HomeMy WebLinkAbout08-03 BOS Staff ReportCONDITIONAL USE PERMIT #08-03
Laine Sidell Everhart
Staff Report for the Board of Supervisors Meeting
Prepared: August 11, 2003
Staff Contact: Rebecca Ragsdale
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
Planning Commission: 08/6/03
Board of Supervisors: 08/27/03
LOCATION: 104 Appomattox Drive
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 75J-6-11-215
Action
Recommended Approval
Pending
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) District;
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District;
Land Use: Residential
PROPOSED USE: Daycare Facility -State Licensed Family Day Home
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 1143, the VDOT facility which
would provide access to the property. Existing entrance is adequate for proposed use.
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ibvweve , should use ever expand In the nature, the entrance may have to be upgraded to
VDOT minimum standards.
Inspections Department: No comment or change of use permit required if existing dwelling
is licensed as family day home by the State.
CUP #08-03, Laine Sidell Everhart
Page 2
August 11, 2003
Fire Marshal: Recommend portable fire extinguishers.
Health Department: Health Department has no objection as long as this dwelling is
connected to Frederick County Sewer and Water.
Sanitation Authority: No comment
Planning and Zoning: Day care facilities are permitted in the RP (Residential Performance)
Zoning District with an approved Conditional Use Permit. The applicant's proposed use
satisfies the day care facility definition in the Zoning Ordinance. Specifically, a day care
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 day care facility will be conducted in the finished basement and first floor of
the principal structure. The residence is served by public sewer and water. The applicant
indicates that the children would play in the fenced back yard of the parcel. A permanent
open space easement is located across the rear yard of the subject parcel, extending from the
applicant's fence line to the rear property line. It is noted that the surrounding properties
consist of residential uses.
The applicant currently provides daycare in her home for less than five children. The
applicant has prior experience operating a day care facility from her previous residence,
where she was licensed by Social Services. She is currently seeking licensing as a Family
Day Home through the State Department of Social Services for her present residence, and
that application is still pending. The applicant will employ only one assistant and does not
wish to have a business sign.
The applicant has agreed to operate the proposed day care facility pursuant to the set of
conditions included with this staff report. Given these conditions and the characteristics of
the subject parcel, it is anticipated that the proposed use will have minimal impact on the
surrounding community.
STAFF CONCLUSIONS FOR THE 08/06/03 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, staff would recommend the following
conditions.
All review agency requirements shall be complied with at all times.
CUP #08-03, Laine Sidell Everhart
Page 3
August 11, 2003
2. Any expansion or change of use shall require a new conditional use permit.
3. Only one employee shall be permitted.
4. No business sign(s) shall be permitted.
5. The number of non-resident children allowed at this day care facility shall total no more than
eight (8).
6. The applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and the County of Frederick.
PLANNING COMMISSION SUMMARY & ACTION OF 08/06/03 MEETING:
Mr. John Sidell, the applicant's father, stated that the daycare will be in operation from 7:00 a.m. to
4:30 p.m., Monday through Friday, except holidays. He said that State licensing has been approved
and is effective beginning August 1, 2003. In response to a question from the Commission, Mr.
Sidell said there are no planned changes to the structure or property to accommodate the daycare;
he noted that the rear portion of the property is fenced. There were no public comments.
The Planning Commission unanimously recommended approval of Conditional Use Permit #08-03
of Laine Sidell Everhart for a daycare facility with all of the same conditions as recommended by
the staff, as follows:
All review agency requirements shall be complied with at all times.
2. Any expansion or change of use shall require a new conditional use permit.
3. Only one employee shall be permitted other than members of the household.
4. No business sign(s) shall be permitted.
The number of non-resident children allowed at this day care facility shall total no more than
eight (8).
6. The applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and the County of Frederick.
(Please note: Commissioner Watt was absent from the meeting.)