009-21 (CUPCoreyGarrison) ORDINANCE
Action:
PLANNING COMMISSION: June 16, 2021 Recommended Approval
BOARD OF SUPERVISORS: July 14, 2021 Approved
ORDINANCE
CONDITIONAL USE PERMIT #05-21
CORE' GARRISON
WHEREAS, CONDITIONAL USE PERMIT APPLICATION #05-21 was submitted by Corey
Garrison to allow for the operation of a Boat Repair Shop. The property is located at 7341 Northwestern
Pike, Gore, Virginia and is further identified with Property Identification Number 27-A-93 in the
Gainesboro Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on June 16, 2021 and recommended approval with conditions; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional
Use Permit during their regular meeting on July 14, 2021; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use
Permit to be in the best interest of the public health, safety, welfare, and in conformance with the
Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that
Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning inap to reflect that
Conditional Use Permit#05-21 to allow for a Boat Repair Shop on the parcel identified with Property
Identification Number 27-A-93 is approved with the following conditions:
1. All review agency con rents and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all
improvements completed prior to the establislnnent of the use.
3. This use shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
204.33. Boat repair shop.
4. Hours of operation shall not exceed 8 a.m. to 8 p.m. Monday through Sunday.
5. Any proposed business sign shall be monument style not to exceed twenty-five (25) square
feet in size and ten (10) feet in height.
6. No more than two (2) employees with this CUP.
7. Conditional Use Pen-nit#04-01 shall be void upon approval of this Conditional Use Permit.
RES# 009-21
8. Any expansion or change of use shall require a new Conditional Use Pennit
This ordinance shall be in effect on the date of adoption. Passed this 143' day of July 2021 by the
following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells Aye
David D. Steglnaier Aye Judith McCann-Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Mary T. Pri e
Interim Frederick County Administrator
RES# 009-21
CONDITIONAL USE PERMIT #05-21
4SG�' CSG
Corey Garrison-Boat Repair Shop
A a Staff Report for the Board of Supervisors
Prepared: June 30,2021
;738 Staff Contact: Mark R. Cheran, Zoning Administrator
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: 06/16/21 Recommended Approval
Board of Supervisors: 07/14/21 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for a boat repair shop located at 7341
Northwestern Pike, Gore. The 2035 Comprehensive Plan identifies this property within an area
of the County intended to remain rural in nature. It appears that this use would not have any
significant impacts on the adjoining properties.
The Planning Commission held a public hearing for this application at their meeting on June 16,
2021, and recommended approval. Should the Board of Supervisors find this application to be
appropriate, the Planning Commission recommended that the following conditions be attached to
the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan shall be submitted to and approved by Frederick County and
all improvements completed prior to the establishment of the use.
3. This use shall meet the requirements of the Frederick County Zoning Ordinance Section 165-
204.33. Boat repair shop.
4. Hours of operation shall not exceed 8 a.m. to 8 p.m. Monday through Sunday.
5. Any proposed business sign shall be monument style not to exceed twenty-five (25)
square feet in size and ten (10)feet in height.
6. No more than two (2) employees with this CUP.
7. Conditional Use Permit 404-01 shall be void upon approval of this Conditional Use
Permit.
8. Any expansion or change of use shall require a new Conditional Use Permit.
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 905-21, Corey Garrison Boat Repair Shop
June 30, 2021
LOCATION: The subject property is located at 7341 Northwestern Pike, Gore, Virginia.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 27-A-93
PROPERTY ZONING& PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Shop
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Residential
PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to establish a boat
repair shop.
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 providing
access to the property. The existing entrance on Route 50 is in need of minor repair to bring it
up to VDOT standards for the proposed use. Should the use ever expand in the future, the
entrance will need to be reviewed, to determine if additional improvements may be required.
Frederick County Inspections: Please see the Mark Fleet, Building Oficial, comment sheet
dated December 3, 2020.
Frederick County Fire Marshall: Approved
Winchester-Frederick County Health Department: Please see the Jim Davis, Environmental
Health Supervisor, letter dated November 20, 2020.
Planning and Zoning: The property is surrounded by other RA (Rural Areas) zoned property,
which includes 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 Frederick County Zoning Ordinance defines a "Boat Repair Shop" as A structure or portion
thereof, designed or used for servicing, repairing or equipping boats. The proposed use take
place entirely within an existing building on-site.
Page 3
CUP 905-21, Corey Garrison Boat Repair Shop
June 30, 2021
The Zoning Ordinance also contains supplementary use regulations that apply to boat repair
shops:
165-204.33 Boat repair shop
All boat repair uses shall meet the following requirements:
A. All repair activities shall take place entirely within an enclosed structure.
B. All exterior storage of parts, equipment, and boats shall be screened from view of
surrounding properties by an opaque fence or screen a minimum of six (6) feet in height.
This fence or screen shall be adequately maintained.
C. In the RA, M1, and M2 Zoning Districts the sale or resale of boats shall not be permitted
as an accessory or secondary use to a boat repair shop.
With this request, the Applicant intends to have customers dropping off boats for repair and then
picking up once work has been completed. No customer waiting area is proposed with this use.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/16/21 MEETING:
Staff reported that this is a request for a Conditional Use Permit (CUP) for a boat repair shop
located at 7341 Northwestern Pike, Gore, in the Gainesboro Magisterial District. It was noted
that the site previously operated as an automobile repair shop under an approved conditional use
permit. Staff then provided an overview of the definition and supplementary use regulations that
pertain to boat repair shops as outlined in the zoning ordinance and then provided an outline of
the proposed conditions. The Planning Commission requested confirmation that the Applicant
understood and agrees to all conditions proposed with this permit. Mr. Corey Garrison, the
Applicant came forward and discussed his request to move his business to this site; he also noted
that he understood and agrees to the proposed conditions. The Commission asked if all work
would be conducted within the building; the Applicant responded that all repairs would occur
within the structure, and he will be installing a fence to screen boats waiting to be repaired.
A motion was made, seconded, and unanimously passed to recommend approval of CUP 905-21
Correy Garrison (Boat Repair).
(Note: Commissioner Kozel was absent from the meeting)
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
CUP # 05 - 21 : Corey Garrison
PIN: 27 - A - 93
Boat Repair and Supplies
Location Map
b
e
.a
50
o
'L
t a
i +•
"' t,•,,,;�;. CUP
` .. • .fir/r�'f� 9 \ - �
OV
GM
r
• P
t
_C R
:r
N
Ore eeV�`A' y - NORTH...
% 5
ore
a � �, � NOIRE REVS LN
LAO
ORE'RD
r N
Application 1
Parcels 7 \ WE
J S
r r
Frederick County Planning&Development
_ 107 N Kent St
Winchester,VA 22601
540-665-5651
0 50 100 200 Feet Map Created:May 13,2021
Submittal Lune ��I
P/C Meeting
BOS Meeting
i
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY,VIRGINIA
1. Applicant(check one}: Property Owner —_ other F41
NAME: Corey Garrison
ADDRF,SS: 742 Parishville Rd Gore VA 22637
TELEPHONE: 540-6314876
2. Please list all owners,occupants, or parties in interest of the property:
Charlotte Kollar Managing Member of LLAP,LLC
Corey Garrison, Lakeside Marine LLC(Business Owner)
3. The property is located at: (please give exact directions and include the route number of
your road or street)
7333 Northwestern Pike Gore VA 22637 (Route 50W)
Take Northwestern Pike Westbound from the Intersection of Northwestern Pike and National Lutheran Blvd 9.4
miles.Make a U-turn at the cross over.Building is immediately on the right.
4. 'i'he property has a road frontage of 330 — feet and a depth of 193 feet and
consists of 1.25 acres. (Please be exact)
5. The property is owned by LLAP LLC as
evidenced by deed from Char]gtte Kollar (previous owner) recorded in
deed book no. 693 on page 725 ._, as recorded in the records of the Clerk of the
Circuit Court,County of Frederick.
6. Property Identification Number(P.I.N.)27 A 93
Magisterial Districtainesboro��
Current Zoning RA �
5
7. Adjoining Property:
USE ZONING
North Vacant Land RA
East Hornesite RA
South Hornesite RA
West Vacant Land RA
8. The type of use proposed is (consult with the Planning Dept. before completing):
Boat repaid supplies
9. It is proposed that the following buildings will be constructed:
Ulsfing Structure
10. The following are all of the individuals, firms, or corporations owning property
adjacent to both sides and rear and in front of (across street from) the property
where the requested use will be conducted. (Continue on back if necessary.)
These people will be notified by mail of this ap2lication:
an
Name Name d Property Identification Number Address
NameRonald E Seldon 561 VA Line Rd
Property#27 A 92 Highview WV 26808
NarneWanda Whitacre 7353 Northwestern Pike
Property-#-27 A 94 Gore-, VA 22637
NameAllen Hartley 7319 Northwestern Pike
7an
Property#27 A 91 Gore, VA 22637
NarneMaude Kerns 611 West Star Drive
Property#27 A 83 Lyman SC 29365
Name
Property#
Name
Property#
Name
Property#
6
11. Please use this page for your sketch of the property. Show proposed and/or existing
structures on the property, including measurements to all property lines.
ZI
12. Additional comments, if any:
I(we),the undersigned,do hereby respectfully make application and petition the governing body
of Frederick County,Virginia to allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed at the front property line at
least seven(7)days prior to the first public hearing and maintained so as to be visible until after
the Board of Supervisors'public hearing. Your application for a Conditional Use Permit
authorizes any member of the Frederick County Planning Commission,Board of Supervisors or
Planning and Development Department to inspect your property where the proposed use will be
conducted.
Signature of Applicant
Signature of Owner
Owners'Mailing Address 4041 Universily Drive Suite 301.Fairfax VA 22030
Owners' Telephone No. (541) 539-4993
IQ BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
9
7
CQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Virginia Department of Transportation
N. it to: Hand deliver to:
i ginia Department of Transportation Virginia Department of Transportation
n: Resident Engineer Attn: Resident Engineer
1 31 Old Valley Pike 2275 Northwestern Pike
E inburg, Virginia 22824 Winchester, Virginia 22603
I le local office of the Transportation Department is located at 2275 Northwestern Pike in
jnchester if you prefer to hand deliver this form.
A FtZer
ant It is your responsibility t6 complete this form a accurately as possible in order to assist the
ag with their review. Also, please attach two (2) copies of your application form, location map and
all pertinent information.
Applicant's Name: Corey Garrison Telephone: 5409314876
lVailing Address: 742 Parishville Rd
Gore, VA 22637
F
e of development and/or description of the request:
Ul of the existing shop for boat repair/supplies
Lecation of Property:
TV 1 Northwestern Pike Gore VA 22637
6inia Department of Transportation Comments:
he application for a Conditional Use Permit for this property appears to have little
measurable impact on Route 50,the VDOT facility providing access to the property. The
xisting entrance, on Route 50, is in need of minor repair to bring it up to VDOT standards
or the ro osed use. Should the use ever expand in the future,the entrance will need to be
eviewed,to determine if additional improvements may be required.
OT Signature & Date: MMEW-- •;/ L)
Notice to VDOT - Please Return Form to Applicant
REQUEST FOR CONDITIONAL ITSE PERMIT COMMENTS
r
r
Frederick County Inspections Department
Mail to: Hand deliver to:
xed r i�xxty Ta pee �D ar sn# -Frederick Co .Inspections Oepartn=t
107 North Kent Street,2nd Floor Attn: Building Official
Winchester,Virginia 22601 107 North Kent Street, 2nd Floor
(540)665-5650 Winchester,Virginia
pplicaie � It is your'ri~,spabilty`tiQ cotiplete this #firm as:accurately as possible in order ssist tl
agency with thew review. Also,pkm attach two(2) copies of your application form, location map and
a#
Applicant's Name: Corey Garrison Telephone: 5409314876
Mailing Address: 7_42 Parishvilie Rd
G
ore,VA 22637
tl
Name of development and/or description of the request: orks i,,su�ty
Use of the existing shop for boat repair/supplies
Location of Property:
7341 Northwestem Pike More VA 22631
Building Official's Comments:
c�
r Building Official's Signature &Date:
a�
Notice to Inspections Department-Please Return This Form to the applicant
__j
'Iz
Conditional Use request to use existing residential garage for commercial use.
The area utilized shall comply with the 2015 Virginia Uniform Statewide Building Code,
Virginia Mechanical Code 2015, and ANSI Al 17.1-09-Accessible and Usable Buildings and
Facilities.
Electrical Permits and Plumbing Permits are required. Mechanical Permits are required for
heating appliances. Energy requirements shall comply with the Virginia Existing Building Code.
Please submit a permit application for the proposed alterations,including the demolition of
noncompliant framing. Please include a floor plan of the current garage layout and a future floor
plan of the proposed layout.
An accessible entrance shall be provided. Existing two rise stair shall be provided with handrails
on both sides as required. Accessible route shall be provided from parking area and unloading
area to main entrance per ANSI Al 17.1-09. Future pavement shall maintain 2%slope at
parking/unloading and 5%for route. An accessible entrance shall be provided.
Restrooms provided inside facility. Restrooms shall be made accessible to fullest extend
possible. 20%ANSI rule applies.
The storage and use of flammable and combustible liquids shall comply with the Virginia
Building Code,T307.1.1.
Waste oil,motor oil and other Class IIIB liquids shall be stored in approved tanks or containers
as permitted.
Interior framework for unknown purposes shall provide headroom/ceiling clearances.
Mezzanine storage shall be designed to accommodate the per square floor loading as required.
Existing noncompliant stairs shall be blocked off"no public access"
Final inspection/approval with certificate of occupancy shall be issued prior to new use of the
facility.
IRE QUEST FGR CO Ji4-flOJ.'iTA.�':�..., USE FE1�.MI Y.' CGMMEN.� .J
ftederick County Fire Morstial
man Bawd defiver w:
CEy1.my Tire Marshal .d'-f�.e':Ac ck L?t.u��:.��-J -`�i-.� �e
800 Coverstone give P%Ifti: Fire ld'ai:,DI
Wine,hester, Virginia 22602 Public Safety Suiiwin w
(540) 665-6350 1800 Covei.-stone O-Ti �,-
Winchester, Vir iii_la
'aa t: It is yo-are, 611sibility to complete this form as, ac, ntely as
ra-,,Teacy, wid. thei-r review. i }Y_ 'limos: at"vack two o ��tai +x .c.C��:t,;u �n�.w6 �� �« E;•
�z{.-tie * ^?fd .i'.. .s ..rti,rYlLYiirrwYrMYrtiYnt Yn-- - .,... ......, ..
Applicant's Naive: Corey Garrison -54093)i4p
Mailing Address: 742 Parishville Rd
Gore,VA 22637
Name of development and/or description of the request-,
Use of the existing strop for boat repair/supplies
Location.o Property:
7341 Northwestem Pike Gore VA 22637
Fire Marshal's al's Com rients:
. _._- .
I
i
i Fire Marshal's Signature&Date: _._._._ ..__ ✓
,r
Notice to Fire Marshal -Please Return This Form tr) the
� I
Frederick County Fire and Rescue Department
Office of the Fire Marshal
1080 Coverstone Drive
Winchester, VA 22602
Phone: 540-665-6350 Fax: 540-678-4739
w
fmo@fcva.us
Plan Review
Conditional Use
Status: Approved with Conditions
Other
Corey Garrison
7341 Northwestern Pike
Gore, Virginia 22637
Phone: 540-931-4876
Printed Date: 05/11/2021
'General Information
Received Date: 11/19/2020 Occupancy Type:
Review Begin Date: 11/20/2020 Property Use:
Review End Date: 11/20/2020 Activity Number: 111BJ033 '
Hours: 1.0000 Review Cause: Remodel
,Activity Details
Project Name Boat repair/supplies
Comments,
Existing building to be used for boat repair.
Smoke detector(s)shall be present. A minimum of 2/10-B or 1/20-B portable fire extinguisher shall be present and properly installed.
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
q 1
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
z
Winchester-Frederick County Health Department
Mail to: Hand deliver to:
Frederick-Winchester Health Department Frederick-Winchester Health Department
Attn:-Sanitation Engineer Atter: Sanitati-on Engineer
107 North Kent Street 107 North Kent Street, Suite 201
Winchester, Virginia 22601 Winchester, Virginia
(540) 722-3480
r _
Applicant It is your respgns�b�lty to complete this dorm as accurately as possible tai order to assist the
agency with their.revs ew Also,please attach tvvfl (2 j copies cif yr aplXeaton form, loeattox �x%ap and
all oto pert �t I�far � n � f -
( y
Applicant's Name: Corey Garrison Telephone: 5409314876
Mailing Address: 742 Parishville Rd
Gore,VA 22637
Name of development and/or description of the request:
Use of the existing shop for boat repair/supplies
Location of Property:
7"341 Northwestem Bike Gore VA 22`63T`
Frederick-Winchester Health Department's Comments:
Health Dept. Signature &Date:
Notice to Health Department- Please Return This Form to the Applicant
�3
Lord Fairfax Health District
LORDFrederick/Winchester Environmental Health VIRGINIA
FAJUAX� 107 North Kent Street- Suite#201
FHr
�
Winchester, Virginia 22601 �UIT��H
Tel. (540)722-3480 — Fax 540 722-3479
HEALTH DISTRICT ( )
www.vdh.virgiWa.gov
November 24, 2020
Corey Garrison
742 Parishville Rd.
Gore, Virginia 22637
RE: Request for Conditional Use Permit Comments for use of an existing structure for boat
repair/supplies.
Frederick County Tax Map 27-A-93.
Dear Corey Garrison,
I have evaluated your request for a Conditional Use Permit to use an existing structure for boat
repair/supplies at the property designated as 7341 Northwestern Pike Gore, VA 22637.
Frederick/Winchester Environmental Health would have no objection to this request provided
the following parameters are met.
1. According to available well and septic records,the existing garage and a separate
dwelling are connected to a conventional gravity fed onsite sewage system designed to
accommodate a one (1)bedroom dwelling with a maximum of two (2) occupants with a
peak daily flow of 150 gallons per day. The existing garage is limited to an additional 50
gallons per day flow or two (2) employees at 25 gallons per day each. The total system
design is limited to 200 gallons per day.
2. The facilities at the garage should be for employee use only and not offered for use to the
public.
3. Although the separate dwelling is described as not currently occupied, the system design
limitations as described above remain until such time one or both structures are
disconnected form the septic system or other minor modifications are proposed. Prior
approval from this department is required. The existing garage may be designated as #7339
and the separate dwelling as #7341 but it is unclear.
Please contact me at(540) 722-3480 if you have further questions about this project.
Jim 1 is, REHS
Jim
nmental Health Supervisor
Special IA.mikcd 'I IWC Y. k
r
Ai
01
J,
Department of Planning& Developmeni, i onn'sy
107 North Kent Street, Winc!'ZCS" Cr. V"
Pbone {540;1665-5651 Facsimile (S,40)
know AMby These Presents That:
AID
Name ofl'ropc t, Omer/Applicant
is an entit -the iwnw ofak,crtk% ;djou!'.
JI'mulliple pev;nns own the property,)I'ttl,n111)li':oils ell Qxk i (I POVI1
Mailing Addrcss of Property Ov.Aiet-Appl ic'l lit
as owner of, or applicant with respect to, the tract(s)or parcel(s) of vll;O
Virginia,identified by following property identification nambels.
do hereby make. constitute, and appoilhit:
----------
Nainc of'Alioi jicy-in-Fwt
11,11ailiug
to :yet as my true and lawful attorney-in-fact for ind Jr nri imwcr, 4,-A:l.:�-
full power anti authority I would have if acting perswiai`ty. f,)fzlmi
to appliLalion with Frederick County, Virginia for the foiloni8z(w'
Rezoning
Conditional Use Permitry
Master Development Plait (prelim. of,ii-i"al",
ED
and,further, my ,Morney-in-fact shall have ;.h�! so IAT
amendments to previously approved proffered conditions cu,-!pi w:
,This appointment shall expire one yvar froiri tile tilat it
Signatut":
Title,(if si mit', r on tie is 0 1 C';lI l'y)
State oft'&
-Y%I—A,
Je per on A) sigmicl elle'' lcoei-ioii--Lr j n stn-I I-C I'll, ('llic)'Wdj'v
-)e I Al S"
saillc l: ore Inc kl tile Itisu"
it ;("'it �flv' a
0 C.2/--?IP/C,2 ID-2
TiC, M It
t
lld(P A
all
Untitled Page Page I of I
Frederick County V i1-milia
Pay/Lookup Taxes
Payment Home Personal Property Real Estate Dog Tags Pay Parking Violation Other Payments ShoppingCart(0) Pin Options
Change Email
Real Estate Ticket Detail
Previous
2020 REAL ESTATE
Dept/Ticket# 0002 Frequency[27�
RE2020 Supplement#
Name LLL,AtLLC Map#F27' 93 Account# 800E502'EF,-
Name 2 Bill Date 5�7/13-1-26-2-61 Acreage 1,250
Address 4041 UNIVERSITY DR—STE 301 _—j Due Date 52/07/2020 Improvements $79,600.00
r"" —-----
Dese j1 25.A E Land Value $65,000,00
=FAIRFAMX
Land Use $0.00
Zip 22030 3410 Minerals $0.00
Penalty Paid $44.10 Interest Paid $8.09 Last Transaction Date F0-1108/2021
Current Payment Status
Original Bill Payments Principal Balance Due Penalty Interest Balance Due
$441.03 ($441.03) $0.00 $0.00 $0.00 $0.00
Transaction History
Date Type Transaction# Amount Balance
4/13/2020 Charge 0 $441.03 $441.03 e
1/8/2021 Principal Paid 4085 ($441.03) $0 00
1/8/2021 Interest Paid 4085 $8.09 $0.00
1/8/2021 Penalty Paid 4085 $44.10 $0.00
Previous
L
https://fctaxes.co.frederick.va.us/Applications/TR—PayTaxes/REDetail.aspx 6/1/2021