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HomeMy WebLinkAbout01-16 BOS Staff ReportCONDITIONAL 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 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: 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 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, 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. 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 o f 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 the Planning Commission’s decision. 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.