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Home My WebLink About01-14 BOS Staff ReportCONDITIONAL USE PERMIT #01-14 WESLEY W. RUDOLPH Staff Report for the Board of Supervisors Prepared: February 11, 2014 Staff Contact: Mark R. 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: 02/05/14 Recommended Approval Board of Supervisors: 02/26/14 Pending EXECUTIVE SUMMARY: This application is for a Public Garage without Body Repair. (Small engine & compact tractors repair) The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 3. Operation limited to the applicant and one employee. 4. All repair activities shall occur entirely within the enclosed structure. 5. Hours of operation shall be Monday-Saturday 8:00 am to 6:00 pm, no repair activities will take place on Sunday. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following the Commission discussion, it was noted that the revised conditions may not permit outdoor storage of vehicles. It is suggested that an additional condition be considered that clarifies that no more than 5 vehicles may be stored outdoors. 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 #01-14, Wesley W. Rudolph February 11, 2014 LOCATION: This property is located at 2360 S. Pifer Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 81-A-50 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE: This application is for a Public Garage without Body Repair. (Small engine repair & compact tractors) REVIEW EVALUATIONS: Virginia Department of Transportation: We have no concerns and the existing entrance is adequate for the proposed use. Should use change or volumes increase to more than fifty trips per day the entrance may be reevaluated at that time. Frederick County Fire Marshall: Plans approved provided that a 5# (2A-10BC) fire extinguisher be in the garage “in service” at all times. Frederick County Inspections: Existing buildings shall comply with The Virginia Uniform Statewide Building Code and Section 304-B , (Business) Use Group of the International Building Code/2003. Other Code that applies is ICC/ANSI A117.1-03 Accessible and Usable Building and Facilities. Change of Use for Conditional Use of existing residential garage to public garage shall comply with ANSI A117 & International Building Code for HC accessible entrance and parking. Electrical, Mechanical, and Plumbing permits may be required. Mechanical ventilation is required per International Mechanical Code at 1.5 cfm. per square foot of repair area. Please submit floor plan at the time of building permit application for change of use. Please locate the accessible route and engress doors on the plan. Permit shall be issued, inspections approved and new certificate of use and occupancy granted prior to operation. Page 3 CUP #01-14, Wesley W. Rudolph February 11, 2014 Winchester-Frederick County Health Department: The water use and waste cannot increase. Public may not access restrooms. No additional employees besides occupants of home. Planning and Zoning: Public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP), provided that all repair work takes place entirely within an enclosed structure. This proposed use will be for small engine, equipment, and tractor repair. This area of the County is to remain rural in nature and is not subject to any land use study as noted within the Comprehensive Policy Plan. This proposed use will be conducted in an existing structure on a 29 acre parcel. This property and the surrounding properties are currently zoned RA, with nearest buildings or dwellings more than five hundred (500) feet from this property. There will be no vehicle sales, or parts sales, allowed with this Conditional Use Permit. STAFF CONCLUSIONS FOR THE 02/5/14 PLANNING COMMISSION MEETING: Should the Planning Commission 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. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 3. One (1) employee allowed other than the applicant. 4. No more than to five (5) customers per day. 5. The applicant will be limited to repairing only five (5) vehicles or equipment on site at anytime. 6. All repair activities shall occur entirely within the enclosed structure. 7. Hours of operation shall be from 8:00 am to 6:00 pm, no repair activities will take place on Sunday. 8. Any expansion or change of use shall require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 4 CUP #01-14, Wesley W. Rudolph February 11, 2014 PLANNING COMMISSION SUMMARY AND ACTION OF FEBRUARY 5, 2014: The applicant, Mr. Wesley Rudolph, said he is requesting the CUP for a small engine repair shop to be located in an existing garage on property he co-owns in Star Tannery. Mr. Rudolph said he typically does small engine repair, such as lawn mowers, chain saws, small compact tractors, and other small equipment the average homeowner would use around his home and property. He is the only employee at this time. Several of the Commission members commented that Conditions #4 and #5 were too restrictive in that they limited the number of pieces of equipment to five on site at any time and also limited the number of customers to five per day. Commissioners commented they personally could take five pieces of equipment for repair on any given occasion and they asked the applicant if he felt that number was too restrictive. Mr. Rudolph believed that number could be restrictive, but he would abide by whatever conditions were set forth. Commissioners agreed that since all repair activities would take place in an enclosed structure, there was no reason to include Condition #4 (No more than five customers per day) and Condition #5 (The applicant will be limited to repairing only five vehicles or equipment on site at any time). They also recommended that Condition #6 be amended to include that all repair activities “and storage” shall occur entirely within the enclosed structure. There were no citizen comments, either in favor or opposition. The Planning Commission voted unanimously to recommend approval of the CUP, with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four square feet in size and five feet in height. 3. One employee allowed, other than the applicant. 4. All repair activities and storage shall occur entirely within the enclosed structure. 5. Hours of operation shall be from 8:00 a.m. to 6:00 p.m.; no repair activities will take place on Sunday. 6. Any expansion or change of use shall require a new conditional use permit. Following the Commission discussion, it was noted that the revised conditions may not permit outdoor storage of vehicles. It is suggested that an additional condition be considered that clarifies that no more than 5 vehicles may be stored outdoors. Page 5 CUP #01-14, Wesley W. Rudolph February 11, 2014 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. (Note: Commissioner Marston was absent from the meeting.)