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HomeMy WebLinkAbout04-16 BOS Staff ReportCONDITIONAL USE PERMIT #04-16 VICKI NASH Staff Report for the Board of Supervisors Prepared: June 13, 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: 06/01/16 Public Hearing Held; Recommended Approval Board of Supervisors: 06/22/16 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a Nail Salon. Should the Board of Supervisors find this application for a nail salon to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 10:00 a.m. to 6:00 p.m. Monday through Saturday. 4. No more than five (5) customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. 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. Page 2 CUP #04-16, Vicki Nash June 13, 2016 LOCATION: This property is located at 215 Fruit Orchard Drive, Gore, VA MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 17-22A-19 PROPERTY ZONING & PRESENT USE: Zoned: R-5 (Residential Recreational Community) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: R-5 (Residential Recreational Community) Use: Residential South: R-5 (Residential Recreational Community) Use: Residential Use: Residential East: R-5 (Residential Recreational Community) Use: Residential West: State of West Virginia Use: N/A PROPOSED USE: Nail salon REVIEW EVALUATIONS: Virginia Department of Transportation: Driveway entrance access to be located in West Virginia. Therefore, VDOT has no comments. 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 basement area as nail spa. A change of use permit is required. Please submit a detailed floor plan with your permit. A plumbing permit is required for the foot sink installation. Sink shall drain to an approved waste disposal system. A mechanical permit is required for the installation of the required ventilation. (T403.3, IMC 12-20 cfm/person is required for Beauty Salons). Each nail station shall be provided exhaust with a source caption system of 50 cfm per station. 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 #04-16, Vicki Nash June 13, 2016 Winchester-Frederick County Health Department: The Frederick County Health Department cannot approve a commercial business to be added to an existing drainfield. Please consult with a private onsite evaluator (OSE) to submit an application for approval with a permit. Frederick County Fire Marshall: Plans approved. Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering land use actions. The location of this proposed nail salon business is in a part of the County that is to remain rural in nature, and not part of any current land use study. The Frederick County Zoning Ordinance allows a nail salon as a cottage occupation in the R-5 (Residential Recreational Community) zoning district with an approved Conditional Use Permit. The proposed use will take place within the Applicant’s dwelling. There will be no employees with use, and the customer base five of (5) customers per day, with hours of operation will be Monday through Friday from 10:00 a.m. 6:00 p.m. The Applicant has agreed to the customer base, hours, and days of operation. There will be no signs with this Conditional Use Permit. Based upon the limited scale of the proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 06/01/16 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 signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 10:00 a.m. to 6:00 p.m. Monday through Saturday. 4. No more than five (5) customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/01/16 MEETING: Staff reported this property is currently zoned R5 (Residential Recreational Community) and the current land use is residential. Staff presented mapping identifying the location and an outline of the property. Staff continued, the property is surrounded by R5 properties on three sides and the State of West Virginia on the remaining portion. Page 4 CUP #04-16, Vicki Nash June 13, 2016 Staff explained Cottage Occupations are permitted in the R5 zoning district with an approved CUP. Staff continued this proposed Cottage Occupation is for a nail salon that will take place in the applicant’s residence using one room. Staff reviewed the conditions attached to this CUP and noted a minor revision to the hours of operation: 1. All review agency comments and requirements shall be complied with at all times 2. No signage allowed with this Conditional Use Permit 3. Hours of operation shall be 10:00 a.m. to 6:00 p.m. Monday – Saturday 4. No more than five (5) customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member referred to condition #2 and inquired why no signage is allowed. Staff noted the Applicant did not want any signs on the property. The Applicant came forward to address the question raised; she explained her home is part of an HOA which does not permit signage in yards and she will continue to respect that. A Commission Member inquired as to why the Frederick County Health Department could not comment on this application. Staff explained the health department did not comment because the Applicant’s drainfield is in the front yard of the property which is actually in West Virginia. Staff continued, they spoke to the Hampshire County Health Department as a courtesy requesting their opinion on this application. Staff concluded the Applicant provided documentation from Hampshire County noting the drainfield and its location. A motion was made, seconded, and unanimously passed to recommend approval of CUP #04-16 for Vicki Nash for a cottage occupation nail salon with a revision to the condition for the hours of operation from Monday – Friday to Monday – Saturday. Absent: Ambrogi, Unger, Manuel CONCLUSIONS FOR THE 06/22/16 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors find this application for a nail salon to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. Page 5 CUP #04-16, Vicki Nash June 13, 2016 3. Hours of operation shall be 10:00 a.m. to 6:00 p.m. Monday through Saturday. 4. No more than five (5) customers per day. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. 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.