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Home My WebLink About02-17 PC Staff ReportCONDITIONAL USE PERMIT #02-17 SALVATORE CARRANO - AirBnB Staff Report for the Planning Commission Prepared: March 2, 2017 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide informat ion 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: 03/15/17 Pending Board of Supervisors: 04/12/17 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a Rooming House (AirBnB). Should the Planning Commission 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 one room rented at any given time. 3. No employees, other than those residing on the premise, are 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 CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #02-17, Salvatore Carrano (AirBnB) March 2, 2017 LOCATION: This property is located generally south of Valley Mill Road, immediately west of Brookland Lane at 132 Seabreeze Lane, Winchester, Virginia in the Windstone Community. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 54I-7-1-90 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential (Townhome) ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Vacant/Open Space Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Vacant/Open Space PROPOSED USE: A rooming house (AirBnB rental) with one (1) bedroom being designated as a short-term rental for out-of-town guests. REVIEW EVALUATIONS: Virginia Department of Transportation: This office has no objection to the proposed conditional use. Frederick County Inspections: Building shall comply with the 2012 Virginia Property Maintenance Code. A building permit is required to add an additional bedroom to the Certificate of Occupancy. 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 Page 3 CUP #02-17, Salvatore Carrano (AirBnB) March 2, 2017 Frederick County Sanitation Authority: No comments. Frederick County Fire Marshall: Conditional Use Permit (CUP) approved provided the following are met: There shall be at least one functioning smoke detector in the area(s) that pertain to this CUP. There shall be at least one 5lb. multipurpose ABC fire extinguisher hung and tagged in the area(s) that pertain to this CUP. Planning and Zoning: This application for a Conditional Use Permit (CUP) is in response to a zoning violation complaint of a rooming house (AirBnB rental) that was received by Staff. Obtaining a CUP for this use is an available option to resolve the issue. A rooming house is a permitted use in the RP (Residential Performance) Zoning District with an approved CUP. The Zoning Ordinance defines boarding or rooming houses as a dwelling or part thereof where, for compensation, lodging and /or meals are provided to boarders. This proposed use will take place within a three bedroom, 2.5 bath townhome with one room being rented at any given time. The Applicant has two dedicated parking spaces for his unit, and has a dedicated rental room and kitchenette in the walk-out basement reserved for the AirBnB guests. Additional visitor parking spaces are also available in the immediate vicinity of the unit. The County’s Building Inspections Department issued a separate Certificate of Occupancy (CO) for this new bedroom (attached), and a letter of support from the Windstone Homeowners Association (HOA) has also been provided (attached). The Applicant is also subject to “Hosting Standards” from AirBnB in serving as a “host,” and currently has a five star rating from AirBnB. There will be no employees or signage associated with this CUP. The clientele of this use will make a reservation via the internet (AirBnB). The property is located within the Windstone Subdivision, and is an end unit. The property is surrounded by like dwellings (townhomes) and open (common) space. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as part of the Senseny Eastern Frederick Urban Area Plan and is to remain residential in nature and is not part of any land use study. STAFF CONCLUSIONS FOR THE 03/15/17 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments shall be complied with at all times. 2. No more than one room rented at any given time. 3. No employees, other than those residing on the premise, are allowed with this use. 4. No signage allowed with this use. Page 4 CUP #02-17, Salvatore Carrano (AirBnB) March 2, 2017 5. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.