HomeMy WebLinkAbout11-01 BOS Staff ReportPC REVIEW: 09/05/01
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CONDITIONAL USE PERMIT #11-01
Walter I. Floyd, Jr.
Bed & Breakfast (Motel/Resort)
LOCATION: This property is located at 6244 Wardensville Grade.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 69 -A -44A
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use:
Residential and Vacant
PROPOSED USE: Bed & Breakfast Motel (Motel/Resort)
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have no measurable impact on Route 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 minimum commercial standards.
Fire Marshal: Emergency vehicle access maintained at all times; a vertical clearance of 14.5
feet per NFPA 299 for the width of roadway. Narrow areas of turns in roadway cut back to
accommodate a 34 -foot average fire apparatus. Plan approval is recommended.
Inspections Department: Dwelling shall not require a change of use permit provided the
occupant load does not exceed five. If you wish to exceed this amount, a Change of Use
permit shall be apply for and the building shall comply with The BOCA National Building
Code/1996 for Use Group R-1, Residential (Hotel. & Motel), Section 310.4. Please submit
a floor plan at the time of permit application. A new certificate of use and occupancy shall
Walter I. Floyd, Jr. CUP #11-01
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September 28, 2001
be issued prior to occupancy if change of use is necessary.
Health Department: See attached Permit issued by the Health Department.
Planning and Zoning: This proposed Bed & Breakfast (Motel/Resort) use is permitted in
the RA Zoning District with an approved conditional use permit (CUP). The Frederick
County Zoning Ordinance does not specifically address a "Bed and Breakfast" type of
operation. One reason for this is the fact that the use is very difficult to define. The National
Standard Industrial Classification (SIC) Manual lists bed and breakfast operations under the
motel/resort category; staff believes this to be appropriate as related to the Zoning Ordinance.
This bed and breakfast would take place in a three-bedroom house located on the property.
The dwelling meets all of the RA District setback requirements. The property is surrounded
by like properties, with the nearest property with a dwelling being 50 feet from the proposed
bed and breakfast. The number of guests will not exceed eight (8) at any given time. It is
staffs belief that this proposed use will not have any negative impact on the surrounding
properties.
STAFF CONCLUSIONS FOR THE 09-05-01 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use to be appropriate, staff would recommend the
following conditions:
All review agency comments shall be complied with at all times.
2. No more than eight (8) guests shall be permitted at any given time.
3. Based on the scale of this proposed use, Cottage Occupation sign requirements would be
appropriate. Signage shall not exceed four (4) square feet.
4. Any expansion or change of use will require a new conditional use permit.
PLANNING COMMISSION SUMMARY & ACTION OF 09/05/01 MEETING:
Commission members inquired if it would be permissible for the applicant to have more than eight
guests on some occasions, for example, if there was a wedding reception. Staff replied that the
Health Department has restricted the CUP to eight persons because of the limitations of the septic
system; if the applicant wishes to expand the bed and breakfast to include gatherings and meeting
Walter I. Floyd, Jr. CUP #11-01
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September 28, 2001
places, the applicant would be required to apply for a new CUP for expansion of the business. The
applicant and owner of the property stated that because of the small size of the building, he did not
intend to have large groups or gatherings.
There were no public comments. Commission members were of the opinion that the proposed use
would not have a negative impact on the surrounding properties and believed the use was appropriate.
The Commission unanimously recommended approval of the CUP with the same conditions as
recommended by the staff as follows:
All review agency comments shall be complied with at all times.
2. No more than eight (8) guests shall be permitted at any given time.
Based on the scale of this proposed use, Cottage Occupation sign requirements would be
appropriate. Signs shall not exceed four (4) square feet.
4. Any expansion or change of use will require a new conditional use permit.
(Note: Mr. Cordell Watt and Mr. S. Blaine Wilson were absent from the meeting.)
O: AgendasTOMMENTSTUP's\2001MalterFloyd jr.wpd