACTION OF THE 02/02/11 MEETING: A member of the Planning Commission inquired if the Department of Social Services remained the authority on the operation of the day care facility. Staff replied yes; the regulations of the Department of Social Services would supersede the conditions placed by the Planning Department. Another member of the Commission asked if the residence was currently acting as a day care center. Staff replied yes; the applicant is caring for five children presently. Staff noted that more than five children would trigger the licensing requirements through the Department of Social Services and the conditional use permit through the Department of Planning and Development. The applicant was present to answer questions from the Commission. There were no citizens present to speak either in favor or opposition to the proposed CUP. The Planning Commission unanimously voted to recommend approval of the CUP with all of the conditions proposed by the staff as follows: 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 (CUP) shall be erected on the property. 5. Other than those children residing on the property, there shall be no more than ten 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 Kriz was absent from the meeting.)