Loading...
HomeMy WebLinkAbout01-19 PC Staff ReportCONDITIONAL USE PERMIT #01-19 Patrick & Alicia Smith – Bed & Breakfast and Campground Staff Report for the Planning Commission Prepared: March 26, 2019 Staff Contact: M. Tyler Klein, AICP, Senior Planner 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: 04/03/19 Pending Board of Supervisors: 04/24/19 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for the establishment of an owner-occupied bed & breakfast and campground in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a bed & breakfast and campground to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. Development of the property may include: a. A maximum of five (5) bed & breakfast guestrooms; b. A maximum of thirty (30) tent-only campsites, with any required supporting infrastructure including bathhouses; c. A maximum of ten (10) partially enclosed bunkhouses; and d. Supporting infrastructure such as separate commercial kitchen to serve campground guests. 3. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the both the bed & breakfast and campground uses. 4. Building permits are required for all buildings and structures. 5. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 6. Any ex pansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #01-19, Patrick & Alicia Smith – Bed & Breakfast and Campground March 26, 2019 LOCATION: The subject property is located at 591 Valley View Trail, generally in the Great North Mountain Wilderness Area, immediately northwest of the Shawneeland recreational community. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 48-4-33 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Open Space/Tuscarora Trail South: RA (Rural Areas) Use: Open Space East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of an owner- occupied bed & breakfast with up to five (5) guestrooms and campground with up to thirty (30) campsites and ten (10) non-enclosed bunkhouses and supporting infrastructure. REVIEW EVALUATIONS: Virginia Department of Transportation: A VDOT review has been conducted for the proposed Tuscarora Trail B & B CUP. The proposed business is located on a private road and therefore VDOT has no comments. Our review and comments are general in nature. See original comment email dated January 13,2019 & February 19, 2019. Frederick County Inspections: Single Family Dwelling unit shall comply with the 2015 Virginia Residential Code. Detached bunk houses shall be considered R-1, Hotel/Motel and shall comply with the Virginia Building Code 2015. Other codes that apply is the International Fire Code 2015 & the 2009 ANSI A117.1-09 Accessible and Usable Buildings and Facilities. Proprietor occupied bed and breakfast and other transient boarding facilities not more than three stories above grade plan in height, that are also occupied as the residence of the proprietor, with a maximum of five guest room sleeping units provided for the transient occupants are permitted to be classified as either Group R-3 or R-5 provided that smoke alarms are installed in compliance with Section 907.2.11.2 for Group R-3 or Section 314 of the IRC for Group R-5 (R-5) Smoke alarms shall be listed and labeled in accordance with UL 217 and shall be installed Page 3 CUP #01-19, Patrick & Alicia Smith – Bed & Breakfast and Campground March 26, 2019 in the following locations: In each sleeping room Outside each separate sleeping area in the immediate vicinity of the bedrooms On each story of the dwelling, including basements and habitable attics Common areas, such as food service areas, showers, bath house etc. shall be located on an accessible route that complies with ANSI A117.1-2009. Parking and unloading shall be provided. Commercial Kitchen shall comply with the Virginia Building Code, the Virginia Mechanical Code, and the International Fire Code 2015 5% of the non-enclosed bunk houses shall be accessible. Bunk houses shall comply with the Virginia Building Code. A detailed site plan is required for building permit submittal to determine slopes and grades as they relate to an accessible route Virginia Health Department approval may be required for food services. Please note the requirements in Chapter 17 of the Virginia Building Code 2015 for special inspections for this type of structure (soil, concrete, welding, bolts, etc.) See original comment letter dated February 21, 2019. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for a Conditional Use Permit for a proposed construction of a private, non- profit bed & breakfast and campground at 591 Valley View Trail, Winchester, VA 22602; Tax Map# 48-4-33, consisting of 100 acres. Based upon information supplied by the Applicant, the proposed facility will consist of one (1) bed & breakfast home with up to five (5) guest rooms, fifty (50) campsites (maximum of 30 proposed with CUP application), ten (10) non-enclosed bunkhouses, and two (2) bathhouses. The Applicant (s) must obtain applications and plan reviews for permits from this Health Department to construct the bed & breakfast and the campground. The completed application and plan review packets must be returned by the Applicant(s) to this Health Department complete and accurate, along with appropriate fees, if applicable. Applicant is welcome to contact this Health Department at (540) 722-3480 about any part of this correspondence. See original comment letter dated February 19, 2019. Page 4 CUP #01-19, Patrick & Alicia Smith – Bed & Breakfast and Campground March 26, 2019 Frederick County Fire Marshall: Approve. CUP approved provided that a site plan be submitted, and the structure comply with Frederick County Local & Fire Prevention Codes. See original comment letter dated December 26, 2018. Historic Resources Advisory Board: No comments. Shawneeland Sanitary District: Comment provided by Mr. Kevin Alderman, Shawneeland Sanitary District Manager: My biggest concern is the additional traffic that this facility may generate once it opens for business. Winter months bring a huge challenge to vehicles trying to access the top of the Mountain. Wolf Springs is the only trail to access the top. My staff is very diligent in keeping this trail open for all traffic but especially emergency vehicles. The additional traffic could create additional hazards. But after speaking with you this morning, I understand the traffic impact will be minimal. So from my stand point, there are no concerns at this point with the additional traffic. See original comment letter (email) dated March 12, 2019. Planning and Zoning: This is a request for a CUP to enable the establishment (new construction) of a bed & breakfast with up to five (5) guestrooms, a campground with up to thirty (30) tent-only campsites and up to ten (10) non-enclosed (i.e. partially-enclosed) bunkhouses and supporting campground infrastructure on a 100-acre property in the Great North Mountain Wilderness Area. Bed & Breakfasts and Campgrounds are permitted within the RA (Rural Areas) zoning district through an approved CUP. The Applicants plan to reside on the property and operate the bed & breakfast out of their home and manage campground business. The Applicants may also develop the property in phases. Per the application narrative, Phase I may include the owner’s single-family detached home with separate guestrooms; and Phase II may include the proposed tent camping sites, bunkhouses and bathhouses for use by campground guests and a separate commercial kitchen to serve campground guests. The Applicants intend to use the property to accommodate hikers using the Tuscarora Trail which runs adjacent to the property to the north and other recreationalists. This may include guests arriving via a vehicle and departing from the property, or guests hiking through on the trail. The approximately 252-mile Tuscarora Trail runs along the crest of the Allegheny and Blue Ridge Mountains passing through Virginia (including 26-miles through Frederick County), West Virginia, Maryland and Pennsylvania and is an alternative north/south route for the Appalachian Trail (AT). Page 5 CUP #01-19, Patrick & Alicia Smith – Bed & Breakfast and Campground March 26, 2019 The property is accessed via a 50-foot wide private right-of-way with gated access (Valley View Trail) that connects parcels in the Great North Mountain Wilderness Area to the Shawneeland subdivision (via Timber Ridge Trail to Wolf Spring Trail; both are private roads) and out to Back Mountain Road (State Route 600). The Applicant pays an annual fee to the Shawneeland Sanitary District for use of community roadways to access their property. The property is also served by the North Mountain Volunteer Fire and Rescue Company, located just outside of the Shawneeland Community, and the Company has a key to the gated private driveway to access the property during an emergency. The property is surrounded by other RA (Rural Areas) zoned property, which includes open space, agricultural/forestal uses, and single-family detached residences. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as “rural” and is to remain rural/agricultural in nature and is not part of any land use study. The Tuscarora Trail is also a recreation feature identified in the Comprehensive Plan, the Plan states: this trail is an important feature in the County for recreation and tourism. STAFF CONCLUSIONS FOR THE 04/03/19 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for the establishment of an owner-occupied bed & breakfast and campground in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a bed & breakfast and campground to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. Development of the property may include: a. A maximum of five (5) bed & breakfast guestrooms; b. A maximum of thirty (30) tent-only campsites, with any required supporting infrastructure including bathhouses; c. A maximum of ten (10) partially enclosed bunkhouses; and d. Supporting infrastructure such as separate commercial kitchen to serve campground guests. 3. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the both the bed & breakfast and campground uses. 4. Building permits are required for all buildings and structures. 5. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. Page 6 CUP #01-19, Patrick & Alicia Smith – Bed & Breakfast and Campground March 26, 2019 6. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.