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Home My WebLink About02-16 PC Staff ReportCONDITIONAL USE PERMIT #02-16 MARTHA SPARKMAN Staff Report for the Planning Commission Prepared: March 3, 2016 Staff Contact: Mark 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: 03/16/16 Pending Board of Supervisors: 04/13/16 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a Cottage Occupation-Massage Therapy. Should the Planning Commission find this application 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. No more than one (1) customer at any given time. 3. No employees allowed with this use. 4. One business sign shall be allowed and shall conform to the Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 5. Any expansion or modification of this use will require the approval of 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 #02-16, Martha Sparkman March 3, 2016 LOCATION: This property is located at 1045 Valley Mill Road MAGISTERIAL DISTRICT: Redbud PROPERTY ID NUMBER: 55-A-176A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Open Space Use: Residential East: RA (Rural Areas) Use: Residential West: RP (Residential Performance) 0Use: Residential PROPOSED USE: Cottage Occupation- Massage Therapy REVIEW EVALUATIONS: Virginia Department of Transportation: The existing driveway serving 1045 Valley Mill Road does not meet the minimum required 500’ of intersection sight distance to the left required for a Commercial Entrance. The entrance did however meet the minimum required Stopping Sight Distance requirements needed for Low Volume Commercial Entrances. A Low Volume Commercial Entrance can serve up to 50 total vehicle trips per day (25 entering, 25 exiting). We request that as a condition of this permit, the County restrict this facility to a maximum of 50 vehicle trips per day combined for the home business and the residence. Frederick County Inspections: Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code and section 302-B, Business Use Group of the International Building Code/2012. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities. Conditional Use of existing room for massage therapy. A change of use permit is required. Please submit a detailed floor plan with your permit. Lever type hardware shall be provided on all doors along the accessible route and business areas. 20% ANSI A117-09 rule applies. Page 3 CUP #02-16, Martha Sparkman March 3, 2016 Winchester-Frederick County Health Department: The Frederick County Health Department has no objection to this facility being used as a place for massage therapy. This facility is serviced by public water and sewer. Frederick County Sanitation Authority: No comments. Frederick County Fire Marshall: Plans approved. Winchester Regional Airport: No impact-no comments needed. City of Winchester: No comments. Planning and Zoning: Cottage Occupations are permitted in the RP (Residential Performance) Zoning District with an approved CUP. This proposed Cottage Occupation is for Massage Therapy that will take place within one (1) room of the Applicant’s dwelling. The definition for a cottage occupation is an occupation or profession customarily carried on in a dwelling unit or an accessory building, which: A. Actually is carried on wholly within the principal residential building or an accessory building or structure; B. Is carried on by no more than one person other than members of the family residing on the premises; and C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. This proposed CUP meets the definition of a Cottage Occupation. This use will take place within one (1) room of the Applicant’s single-family dwelling. There will be no more than one (1) customer at any given time. There will be no employees associated with this CUP. The clientele of this use will be via referral, phone, and internet. This property is not located in a subdivision, and is within the Urban Development Area (UDA) as noted by the 2030 Comprehensive Policy Plan. STAFF CONCLUSIONS FOR THE 03/16/16 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than one (1) customer at any given time. Page 4 CUP #02-16, Martha Sparkman March 3, 2016 3. No employees allowed with this use. 4. One business sign shall be allowed and shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in size. 5. 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.