The URL can be used to link to this page

Home My WebLink About08-10 BOS Staff ReportCONDITIONAL USE PERMIT #08-10 GISELLA QUEVEDO Staff Report for the Board of Supervisors Prepared: November 22, 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: 11/17/10 Recommended Approval Board of Supervisors: 12/08/10 Pending EXECUTIVE SUMMARY: This is a request for a Cottage Occupation to enable an In-home Day Care Facility. The Planning Commission at its November 17, 2010 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 7:00 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 should 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 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 #08-10, Gisella Quevedo November 22, 2010 LOCATION: This property is located at 110 Marlise Lane in the Steeplechase Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55J-2-1-44 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 Daycare Facility. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a special use permit for this property appears to have little measurable impact on Marlise Lane within Steeplechase Subdivision. 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 as submitted. Frederick County Inspections: No change of use permit is required provided the existing dwelling has a Certificate of Occupancy and oversight is provided by the Virginia Department of Social Services. Frederick County Sanitation Authority: There is adequate water and sewer capacity to serve this site; there is adequate water pressure to serve this site. Frederick-Winchester Health Department: A food permit is only needed if the facility serves Page 3 CUP #08-10, Gisella Quevedo November 22, 2010 more than 12 people (staff & students). Please contact the Department of Social Services to meet any regulations they require which may include a complementary inspection annually by the Health Department, if 12 or fewer are served. If a food permit is required, please make application to the office and a plan review will be done to ensure the facility can meet minimum requirements. 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 proposed in-home daycare facility would be operating within the principal residential structure on a quarter acre lot in the recently approved Steeplechase single-family subdivision. The applicant is proposing to have two (2) employees, one now and one later if needed, and would care for no more than twelve (12) children, ages ranging from eight (8) weeks old to twelve (12) years old. 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, but will not be granted until approval of Conditional Use Permit (CUP). STAFF CONCLUSIONS FOR THE 11/17/10 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 7 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. The number of non-resident children allowed at this daycare facility shall total no more than twelve (12). 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 #08-10, Gisella Quevedo November 22, 2010 SUMMARY AND ACTION OF THE 11/17/10 PLANNING COMMISION MEETING Members of the Planning Commission had questions and discussed a number of issues regarding the proposed in-home day care. It was determined that many of the issues were regulated by the Department of Social Services, the Health Department, and the Building Official. Specifically, those issues included: the number of children allowed per square footage of indoor space and outdoor play areas; the ratio of children to employees; the number of people allowed to be fed on the premises; the number of bathrooms on the premises; and the type of health system available. Staff noted that along with making a determination about whether this conditional use permit was appropriate at this location, the maximum threshold of children and employees could be set; subsequently, with the approval of the permit, the Department of Social Services would determine the exact number of children and adults that could fit onto the property based on square footage. The applicant said she already had one employee and her employee brings her own lunch. The applicant will only provide food for up to 12 children, per Health Department regulations. The applicant said she spoke with her neighbors and the homeowners association and no one expressed any problems, as long as no signs were erected or modifications made to the outside of the residence. There were no citizen comments. The Planning Commission unanimously recommended approval of the conditional use permit 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 7:00 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 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. Page 5 CUP #08-10, Gisella Quevedo November 22, 2010 7. Any expansion or change of use will require a new conditional use permit. (Note: Commissioners Madagan and Unger were absent from the meeting.)