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HomeMy WebLinkAbout09-10 PC Staff ReportCONDITIONAL USE PERMIT #09-10 JUDY TINGLE Staff Report for the Planning Commission Prepared: December 15, 2010 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: 01/05/11 Pending 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. 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. 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 #09-10, Judy Tingle December 15, 2010 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) 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 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 Page 3 CUP #09-10, Judy Tingle December 15, 2010 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. 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 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. Page 4 CUP #09-10, Judy Tingle December 15, 2010 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.