HomeMy WebLinkAbout12-04 PC Staff ReportCONDITIONAL USE PERMIT #12-04
LEDA J. DEHAVEN
Staff Report for the Planning Commission Meeting
Prepared: June 14, 2004
Staff Contact: Mark R. Cheran, Planner I
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 Pending
Board of Supervisors: 08/11/04 Pending
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
June 14, 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:
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. 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.