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Home My WebLink About09-10 BOS Staff ReportCONDITIONAL USE PERMIT #09-10 4vcK COL JUDY TINGLE qw �� Staff Report for the Board of Supervisors w Prepared: January 7, 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 matte`. Reviewed Action Planning Commission: 01/05/11 Recommended Approval Board of Supervisors: 01/26/11 Pending EXECUTIVE SUMMARY: This is a request for a Cottage Occupation to enable an In-home Family Day Care Facility. The Planning Commission recommended approval, as presented, of this CUP at its January 5, 2011. Should the Board of Supervisors find this use appropriate, the Planning Commission recommended 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 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 eight (8) 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 this public hearing, 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. Page 2 CUP #09-10, Judy Tingle January 7, 2011 LOCATION: This property is located at 284 Tyler Drive (Hiatt's Run Subdivision). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 32-A-2-18 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Area) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Area) South: RA (Rural Area) East: RA (Rural Area) West: RA (Rural Area) Land Use: Residential Land Use: Residential Land Use: Orchard Land Use: Residential PROPOSED USE: This application is for a Cottage Occupation to enable an In-home Daycare Facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a conditional use permit for a home daycare for this property appears to have little measurable impact on Route 663, Tyler Drive, the VDOT facility which would provide access to the property. However, should use ever expand in the future, the entrance may have to be upgraded. Frederick County Fire Marshall: Plans approved as submitted. 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 -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 Page 3 CUP #09-10, Judy Tinglc January 7, 2011 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. PlanninE 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 proposed in-home daycare facility would be operating within the principal residential structure on a five acre lot. The applicant has made it clear that she does not want any business sign on her property advertising the business. Also, she does not want any other employees working at her home. 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 eight (8) 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 01/05/11 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 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 eight (8) 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. Page 4 CUP #09-10, Judy Tingle January 7, 2011 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 1/05/11 MEETING: A member of the Planning Commission observed a pool on the property and asked if the structure was in compliance with all of the County's building codes. The applicant replied the pool was inspected and approved last year. She said she has alarms at the doors and both upstairs and downstairs; she said she also has insurance coverage. A Commission member noted that the applicant will need to obtain approvals and licensing from various other agencies before operation. There were no public comments. The Planning Commission unanimously recommended approval 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 7:00 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 eight 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 daycare facility at any time. 7. Any expansion or change of use will require a new conditional use permit. (Note: Commissioner Thomas was absent from the meeting.) Following this public hearing, 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.