By Randy Arrington
LURAY, Nov. 13 — On Monday night, the Luray Council voted, 3-2, (with one abstention) to approve a request by Every Child Early Learning Center for a special use permit to operate a childcare facility at St. Marks Lutheran Church on East Main Street.
The council voted, 4-1, to deny the same application back in August due to concerns over parking, traffic and safety. While those concerns still remained for some council members, others felt comfortable that improvements had been made to mitigate some concerns, a daycare previously existed at the site, and a number of conditions were attached to the motion for approval.
Following a public hearing last month, the Luray Planning Commission recommended approval of the application at its Oct. 11 meeting. The planning commission also recommended approval back in July, with the same two conditions that they approved again in October:
- The special use permit shall not transfer upon sale of the property, business or membership interest composition of the holding company.
- Department of Education licensing for a daycare be obtained and maintained.
On Monday night, eight speakers addressed the council during a public hearing and six more written statements were read into the record, including a letter of support from St. Marks Lutheran Church who will lease the school portion of the church to Every Child Early Learning Center. The comments were mixed for and against. The Town also received a petition with 42 signatures requesting the council to deny the permit a second time due to “limited parking and high traffic volumes” along Main Street.
In his motion to approve the special use permit, Councilman Ligon Webb included requirements recommended by the planning commission, as well as adding the following conditions to the permit:
- Reducing the number of children served by the facility down to 55, the same volume served by the previous daycare facility at St. Marks; with an option to later increase that number up to the original proposed capacity of 75.
- Returning to the Council for a review in six months to ensure that all conditions of the permit are being met.
Webb also reiterated that state licensing must be in place for the childcare facility to operate.
Council member Stephanie Lillard also requested to add conditions to the permit requiring:
- Updated parking agreement to be provided addressing off-site, long-term staff parking needs.
- Ensure access and traffic flow to North Deford and Williams Street.
Lillard supported Webb’s motion for approval, along with Vice Mayor Ron Vickers. Councilmen Joey Sours and Jason Pettit voted against the motion. Councilman Alex White decided to take no position on the issue and chose to abstain from the vote “for personal reasons that I will not get into publicly.” White was absent from the August council meeting when the issue last came up for a vote the first time. Webb was the lone dissenting vote in August, while Lillard, Pettit, Sours and Vickers all voted for denial.
Jennifer Smith — one of three co-directors of the proposed facility — submitted her first proposal on June 5. Once the special use permit was denied on Aug. 14, she submitted a second application seven days later on Aug. 21. In the proposal Smith addressed solutions to the parking problems raised, explanations on traffic flow, improvements for the dirt alley behind the building proposed for pick-ups and drop-offs, emergency plans and safety issues for the children.
In its letter to the Council, St. Marks expressed its support for the operation of the facility where a daycare previously operated but was not “sitting empty.” The church noted that the space was specifically adapted for use as a school or daycare facility and could not be leased out for many other uses.
Every Child Early Learning Center will still be required to meet the requirements of the Virginia Department of Education to receive state licensing — a tall order for sites that plan to accommodate special needs children.
Pre-school and childcare facilities are required to obtain a Special Use Permit per Town Code 406.2.i. Town codes defines a childcare facility as “A building or structure, however designated, other than public school facilities operated for the purposes of providing care, guidance, education or training, or any part thereof, to any child five years old or younger during only part of the 24-hour day for more than five children not of common parentage.” St. Marks sits within a Business (B-1) zoning district.
The Town Code also requires that, “Such facilities shall meet all applicable regulations of the Department of Social Services, the Department of Health, and the state and local building codes.”
In other business, the Luray Council took the following actions at its Nov. 13 meeting:
• Unanimously agreed (with one abstention – Sours) to reclassify the second new tradesman position included in the FY 23-24 budget to an event and marketing coordinator position as requested by the Parks and Recreation Department. The number and complexity of events overseen by the Department has increased to the point that the time commitment from staff is limiting their ability to appropriately address other Department projects and needs, according to the report presented by staff.
• Unanimously agreed to a Code Amendment to Section 74-9 of the Town Code to remove references to sign regulations which are currently located in Appendix A, Article VIII, Section 802.4 and simplify the language related to violations of the Code Section, as requested by the Town Attorney.
• Unanimously reappointed Susan Zorn, Layne Vickers and Joshua Mayne to the Luray Tree and Beautification Committee through Dec. 31, 2026.
For more information about the Town of Luray,
visit https://www.townofluray.com/
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