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HomeMy WebLinkAbout07-16 PC Staff ReportCONDITIONAL USE PERMIT #07-16 Ginger Teets (Cottage Occupation) Staff Report for the Planning Commission Prepared: July 22, 2016 Staff Contact: M. Tyler Klein, AICP, Planner 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 Pending Board of Supervisors: 09/14/16 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a cottage occupation in the RA (Rural Areas) Zoning District for the sale of archery supplies and equipment. Should the Planning Commission find this application for a cottage occupation 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. One, small, cottage occupation sign permitted with approval of the Conditional Use Permit. 3. Hours of operation shall be 11:00 a.m. to 6:00 p.m. Tuesday through Friday and 8:00 a.m. to 6:00 p.m. on Saturdays. The business shall not operate on Sundays and Mondays. 4. No more than four (4) 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. Page 2 CUP #07-16, Ginger Teets (Cottage Occupation) August 3, 2016 LOCATION: This property is located at 3641 Green Spring Road, Winchester, Virginia MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 13-3-16 PROPERTY ZONING & PRESENT USE: Zoned: Rural Areas (RA) Land Use: Rural Areas ADJOINING PROPERTY ZONING & PRESENT USE: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Residential East: Rural Areas (RA) Use: Residential West: Rural Areas (RA) Use: Residential PROPOSED USE: The Applicant proposes a cottage occupation for sales of archery equipment and supplies. The Applicant intends to use an existing outbuilding (shed) on-site for the business. No additional employees are proposed beyond those residing on the premise and one small cottage occupation sign is proposed. REVIEW EVALUATIONS: Virginia Department of Transportation: Please see the attached email from Timothy Rhodes, VDOT Land Development Engineer dated June 17, 2016. Frederick County Inspections: Change of use for the existing storage building shall comply with the 2012 Virginia Rehabilitation Code. The new use classification shall be Business for the archery repair and supply operation. Other codes that apply are ICC/ANSI A117.1-2009 Accessible and Usable Buildings and Facilities, and Virginia Energy Code 2012. Please submit a floor plan of the area being utilized at the time of building permit application. Permit shall be issued, final inspection conducted with approval and a new certificate of use and occupancy shall be issued prior to operation. New occupancy shall comply with Virginia Mechanical Code for proper ventilation. Van accessible parking and unloading provided as required. Van signage must comply with Page 3 CUP #07-16, Ginger Teets (Cottage Occupation) August 3, 2016 USBC 1106.8. Accessible route shall be provided to the main entrance. Maximum slope for accessible route is 1:20 (5%). Winchester-Frederick County Health Department: Health Department has no objection to the above request. No employees may work onsite. No customers may access bathroom facilities. 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 sale of archery equipment and supplies business is in a part of the County that is planned to remain primarily rural in nature, and not part of any current land use study. The Frederick County Zoning Ordinance allows a cottage occupation in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The proposed use will take place within existing structures (an outbuilding/shed) on the Applicant’s property and is generally compatible with surrounding rural residential uses. The Applicant anticipates three (3) to four (4) customers per day, and will operate 11 a.m. to 6 p.m. Tuesday through Friday and 8 a.m. to 6 p.m. on Saturdays. The Applicant is also requesting a single cottage occupation sign that will not exceed four (4) square feet (SF) in area. The site has not been previously approved for a Conditional Use Permit. STAFF CONCLUSIONS FOR THE 08/03/16 PLANNING COMMISSION MEETING: Should the Planning Commission find this application for a cottage occupation to be appropriate, staff recommends that the following conditions bet attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. One, small, cottage occupation sign permitted with approval of the Conditional Use Permit. 3. Hours of operation shall be 11:00 a.m. to 6:00 p.m. Tuesday through Friday and 8:00 a.m. to 6:00 p.m. on Saturdays. The business shall not operate on Sundays and Mondays. 4. No more than four (4) 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.