HomeMy WebLinkAbout03-01 BOS Staff ReportPC REVIEW: 5/02/01 (Postponed); 5/16/01 (tabled); 6/20/01
BOS REVIEW: 7/11/01
CONDITIONAL USE PERMIT #03-01
KITTY B. HOCKMAN
KITTY HOCKMAN-NICHOLAS
Hedgebrook Farm Bed and Breakfast (Motel/Resort)
LOCATION: This property is located at 688 Shady Elm Road (Hedgebrook Farm).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 74-A-67
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential and Agricultural
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use:
Residential and Agricultural
PROPOSED USE: Bed and Breakfast
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to conditional use permit for this property.
However, prior to operation of the business, a commercial entrance must be constructed to
our minimum standards to allow for safe egress and ingress of the property. Any work
performed on the States' right-of-way must be covered under a land use permit. The permit
is issued by this office and requires an inspection fee and surety bond coverage. See
additional comment dated 5/25/01.
Inspections Department: Structure shall comply with the Virginia Uniform Statewide
Building Code and Section 310, Use Group R (Residential) of The BOCA National Building
Code/ 1996.
Fire Marshal: Recommend portable fire extinguishers. A plan showing designated parking
Hedgebrook Farm CUP #03-01
Page 2
July 26, 2001
areas is needed (designated parking areas to allow emergency access to the structure for
firefighting and emergency medical assistance). Bed & Breakfast should have own address
and posted at entrance on Shady Elm Road; eliminates confusion for emergency vehicle
access. Plan approval is recommended.
Health Department: The Health Department has no objections to the proposed Bed and
Breakfast as long as the applicant meets our requirements which are water samples for her
well, an application for a Bed and Breakfast and an application to renew the septic permit.
Sanitation Authority: We do not serve this area.
City of Winchester: No comments.
Winchester Regional Airport: This permit will not interfere with operations at Winchester
Airport; therefore, the airport has no objections to this request. We do advise owners to
notify their customers of proximity to the airport.
Planning and Zoning: This proposed bed & breakfast (motel/resort) would take place in a
two-bedroom house located on the property. The applicant has indicated that two rooms will
be rented in association with the bed and breakfast operation. The scale of the proposed use
is generally more intense than a single-family dwelling unit. Bed & breakfast (motel/resort)
is permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit.
The site of this proposed bed and breakfast (motel/resort) is located approximately 800 feet
from Shady Elm Road. The property is surrounded by like properties and property setbacks
are greater than required by the Zoning Ordinance. It is staff's belief that this proposed use
will not have any negative impact on the surrounding properties.
STAFF CONCLUSIONS FOR THE 05-02-01 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 addressed within 90 days of approval, and complied
with at all times.
2. Based on the scale of the proposed bed and breakfast, Cottage Occupation sign requirements
are appropriate. Signage shall not exceed four (4) square feet in area.
No more than two (2) bedrooms shall be utilized for the bed and breakfast operation.
Hedgebrook Farm CUP #03-01
Page 3
July 26, 2001
4. Any expansion or change of use will require a new conditional use permit.
Note: During the May 16, 2001 meeting, the Planning Commission tabled this application to allow
staff the opportunity to provide a nearby property owner, who spoke out during the meeting,
with written notification.
PLANNING COMMISSION SUMMARY & ACTION OF 06/20/01 MEETING:
The Planning Staff announced that the Hockman's conditional use permit (CUP) application is solely
for a "bed and breakfast" and does not include a "gathering and meeting place" use. Staff noted that
the "gathering and meeting place" use is the applicant's long-range vision for the property and should
they decide to proceed with that use in the future, they would need to apply for a revised CUP.
The Commission believed it was appropriate to allow the applicant the flexibility to expand to six
bedrooms for the bed and breakfast operation without having to revise their CUP. It was noted that
the Health Department had not restricted the number of bedrooms in their review of the permit and
the applicant would still need to meet all State requirements for a bed and breakfast.
There were no citizen comments and no issues of concern were raised by the Commission.
The Planning Commission unanimously recommended approval of the CUP with the following
conditions:
1. All review agency comments and applicable state permits required for B&Bs shall be
addressed within 90 days of approval and complied with at all times.
2. Based on the scale of the proposed bed and breakfast, Cottage Occupation sign requirements
are appropriate. Signage shall not exceed four (4) square feet in area.
3. No more than six (6) bedrooms shall be utilized for the bed and breakfast operation.
4. Any expansion or change of use will require a new conditional use permit.
(Note: Mr. Cordell Watt and Mr. Richard Ours were absent from the meeting.)
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