HomeMy WebLinkAboutZTA201300004 Legacy Document 2013-05-14COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2013 -TBD Family Day Homes - Resolution of
Intent
SUBJECT /PROPOSAL /REQUEST: Amend the
Family Day Home Zoning Ordinance regulations
STAFF CONTACT(S):
Messrs. Cilimberg; Messes. McCulley and Ragsdale
LEGAL REVIEW:
AGENDA DATE:
April 2, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: YES
REVIEWED BY:
BACKGROUND:
The Virginia Department of Social Services (DSS) established an administrative change that became effective July 1,
2012, which among other things requires child care providers renewing their State license or seeking their first State
license for a "Family Day Home" to have the local Zoning Administrator sign a form acknowledging the provider's plan
to seek a license. Family Day Homes may be licensed by DSS to care for up to 12 children.
The current Zoning Ordinance regulations allow caring for 5 or fewer children, exclusive of the provider's family, in a
residence without the need for a zoning permit. If 6 or more children are cared for, then a special use permit is
required. The ordinance uses the term Family Day Home for in -home child care providers and there are supplemental
regulations that apply in Section 5 of the ordinance. (See Attachment A- Zoning Ordinance definition and regulations
for Family Day Homes) The fee for a day care special use permit is $1000 plus the cost of advertising.
After the DSS change went into effect, a number of providers began contacting Zoning staff. Some family day home
providers have been licensed with DSS for up to 12 children, but were not aware of the special use permit
requirement. Staff has met with several providers in pre - application meetings to discuss the special use permit
process and fees. Staff has also met with the County's department of Social Services regarding the issue.
DISCUSSION:
Both Social Services and Community Development believe it is appropriate to consider changes to the Zoning
Ordinance regulations that would fully reflect the Code of Virginia allowances for family day homes and further
distinguish them from daycare centers. DSS licensed family day homes provide a public benefit by:
• Providing additional high - quality childcare options to families, which may be more affordable. Funding sources
to assist families with childcare costs is steadily decreasing.
• Offering greater flexibility as to the hours they are available to provide care, which allows them to serve
parents who work evening, 24 -hour, or weekend shifts.
• Providing increased opportunities for pre- kindergarten learning.
In lieu of processing special use permits for multiple providers, staff believes the staff time that would be required to do
so would be better used developing zoning text amendments that reflect the provisions of State Code Section 15.2-
2292 (Attachment A), including an amendment that provides for an administrative process for family day homes of up
to 12 children.
While not in the current Community Development work program, staff believes that the existing circumstances for
several provides make this is an urgent issue to address. Furthermore, it is in keeping with County Strategic Plan Goal
Page 1- Family Day Homes Resolution of Intent
April 2, 2013 Planning Commission
5.a: Work in conjunction with key community partners to establish multidisciplinary teams to address specific public
health and safety issues, emerging trends, and /or vulnerable groups.
RECOMMENDATIONS:
Adopt the attached resolution of intent (Attachment B) to consider amending the County's regulations for family day
homes.
Once the resolution of intent is adopted, staff will work on developing a public process and schedule for this zoning
text amendment.
ATTACHMENTS
A. Albemarle County Zoning Ordinance and Code of Virginia provisions for Family Day Homes
B. Resolution of Intent - Family Day Homes
Page 2- Family Day Homes Resolution of Intent
April 2, 2013 Planning Commission
Attachment A
Albemarle County Zoning Ordinance
Day care center: An establishment operated for the purpose of providing care, protection and guidance to a group
of six (6) or more children under the age of thirteen (13) during the absence of a parent or guardian during a part
of a day, and includes those establishments commonly known as preschools and nursery schools. The term "day
care center" does not include: (1) an establishment licensed and regulated as a summer camp pursuant to Virginia
Code § 35.1 -1 et seq.; (2) a school extended day enrichment program; (3) a school, unless such school is operating
a day care center outside of regular classes; and (4) a Sunday school conducted by a religious institution or a
facility operated by a religious organization where children are cared for during short periods of time while
persons responsible for such children are attending religious services. The uses identified in this chapter as "child
care," "day care," "nurseries" (for children) and "nursery facilities" are day care centers. (Added 10 -3 -01)
Family day home: A dwelling unit where care, protection and guidance is provided to a group of more than five
(5) children under the age of thirteen (13), exclusive of the provider's family, during the absence of a parent or
guardian during a part of a day. A single - family dwelling having five (5) or fewer children is a single - family
residential use. (Added 10 -3 -01)
5.1.06 DAY CARE CENTER, FAMILY DAY HOME
Each day care center or family day home shall be subject to the following: (Added 10 -3 -01)
a. No such use shall operate without the required licensure by the Virginia Department of Social Services. It shall be the
responsibility of the owner /operator to transmit to the zoning administrator a copy of the original license. Failure to do so
shall be deemed willful noncompliance with the provisions of this chapter; (Amended 10 -3 -01)
b. Periodic inspection of the premises shall be made by the Albemarle County fire official at his discretion. Failure to
promptly admit the fire official for such inspection shall be deemed willful noncompliance with the provisions of this
chapter; (Amended 10 -3 -01)
c. These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the
requirements of the Virginia Department of Social Services, Virginia Department of Health, Virginia State Fire
Marshal, or any other local, state or federal agency. (Amended 10 -3 -01)
Code of Virginia
§ 15.2 -2292. Zoning provisions for family day homes.
A. Zoning ordinances for all purposes shall consider a family day home as defined in § 63.2 -100 serving one through five
children, exclusive of the provider's own children and any children who reside in the home as residential occupancy by a
single family. No conditions more restrictive than those imposed on residences occupied by persons related by blood,
marriage, or adoption shall be imposed upon such a home. Nothing in this section shall apply to any county or city which
is subject to § 15.2 -741 or § 15.2 -914.
B. A local governing body may by ordinance allow a zoning administrator to use an administrative process to issue
zoning permits for a family day home as defined in § 63.2 -100 serving six through twelve children, exclusive of the
provider's own children and any children who reside in the home. The ordinance may contain such standards as the local
governing body deems appropriate and shall include a requirement that notification be sent by registered or certified
letter to the last known address of each adjacent property owner. If the zoning administrator receives no written objection
from a person so notified within thirty days of the date of sending the letter and determines that the family day home
otherwise complies with the provisions of the ordinance, the zoning administrator may issue the permit sought. The
ordinance shall provide a process whereby an applicant for a family day home that is denied a permit through the
administrative process may request that its application be considered after a hearing following public notice as provided
in § 15.2 -2204. The provisions of this subsection shall not prohibit a local governing body from exercising its authority,
if at all, under subdivision A 3 of § 15.2 -2286.
Page 3- Family Day Homes Resolution of Intent
April 2, 2013 Planning Commission
Attachment B
RESOLUTION OF INTENT
WHEREAS, family day homes providing child care services in a dwelling for 5 or fewer children
are considered and regulated as a single family use under Virginia Code § 15.2 -2292 and the Albemarle
County Zoning Ordinance; and
WHEREAS, family day homes providing child care services in a dwelling unit for between 6 and 12
children are licensed and regulated by the Virginia Department of Social Services and currently are allowed
in Albemarle County only by special use permit and are subject to supplemental regulations in County Code
§ 18- 5.1.06; and
WHEREAS, family day homes provide critical child care services for families that may not
otherwise be able to reasonably obtain child care services from other child care providers because family day
homes may provide more flexible hours and weekend services, and be more affordable; and
WHEREAS, upon a review of those family day homes licensed for between 6 and 12 children and
the impacts resulting therefrom, as well as the absence of complaints from neighbors about the use, family
day homes for between 6 and 12 children do not present unique impacts requiring the case -by -case review
under the special use permit process; and
WHEREAS, it is now desired to consider amending the regulations in the Zoning Ordinance to
allow family day homes for between 6 and 12 children by right, subject to reasonable and appropriate
performance standards in County Code § 18- 5.1.06.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a
resolution of intent to consider amending County Code §§ 18 -3.1, 18- 5.1.06 and any other sections deemed
appropriate, as described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on
this resolution of intent, and return its recommendations to the Board of Supervisors at the earliest possible
date.
Page 4- Family Day Homes Resolution of Intent
April 2, 2013 Planning Commission