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Local couple seeks special-use permit for family day home on Burnt Tree Way
Summary
Kelso Smith and Ian Davila asked the Madison County panel to move a special-use permit application for a family day home to the Planning Commission; staff and regulators flagged licensing, driveway easement and septic/well checks as items to address.
Kelso Smith and Ian Davila told a Madison County panel they intend to operate a family day home at 401 Burnt Tree Way and the panel voted to forward the application to the Planning Commission once the formal paperwork is filed.
The applicants said they plan to use the lower level of their split-level home, fence a section of backyard for outdoor play and initially care for six children under age 5, with a potential future increase to as many as 10–12 children depending on ages and staffing. The property is a 3.5-acre parcel identified as Madison County tax map 58-70F and is zoned R1.
Kelso Smith, the applicant, described the layout and hours, saying, “We plan on having 6 children under 5.” Zoning staff explained that the zoning review will assign a capacity based on floor area; building-code staff noted that if the operation remains under the 12-child threshold it generally can be conducted in a house (code classification R-5). Mr. Wilkes, the building official, said, “If it stays under that 12 limit, then there's really nothing to do. The code allows that.”
Panel members and staff identified several items applicants should address before Planning Commission review: whether the driveway uses an easement across neighboring property (VDOT may review traffic/sightline issues), confirmation of licensing thresholds and Department of Education requirements, neighbor outreach, and health department checks for wastewater and well testing. Emily from the Madison County Health Department advised that any change in use could require an evaluation of the sewage disposal system and a wastewater characterization by an engineer; she added wells should be tested annually and licensing will require relevant documentation.
Panel members recommended the applicants consult VDOT about the shared access and encouraged early neighbor notification. Zoning staff said once the formal special-use application is submitted and fees paid the case will be scheduled for Planning Commission consideration; the panel moved the matter forward by voice vote.
The Planning Commission will review the submitted application, zoning capacity determination, and any required state licensing paperwork from the Virginia Department of Education before a public hearing.
