HomeMy WebLinkAbout12-01 BOS Staff ReportPC REVIEW: 09/05/01
BOS REVIEW: 10/10/01
CONDITIONAL USE PERMIT #12-01
Mary C. Dixon
(Expansion of CUP #13-99, Daycare Facility)
LOCATION: This property is located at 128 Meadowbrooke Drive.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 8513-1-22
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: Expansion of 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 Route 1021, 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 commercial standards.
Fire Marshal: Portable fire extinguishers present, electric -operated and battery-operated
smoke detectors in use. No additional comments. Plan approval is recommended.
Inspections Department: No comment required provided dwelling is licensed as "Family
Day Home" by the State.
Health Department: Facility is on public sewer and public water. Daycare is serving less
than 12 children, so is not subject to Virginia restaurant regulations. The Health Department
has no objections to this conditional use.
Mary C. Dixon CUP #12-01
Page 2
September 28, 2001
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 currently operates
a daycare facility as permitted by previously approved CUP 413-99. As a condition of the
current CUP, the applicant is allowed only six (6) non-resident children. The applicant would
like to expand the CUP to allow up to ten (10) non-resident children.
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 daycare facility is conducted within the principal structure. The surrounding properties
consist of residential uses and are located 25 feet from the principal structure. Expansion of
the daycare facility would not be inappropriate at this location. Mrs. Dixon has no other
employees and is licensed by the Commonwealth of Virginia Department of Social Services
as a Family Day Home. The residence is on public sewer and water. There were no
disapproving agency review comments.
STAFF CONCLUSIONS FOR THE 09-05-01 PLANNING COMMISSION MEETING:
If the Planning Commission finds the expansion of 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 C. Dixon CUP #12-01
Page 3
September 28, 20011
PLANNING COMMISSION SUMMARY & ACTION OF 09/05/01:
The applicant and owner of the property stated that she currently has six children in her care and her
intention was only to include one infant who is the brother of another child in her care. She said this
will put her at seven children and currently, her State permit allows a capacity of six. She said that
this was her main reason for pursuing the expansion of her CUP.
There were no public comments.
The Commission voiced no adverse concerns about the expansion of the CUP and believed the
expansion would not be inappropriate at this location. The Commission unanimously recommended
approval with the same conditions as recommended by the staff, as follows:
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).
No business sign shall be permitted.
4. All review agency comments shall be complied with at all times.
(Note: Mr. Cordell Watt and Mr. S. Blaine Wilson were absent from the meeting.)
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