HomeMy WebLinkAbout06-08 BOS Staff ReportCONDITIONAL USE PERMIT #06-08
BARLEYFIELD FARM COTTAGE BED & BREAKFAST
Staff Report for the Board of Supervisors
Prepared: July 9, 2008
Staff Contact: Mark R. 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: 07/02/08 Recommended approval
Board of Supervisors: 07/23/08 Pending
LOCATION: This property is located at 967 Marlboro Road (Route 631).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 74-A-13A
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Land Use: Orchard
South: RA (Rural Areas) Land Use: Orchard
East: RA (Rural Areas) Land Use: Orchard
West: RA (Rural Areas) Land Use: Orchard
PROPOSED USE: This application is for a Motel/Bed and Breakfast
.
REVIEW EVALUATIONS:
VIRGINIA DEPARTMENT OF TRANSPORTATION: The application for a Conditional
Use Permit for this property appears to have little measurable impact on Route 631, the VDOT
facility which would provide access to the property. Prior to operation of the business, adequate
sight distance west of the existing entrance (500 feet for 45 MPH) needs to be provided to allow
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CUP #06-08 – Barleyfield Farm Cottage B&B
July 9, 2008
for safe egress and ingress of the property. Any work performed on the State’s right-of-way to
improve sight distance must be covered under a land use permit. The permit is issued by this
office and requires an inspection fee and surety bond coverage.
FIRE AND RESCUE: Plan approval recommended.
INSPECTIONS DEPARTMENT: No change of use permit required when under five units if
installed in an existing dwelling. Smoke detectors shall be installed per the Building Code.
HEALTH DEPARTMENT: The increase in water usage will need to be addressed concerning
the current water source and sewage disposal system. Also, the Health Dept. will need more
information about all intended uses of the B&B. The issues presented in the letter dated May 12,
2008 have been addressed during a site visit on May 20 with Kent Barley. The Health Dept. is
satisfied with the facility and once the conditional use permit is granted, please visit our office to
fill out an application any pay the fees so a Bed & Breakfast permit can be issued.
Planning and Zoning: The Frederick County Zoning Ordinance allows for motel uses in the
RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This
proposed two (2) bedroom bed and breakfast will take place on 27 acres of land in a separate
structure from the primary dwelling. The applicant will be serving meals as a part of the bed and
breakfast use. The nearest structures from this proposed use are more than 150 feet away. There
will be no employees associated with this proposed use, other than those residing on site. Based
on the limited scale of this proposed use and evaluation of the property, it appears that this
proposed use would not have any significant impacts on the adjoining properties.
STAFF CONCLUSIONS FOR THE 07/02/08 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use to be appropriate, the staff would recommend the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. Any proposed business sign shall conform to Cottage Occupation sign requirements and
shall not exceed four (4) square feet in size.
3. No more than two (2) bedrooms to be used with the bed and breakfast use.
4. Any expansion or modification shall require approval of a new Conditional Use Permit.
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CUP #06-08 – Barleyfield Farm Cottage B&B
July 9, 2008
PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/02/08 MEETING:
The applicants were available for questions. There were no public comments. No issues or
concerns were raised by the Planning Commission. The Planning Commission unanimously
recommended approval of the conditional use permit with the same conditions recommended by
the staff, as follows:
1. All review agency comments and requirements shall be complied with at all times.
2. Any proposed business sign shall conform to cottage occupation sign requirements and
shall not exceed four (4) square feet in size.
3. No more than two (2) bedrooms to be used with the bed and breakfast use.
4. Any expansion or modification shall require approval of a new conditional use permit.
(Note: Commissioner Oates abstained; Commissioners Thomas and Ours were absent.)