HomeMy WebLinkAbout21-01 BOS Staff ReportPC REVIEW: 12/05/01
BOS REVIEW: 01/23/02
CONDITIONAL USE PERMIT #21-01
MARY FANSLER
Daycare Facility
LOCATION: This property is located at 852 Butler Avenue.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54M-1-2-25
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) District;
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District;
Land Use: Residential and Open Space
PROPOSED USE: Daycare Facility
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Rt. 1333, 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.
Fire Marshal: Portable fire extinguishers and working smoke detectors recommended.
Requirements: Fire exit drills performed monthly (with records); fire extinguisher and smoke
detector maintenance. Plan approval is recommended.
Health Department: Proposed facility is connected to public sewer and water. Ms. Fansler
plans to take in less than 12 children so she does not have to meet the requirements of food
service regulations; therefore, the Health Department will not require a permit. The Health
Mary Fansler CUP #21-01
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January 16, 2002
Department has no objections to this conditional use.
Sanitation Authority: No comment.
Inspections Department: No comment required or change of use provided that applicant
is licensed by the state as Family Daycare under Virginia Department of Social Services.
Planning and Zoning: Day care facilities are permitted in the RP (Residential Performance)
Zoning District with an approved Conditional Use Permit. A 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 daycare facility is conducted within the principal structure. The surrounding properties
consist of residential uses; the nearest residence is located 25 feet from the principal structure.
The backyard area in which children would play is fenced. The residence is served by public
sewer and water. There were no disapproving agency review comments. Ms. Fansler is not
presently licensed by the Commonwealth of Virginia Department of Social Services as a
Family Day Home but has started the application process. She would like to have an
approved conditional use permit for the daycare facility before completing the licensing
requirements.
STAFF CONCLUSIONS FOR THE 12-05-01 PLANNING COMMISSION MEETING:
If the Planning Commission finds this use appropriate, staff recommends 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 daycare facility shall total no more than
ten (10).
3. No business sign shall be permitted.
4. All review agency comments shall be complied with at all times.
Mary Fansler CUP #21-01
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January 16, 2002
PLANNING COMMISSION SUMMARY & ACTION OF THE 12/05/01 MEETING:
There was one citizen comment, the daughter of an adjoining property owner at 129 Old Dominion
Drive, who expressed concerns about safety. She had questions regarding the size of the fenced -in
area where children will play; the number of care -givers that will be employed and the number of
children they will be responsible for; and how the area will be secured. The Planning Staff
commented that the concerns raised by the adjoining property owner will be addressed by the
Department of Social Services Regional Licensing Office during a site visit before conveying a
license.
One of the commissioners commented that the staff conclusions referred to ten children, however,
Ms. Fansler's application designates eight children. The Planning Staff noted that the number ten is
used to be consistent with other approved day care conditional use permits and to give the applicant
some flexibility, should the applicant desire to expand in the future.
No other issues were raised by the Commission. The Planning Commission believed the use was
appropriate and unanimously recommended approval, with 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 daycare facility shall total no more than
ten (10).
3. No business sign shall be permitted.
4. All review agency comments shall be complied with at all times.
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