HomeMy WebLinkAbout12-04 BOS Staff Report4�GK = C�Cr
Ww �� CONDITIONAL USE PERMIT #12-04
LEDA J. DEHAVEN
w Staff Report for the Board of Supervisors Meeting
1Je Prepared: August 11, 2004
Staff Contact: Mark R. Cheran, Interim 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: 07/07/04 Recommended Approval
Board of Supervisors: 08/24/04
LOCATION: This subject property is located at 150 North Hayfield Road (Route 600).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER(s): 29-A-28
PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District
Land Use: Agriculture
ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District
Land Use: Agriculture, Residential and Religious
PROPOSED USE: Commercial Outdoor Recreation
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 600, 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 # 12-04 - Leda J. DeHaven
August 11, 2004
Page 2
Frederick County Fire Marshall: Portable Fire Extinguishers are recommended for the barn and
picnic area. Plan approval recommended.
Health Department: Health Department has no objections to request for conditional use.
(Additional comment that only 15 patrons should be allowed per day)
Frederick County Inspections: No comment required or change of use required.
Planning and Zoning: Commercial outdoor recreation is an allowed use in the RA (Rural Areas)
Zoning District with an approved Conditional Use Permit (CUP). This proposed use will be
conducted on a property that is approximately 83 acres in size and is surrounded by RA zoned
properties that consist of residential, agricultural and religious uses.
The applicant is proposing to have a petting zoo, pony rides and a picnic area to conduct birthday
parties. During the first year of operation, the applicant plans to have an awning/tent to conduct
parties in and in the future plans to construct a shelter on the property. All activities that will be
conducted on the property will be by scheduled appointments only and will consist of small groups
of no more than 15 people. Based on the limited scale of this proposed use and evaluation of the
property, it appears this use would not have any significant impacts on the adjoining properties.
STAFF CONCLUSIONS FOR THE 07-7-04 PLANNING COMMISSION MEETING:
The Planning Commission found this use appropriate, with staff's recommendations:
1. All review agency comments and requirements shall be complied with at all times.
2. Adequate parking areas for patrons shall be provided prior to issuance of a business license.
3. No more than 15 customers per day allowed.
4. Any proposed business sign shall conform to Cottage Occupation sign requirements, and shall not
exceed four (4) square feet in size.
5. Any expansion or modification shall require approval of a new Conditional Use Permit with a site
plan.
CUP # 12-04 - Leda I DeHaven
August 11, 2004
Page 3
PLANNING COMMISSION SUMMARY & ACTION OF THE 07/07/04 Pr✓ EEIFING:
Commissioners inquired about the 15 customers per day limit, parking requirements, and whether
staff had received any complaints about the pony and carriage rides business that the DeHavens have
operated. Staff responded that the 15 customers per day limit was imposed by the Health
Department based on the capacity of the septic system; ample room was identified on the property
for parking; however, paving is not required, and the staff was not aware of any complaints.
Two adjoining property owners sought clarification on what the operation would specifically entail.
They had questions on the hours of operation, if lighting would be installed, and whether farming
setbacks would be affected.
The applicant/property owner stated that they had already installed the septic system and intend to
install bathroom facilities for customers; customers will be received by appointment only; animals
will be of the small farm animal variety; no exotic animals; the operation will be during daylight
hours only; and there will be normal lighting, typical of a farming operation.
No major issues of concern were raised by the Planning Commission and they believed the use
would not pose any significant impacts on adjoining properties. The Commission unanimously
recommended approval with the following conditions:
All review agency comments and requirements shall be complied with at all times.
2. Adequate parking areas for patrons shall be provided prior to issuance of a business license.
No more than 15 customers per day allowed.
4. Any proposed business sign shall conform to cottage occupation sign requirements and shall not
exceed four-square feet in size.
Any expansion or modification shall require approval of a new conditional use permit.
(Please note: Commissioners Ours, Watt, and Light were absent from the meeting.)