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HomeMy WebLinkAbout004-26 (CUPPublicGarageLamarRosenberry) CONDITIONAL USE PERMIT #02-26 Lamar Rosenberry Public Garage/Automotive Repair Staff Report for the Board of Supervisors Prepared: July 2, 2026 Staff Contact: Amy Feltner, Planner Executive Summary: Meeting Schedule Planning Commission: June 3, 2026 Planning Commission: July 1, 2026 Action: Deferred Action: Approved Board of Supervisors: July 8, 2026 Action: Pending Property Information Property Identification Number (PIN) 07-6-2 Address 730 Pack Horse Road Magisterial District Gainesboro Acreage +/-9.88 Zoning & Present Land Use Zoning: RA (Rural Areas) Land Use: Residence Adjoining Property Zoning & Present Land Use North: RA (Rural Areas) District Land Use: Residential South: RA (Rural Areas) District Land Use: Residential East: RA (Rural Areas) District Land Use: Residential/Vacant West : RA (Rural Areas) District Land Use: Residential Proposed Use This is a request for a Conditional Use Permit (CUP) for a public garage for automotive repair in the RA (Rural Areas) Zoning District . Page 2 of 5 Review Agency Comments: Review Agency Comment Date Comment Summary Virginia Department of Transportation (VDOT) February 11, 2026 Approved – no negative impact on the transportation network. If the use increases or changes, an opportunity to review the CUP again would be necessary. Frederick-Winchester Health Department April 7, 2026 Approved – a 4-bedroom construction permit has been issued for the dwelling only. The drainfield installation should commence immediately. Frederick County (FC) Inspections February 23, 2026 Change of occupancy permit required, must meet Building Code and have accessible parking and route. FC Fire Marshal February 23, 2026 The business shall comply with the FC Fire Prevention Code. FC Public Works March 25, 2026 No comment. No proposed change to grading or to stormwater infrastructure. FC GIS February 9, 2026 No need for new road names or a separate address unless owner is requesting a separate address. Planning & Zoning: Application Proposal: This is a request for a conditional use permit (CUP) for a public garage for automotive repair in the RA (Rural Areas) Zoning District on +/-9.88-acres. The proposed repair garage will be operated inside an existing 28’ x 52’ area inside the existing structure (garage). The repairs and services will consist of preventive maintenance, computer diagnostics, and failed sensor/parts replacements. No engine or major automotive component overhauling will be conducted . Waste and scrap materials are stored inside the facility and recycled on a consistent basis. The hours of operation as proposed in the application are 8 a.m. – 5 p.m. Monday through Friday and by appointment only on Saturday and Sundays. The anticipated number of customers in the application are one (1) to two (2) customers daily, and 7-10 customers weekly. Page 3 of 5 Staff Analysis: §165-304.02 of the Federick County Zoning Ordinance for Conditional Use Permits (CUP) states that the Planning Commission and Board shall consider the following standards when considering Conditional Use Permits: A. The conditional use shall not tend to change the character and established pattern of development of the area of the proposed use. • Public Garage is designed for use of servicing, repairing, or equipping motor vehicles. (§165-1105-04). The proposed use is permitted in the RA (Rural Area) District with an approved conditional use permit. The property is surrounded by other RA (Rural Area) zoned properties, which includes vacant agricultural and single-family detached residences. The property is zoned RA (Rural Area) and will not change the character and established development of the area. B. The conditional use shall be in harmony with and shall not adversely affect the use and enjoyment of surrounding properties. • The property is surrounded by other RA (Rural Area) zoned properties, which includes vacant agricultural and single-family detached residences. The proposed use will not adversely affect the use and enjoyment of the surrounding properties. C. The conditional use shall be in accord with the policies expressed in the Comprehensive Plan of the County and with the intent of this chapter. • The Comprehensive Plan identifies this area of the County as “rural” and is to remain agricultural in nature and is not part of any land use study. D. The conditional use shall not adversely affect the natural character and environment of the County. • The proposal would not adversely affect the nature and character of the environment of the County. No new structures are requested, and the operation is conducted inside an existing facility as proposed. E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and drainage are provided. • The property is accessed via an existing private driveway located at 730 Pack Horse Road. F. The conditional use shall conform with all applicable regulations of the district in which it is located. • The Zoning Ordinance provides additional regulations for motor vehicle service uses, automotive repair shops, and public garages in §165-704.02. The additional regulation for specific uses is as follows: Page 4 of 5 o All repairs shall take place within the enclosed structure. o All exterior storage of parts and equipment shall be screened from view of surrounding properties by an opaque fence or screen of at least six feet in height. o Inoperative vehicles shall be stored within a totally enclosed building or screened on all sides by a six-foot tall opaque element such as a fence, wall or berm. The sale of automobiles is prohibited. Staff conducted a site inspection on April 15, 2026. The parking area is currently screened on the north, east, and south side of the property with existing structures. Should the need to store vehicles in this area in the future, an opaque screening element will be provided on the western side of the parking area. The location and type of the screening will be noted on the illustrative sketch. Planning Commission Summary & Action from the June 3, 2026 Meeting: The Planning Commission recommended holding the public hearing on July 1, 2026 at their regularly scheduled meeting. (9-0) (Roger Thomas, Jeff McKay, and Justin Kerns absent). Planning Commission Summary & Action from the July 1, 2026 Meeting: The Planning Commission held a public hearing at their regular scheduled meeting on July 1, 2026. The Planning Commission unanimously recommended approval (11-0) (John Lamanna & Charles Markert absent). Conditions of Approval: Should the Planning Commission find the public garage use to be appropriate, staff would suggest the following conditions for the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The required drainfield/septic approval shall be inspected and approved by Virginia Department of Health prior to the establishment of the use. 3. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 4. All automotive repair related activities, including repairs, shall occur entirely within an enclosed structure. Any exterior storage of parts and equipment shall be screened from view by an opaque fence or screen at least six (6) feet in height. 5. All parking areas shall have a gravel or hard surface. 6. The business is not permitted employees beyond those residing on the property. 7. The hours of operation shall be from 8 a.m. to 5 p.m. Monday through Friday. Saturday Page 5 of 5 and Sunday by appointment only. 8. A maximum of three (3) vehicles awaiting service is permitted. 9. Any expansion or change of use shall require a new Conditional Use Permit. Following a public hearing, staff is seeking a decision by the Board of Supervisors on this CUP application. The plan is to repair automotive vehicles by appointment. Repairs will be done inside the main area of the enclosed structure. The structure is 48ftX52ft, however, the repair work will only be done in the main 28ftX52ft area. There is a dividing wall that separates the main area from a lean-to portion of the structure and that portion is 20ftX52ft and will be for personal use only. Waste and Scrap materials will be recycled on a consistent basis and or remain inside the main 28ftX52ft structure to maintain a clean and tidy exterior and interior of the facility. All inoperable vehicles that arrive will be stored inside the garage for the duration of the repairs and will be by appointment only. The repairs and services will consist of automotive preventive maintenance, computer diagnostics, and failed parts or sensor replacement. There will be no engines or major automotive components overhauled at this facility. Auto parts deliveries will happen during normal business hours with approximately 2 deliveries per day and or 12 per week depending on work load. UPS and FEDEX will also be normal delivery methods. Inoperable vehicles that arrive on light duty rollback by appointment and will be stored in the enclosed structure and during the repairs. No heavy-duty vehicles for deliveries will be needed for the repairs and services. There are vehicles and equipment on the property that are not associated with the business and are for personal use and for maintaining the farm. The arial imagery or satellite view from 2021 is not a good representation of the customer parking area orderliness that is planned. Operating a normal 8am-5pm, Monday – Friday, and or by appointment. Customers will arrive and leave from the designated parking area. 1-2 customers per day, possibly 7-10 customers per week. No employees and or hiring planned for the foreseeable future. There will be no advertising of the business or the address of the business to help maintain the ‘by appointment’ protocol.