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Home My WebLink About01-13 Judy Tingle Day Care - Stonewall - BackfileCUP TRACKING SHEET OPEN FILE: ile opened Reference Manual updated/number assigned D-base updated Location maps requested from Mapping Dept. F Adjoiner list given to Planner Application Action Summary updated Planning Commission Meeting Board of Supervisors Meeting CLOSE FILE: Approval (or denial) letter mailed to applicant, copy to Inspections Dept., copy to file and other cc's File stamped "approved", "denied" or "withdrawn" Reference manual updated D-base updated Application Action Summary updated Sys ID # c DATE_��NO. RECEIVED ❑ FOR RENT FOR AMT. OF CASH ACCOUNT AMT. PAID + CHECK BALANCv E DUE ORDER DOLLARS $ o-1 RECOPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 19, 2013 Ms. Judy Tingle 284 Tyler Dr. Clearbrook, VA 22624 RE: CUP #01-13 Property Identification Number 32A-2-18 Dear Ms. Tingle: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on March 13, 2012. Conditional Use Permit #01-13 was approved for use as an In -home Family Day Care Facility. Conditions associated with the approval of this Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6 a.m. to 7 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this Conditional Use Permit (CUP) shall be erected on the property. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one (1) employee working at the day care at any time. 7. Any expansion or change of use will require a new Conditional Use permit. If you -have any questions re s `•' Sincerely,'% i Dana M. Johnst Zoning Inspector ;; DMJ/bad this action, please feel free to call this office. cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Dent Street, Suite 202 a Winchester, Virginia 22601-5000 f COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: March 19, 2013 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Ms. Judy Tingle. She had a deposit for one sign for Conditional Use Permit #01-13. Ms. Tingle has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd Judy Tingle 284 Tyler Drive Clear Brook, VA 22624 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 CO CONDITIONAL USE PERMIT #01-13 G� 3 UDY TINGLE w Staff Report for the Planning Commission w Prepared: February 4, 2013 ;18 Staff Contact: Dana M. Johnston, Zoning Inspector 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: 02/20/13 Pending Board of Supervisors: 03/13/13 Pending EXECUTIVE SUMMARY: This is a request for a revision to the requirements under Conditional Use Permit #09-10, approved by the Board of Supervisors on January 26, 2011, enabling an In -home Family Day Care Facility. This request is for the purpose of increasing the number of children being cared for at any given time. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6 a.m. to 7 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this Conditional Use Permit (CUP) shall be erected on the property. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one (1) employee working at the day care at any time. 7. Any expansion or change of use will require a new Conditional Use permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 0 Page 2 CUP 401-13, Judy Tingle February 4, 2013 LOCATION: This property is located at 284 Tyler Drive (Hiatt's Run Subdivision). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 32A-2-18 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Area) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Area) South: RA (Rural Area) East: RA (Rural Area) West: RA (Rural Area) Land Use: Residential Land Use: Residential Land Use: Orchard Land Use: Residential PROPOSED USE: This is a request for a revision to the requirements under Conditional Use Permit #09-10, approved by the Board of Supervisors on January 26, 2011, enabling an In -home Family Day Care Facility. This request is for the purpose of expanding Conditional Use Permit #09-10 to allow for 12 children, rather than eight, being cared for at any given time. REVIEW EVALUATIONS: Frederick -Winchester Health Department: The Health Department would have no objection to the proposal based on the following conditions: 1) The permitted water use of 600 gallons per day (gpd) for the existing sewage disposal system is not to be exceeded on any day. The water use is calculated as follows: • 75 gpd per resident of the dwelling • 10 gpd per child in the daycare without showers or baths • 16 gpd per child in the daycare with showers or baths • 25 gpd per employee 2) Only prepackaged food and beverages (including water) are to be served to the children in the day care. A change in capacity exceeding the maximum of 12 that you have proposed would require a food permit from the Heath Department. 0 • Page 3 CUP #01-13, Judy Tingle February 4, 2013 Planning and Zoning: An in -home daycare facility is a permitted use as a cottage occupation in the RA (Rural Areas) zoning district with an approved Conditional Use Permit. The in -home 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 Department of Social Services currently has Ms. Judy Tingle licensed for a capacity of eight (8) children. With the approval of a new Conditional Use Permit, The Department of Social Services has granted approval to allow Ms. Tingle to increase the capacity to a maximum of twelve (12) children. The current in -home daycare facility is operating within the principal residential structure on a five acre lot, and staff to date has not received any complaints as it relates to the existing in -home daycare. All the following approved conditions will remain the same except condition number five, which will allow no more than twelve (12) children being cared for at any given time. STAFF CONCLUSIONS FOR THE 02/20/13 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 6 a.m. to 7 p.m., Monday through Friday. 3. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 4. No business sign associated with this Conditional Use Permit (CUP) shall be erected on the property. 5. Other than those children residing on the property, there shall be no more than twelve (12) children being cared for at any given time. 6. Other than those persons residing on the property, there shall be no more than one (1) employee working at the day care at any time. 7. Any expansion or change of use will require a new Conditional Use permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. • REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand deliver this form. Applicant's name, address and phone number: 55<U -, -�� -In/a Name of development and/or description of the request: Location: Health Department Comments: Signature and Date: �vU (NOTICE TO HEALTH DEPT*PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. • • Lord Fairfax Health District LORD Frederick / Winchester Environmental Health VIRGINIA FAIUJAX 107 North Kent Street - Suite # 201 ID VDEPARTMENT Winchester, Virginia 22601 OF HEALTH HEALTH DISTRICT Tel. (540) 722-3480 - Fax (540) 722-3479 Protecting You and Your Environment www.vdh.virginia.gov January 25, 2013 Judy Tingle 234 Tyler Drive Clearbrook, VA 22624 Re: Request for Conditional Use Permit Comments; Home day care Tax Map # 32A-2-18 Dear Mrs. Tingle: The health department would have no objection to the proposal based on the following conditions: 1) The permitted water use of 600 gallons per day (gpd) for the existing sewage disposal system is not to be exceeded on any day. The water use is calculated as follows: 75 gpd per resident of the dwelling 10 gpd per child in the daycare without showers or baths 16 gpd per child in the daycare with showers or baths 25 gpd per employee 2) Only prepackaged food and beverages (including water) are to be served to the children in the day care. A change in capacity exceeding the maximum of 12 that you have proposed would require a food permit from the health department. Please contact this office with any questions at the above phone number. Sincerely, Doug D iley, EHSS 46A1Pn--- Mason Allen, Supervisor JAN 3 1 2013_. E __J FncDEriiUK COUNTY COMMONWEALTH of VIRGINIA P, ...� c DEPARTMENT OF SOCIAL SERVICES January 16, 2013 To Whom It May Concern: Please be advised that Judy Tingle Family Day Home is currently licensed for a capacity of eight children. The capacity is limited by Conditional Use Permit #09-10, issued by Frederick County Department of Planning and Development. With the approval of a new Conditional Use permit, the program's capacity could be increased to a maximum of twelve (12) children. If you have questions, I may be contacted at (540) 332-9163. Sincerely, Carol A. Mayer Troxell Licensing Inspector/Trainer VALLEY LICENSING OFFICE 57 BEAM LANE, SUITE 102, FISHERSVILLE, VIRGINIA 22939 MAIN TELEPHONE (540) 332-2330 FAX: (540) 332-7748 • REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand deliver this form. Applicant's name, address and phone number: Name of development and/or description of the request: Oome �cavc rP Location: 1 s-T n n I A i � • r` � % � _ r r 1 r i -, , fir- �,�- , -}-�`/ � e. !i'G z i CTArte `� �` r+c.1c )�v4 Health Department Comments: Ile Signature and Date: 12-1 (NOTICE TO HEALTH DE *PLEASE kETUTHISIFORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application fonm, location map and all other pertinent information. 0 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 27, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #01-13 FOR JUDY TINGLE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, March 13, 2013, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #01-13 for Judy Tingle, for a revision to the requirements under Conditional Use Permit #09-10 enabling an In -home Family Day Care Facility. This request is for the purpose of increasing the number of children being cared for at any given time. The property is located at 284 Tyler Drive, and is identified with Property Identification Number 32A-2-18 in the Stonewall Magisterial District. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available -bsite at www.frederickcountyva.gov. DMJ/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 i This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: -- - --- - -- - - -- --- - - 32A - 2- - 18- TINGLE JUDY D 284 TYLER DR CLEAR BROOK VA 22624.1652 32 - A- - 46- FOXTRAPLLC 1756 APPLE PIE RIDGE RD WINCHESTER VA 22603.3307 32A - 2- - 19- PARRISH RUSSELL 0 I & DEBRA L LIPSCOMB 280 TYLER OR CLEAR BROOK VA 22624.1652 i 32A - 2- • 17 - - MCGILLOWAY JAMES T MCGILLOWAY JENNIFER C 304 TYLER DR CLEAR BROOK VA 22624.1662 32 - A- - 45- -- -- -'} RUSSELL D K & SONS INC PO BOX 249 CLEAR BROOK VA 22624.0249 32A - 2- - 6- LANGLEY MICHAEL DAVID LANGLEY KIRSTEN D 291 TYLER DR CLEAR BROOK VA 22624.1652 STATE OF VIRGINIA COUNTY OF FREDERICK C M. Johns n, Zoning Inspector rick Cou ty Planning Dept. I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Dana M. Johnston, Zoning Inspector, for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 8, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #01-13 FOR JUDY TINGLE On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 20, 2013, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit 901-13 for Judy Tingle, for a revision to the requirements under Conditional Use Permit #09-10 enabling an In -home Family Day Care Facility. This request is for the purpose of increasing the number of children being cared for at any given time. The property is located at 284 Tyler Drive, and is identified with Property Identification Number 32A-2-18 in the Stonewall Magisterial District. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available iv a the}Planning Departnignt's.website at www.fiederickcoup yva.gov. t� Dana l Johnston Zoning Inspector DMJ/bad 6 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 9 0 This is to cei ify hat the attached correspondence was mailed to the following on 3. from the Department of Planning and Development, Frederick County, Virgi ia: 32A - 2- - 18 32A 2 6 TINGLE DY D LANGLEY MICHAEL DAVID 284 TYLERERDR LANGLEY KIRSTEN D CLEAR BROOK VA 22624-1652 - 291 TYLER DR - - 32 -A- - 46 - CLEAR BROOK VA 22624-1652 FOXTRAPLLC - - - 1756 APPLE PIE RIDGE RD WINCHESTER VA 22603.3307 32A - 2 19 PARRISH RUSSELL 0 & DEBRA L LIPSCOMB 280 TYLER DR CLEAR BROOK VA 22624.1652 32A - 2• - 17-� 'MCGILLOWAY JAMES T MCGILLOWAY JENNIFER C 304 TYLER DR CLEAR BROOK VA , _ 22624.1662- 32 - A- - 45- RUSSELL D K & SONS INC PO BOX 249 CLEAR BROOK VA 22624.0249 n Dana M. Johnston Zoning Inspector Frederick County/Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do her y certify that Dana W Johnston, Zoning Inspector, for thp Department of Planning and Development, whose naive is signed to the foregoing, dated _ ,has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this.�& day of 0 My commission expires on Q�ljzlz-, EREIG'31STRATION ERLY H, DELLINGERNOTARY PUBLIC # FV331 IRGINOTARY PUB )IC ONWEALTIi OE VIRGINIAO COMMISSION 31 01XRPIRES --0-,0 1 7. Adjoining Property: 60 e USE -"� iS ' Easrttli * To. BARBARA-DATA PROCESSING FROM:BEV - PI nning Dept. Please prin sets of lab HANK ZONING South West 8. The type of use proposed is (consult with the Planiv.ng Dept. before completing) 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, finks, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME (_• L (2 ADDRESS PROPERTY ID#' J �ef<;-,ADDRESS S'f 01ea Br-cL k- ' Y GU PROPERTY ID# i )' - / V r9 21� x NAME 6 a, rn � S _ �� . r� n c.r ADDRESS G=/ l �rZ c J C-0 _ _Lcz PROPERTY ID## ADDRESS / v� 7 NA -NM PROPERTY ID# 2 - NAME i c S S cf / l i /�� 7)r 1� 1�,� 7�P,�; pADDRE PROPERTY ID#- �2 42l NAME ADDRESS PROPERTY ID# RUN DATE: 1/17/2013 PAYMENTS BY MAP NUMBER PAGE: 1 Denotes information retrieved from the Cleared file. T R A N S A C T I O N DRAWER RUNNING AX PAYER DEPT TICKET # NUMB. TYPE DATE AMOUNT NO. CHECK NUMBER BALANCE T MAP NUMBER: 32A _ 2 18 TINGLE JUDY.D RE2012 38775-0001 14159 PAY 2012/06/O5 1,159.18CR CWO WFARGO WIRE 1,159.1 TINGLE JUDY D RE2012 38775-0002 14191 PAY 2012/11/28 1,159.18CR CWO WFARGO WIRE 2,318.36CR 0 Initials Date & Time' Candice Mark C --- i � ,:Dan Eric Mike John COMMENTS: (S:Offlce on Blackbox\Forms\Document Approval For =08/15/12)