HomeMy WebLinkAbout10-04 PC Staff ReportCONDITIONAL USE PERMIT #10-04
CHARLES D. BROWN
Staff Report for the Board of Supervisors Meeting
Prepared: June 9, 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: 06/02/04 Recommended Approval
Board of Supervisors: 07/14/04 Pending
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
June 9, 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:
1. 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.