March_9_2016_Board_Agenda_PacketAGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MARCH 9, 2016
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
Call To Order
Invocation
Pledge of Allegiance
Adoption of Agenda:
Pursuant to established procedures, the Board should adopt the Agenda for
the meeting.
Consent Agenda:
(Tentative Agenda Items for Consent are Tabs: A, B,C, Dand E)
Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.)
Board of Supervisors Comments
Minutes:(See Attached)A
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1.Budget Work Session, February 22, 2016.
2.Budget Work Session, February 24, 2016.
3.Regular Meeting, February 24, 2016.
County Officials:
1.Proclamation Re: April 9-15, 2016 as Disability Awareness Week.
(See Attached)B
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AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MARCH 9, 2016
PAGE 2
2. Memorandum Re: Closing of County Offices for Annual Apple Blossom
(See Attached)C
Festival. -------------------------------------------------------------------
3. Request to Schedule a Public Hearing on Proposed Ordinance
Amendment to Increase the Transient Occupancy Tax Limit for the
(See Attached)D
March 23, 2016 Board Meeting. -----------------------------------
4. Acknowledgement of Receipt of Certified Copies of the Abstracts of Votes
(See Attached)E
from the March 1, 2016 Presidential Primary Election. ------
(See Attached)F
5. Committee Appointments. -------------------------------------------
Public Hearing:
1.
Harley-Davidson. Pursuant to the Frederick County Code, Chapter 86,
Festivals; Section 86-3, Permit Required; Application; Issuance or Denial;
Fee; Paragraph D, Twelve Month Permits. All Events to be Held on the
-Davidson, 140 Independence Drive,
(See Attached)G
Winchester, Virginia. Property Owned by Jobalie, LLC. ----
Planning Commission Business:
Public Hearing:
1. Conditional Use Permit #01-16 for Sharlyn D. Moore, which Submitted for a
Rooming House. The Property is Located at 216 Talamore Drive,
Stephens City and is Identified with Property Identification Number
(See Attached)H
75O-4-6-212 in the Shawnee Magisterial District. ------------
Board Liaison Reports (If Any)
Citizen Comments
Board of Supervisors Comments
Adjourn
CONDITIONAL USE PERMIT #01-16
SHARLYN D. MOORE
Staff Report for the Board of Supervisors
Prepared: February 26, 2016
Staff Contact: Mark Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission:
02/17/16 Recommended Denial
Board of Supervisors:
03/09/16 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for a
Rooming House. Should the Board of Supervisors find this application for a rooming house to be
appropriate, staff recommends that the following conditions be attached to the CUP:
1.All review agency comments shall be complied with at all times.
2.No more than two (2) rooms rented at any given time.
3.No employees allowed with this use.
4.No signage allowed with this use.
5.Any expansion or modification of this use will require the approval of a new Conditional
Use Permit.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
Page 2
CUP #01-16, Sharlyn D. Moore
February 26, 2016
LOCATION
: This property is located at 216 Talamore Drive, Stephens City, VA
MAGISTERIAL DISTRICT:
Shawnee
PROPERTY ID NUMBER:
75O-4-6-212
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RP (Residential Performance) Use: Residential
South: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Residential
PROPOSED USE:
Rooming house
REVIEW EVALUATIONS:
Virginia Department of Transportation:
This office has no objection to the proposed
conditional use.
Frederick County Inspections:
Proprietor occupied bed and breakfast and other transient
boarding facilities not more than three stories above grade plan in height, that are also occupied
as the residence of the proprietor, with a maximum of five guest room sleeping units provided
for the transient occupants are permitted to be classified as either Group R-3 or R-5 provided that
smoke alarms are installed in compliance with Section 907.2.11.2 for Group R-3 or Section 314
of the IRC for Group R-5
(R-5) Smoke alarms shall be listed and labeled in accordance with UL 217 and shall be installed
in the following locations:
In each sleeping area
Outside each separate sleeping area in the immediate vicinity of the bedrooms
On each story of the dwelling, including basements and habitable attics
Winchester-Frederick County Health Department:
The Frederick County Health Department
Page 3
CUP #01-16, Sharlyn D. Moore
February 26, 2016
has no objection due to no increase of usage to an onsite sewage system. Property appears to be
served by public sewer system.
Frederick County Sanitation Authority:
No comments.
Frederick County Fire Marshall:
Plans approved.
Winchester Regional Airport:
No impact-no comments needed.
City of Winchester:
No comments.
Planning and Zoning:
This application for a Conditional Use Permit (CUP) is in response to a
zoning violation complaint of a rooming house that was received by staff. Obtaining a CUP for
this use is an available option to resolve the violation. A rooming house is permitted in the RP
(Residential Performance) Zoning District with an approved CUP. This proposed use will take
place within a four (4) bedroom house with two (2) rooms being rented at any given time. There
will be no employees or signage associated with this CUP. The clientele of this use will be via
the internet. The property is located within the Wakeland Manor subdivision. The property is
surrounded by like dwellings. The 2030 Comprehensive Policy Plan of Frederick County
(Comprehensive Plan) identifies this area of the County as part of the Southern Frederick Area
Plan and is to remain residential in nature and is not part of any land use study.
STAFF CONCLUSIONS FOR THE 02/17/16 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staffwould recommend the
following conditions:
1.All review agency comments and requirements shall be complied with at all times.
2. No more than two (2) rooms rented at given time.
3. No employees allowed with this use.
4.No signage allowed with this use.
5.Any expansion or change of use shall require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 02/17/16 MEETING:
Staff reported this is a request for a Conditional Use Permit (CUP) for a Rooming House. Staff
explained a rooming house is permitted in the RP (Residential Performance) Zoning District with
an approved CUP. Staff continued the proposed use will take place within a four (4) bedroom
Page 4
CUP #01-16, Sharlyn D. Moore
February 26, 2016
house with two (2) rooms being rented at any given time. It was noted, there will not be
employees or signage associated with this CUP. Staff concluded the property is located within
the Wakeland Manor subdivision and is surrounded by like dwellings.
A Commission Member referred to the definition of a boarding or rooming house; if a family
sponsors a foreign exchange student and they receive compensation for lodging and meals would
that be considered a boarding/rooming house. The Member feels this is getting too deep into the
privacy of citizens. Staff responded as the definition reads, it would be considered a
boarding/rooming house when foreign exchange students are housed.
A Commission Member inquired how this CUP came about; was the Applicant cited for a
violation. Staff explained this CUP transpired in response to a zoning violation complaint that
was received by staff. A Commission Member inquired if a CUP would be required for foster
care of children. Staff noted foster care would not require a CUP, and would be considered
family.
A Commission Member asked how this CUP and the conditions would be monitored. Staff
commented this would be addressed on a complaint basis. A Commission Member noted the
conditions state two(2) rooms can be rented at a given time; he pointed out there is nothing listed
citing how many people per room. Staff responded the conditions can be amended to add a
number of persons per room.
A Commission Member noted according to legislation, this could turn into a by-right use by the
summer of 2016.
The Applicant came forward to address questions and concerns. She presented an overview of
the property and how she initially started renting a room to individuals. She noted she uses
Airbnb to locate renters and feels comfortable with the security procedures they have in place.
The Applicant highlighted the relationships she has established with her renters is outstanding.
A Commission Member asked if meals will be served as part of the renters stay. The Applicant
replied the renters have access to the kitchen to prepare their own meals and the use of the
kitchen has rules. A Commission Member inquired what the average length of stay is for the
renters. The Applicant stated the average length of stay is approximately one (1) month. This
Commission Member also requested clarification of what type of parking is available. The
Applicant explained that both on-street and drive-way parking are options and VDOT is well
aware of this.
A Commission Member inquired how many individuals usually occupy a room. The Applicant
noted that one of the house rules is that only one (1) individual can occupy a room at a time.
The Public Hearing was opened and at that time seven (7) citizens came forward to speak. A
variety of concerns were voiced by these citizens: An HOA is in place and the homeowner is
Page 5
CUP #01-16, Sharlyn D. Moore
February 26, 2016
expected to abide by the rules of the HOA; Trespassing through neighboring yards; Fear more
homeowners will want to open a rooming house; Not a good fit for a family oriented community
such as Wakeland Manor; Security failures associated with Airbnb. The major concern of these
citizens is the safety of the many children residing in this neighborhood. Chairman Wilmot
noted the HOA does matter however the covenants and rules associated within cannot be part of
A Commission Member requested clarification that a CUP is for the property and it would
convey should the property be sold. Staff noted that is correct. A Commission Member
expressed his feeling that the County should not be involved in this and that the property is not a
good location to operate a rooming house.
A Commission Member noted the citizens may have civil recourse regarding the HOA.
A motion was made, seconded, and failed by majority vote to recommend approval of CUP #01-
16 Sharlyn D. Moore for a rooming house.
An alternative motion was made, seconded, and passed by majority vote to recommend denial of
CUP #01-16 Sharlyn D. Moore for a rooming house.
CONCLUSIONS FOR THE 3/9/16 BOARD OF SUPERVISORS MEETING:
Should the Board of Supervisors find this application for a rooming house to be appropriate, staff
recommends that the following conditions be attached to the CUP:
1.All review agency comments shall be complied with at all times.
2.No more than two (2) rooms rented at any given time.
3.No employees allowed with this use.
4.No signage allowed with this use.
5.Any expansion or modification of this use will require the approval of a new Conditional
Use Permit.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
307311313315LONDON
BERWICK LN
BERWICK LN
BERWICK LN
DOWNS CIR
BERWICK LN
CUP # 01 - 16
BERWICK LN
309
100
BERWICK LN
LONDON
Sharlyn D. Moore
DOWNS CIR
PIN:
75O - 4 - 6 - 212
Rooming House
302
TALAMORE DR
300
TALAMORE DR
CUP 01-16
75O 4
6 212
214
TALAMORE DR
103
BANCROFT LN
212
TALAMORE
102
BANCROFT LN
163
210
OWENS LN
TALAMORE DR
104
BANCROFT LN
208
157
TALAMORE DR
OWENS LN
155
Applications
OWENS LN
Parcels
Building Footprints
B1 (Business, Neighborhood District)
162
153
OWENS LN
B2 (Business, General Distrist)
160
OWENS LN
B3 (Business, Industrial Transition District)OWENS LN
158
OWENS LN
EM (Extractive Manufacturing District)
154
HE (Higher Education District)
OWENS LN
M1 (Industrial, Light District)
Note:
CUP # 01 - 16
M2 (Industrial, General District)
Frederick County Dept of
MH1 (Mobile Home Community District)
Sharlyn D. Moore
Planning & Development
I
MS (Medical Support District)
107 N Kent St
PIN:
Suite 202
OM (Office - Manufacturing Park)
75O - 4 - 6 - 212
Winchester, VA 22601
R4 (Residential Planned Community District)
Rooming House
540 - 665 - 5651
R5 (Residential Recreational Community District)
Map Created: January 22, 2016
RA (Rural Area District)
Staff: mcheran
RP (Residential Performance District)
037.575150Feet
307311313315LONDON
BERWICK LN
BERWICK LN
BERWICK LN
DOWNS CIR
BERWICK LN
CUP # 01 - 16
BERWICK LN
309
100
BERWICK LN
LONDON
Sharlyn D. Moore
DOWNS CIR
PIN:
75O - 4 - 6 - 212
Rooming House
302
TALAMORE DR
300
TALAMORE DR
CUP 01-16
75O 4
6 212
214
TALAMORE DR
103
BANCROFT LN
212
TALAMORE
102
BANCROFT LN
163
210
OWENS LN
TALAMORE DR
104
BANCROFT LN
208
157
TALAMORE DR
OWENS LN
155
OWENS LN
162
153
OWENS LN
160
OWENS LN
OWENS LN
158
OWENS LN
154
OWENS LN
Note:
CUP # 01 - 16
Frederick County Dept of
Sharlyn D. Moore
Planning & Development
I
107 N Kent St
PIN:
Suite 202
75O - 4 - 6 - 212
Winchester, VA 22601
Rooming House
540 - 665 - 5651
Applications
Map Created: January 22, 2016
Parcels
Staff: mcheran
Building Footprints
037.575150Feet
RESOLUTION
______________________________
Action:
PLANNING COMMISSION: February 17, 2016 - Recommended Denial
BOARD OF SUPERVISORS: March 9, 2016 - APPROVED DENIED
RESOLUTION
CONDITIONAL USE PERMIT #01-16
SHARLYN D. MOORE
WHEREAS, Conditional Use Permit #01-16 of Sharlyn D. Moore,
submitted by the
Sharlyn D. Moore, requesting a Conditional Use Permit for a rooming house was
considered. The property is located at 216 Talamore Drive in Stephens City. The property
is further identified with Property Identification Number 75O-4-6-212 in the Shawnee
Magisterial District; and
WHEREAS,
the Frederick County Planning Commission held a public hearing on the
conditional use permit on February 17, 2016, and recommended denial of the Conditional
Use Permit; and,
WHEREAS,
the Frederick County Board of Supervisors held a public hearing on this
Conditional Use Permit during their regular meeting on March 9, 2016; and,
WHEREAS,
the Frederick County Board of Supervisors finds the approval of this
conditional use permit to be in the best interest of the public health, safety, welfare, and
in conformance with the Comprehensive Policy Plan;
NOW, THEREFORE, BE IT ORDAINED
by the Frederick County Board of
Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise
the zoning map to reflect that Conditional Use Permit Application #01-16 of Sharlyn D.
Moore for a rooming house is permitted on the parcel identified by Property
Identification Number 75O-4-6-212 with the following conditions:
PDRes #05-16
1
1.All review agency comments and requirements shall be complied with at all times.
2.No more than two (2) rooms rented at any given time.
3.No employees allowed with this use.
4.No signage allowed with this use.
5.Any expansion or modification of this use will require the approval of a new
Conditional Use Permit.
Passed this 9th day of March, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman ____ Gary A. Lofton ____
Robert A. Hess ____ Blaine P. Dunn ____
Gene E. Fisher ____ Robert W. Wells ____
Judith McCann-Slaughter ____
A COPY ATTEST
____________________________
Brenda G. Garton
Frederick County Administrator
PDRes #05-16
2