Planning commission backs rezoning at 910 North Liberty to allow daycare despite floodplain concerns

The Harrisonburg Planning Commission voted Sept. 10 to forward a favorable recommendation to city council for a rezoning request at 910 North Liberty Street that would allow Little Roots Early Learning Center to operate in the existing Anacera Veterinary Center building.

City planning staff said the 26,800-square-foot parcel is currently zoned M-1 (general industrial) and that the requested B-2C (general business, conditional) zoning “conforms to the comprehensive plan’s land use guide.” Staff recommended approval while explicitly noting floodplain and site-access concerns.

A staff presentation described the single-story building as about 2,300 square feet and said the applicant intends to remodel it for a maximum licensed capacity of 30 children ranging from 12 weeks to 6 years, operating Monday–Friday roughly 6:45 a.m.–6 p.m. The staff report stated the property and building are in the mapped floodplain and that “the top of the bottom floor is not fully elevated above the base flood elevation” (staff noted the elevation certificate showed the floor is about five-hundredths of a foot below the base flood elevation). The report said some fencing on the property was installed without a floodplain development permit and may need removal or replacement, and warned that any changes to entrances, parking or fencing will have to comply with the city’s Design and Construction Standards Manual (DCSM) and floodplain regulations.

Erin Layman, attorney for Anacera, told the commission the prospective operator and property owner are “very concerned about safety for the children” and that meeting Department of Social Services licensing requirements — including emergency protocols — would be part of the building-permit and licensing processes. Layman said the first floor is very slightly below base flood elevation and that the owners intend to address elevation and other issues during renovation. She also said Anacera’s principal operations are located elsewhere and that this site would allow the childcare use during renovations at the main clinic.

Commissioners asked staff and the applicant questions about flooding, traffic and how Department of Social Services (DSS) licensure would limit the number of children if the building cannot accommodate the planned capacity. A staff member said Public Works noted North Liberty Street “does regularly flood” and that the city sometimes must close the road to traffic. Staff also described an existing vehicle entrance roughly 100 feet wide, exceeding the city’s 50-foot maximum for commercial entrances; the applicant submitted a conceptual parking layout to show how the site might meet parking and entrance requirements, but staff said a final configuration must be made compliant with the DCSM when the applicant submits an engineer-comprehensive-site-plan or a building permit.

Commissioner Capelar moved to approve the rezoning as presented by staff; the motion was seconded by Commissioner Alcindi. The roll-call vote recorded Commissioners Alcindi, Kettler, Porter, Council Member Denn and Chair Paul voting aye. Commissioner Sites had recused himself earlier under the Virginia State and Local Government Conflict of Interest Acts because Anacera is a client of his firm.

The commission’s favorable recommendation sends the rezoning to city council; staff noted the next city-council hearing date as Oct. 14. The staff record and the commission discussion make clear that approval by the commission does not remove the applicant’s obligation to meet floodplain, building-permit, parking, entrance and DSS licensure requirements before children may be on site.

Why it matters: The application responds to a documented local childcare shortage cited by the applicant and would reuse an existing building. At the same time, the property’s location within the mapped floodplain and the site’s current entrance and parking configuration create constraints that the applicant will have to resolve through technical permits and DSS licensing prior to occupancy.