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Board approves family day home permit with VDH and VDOT conditions
Summary
Kelsey Smith and Ian Davila received approval for a special use permit to operate a family day home on Burntree Way subject to conditions requiring Virginia Department of Health and VDOT approvals before operation; Planning Commission abstained 1–0 on recommendation due to an abstention.
MADISON COUNTY — The Madison County Board of Supervisors approved a special use permit allowing a family day home to operate at 401 Burntree Way, conditioned on required state approvals and other conditions listed in the draft permit.
Kelsey Smith and Ian Davila sought a special use permit (case SUDash04Dash25Dash01) under Madison County zoning ordinance, article 5-2-5, to operate a family day home on a 3.5-acre property identified as Madison County tax map 58-70-L in an R-1 zoning district. The Planning Commission reviewed the draft permit and its conditions and recommended forwarding the case to the Board of Supervisors with all conditions attached; one commissioner, Miss Drelick, recorded an abstention at the Planning Commission vote.
Conditions and outstanding approvals
Planning staff told the commission the draft permit includes a set of conditions (numbered 1–10 in the draft) and that the permit adopts the family day home definition used by the Virginia Department of Education. Two conditions specifically require the applicant to secure approvals from the Virginia Department of Health (VDH) and the Virginia Department of Transportation (VDOT) before the family day home may operate (conditions 7 and 8 in the draft permit).
During the hearing, the applicant said workers had completed a land survey the same day and that septic-related paperwork was still pending from a soil evaluator; she also said VDOT had inspected the site and indicated the location was acceptable for up to 10 children without requiring a commercial entrance. The applicant described having prior childcare experience as a nanny for about three years and noted an RN background.
Accessibility and ADA questions
Commissioners asked whether the home could accommodate children with disabilities. Kelsey Smith said she would “entertain” taking children with disabilities but that she needed to research applicable regulations and ensure the home would meet safety and accessibility requirements before making any commitments. At least one commissioner advised the applicant to become conversant with the Americans with Disabilities Act and reasonable accommodation obligations.
Board action
The Planning Commission motion to recommend approval with all conditions was forwarded to the Board; the Board of Supervisors later voted to approve the special use permit as recommended. The Planning Commission record shows the recommendation was conditioned on the applicant providing VDH and VDOT approvals before operation. No public commenters spoke during either hearing.
