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HomeMy WebLinkAbout07-16 BOS Staff ReportCONDITIONAL USE PERMIT #07-16 Ginger Teets (GT Archery - Cottage Occupation) Staff Report for the Board of Supervisors Prepared: September 1, 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 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 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 Board of Supervisors 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 twenty-five (25) 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. The Planning Commission unanimously recommended approval with conditions of CUP #07 -16 for Ginger Teets for a cottage occupation for sale of archery equipment and supplies. 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 #07-16, Ginger Teets (GT Archery - Cottage Occupation) September 1, 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; residential 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 the sale 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 allowed. 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 USBC 1106.8. Accessible route shall be provided to the main entrance. Maximum slope for accessible route is 1:20 (5%). Page 3 CUP #07-16, Ginger Teets (GT Archery - Cottage Occupation) September 1, 2016 Winchester-Frederick County Health Department: Health Department has no objection to the above request. No employees may work on-site. 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 an existing structure (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 notes that cottage occupations are typically lower-intensity uses, with a low volume of traffic and customers. Staff further notes that the number of customers permitted on -site per day is ultimately limited by the number of parking spaces and compliance with health department comments regarding use of on-site restroom facilities. 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 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. Page 4 CUP #07-16, Ginger Teets (GT Archery - Cottage Occupation) September 1, 2016 PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/03/16 MEETING: Staff presented CUP #07-16 at the August 3, 2016 Planning Commission public hearing, noting the site is a rural residence zoned RA and the Applicant is seeking a conditional use permit for a cottage occupation for the sale of archery equipment and supplies. Staff presented mapping identifying the location and an outline of the property and the proposed illustrative sketch for the cottage occupation. Staff continued that the property is surrounded by RA properties on all sides including residences and is well shielded from neighboring properties. Staff explained cottage occupations are permitted in the RA Zoning District with an approved CUP. Staff continued this proposed cottage occupation is for a retail business specializing in the sale of archery equipment and supplies that will take place in existing structures (an outbuilding/shed) on the property. Staff reviewed the conditions attached to this CUP, and noted that the Applicant had agreed to all conditions recommended: 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. The primary topic discussed by the Planning Commission was a condition of approval limiting the number of customers that could visit the site on any given day. A Commission Member inquired on condition #4, stating four (4) customers per day is extreme and how will this be regulated. Staff explained this number was set by the Applicant and he can explain this further. Shawn Teets, representing the Applicant explained it was a misprint on his part. A Commission Member inquired if condition #4 can be removed and it appears VDOT would be the only agency to raise concerns if any. Mr. Teets explained VDOT gave him a total number of fifty (50) per day; meaning twenty-five (25) in and twenty-five (25) out. A Commission Member recommended amending condition #4 to twenty-five (25) customers per day, which was seconded by a Commission Member. The Applicant agreed to the amended condition #4. Page 5 CUP #07-16, Ginger Teets (GT Archery - Cottage Occupation) September 1, 2016 One (1) member of the public spoke in favor of the application, noting that a business specializing in “high end” archery equipment and service was needed in Frederick County, as this is a very specialized hobby. A motion was made, seconded, and unanimously passed to recommend approval with conditions (as modified) of CUP #07-16 for Ginger Teets (GT Archery) for a cottage occupation. Absent: Commissioners Manuel and Molden CONCLUSION FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors 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 twenty-five (25) 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. The Planning Commission unanimously recommended approval with conditions of CUP #07-16 for Ginger Teets (GT Archery) for a cottage occupation for sale of archery equipment and supplies. 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.