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Home My WebLink AboutZTA201300004 Legacy Document 2013-06-24 (7)L r12Glist'' COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA- 2013 -04 Family Day Home amendment Work Session SUBJECT /PROPOSAL /REQUEST: STAFF CONTACT(S): Mr. Cilimberg, Ms. McCulley, and Ms. Ragsdale PRESENTER (S): Ms. Ragsdale PLANNING COMMISSION AGENDA DATE: June 11, 2013 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes BACKGROUND: The Virginia Department of Social Services (DSS) established a change, effective July 1, 2012, which requires child care providers renewing State license or seeking their first 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 in a home. The Virginia Code and 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 by the County's Zoning Ordinance. The ordinance uses the term Family Day Home for in -home child care providers and there are supplemental regulations that apply in Section 5.1.06 of the ordinance. (Attachment A)The fee for a day care special use permit is $1000 plus the cost of advertising. On April 2, 2013, the Planning Commission adopted a resolution of intent to consider amending the zoning ordinance regulations for Family Day Homes. (Attachment B) 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 by- right allowances for family day homes and further distinguish them from daycare centers. Staff has received input from the Albemarle County Department of Social Services. (Attachment C) Staff has notified existing Family Day Home providers in the County of this zoning text amendment along with the Community Advisory Councils. One existing provider has provided a packet of input from her clients (Attachment D). Based on this input, some of the benefits of increased family day home opportunities in the County include: 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 part -time care or the hours they are available to provide care. This allows them to serve parents who work evening, 24 -hour, or weekend shifts. We understand this is currently a gap for some families needing day care. Providing increased opportunities for pre - kindergarten learning. Potential to locate these services closer to where people live. PROPOSED CHANGES AND FOCUSED DISCUSSION: Staff is recommending the following to increase the by -right allowances in the ordinance for Family Day Homes and address associated impacts: 1) By -right provisions, including a zoning clearance process for family day homes caring for between 6 and 12 children; 2) Supplemental regulations; and 3) Abutting owner notification only for special exceptions. Page 1 ZTA 13- 04- Family Day Home Work Session June 11, 2013 - Planning Commission Family Day Home as a by -right use with Zoning Clearance approval -Staff recommends adding Family Day Home as a by -right use listed in the RA Rural Areas and Residential (PRD, PUD, NMD VR, R -1, R -2, R -4, R -6, R -10, R -15) districts. The proposed amendment would also revise the definition of Family Day Home to allow care for 6 to 12 children. Staff also recommends additional supplemental regulations discussed below. Staff believes that the limited scale of family day homes would not be detrimental to adjoining properties or change the character of residential or rural areas. This use has already been occurring in the County and Zoning has not received complaints on any licensed providers. There are currently nine licensed Family Day Homes in Albemarle County (see Attachment E), seven of which are licensed for up to 12 and two licensed for up to 8 children. Staff requested historical information from DSS and since 2005 there were 12 other family day homes licensed in Albemarle. Of those family day homes licensed in the past, eight have been licensed to care for up to 12 children and two licensed for up to eight. There are several other Virginia localities that allow care in the home of up to 12 children by- right, including Stafford County and Henrico County. Staff has also found in researching other localities, that the more common approval process for between 6 -12 children is the special exception process. (Attachment F) Staff recommends a zoning clearance ($50 fee) be required for family day homes of more than 6 children. A clearance cannot be required for 5 or fewer children in care because according to State Code Sectionl5.2 -2292 it must be treated as occupancy by a single family. (Attachment A) The zoning clearance review would confirm the proposed supplemental regulations discussed below are addressed. Supplemental Regulations -Staff believes the DSS licensing requirements adequately addresses the safety and wellness concerns with this use. Their standards address the following: Children's records, proof of age, immunizations, etc. and Caregiver records Household member information, physical health of caregivers and household members Caregiver training Physical environment and equipment, safety, hazards, home maintenance, poisonous materials, sharp objects, fire safety, machinery, garbage, rodents and insects, animals, heating and cooling, water supply, etc. Play equipment and materials, Indoor slides and climbing equipment, Outdoor play area and equipment Rest areas, Cribs, Linens *, Infant and toddler equipment, Play pens Care of children, need for additional caregiver, daily activities, behavioral guidance, parent notifications, swimming and wading activities Preventing spread of disease Medication Administration, Emergencies, Nutrition, Nighttime Care Transportation The County's existing supplemental regulations in Section 5.1.06 (Attachment A) require DSS licensing, Fire Marshal periodic inspection, and other local and state regulation compliance such as Health Department and Building Official approval. Staff believes there are some additional considerations that could be addressed in the supplemental regulations. These recommendations are based, in part, on review of common special use permit conditions for daycare /family day homes that have been approved in the past. Traffic- The table below provides estimated trip generation for residential uses and by -right uses permitted accessory to residential uses, in comparison to a Family Day Home with up to 12 children. Dwelling Unit Type or Land Use Average Vehicle Round Trips per Day Family Day Home <5 children at one time 10 Single Family Detached* 10 Family Day Home up to 12 children per day 24 Daycare center* 28 (per employee) Class A Home Occupation 14 /week waiver provision Major Home Occupation 1 0/day or 30 /week waiver provision) Source: *lTE Trip Generation 7 "' edition (rounded up) and Albemarle County Zoning Ordinance Page 2 ZTA 13- 04- Family Day Home Work Session June 11, 2013 - Planning Commission DSS allows 12 children at one time so providers could potentially care for more than 12 children throughout the course of a day, increasing vehicle trips within neighborhoods. The number of employees required by DSS depends on the number of children in a provider's care and their ages. If the Planning Commission is concerned about the resulting additional vehicle trips, staff recommends a limit of 24 to the number of vehicle trips a day that may be associated with a Family Day Home and a special exception process to exceed the daily limit, similar to the Major Home Occupation provisions of the ordinance. Parking- Staff recommends one parking space for the family day home use. The parking space may be located on -site or on- street. Commercial day care centers are required one parking space per 10 children. Staff also recommends one additional space per employee. The zoning clearance application for this use should require information regarding parking and staff would conduct an inspection to confirm adequacy of parking. Entrance /Access- Staff believes that the proposed ordinance change should allow for review and approval of the entrance /access to a Family Day Home. Staff is primarily concerned about Rural Areas properties, which may be located on a private road or rural roads in the County. Staff recommends a supplemental regulation, similar to language used for Farm Stands, allowing the Zoning Administrator to request review /approval of an entrance /access by the County Engineer or VDOT, if they deem it necessary. This would ensure that the minimum standards necessary to protect the public health, safety and welfare by providing safe ingress and egress will be met. Compliance with the identified entrance and access improvements would be a condition of approval of a zoning clearance for a Family Day Home in these circumstances. Abutting owner notification- Staff recommends notification only when a waiver /special exception is requested. The zoning ordinance requires abutting owner notifications for by -right uses such as farm stands, farm sales, and major home occupations. Family Day Homes would be treated as an accessory use with activities primarily within the interior of the residence. If the Commission recommends abutting owner notification for any family day home clearance application, regardless of a waiver, then staff recommends the same process already established for other by -right ordinance uses be followed. This would include a notice sent a minimum of 5 days prior to action, including a description of the proposed use and inviting comment. FOCUSED DISCUSSION: Staff is requesting Planning Commission input on these proposed changes with focused discussion on: 1) By -right provisions, including a zoning clearance process for family day homes caring for between 6 and 12 children 2) Supplemental regulations 3) Abutting owner notification only for special exceptions. RECOMMENDATIONS: Staff recommends that the Commission direct staff to draft ordinance language and set a date for public hearing. ATTACHMENTS: A. Albemarle County Zoninq Ordinance and Code of Virginia Sections pertaining to Family Day Homes B. Family Day Homes Resolution of Intent dated April 2, 2013 C. Albemarle County Department of Social Services input D. Public Input received from Gentle Care Daycare E. Albemarle County Existing Family Day Home Providers F. Peer Locality Family Day Home Regulations Page 3 ZTA 13- 04- Family Day Home Work Session June 11, 2013 - Planning Commission