HomeMy WebLinkAbout01-16 PC Staff ReportCONDITIONAL USE PERMIT #01-16
SHARLYN D. MOORE
Staff Report for the Planning Commission
Prepared: February 5, 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 Pending
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 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 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 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.
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CUP #01-16, Sharlyn D. Moore
February 5, 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 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 i nstalled
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
has no objection due to no increase of usage to an onsite sewage system. Property appears to be
served by public sewer system.
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CUP #01-16, Sharlyn D. Moore
February 5, 2016
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 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, Staff would 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.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.