HomeMy WebLinkAbout04-16 PC Staff ReportCONDITIONAL USE PERMIT #04-16
VICKI NASH
Staff Report for the Planning Commission
Prepared: May 20, 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 Pending
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 Planning Commission 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 Friday.
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, it would be appropriate for the Planning Commission to offer
a recommendation concerning this application to the Board of Supervisors.
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CUP #04-16, Vicki Nash
May 20, 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.
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CUP #04-16, Vicki Nash
May 20, 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 o f
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 Friday.
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.