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HomeMy WebLinkAbout03-15 BOS Staff ReportCONDITIONAL USE PERMIT #03-15 GARY ROGERS ARGHYRIS Staff Report for the Board of Supervisors Prepared: October 30, 2015 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide inform ation 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: 10/21/15 Recommend Approval Board of Supervisors: 11/12/15 Pending EXECUTIVE SUMMARY: Should the Board of Supervisors feels this cottage occupation (assembly and sale of sheds) to be appropriate, the Planning Commission 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 more than seven (7) sheds for display or sale shall be allowed on the property. Such sheds shall be kept in the rear of the property. 3. 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. 4. One business sign shall be allowed and shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 5. 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 #03-15, Gary Rogers Arghyris October 30, 2015 LOCATION: This property is located at 1518 Fairfax Pike, White Post, Virginia. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 87-A-12D PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: M-1 (Light Industrial) Use: Manufacturing Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: Cottage Occupation for the assembly and sale of sheds. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 277, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, shoul d use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Inspections: Conditional Use request to use partial area of existing Garage into F-Factory for assembling of wood items for resale/display. The area utilized shall comply with The Virginia Uniform Statewide Building Code. Please submit a permit application for the change of use area. Please include a floor plan of the garage 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. Winchester-Frederick County Health Department: The Health Department has no objection as long as there is no increase in water usage to the alternative discharge septic system. Page 3 CUP #03-15, Gary Rogers Arghyris October 30, 2015 Frederick County Sanitation Authority: No comments at this time. Winchester Regional Airport: No comments. City of Winchester: No comments Planning and Zoning: This proposed Cottage Occupation will take place on an 11.29 +/- acre parcel; surrounded by properties that are zoned RA and M-1. The definition for a cottage occupation is an occupation or profession customarily carried on in a dwelling unit or an accessory building, which: A. Actually is carried on wholly within the principal residential building or an accessory building or structure; B. Is carried on by no more than one person other than members of the family residing on the premises; and C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. The assembly of the sheds will take place in an existing garage approximately 1500 square feet in size. Staff would note that there will be no new structures constructed as a part of this CUP. The rear of the property will contain an outdoor display of finished sheds, and no more than seven (7) sheds for display or sale on the property at any given time. Most of the customer base for this proposed use will be internet based. However, there will be no more than five (5) customers allowed on site at any one time to view or pick-up finished sheds. An illustrious sketch plan of the property will be required with this CUP. This plan will show the area of the property being utilized in conjunction with this CUP. This property is not located within Urban Development Area (UDA) or Sewer and Water Service Area (SWSA) as noted in the 2030 Comprehensive Policy Plan of Frederick County. However, this property is located within the Southern Frederick County Long Range Land Use Plan. This area of the County has been identified for future industrial uses. STAFF CONCLUSIONS FOR THE 10/21/15 PLANNING COMMISSION MEETING: If the Planning Commission feels this cottage occupation for the assembly and sale of sheds to be appropriate, staff recommends the following conditions be attached to the CUP. 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any one time on site. Page 4 CUP #03-15, Gary Rogers Arghyris October 30, 2015 3. No more than seven (7) sheds for display or sale shall be allowed on the property. Such sheds shall be kept in the rear of the property. 4. 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. 5. One business sign shall be allowed and shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 6. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISION SUMMARY & ACTION OF THE OF THE 10/21/15 MEETING: Staff reported this property is currently zoned RA (Rural Areas) and the current land use is residential. The property is surrounded by RA (Rural Areas) properties used for residential and an M1 (Light Industrial) property to the rear of the property line. Staff presented and overview of the property and the location of structures. Staff explained that the applicant is attempting to assemble and sell sheds on the property. Staff noted most of the sales of the sheds are internet based, however, the applicant would like the opportunity to have customers visit the site. Staff reported the assembly of the sheds will take place in an existing garage approximately 1,500 square feet in size towards the rear of the property. Staff reviewed the conditions of the CUP. A Commission Member does not see the need for condition #2 (No more than five (5) customers at any one time on site) due to the inability to enforce it. A citizen came forward to speak during the public hearing. She had a few concerns which are as follows: speed limit on the stretch of road where business is located, would like to have reduced to 45 mph; existing sheds on the property at the present time not being anchored to the ground. Staff noted in VDOT’s review of the CUP, it was believed to be small enough business now and if growth continues they may have to consider a commercial entrance. A Commission Member inquired if appropriate to ask VDOT about reducing the speed limit. It was noted the procedure would be to turn the task over to the Transportation Committee for their assistance. It was also noted that a business sign may help in drawing attention to the entrance thus helping drivers reduce speed. Page 5 CUP #03-15, Gary Rogers Arghyris October 30, 2015 A motion was made, seconded, and passed unanimously to recommend approval of CUP #03-15 with the deletion of condition #2 (No more than five (5) customers at any one time on site). Absent: Crockett CONCLUSION FOR THE 11/12/15 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors feels this cottage occupation (assembly and sale of sheds) to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP. 6. All review agency comments and requirements shall be complied with at all times. 7. No more than seven (7) sheds for display or sale shall be allowed on the property. Such sheds shall be kept in the rear of the property. 8. 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. 9. One business sign shall be allowed and shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 10. 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.