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HomeMy WebLinkAbout06-16 BOS Staff ReportCONDITIONAL USE PERMIT #06-16 Borden Real Estate, LLC Public Garage (with Body Repair) Staff Report for the Board of Supervisors Prepared: September 1, 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: 08/03/16 Public Hearing Held; Recommended Approval Board of Supervisors: 09/14/16 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING: This is a request to update and amend Conditional Use Permit #001-90 for a Public Garage (with Body Repair) by deleting the following conditions in an effort to re-open an existing public garage: Condition 3 This will be a one-year permit to be reviewed annually. Condition 4 If the use, occupancy or ownership of property ch anges, this conditional use permit will expire and a new conditional use permit will be required. Conditions 3 and 4 would no longer be required by Frederick County as a result of these two conditions a new CUP would be required. The original conditions are included for your reference. Should the Board of Supervisors find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. All repair activities shall occur entirely within the enclosed structures. 3. All exterior storage of parts and equipment shall be screened from view of the surrounding properties by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be limited to 7:00 am to 7:00 pm Monday through Saturday. 5. No more than four (4) employees allowed. Page 2 CUP #06-16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 6. No retailing or wholesaling of parts or vehicles on site. 7. No storage of inoperable vehicles on site. 8. No more than five (5) vehicles awaiting repair on site at any time. 9. An illustrative sketch plan shall be submitted to and approved by Frederick County, and all plan improvements shall be implemented prior to operating the business. 10. Any expansion or change of use will require a new Conditional Use Permit. 11. 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 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 3 CUP #06-16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 LOCATION: This property is located at 151 Conestoga Lane, Stephens City, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 85-A-5 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Public Garage with/body repair (inactive) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Church South: RA (Rural Areas) Use: Vacant Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Residential PROPOSED USE: Conditional Use Permit for public garage with body repair. REVIEW EVALUATIONS: Virginia Department of Transportation: A VDOT review has been conducted for the Conditional Use Permit Application at 151 Conestoga Lane, Stephens City, Virginia to operate as a public garage with body repair. This office has no overall objection to this Conditional Use Permit Application. I would like to note that the existing private street connection for Conestoga Lane to Route 11 is being upgraded as part of a site plan for Lighthouse Full Gospel Church. A VDOT Land Use Permit for this project is currently active. We encourage the Applicants of this Conditional Use Permit to work together with the Church for the construction of the entrance improvements. Winchester-Frederick County Health Department: The Frederick County Health Department has no objection as long as the conditions of the operating permit are met (cannot exceed four full time occupants and six maximum employees). Frederick County Fire Marshall: Plans disapproved: Access road marked as “Asphalt Driveway” does not meet width of 20’ requirement as per 2012 Frederick County Fire Prevention Code; 503.2.1 Dimensions. At least 1 smoke detector shall be in all areas this permit references Page 4 CUP #06-16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 At least1-5 lb ABC fire extinguisher with 75’ of all areas that this permit references Please note amended Fire Marshall revised comment dated June 22, 2016, approving plans for this use. Frederick County Inspections Department: Conditional Use request to use existing residential garage for commercial use. The area utilized shall comply with The Virginia Uniform Statewide Building Code, Virginia Mechanical Code 2012, and ANSI A117.1-09- Accessible and Usable Buildings and Facilities. Please submit a permit application for the change of use. Please include a floor plan of the current garage layout and a future floor plan of the proposed layout. Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking area/unloading to entrance shall be provided. Final inspection/approval with certificate of occupancy shall be issued prior to new use of the facility. Public restroom facilities shall be provided within 500’. Other S-1 garage, CO Dated 1990 shall be maintained under the 1987 VUSBC as required in the Virginia Property Maintenance Code 2012. No change of use required for garage labeled 153 Conestoga Lane on site plan. Winchester Regional Airport: No impact-no comments needed. Planning and Zoning: This is a request to update and amend an existing Conditional Use Permit for a public garage. This property is subject to conditions of CUP #001-90 approved by the Board of Supervisors March 28, 1990, for a public garage. Currently, this public garage has not been in operation but meets all of the requirements of the conditions of CUP #001-90. However, there are two (2) assigned conditions of CUP #001-90 that will require a new CUP: Condition 3 This will be a one-year permit to be reviewed annually. Condition 4 If the use, occupancy or ownership of property changes, this conditional use permit will expire and a new conditional use permit will be required. Conditions 3 and 4 would no longer be required by Frederick County as a result of these two conditions a new CUP would be required. The original conditions are included for your reference. This use will be conducted on a five acre parcel in two (2) structures approximately 3,250 and Page 5 CUP #06-16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 4,850 square feet in size. This use will be approximately 500 feet or more from any adjoining structures and properties. The structures were used as part of approved CUP # 001-90. All repair work will be conducted within the enclosed garages. STAFF CONCLUSIONS FOR THE 08/03/16 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. All repair activities shall occur entirely within the enclosed structures. 3. All exterior storage of parts and equipment shall be screened from view of the surrounding properties by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday. 5. No more than four (4) employees allowed. 6. No retailing or wholesaling of parts or vehicles on site. 7. No storage of inoperable vehicles on site. 8. No more than five (5) vehicles awaiting repair on site at any time. 9. An illustrative sketch plan shall be submitted to and approved by Frederick County, and all plan improvements shall be implemented prior to operating the business. 10. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/03/16 MEETING: Staff reported the property is located at 151 Conestoga Lane, Stephens City and is currently zoned RA (Rural Areas) and the current land use is a public garage with body repair which is inactive. Staff continued this is a request to update and amend an existing CUP (Conditional Use Permit) for a public garage. Staff explained this property is subject to conditions of CUP #001-90 which was approved by the Board of Supervisors on March 28, 1990. Staff noted this public garage has not been in operation however it meets all of the requirements of the conditions set forth with CUP #001-90. Page 6 CUP #06-16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 Staff reported there are two assigned conditions of CUP #001-90 that need to be removed and therefore a new CUP is required:  Condition 3 – This will be a one year permit to be reviewed annually.  Condition 4 – If the use, occupancy or ownership of the property changes, this CUP will expire and a new CUP will be required. Staff noted CUP’s convey with the property and therefore conditions such as 3 and 4 are no longer recommended by Frederick County. Staff reviewed the conditions recommended for the current CUP #06-16: 1. All review agency comments and requirements shall be complied with at all times. 2. All repair activities shall occur entirely within the enclosed structures. 3. All exterior storage of parts and equipment shall be screened from view of the surrounding properties by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be limited to 7 a.m. – 7 p.m., Monday – Saturday 5. No more than four (4) employees allowed. 6. No retailing or wholesaling of parts or vehicles on site. 7. No storage of inoperable vehicles on site. 8. No more than five (5) vehicles waiting repair on site at any time. 9. An illustrative sketch plan shall be submitted to an approved by Frederick County and all plan improvements shall be implemented prior to operating the business. 10. Any expansion or change of use will require a new CUP. Staff noted the Applicant would like to add a Cottage Occupation sign as condition #11 if possible. A Commission Member inquired regarding Condition #8; does this mean five (5) vehicles outside of the structure? Staff stated the five (5) vehicles does mean outside of the building. The Applicant came forward for questions. He noted he is satisfied with the conditions set forth by Staff. A Commission Member asked if there is an existing six (6) foot fence in place. The Applicant explained there is a large hedge and concrete wall but here is no fence at this time. A motion was made, seconded, and passed by unanimous vote to recommend approval of CUP #06-16 for Borden Real Estate LC with the addition of Condition #11 for a Cottage Occupation sign. Page 7 CUP #06-16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 Abstain: Oates Absent: Manuel and Molden CONCLUSION FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING: This is a request to update and amend Conditional Use Permit #001-90 for a Public Garage (with Body Repair) by deleting the following conditions in an effort to re-open an existing public garage: Condition 3 This will be a one-year permit to be reviewed annually. Condition 4 If the use, occupancy or ownership of property changes, this conditional use permit will expire and a new conditional use permit will be required. Conditions 3 and 4 would no longer be required by Frederick County, as a result of these two conditions a new CUP would be required. The original conditions are included for your reference. Should the Board of Supervisors find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. All repair activities shall occur entirely within the enclosed structures. 3. All exterior storage of parts and equipment shall be screened from view of the surrounding properties by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be limited to 7:00 am to 7:00 pm Monday through Saturday. 5. No more than four (4) employees allowed. 6. No retailing or wholesaling of parts or vehicles on site. 7. No storage of inoperable vehicles on site. 8. No more than five (5) vehicles awaiting repair on site at any time. 9. An illustrative sketch plan shall be submitted to and approved by Frederick County, and all plan improvements shall be implemented prior to operating the business. Page 8 CUP #06-16, Borden Real Estate, LLC Public Garage (with Body Repair) September 1, 2016 10. Any expansion or change of use will require a new Conditional Use Permit. 11. 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 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.