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HomeMy WebLinkAboutZTA201300004 Legacy Document 2013-08-27Lr�2C;1�1� COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA- 2013 -04 Family Day Homes SUBJECT /PROPOSAL /REQUEST: Public hearing on proposed draft ordinance to amend family day home regulations. STAFF CONTACT(S): Mr. Cilimberg, Ms. McCulley, and Ms. Ragsdale PRESENTER (S): Ms. Ragsdale PLANNING COMMISSION AGENDA DATE: August 6, 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 a State license or seeking their first license for a "Family Day Home" to contact their local zoning administrator. 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. The fee for a day care special use permit is $1000 plus the cost of advertising. After this DSS change, many providers licensed to care for up to 12 children began contacting zoning staff and realized they were not in compliance with the zoning ordinance because they were not aware of the special use permit requirement. There are currently nine licensed Family Day Homes in Albemarle County, seven of which are licensed for up to 12 and two licensed for up to 8 children. None of these providers have a special use permit and there have been no zoning complaints received. Staff requested historical information from DSS and since 2005 there were ten other family day homes licensed in Albemarle for between 8 -12 children without obtaining special use permits. Zoning staff has also been contacted and met with the County's local Social Services Department on the issue. 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. Based on this recommendation from staff, the Planning Commission adopted a resolution of intent on April 2, 2013 to consider amending the zoning ordinance regulations for Family Day Homes. (Attachment 1) The Planning Commission discussed an outline of proposed ordinance changes in a work session at their June 11, 2013 meeting and received public comment. (Attachment V) The Commission was supportive of the proposal to allow caring for 6 to 12 children in a family day home with a zoning clearance process and no longer requiring a special use permit. There was discussion about the state code requirement that abutting owners be notified of a family day home application. The Commission directed staff to draft the proposed ordinance amendment for public hearing and to address impacts to adjoining properties and to define the approval process for applications that receive neighbor objection. (Attachment 11) Origin of this Amendment: This amendment was initiated by the Planning Commission on April 2, 2013 after a recommendation from Community Development and Albemarle County Department of Social Services (Attachment 1). Page 1 ZTA 13- 04- Family Day Home Public Hearing August 6, 2013 - Planning Commission Public Purposes to be served: ACDSS has stressed the importance of high quality childcare availability and the growing need for it in the community. 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. Ordinance Amendment Criteria: Based on prior Board direction, staff reviews ordinance amendment impacts under the following additional criteria: Administration / Review Process: A more streamlined and predictable review process is proposed with a zoning clearance application, and special exception if needed, rather than a more lengthy special use permit process. Housing Affordability: There is no discernible impact on housing costs. Implications to Staffing / Staffing Costs: This amendment may potentially save staff some time by going from a special use permit process to zoning clearance process to approve family day homes. Staff believes that there will be savings of staff time because the zoning clearance process is more streamlined and predictable. Zoning clearances that may be approved administratively could take as little as 4 -6 weeks to approve while a special use permit process can take as long as 4 -6 months. There will be an initial workload implication to process zoning clearances for existing licensed providers, and special exceptions, if necessary, but in the following years staff believes there will actually be a cost savings using the zoning clearance process as compared to the special use permit process. PROPOSED CHANGES: Staff is recommending to increase the by -right allowances in the ordinance for Family Day Homes, address associated impacts, and provide for a notification process to abutting owners and approval process if there is neighbor objection. (Attachment III) 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. Family Day Homes are subject to extensive regulations with the state licensing division of DSS. Because of these DSS regulations, there are minimal regulations proposed in the draft ordinance and summarized below. Revise Family Day Home definition in Section 3.1 -The definition of family day home is amended the proposed draft ordinance to closely match the definition in State law (Virginia Code 63 -100) in order to eliminate any confusion. The sentence in the definition stating that a family day home for 5 or fewer children is a single family use will be moved to supplemental regulations for Family Day Homes. The definition in state law also includes language that a family day home may be operated in the home of the provider or in the home of children in care. Staff believes the same review process and regulations would be appropriate whether a family day home is located in the provider's home or the home of a child in the care of the provider. Add Family Day Home as a by -right use -The proposed ordinance amendment adds family day home as a permitted by -right use the RA Rural Areas and Residential (PRD, PUD, NMD, DCD, VR, R -1, R -2, R -4, R -6, R -10, R -15) districts. Updated Section 5.1.06 for Day Care Centers - Family Day Homes will now be distinguished in the draft proposed ordinance from day care centers. Formatting and minor language revisions have been proposed to this section. Added Section 5.1.56 to provide for Family Day Home (FDH) regulations: This section provides for regulations that pertain to FDH's for 5 or fewer children and regulations that pertain to FDH's for 6 to 12 children. Family Day Homes for 6 -12 children will now be subject to the follow: Page 2 ZTA 13- 04- Family Day Home Public Hearing August 6, 2013 - Planning Commission Traffic limits- The draft ordinance contains a limit of 24 vehicle round trips a day that may be associated with a Family Day Home, in addition to trips generated by the dwelling containing the family day home. 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. If a family day home has employees, this could potentially also add to the number of vehicle trips. The proposed ordinance provides for a modification to this requirement through the special exception process, which would be reviewed by the Commission. If the Commission recommends approval and there is no neighbor objection, the special exception could be placed on the Board of Supervisor's consent agenda for final action to approve the modification, similar to the process in place for home occupations. Parking requirements -The draft ordinance requires one additional parking space for a family day home use. The parking space may be located on -site or on- street. One additional parking space per employee is also required. Adequate entrance and access -The draft ordinance allows for the zoning administrator to require entrance or access upgrades as a condition of zoning clearance approval, if they are deemed necessary for public health and safety. This is similar language used in the zoning ordinance for farm stands and allows the zoning administrator to request review /approval of an entrance /access by the County Engineer or VDOT, if they deem it necessary. State licensure and compliance with other laws- Although not a new requirement for family day homes, the ordinance language has been reformatted and reworded for the sections that require family day homes to be licensed by DSS, have periodic inspections by the fire marshal, and comply with all other applicable laws such as the Building Code and Health Department. Zoning Clearance required- A zoning clearance application with a $50 fee is proposed for family day homes. Once the ordinance amendment is adopted, staff will create a checklist of information to be submitted with the zoning clearance to assure all supplemental regulations are addressed. Staff does not recommend additional fees to cover required notice or for waivers /special exceptions. The current ordinance fee for relief from conditions of approval or a modification /waiver is $425. Abutting Owner Notification- Once a completed zoning clearance application has been received, staff will send notification to abutting property owners. Abutting property owners will have 30 days to contact staff with any questions, concerns, or to submit any written objection to a family day home application. Special exception -If a written objection is received from an abutting property owner, then a zoning clearance can only be approved following the special exception process in the ordinance Section 33 (Attachment IV). This requires the Board of Supervisors to consider whether a proposed family day home use will be a substantial detriment to abutting lots. Public notice sign for modifications or Special Exception hearing- Staff recommends that public notice signs for family day homes only be posted if there will be review of a traffic modification or if they must be approved following the special exception process. This is consistent with the notification process for major home occupations. STRATEGIC PLAN: Goal 5. Ensure the health and safety of the community. Goal 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. BUDGET IMPACT: There is no increased budget impact expected as a result. As noted under "Implications to Staffing," we expect a limited staff time saving that will result from this amendment. STAFF RECOMMENDATION: Staff recommends adoption of the draft ordinance found in Attachment III. Page 3 ZTA 13- 04- Family Day Home Public Hearing August 6, 2013 - Planning Commission PLANNING COMMISSION MOTION A. Should a Planning Commissioner choose to recommend approval of this Zoning Text Amendment: Move to recommend approval of the draft ordinance in Attachment III. B. Should a Planning Commissioner choose to recommend denial of this Zoning Text Amendment: Move to recommend denial of the draft ordinance in Attachment III. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENTS: I. Resolution of Intent dated April 2, 2013 II. Action Memo Planning Commission June 11, 2013 work session III. Draft Zoning Ordinance Amendment for Family Day Homes dated July 17, 2013 IV. Zoning Ordinance Section 33- Special Exceptions V. Planning Commission Work Session staff report dated June 11, 2013 Page 4 ZTA 13- 04- Family Day Home Public Hearing August 6, 2013 - Planning Commission