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HomeMy WebLinkAbout08-10 PC Staff ReportCONDITIONAL USE PERMIT #08-10 GISELLA QUEVEDO Staff Report for the Planning Commission Prepared: October 26, 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 Pending 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. 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 two (2) employees 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 #08-10, Gisella Quevedo October 26, 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 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 Page 3 CUP #08-10, Gisella Quevedo October 26, 2010 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 two (2) employees 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.