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HomeMy WebLinkAbout04-15 BOS Staff ReportCONDITIONAL USE PERMIT #04-15 JERRY LEE AND KYUNG LEE Staff Report for the Board of Supervisors Prepared: January 4, 2016 Staff Contact: Mark Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide inf ormation 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: 12/02/15 Public Hearing Held; Recommended Approval Board of Supervisors: 01/13/16 Pending EXECUTIVE SUMMARY: This application is requested to enable a monument sign to be erected in association with a previously approved adult care facility known as Rose Memorial (CUP #22-04). Should the Board of Supervisors find this use to be appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times, to include the approved conditions for this adult care facility. 2. Only one (1) monument sign 44 square feet in size and 5 foot in height allowed on the property. 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 #04-15, Jerry Lee and Kyung Lee January 4, 2016 LOCATION: This property is located at 549 Valley Mill Road (Route 659) MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-56 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Adult Care Facility ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential PROPOSED USE: Conditional Use Permit to add a monument sign REVIEW EVALUATIONS: Virginia Department of Transportation: VDOT has no objection to the proposed sign for the Green Valley Commons at 549 Valley Mill Road provided the following conditions are met: Proposed sign must be located on Green Valley Commons’ lot and not on Valley Mill Road right-of-way. The sign should be no closer than 18’ from the edge line of the east bound lane of Valley Mill Road. Frederick County Inspections: Sign structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code 2012. Construction of the ground mounted sign requires a building permit. Construction documents shall be submitted at the time of the building permit application. Winchester-Frederick County Health Department: The Health Department has no objection to the sign being constructed as long as the existing well is not negatively impacted. Frederick County Sanitation Authority: The existing private sanitary sewer lateral serving this property is within the island where the proposed sign would be placed. FCSA suggests that the sign location and construction does not damage nor hinder future maintenance or repa ir of the sanitary sewer lateral. Winchester Regional Airport: No comments. Page 3 CUP #04-15, Jerry Lee and Kyung Lee January 4, 2016 Frederick County Fire Marshall: Plans approved. City of Winchester: No comments. Planning and Zoning: This property is subject to two (2) Conditional Use Permits (CUP #02-96 & CUP #22-04) for an adult care facility that was approved by Frederick County. CUP #02-96 was approved for a 26 bed adult care facility, known as Rose Memorial. CUP #22-04 was approved for an expansion. The expansion of this adult care facility was to add eight (8) beds for a total of 34 beds. Neither of these Conditional Use Permits provided for signage. There will be no other changes to the conditions of CUP #02-96 or CUP #22-04. All of the assigned conditions of the previous approved Conditional Use Permits have been met. The Applicant has applied for a Conditional Use Permit to erect one (1) monument sign on the property. This sign will be 44 square feet in size and 5 foot in height. (See attachment) PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/02/15 MEETING: Zoning and Subdivision Administrator, Mark R. Cheran reported this application is a request to enable a monument sign to be erected in association with a previously approved adult care facility known as Rose Memorial. Mr. Cheran provided a background for the property, he explained in 1996 a CUP was approved for a 26 bed adult care facility; in 2004 an amendment was approved to add additional beds bringing the total to 34. Mr. Cheran continued there was not a provision at that time for a sign. Mr. Cheran concluded there will be two conditions recommended for this application: all review agency comments and requirements shall be complied with at all times, to include the approved conditions for this adult care facility; only one (1) monument sign 44 square feet in size and 5 foot in height is allowed on the property. Commissioner Dunlap inquired if the sign will be lit. Mr. Cheran noted it will be a solar light. A motion was made, seconded, and passed unanimously to recommend approval of CUP #04-15. STAFF CONCLUSIONS FOR THE 01/13/16 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times, to include the approved conditions for this adult care facility. 2. Only one (1) monument sign 44 square feet in size and 5 foot in height allowed on the property. 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.