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Home My WebLink About17-00 BOS Staff ReportPC REVIEW: 11/01/00 (tabled) & 01/03/01 BOS REVIEW: 01/24/01 CONDITIONAL USE PERMIT #17-00 RHODA W. KRIZ Expansion of Cottage Occupation - Bed and Breakfast (#24-99) LOCATION: This property is located at 547 Apple Pie Ridge Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-206 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: Expansion of CUP #24-99 for a Cottage Occupation, Bed and Breakfast, to provide for receptions and other gatherings such as seminars, etc. REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this 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. Inspections Department: Area of the existing dwelling to be utilized shall comply with The Virginia Uniform Statewide Building Code and Section 305, Use Group E (Educational) and Section 303, Use Group A (Assembly) of the BOCA National Building Code. Other code that would apply is CABO A117.1-92, Accessible and Usable Buildings and Facilities. Please submit a floor plan of the area at the time of permit application for Change of Use and please note that a seal is required on the plan by a licensed Architect/Engineer for both A and E uses. (`B" use does not require a seal if occupancy load is under 50.) ADA parking and building access and egress shall be provided according to CABO Al 17.1-92 and BOCA, Chapter 11, along with accessible plumbing. Note Section 313, Mixed Use Groups of BOCA. Rhoda W. Kriz CUP 417-00 Page 2 January 18, 2001 Fire Marshal: A parking plan for these types of events will identify Fire Department access to the structure and curtilage. Plan approval is recommended. Health Department: The Health Department has no objections to the addition of wedding receptions and seminars. However, any food preparation should be catered from another facility and brought in. No more 60 persons at one time should attend the wedding receptions or seminars. The current permit for this property indicates a five -bedroom system design. This system is designed to handle 600 g.p.d. of water; there is no implied guarantee of future septic system performance by this department. Planning and Zoning: This application is a request to amplify the intensity of an existing cottage occupation. Currently, the property is being used as a bed and breakfast. If this Conditional Use Permit (CUP) is approved as requested, the property will also be used for weddings, wedding receptions, and other gatherings. The proposed use meets the conditions of a cottage occupation. A cottage occupation is allowed in the Rural Areas (RA) Zoning District with an approved CUP. The property is located along Apple Pie Ridge Road, approximately 1/3 of a mile north of James Wood High School and Apple Pie Ridge Elementary School. The lot itself is 19.138 acres in size. All adjoining lots are either residential or vacant in use. The property currently fits nicely into the residential nature of the surrounding area. In conjunction with the Frederick County Department of Fire and Rescue, the planning staff believes that the parking and access issue needs to be addressed in this request. In doing so, the staff recommends restricting parking anywhere in the access road. The purpose for this is to maintain complete circulation in the case a fire truck or ambulance is needed. In addition to this, the owner will need to maintain a 14 -foot -high clearance throughout the access road. UPDATE: The Planning Commission tabled this item for 60 days at the November 1, 2000 public hearing because they requested more information about the nature of the proposed expansion. Specifically, the Planning Commission requested that the applicant prepare a list of rules and regulations to better show their intent. Since the November Planning Commission meeting, staff has added several conditions to the proposed CUP. The applicant has also been in contact with the neighboring residents and has prepared a list of rules and regulations which they intend to follow. Staff did not incorporate this list into the set of conditions because it would not be consistent with the principle that a CUP should go with the land, rather than the applicant. Other conditions may be added should the Planning Commission or Board deem such conditions appropriate. Rhoda W. Kriz CUP #17-00 Page 3 January 18, 2001 STAFF CONCLUSIONS FOR 11-01-00 PLANNING COMMISSION MEETING: Approval of this conditional use permit would be appropriate with the following eleven conditions (conditions 1-4 were placed on the bed and breakfast on December 8, 1999): 1. All review agency comments and requirements shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed (4) four square feet in area. A sign permit will need to be issued by the County Building Inspections Department prior to the placement of a sign. 3. No more that (3) three bedrooms shall be utilized for the bed and breakfast operation. 4. Any expansion of the bed and breakfast shall require a new CUP. 5. Parking will not be permitted anywhere along the access road of the property if that parking prevents complete internal circulation. 6. The owner is responsible for keeping the trees and vegetation cut to provide a minimum vertical clearance of 14.5 feet along the entire access road. 7. The maximum occupancy load during any wedding, wedding reception, seminar, or other gathering shall be 50 persons. 8. Except for music used during wedding ceremonies, all forms of music and dance are to be kept within the house. Music, whether performed or pre-recorded, should not be audible beyond the property lines. 9. The existing natural screening between the house and the adjoining properties is to be maintained in a healthy condition. 10. No wedding, reception or seminar will begin before 7:00 a.m. or last beyond 9:00 p.m. Weddings and receptions are to be limited to three hours in duration. 11. All gatherings, other than wedding ceremonies, are to be held within the house. Wedding ceremonies shall be permitted within the lawn area directly in front of the house. Any change in the location of the gatherings shall require a new CUP. 0:\,Agendas\CONUvtENTS\CUP's\2000\RhodaKriz2B_CUP.wpd Rhoda W. Kriz CUP #17-00 Page 4 January 18, 2001 PLANNING COMMISSION SUMMARY & ACTION OF 01/03/01 MEETING: There were five persons who spoke in favor of the proposed CUP and seven persons who spoke in opposition. The following concerns were expressed by those opposed: • There would be an increase in traffic, due to the large number of persons attending these gatherings. • Pedestrians, such as high school athletes, would be at a greater risk because of the increased traffic. • There would be an increased risk of auto accidents and other negative influences in association with the serving of alcoholic beverages. • Approval of this CUP may set a precedent for other businesses to emerge in the area. • Noise may become a nuisance for the surrounding properties because ofmusic and other loud noises generally associated with wedding receptions. • Future owners of the property may abuse or accelerate the operation. • The appearance of a business does not suit the residential characteristics of the area. Among the persons who spoke in favor of the proposed CUP, some had previously visited the Kriz's home and were so impressed they had inquired ifthe Kriz's could host special events, such as seminars or retreats, because they believed there was a need in the area for this type of service; they believed the Kriz's were responsible enough to ensure controlled activities. The owner of the Valley Wedding Chapel wanted to coordinate weddings at the Kriz's Bed and Breakfast as one of the optional sites they offer to clients. An adjoining property owner to the south did not see how the operation would adversely affect him. Another individual did not see how a small, "mom and pop" operation could open the "flood gates" of commercial development in the area, nor did he believe that the alcohol served at the bed & breakfast posed near the threat as that of other alcohol distribution outlets in and around the James Wood High School area. The applicant stated that she would not be serving alcohol at the proposed functions; she said that she is willing to have the CUP become void upon the ill health or death of her or her husband and, although they have no intentions of selling their home, they would be willing to einsure that the CUP is not transferrable with the house and property. Many of the Planning Commissioners said that they were perplexed as to why there was so much objection to this kind of use on property of this size and nature. They believed that the concerns raised by neighbors at the previous meeting had been adequately addressed. However, due to the amount of perceived animosity and opposition in the neighborhood, the Planning Commission recommended denial of the CUP. The vote was as follows: 0.:\Agendas\COMMENTS\CUP's\2000\RhodaKriz2B_CUP.wpd Rhoda W. Kriz CUP #17-00 Page 5 January 18, 2001 YES (TO DENY): Fisher, Miller, Ours, Thomas, Marker, Light NO: Unger, DeHaven ABSTAIN: Kriz, Morris (Note: Mr. Wilson was absent from the meeting.) O: \Agendas\COMMENTS\CUP's\2000\RhodaKri z2B_CUP. wpd