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HomeMy WebLinkAbout18-04 BOS Staff ReportCONDITIONAL USE PERMIT #18-04 WALTER AND TAEKO FLOYD Staff Report for Board of Supervisors Public Hearing Prepared: September 3, 2004 Staff Contact: Mark R. Cheran, Zoning & Subdivision 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: 09/01/04 Recommended Approval Board of Supervisors: 09/22/04 Pending LOCATION: This subject property is located at 6238 Wardensville Grade (Route 608). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 69-A-44A PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Bed & Breakfast ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential and Vacant PROPOSED USE: Addition to existing Bed and Breakfast Motel (Motel/Resort). REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 608, 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. Inspections Department: Addition and existing dwelling shall require a change of use permit from CUP # 18-04, Walter and Taeko Floyd September 3, 2004 Page 2 R-3 (One and Two Family) to R-1 (Hotel/Motel) under section 310 of the International Building Code/2000 and The Virginia Uniform Statewide Building Code. Other code that applies is CABO A117.1-98 Accessible and Usable Buildings and Facilities. HC parking and access to the building shall be provided. Fire Marshal: Site visit reveals no adverse effects on fire department response. Plan approval recommended. Health Department.: This office has issued a sewage disposal permit to enlarge existing system by 750 gpd. This enlargement is to serve additional rooms being considered for approval. New sewage disposal permit is valid until 1/12/06. Planning and Zoning: This application will expand Conditional Use Permit 11-01, an existing bed & breakfast use that was approved by the Board of Supervisors on October 11, 2001. (CUP #11-01) The original Conditional Use Permit was approved for a bed and breakfast within a three-bedroom house with no more than eight (8) guests. The Frederick County Zoning Ordinance does not specifically address a Bed and Breakfast type of operation. The National Standard Industrial Classification (SIC) Manual lists bed and breakfast operations under the motel/resort category. The applicant is requesting to add two (2) more guest rooms and a meeting room to this existing bed & breakfast use. The total number of guests allowed will be no more than fourteen (14) at any one time. The meeting/conference room will have no more than twenty-five (25) people at any one time. The dwelling where this proposed use will take place meets all of the RA (Rural Areas) District setback requirements. The property is surrounded by similar properties, with the nearest residential property dwelling being 50 feet from the proposed bed and breakfast. It is staffs belief that this proposed use will not have any negative impact on the surrounding properties. STAFF CONCLUSIONS FOR THE 09-01-04 PLANNING COMMISSION MEETING: The Planning Commission found this use appropriate, with staff’s recommendations: 1. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. No more than fourteen (14) guests at any one time allowed. 3. No more than twenty-five (25) people allowed for a meeting or conference. 4. Any expansion or modification shall require approval of a new Conditional Use Permit with an approved site plan. PLANNING COMMISSION SUMMARY & ACTION OF THE 09/01/04 MEETING: CUP # 18-04, Walter and Taeko Floyd September 3, 2004 Page 3 Members of the Planning Commission believed the request for expansion of this bed and breakfast use was appropriate. No issues or areas of concern were raised about this particular use at this location. In light of the ongoing Rural Areas Study, the Board Liaison commented on the need to specifically address the bed and breakfast uses within the county zoning ordinance. The staff noted that the use would more than likely be included in the code as part of the Rural Area Economy portion of the Rural Areas Study. There were no citizens wishing to comment. The Planning Commission unanimously recommended approval of the conditional use permit with the same conditions suggested by the staff, as follows: 1. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. No more than fourteen (14) guests at any one time allowed. 3. No more than twenty-five (25) people allowed for a meeting or conference. 4. Any expansion or modification shall require approval of a new conditional use permit with an approved site plan.