HomeMy WebLinkAbout07-22 PC Staff ReportCONDITIONAL USE PERMIT #07-22
OPEN DOOR KIDZ DAYCARE
Staff Report for the Planning Commission
Prepared: September 6, 2022
Staff Contact: Kayla Peloquin, Planner
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: 09/21/22 Pending
Board of Supervisors: 10/12/22 Pending
EXECUTIVE SUMMARY: This is a request for a day-care facility. The applicant proposes
utilizing an existing house on a 5.00 +/- acre lot for a day-care facility that is currently being
operated within the Open Door Baptist Church structure, located on an adjoining parcel. The
applicant proposes having seventy-four (74) children and thirteen (13) staff members to operate
the day-care from 7:30 a.m. to 5:30 p.m. Monday through Friday. The applicant plans to use the
existing Church entrance and driveway for day-care purposes and have vehicles loop around the
house and exit back onto Jeremiah Lane.
Should the Planning Commission find this use appropriate, staff would suggest the following
conditions be placed on the Conditional Use Permit (CUP):
1. All review agency comments and requirements shall be complied with at all times.
2. The applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and obtain a Frederick County Business License.
3. An engineered site plan, in accordance with the requirements of Part 802 of the Fredrick
County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County
prior to establishment of the use.
4. One business sign associated with this CUP shall be permitted on the property not to exceed
50 sq. ft and not to exceed 12’ in height.
5. Any expansion or change of use will require a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer
a recommendation concerning this application to the Board of Supervisors
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CUP #07-22 Open Door Kidz Daycare
September 6, 2022
LOCATION: The property is located at 281 Jeremiah Lane, Clearbrook.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33-A-123A
PROPERTY ZONING & PRESENT USE:
Zoned: RA Land Use: Residential (vacant)
ADJOINING PROPERTY ZONING & USE:
North: B3 Use: Agriculture
South: B2 Use: Agriculture
East: N/A Use: Interstate 81
West: M1 Use: Agriculture
PROPOSED USE: Day-Care Facility
REVIEW EVALUATIONS:
Planning and Zoning: The applicant proposes utilizing an existing house on a 5.00 +/- acre lot
for a day-care facility that is currently being operated within the Open Door Baptist Church
structure, located on an adjoining parcel. The applicant proposes having seventy-four (74)
children and thirteen (13) staff members to operate the day-care from 7:30 a.m. to 5:30 p.m. The
applicant plans to use the existing Church entrance and driveway for day-care purposes and have
vehicles loop around the house and exit back onto Jeremiah Lane.
The Frederick County Zoning Ordinance defines a day-care facility as “A facility in which more
than five children and/or adults, not including persons who are related by blood, marriage or
adoption to the people who maintain the facility, are received for care, protection, and guidance
during only part of the twenty-four-hour day.” (§165-101.02). A day-care facility is permitted in
the RA (Rural Areas) zoning district with an approved Conditional Use Permit (CUP).
The Northeast Frederick Land Use Plan (NELUP), contained in Appendix I of the
Comprehensive Plan, designates this parcel as “business.” The property is located within the
Sewer and Water Service Area (SWSA) and outside of the Urban Development Area (UDA).
The proposed CUP is consistent with the intent of the goals of the Comprehensive Plan.
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 671 (Cedar Hill Road), the VDOT
facility providing access to the property. The existing entrance is located on this portion of the
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CUP #07-22 Open Door Kidz Daycare
September 6, 2022
road meets VDOT entrance requirements. Based on this information, VDOT can support.
Frederick-Winchester Health Department: The existing alternative onsite sewage system
connected to 281 Jeremiah Lane is designed to accommodate a 3-bedroom dwelling at 450
gallons per day. It is not designed to accommodate the proposed use. A system would need to
be able to handle 10 gallons per day per student/kid and 15-35 gallons per day per employee. An
OSE/PE should be consulted to expand the system. The proposed use would also require the
office of Drinking Water (ODW) to approve the well. You should contact ODW/Culpeper to
discuss.
Frederick County Fire and Rescue: Disapproved Plans. The following conditions shall be met
for the fire Marshal’s Office prior to issuing a Conditional Use Permit:
1. Portable Fire Extinguisher shall be installed throughout the facility.
2. Proper Fire Department access roads shall be provided as outlined in the Frederick
County Fire Prevention Code.
3. Emergency White lights shall be installed and inspected throughout the structure.
4. Egress shall be provided as outlined in the Virginia Construction Code having an EXIT
door to the NFPA 13 standards throughout.
5. A Fire Alarm system shall be installed per NFPA 72 standards.
Frederick County Inspections:
A permit for a change of occupancy will be required and shall comply with the requirements of
the 2018 Virginia Existing Building code as well as the 2018 Virginia Construction Code
Sections 305 and 308.5.1 for educational use group.
Other codes that may apply are ICC/ANSI A117.1-2009 Accessible and Usable Buildings and
Facilities, International Fire Code 2018, Virginia Energy Code 2018, Virginia Mechanical Code
and the 2018 Virginia Plumbing Code.
All required exits shall meet ANSI A117.1-09. Exits shall terminate at a public way. A detailed
fire exiting plan shall be provided with the building plans to identify the location and travel
distance to the accessible exits. New exits may need to meet ANSI A117.1-09.
An accessible route shall be provided to the facility and to the main entrance. Handicap parking
shall comply with ANSI A117.1-1-09. Van accessible parking shall have a minimum of 11’
width with 5’ unloading area or a minimum of 8’ unloading area with an 8’ width. Maximum
2% slope required for parking and unloading.
Maximum threshold at door shall not exceed ½”. Walkways shall not exceed 5% slope. Slopes
exceeding 5% shall be designed as ramps.
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CUP #07-22 Open Door Kidz Daycare
September 6, 2022
Accessible parking and unloading area shall have a striped area leading to entrance when
traveling over vehicular.
This project will require a set of plans designed by a Virginia Registered Design Professional.
Frederick Water: This address is not currently connected to Frederick Water’s facilities,
otherwise there are not additional comments.
STAFF CONCLUSIONS FOR THE 09/21/22 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, staff would recommend the following
conditions be placed on the Conditional Use Permit (CUP):
1. All review agency comments and requirements shall be complied with at all times.
2. The applicant shall satisfy the licensing requirements of the Virginia Department of Social
Services and obtain a Frederick County Business License.
3. An engineered site plan, in accordance with the requirements of Part 802 of the Fredrick
County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County
prior to establishment of the use.
4. One business sign associated with this CUP shall be permitted on the property not to exceed
50 sq. ft and not to exceed 12’ in height.
5. Any expansion or change of use will require a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors