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HomeMy WebLinkAbout01-07 PC Staff Report CONDITIONAL USE PERMIT #01-07 GLORIA E. GASCA Staff Report for the Planning Commission Prepared: February 15, 2007 Staff Contact: Lauren E. Krempa, Zoning Inspector 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: 03/07/07 Pending Board of Supervisors: 03/28/07 Pending LOCATION: This property is located at 876 Frog Hollow Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 22-A-69, 22-8-32, 22-8-33, 22-8-34, and 22-8-35 PROPERTY ZONING & PRESENT` USE: Zoned: RA (Rural Areas) Land Use: Agriculture (Horse Ranch/Farm) ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential/Vacant PROPOSED USE: Commercial Outdoor Recreation encompassing a domestic animal petting zoo, educational farm activities, paint ball, soccer fields, picnicking, and equestrian trails REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 654, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. CUP #01-07, Gloria E. Gasca February 15, 2007 Page 2 Fire Marshal: No additional impacts on fire and rescue services noted. Plan approval as submitted. Inspections Department: Sanitation Authority: We do not serve this area. Winchester-Frederick County Health Department: Health Department cannot approve based on information received in this packet. Additional information is required. Are bathroom facilities provided? If so, will these be portable toilets or permanent bathroom facilities? If permanent, the following information is required: Is there a current, valid perk; how many people (estimated) will utilize the park facilities; will this be a year-round park? *Revised on 1/10/2007* - Health Department has no objection to the request if portable toilets and hand sanitizer are utilized. Planning & Zoning: The Frederick County Zoning Ordinance allows for outdoor recreation businesses in the RA (Rural Areas) Zoning District, with an approved Conditional Use Permit (CUP). This proposed use would take place on five parcels owned by the applicant. There is an existing ranch house and barn on the parcel identified as property identification number 22-A-69. The remaining parcels are currently in use as a single family dwelling (occupied by the property owners) or are vacant. All surrounding properties are zoned Rural Areas and are currently single family dwellings or vacant. The applicant is proposing an outdoor recreational facility which will combine various aspects of farm and ranch activities with recreation. The applicant is proposing a system of equestrian trails for horseback riding, llama rides, and a domestic animal petting zoo (to include cows, llamas, horses, goats, and chickens). In addition to these main elements, the applicant has proposed open areas for use as soccer fields, picnic areas for “bring your own” picnic activities, an educational farm experience to teach visitors how to milk cows and gather eggs, a paintball course, and use of an existing ranch house as a meeting room and shelter facility. The applicant is proposing to provide approximately three miles of equestrian trails which will traverse over all of the properties associated with this application. These trails should be for equestrian use only. Vehicle use on these trails is inappropriate based on the surrounding residential uses and therefore, only the property owner should be permitted to use a vehicle and/or tractor to clear trails of debris and brush. In addition to these trails, the applicant will construct picnic pavilions, a llama riding arena, and additional fencing for the petting zoo animals. CUP #01-07, Gloria E. Gasca February 15, 2007 Page 3 An engineered site plan will be required for this proposed facility to address all review agency comments and requirements of the Frederick County Zoning Ordinance. The site plan shall address adequate parking for customers as well as appropriate setbacks of activities from surrounding properties. Staff is proposing that all activities, with the exception of the horseback riding trails, take place on the current ranch property (PIN 22-A-69). Staff would also suggest that all petting zoo and paint ball activities be set back from adjoining properties 100 feet to protect the rural environment as well as mitigate the impacts to adjoining property owners. STAFF CONCLUSIONS FOR THE 03/07/07 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. A minor site plan will be required within in six months of approval of this application, approval by Frederick County Agencies will be required before operation may begin. 3. Trails will be for equestrian use only. All terrain vehicles (ATVs) or off road vehicles shall not be permitted on the property at any time. 4. Petting zoo, paint ball, llama rides, and soccer fields are only permitted on the property identified as 876 Frog Hollow Road and by PIN 22-A-69. All remaining properties included in this application will be used for equestrian trails and picnicking only. 5. Camping or overnight activities are not permitted. 6. Hours of Operation will be limited to between the hours of 8:00 am and 7:00 pm. 7. Signage shall not exceed 10 square feet in size and 5 feet in height and will be limited to one sign on the main property identified by property identification number (PIN) 22-A- 69. No signage will be permitted on any other properties associated with this application. 8. Domestic farm animals only shall be permitted as part of the petting zoo and educational farm experience. No exotic animals will be permitted. 9. The existing ranch house on the property may be used as a meeting room and shelter; however, no on site food preparation is permitted. 10. Customers are limited to no more than 30 people on the property at a time. 11. All activity associated with the educational farm experience and the petting zoo will take place in existing structures on the property or be set back 100 feet from adjoining properties not associated with this application. 12. All paint ball activities will be setback a minimum of 100 feet from all adjoining properties, including those properties associated with this application. 13. All trails will be setback a minimum of 15 feet from adjoining properties not associated with this application. 14. Any expansion or change of use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.