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Home My WebLink About10-04 BOS Staff ReportlGK ` CO 4 CONDITIONAL USE PERMIT #10-04 w CHARLES D. BROWN Staff Report for the Board of Supervisors Meeting 'na 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 he useful to others interested in this Zoning matter. Reviewed Action Planning Commission: 06/02/04 Recommended Approval Board of Supervisors: 08/24/04 P,- LOCATION: This subject property is located at 161 McCarty Lane (Route 50 East). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(s): 65-3-8 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential PROPOSED USE: 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 50, 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 # 10-04 - Charles D. Brown August 11, 2004 Page 2 Frederick County Fire Marshall: Emergency vehicle access is required by providing a vehicle clearance of 13.5 feet for the entire width of the roadway leading to the structure. A designated parking area must be established in order to allow emergency vehicles uninhibited access around the circular drive. Applicant has met the assigned requirements of horizontal and vertical clearances and identified the parking spaces with signage. Plan approval recommended. Health Department: No objections. Facility in excellent condition at time of most recent inspection. Sewage disposal system appears to be functioning properly at this time. Frederick County Inspections: No change of use permit or comment required provided the occupant load does not exceed five in an existing dwelling. Planning and Zoning: This proposed application is in response to a zoning complaint that staff received. The applicant was cited for operating a motel/bed and breakfast use without an approved Conditional Use Permit. Obtaining an approved Conditional Use Permit is an available option to resolve this zoning violation. 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 use will take place on five (5) acres of land with the nearest buildings or dwellings being fifty (50) feet from this proposed use. The applicant also proposes to have outdoor events at this site, such as weddings and other outdoor events. These events shall be small in nature with no more than twenty-five (25) people at any one (1) event. Staff would recommend any events larger than twenty-five (25) people would require a site plan and a new Conditional Use Permit. There will be no employees associated with this proposed use, other than those residing in the dwelling. Based on the limited scale of this proposed use and evaluation of the property, it appears that this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 06-02-04 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) guests allowed. 3. No more than twenty-five(25) people per any one (1) event under this Conditional Use Permit. 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 #10-04 - Charles D. Brown August 11, 2004 Page 3 PLANNING COMMISSION SUMMARY & ACTION OF THE 06/02/04 MEETING: Two adjoining property owners came forward to speak regarding the motel/ bed and breakfast. The adjoining property owner to the west said that initially, they did not object to the bed and breakfast; but recently it has grown into a sizable business and commercial enterprises are prohibited by the deed covenants to the properties in this area. This adjoining property owner expressed concerns about impacts of traffic on the gravel road and possible impacts to the groundwater and septic system. He had also gotten the impression from the applicant that he could not conduct outside maintenance work in his yard at his own time and discretion. The other adjoining property owner to the south had no issues with the bed and breakfast and was supportive of the permit approval. A member of the Commission raised a concern about the amount of traffic associated with the bed and breakfast. No other outstanding issues of concern were raised by the Planning Commission and by a majority vote, they recommended approval with the same conditions as recommended by the staff, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) overnight guests allowed on any given day. 3. No more than twenty-five (25) people per any one (1) event under this Conditional Use Permit. 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. The majority vote was: YES (TO APPROVE): Fisher, Kriz, Thomas, DeHaven, Light, Morris, Unger, Watt, Straub NO: Rosenberry, Gochenour (Please note: Commissioners Ours and Triplett were absent from the meeting.)