HomeMy WebLinkAbout14-02 BOS Staff ReportCONDITIONAL USE PERMIT #14E-02
BARBARA AND CASEY RAY
Staff Report for Board of Supervisors Action
Prepared: December 2, 2002
Staff Contact: Rebecca Ragsdale, Planner I
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 planning matter.
Planning Commission:
Board of Supervisors:
Reviewed
Action
11/20/02
Approval
12/11/02
Pending
LOCATION: This property is located at 1501 Jordan Springs Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 56-3-2-10
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) District;
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) and RA
(Rural Areas) Districts; Land Use: Residential
PROPOSED USE: Day Care Facility (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 664, the VDOT facility which
would provide access to the property. Existing entrance is adequate for proposed use.
However, should use ever expand in the future, the entrance may have to be upgraded to
VDOT minimum standards.
Inspections Department: No comment or change of use required if licensed as Family Day
Home by the state. Section 310.1 of The Virginia Uniform Statewide BuildinQCode.
CUP #14-02, Barbara and Casey Ray
Page 2
December 3, 2002
Fire Marshal: Recommend smoke detectors and portable fire extinguishers. Dry hydrant
located within 1,000 feet. Security of hot tub may be an issue. Fire evacuation should not
inhibit emergency vehicles from accessing driveway. Plan approval is recommended.
Health Department: See attached letter dated 10/15/02 from Doug Dailey and Steve Lee.
Planning and Zoning: Day care facilities are permitted in the RP (Residential Performance)
Zoning District with an approved Conditional Use Permit. 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 would be conducted within the principal structure on the two -
acre property. The applicant does not propose to have employees and would care for no
more than 12 children. There were no disapproving agency review comments. The applicant
is in the process of obtaining a license with Commonwealth of Virginia Department of Social
Services as a Family Day Home.
STAFF CONCLUSIONS FOR THE 11-20-02 PLANNING COMMISSION MEETING:
Should the Planning Commission determine that this request is appropriate, staff would suggest the
following conditions:
The applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and the County of Frederick.
2. The number of non-resident children allowed at this day care facility shall total no more than
twelve (12).
Any proposed business sign shall conform to Cottage Occupation sign requirements and
should not exceed four (4) square feet in size.
4. All review agency comments shall be complied with at all times.
Any expansion or change of use will require a new Conditional Use Permit (CUP)
CUP #14-02, Barbara and Casey Ray
Page 3
December 3, 2002
PLANNING COMMISSION SUMMARY & ACTION OF 11/20/02:
The applicant explained that State licensing requirements allows her to care for a maximum of eight
children, ages 3 to 4, or a maximum of 12 older children without additional employees. She did not
plan on having additional employees, but wanted her conditional use permit to allow for the maximum
number of children permitted under the State licensing requirements.
One citizen, a neighbor residing at 1482 Jordan Springs Road, was opposed to the conditional use
permit because of the possible negative impact this business might have on the neighboring residential
property values.
The Planning Commission had no outstanding concerns with this request and recommended approval
with the same conditions recommended by the staff, as follows:
1. The applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and the County of Frederick.
2. The number of non-resident children allowed at this day care facility shall total no more than
twelve (12).
Any proposed business sign shall conform to Cottage Occupation sign requirements and
should not exceed four (4) square feet in size.
4. All review agency comments shall be complied with at all times.
5. Any expansion or change of use will require a new Conditional Use Permit (CUP).
(Please note: Commissioners Fisher and Ours abstained; Commissioners Kriz, Rosenberry, and Unger
were absent from the meeting.)
0:\Agendas\COMMENTS\CUP's\2002\Barbara & Casey Ray.wpd