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Home My WebLink About07-13 BOS Staff ReportCONDITIONAL USE PERMIT #07-13 SCOTT SWEENEY Staff Report for the Board of Supervisors Prepared: January 16, 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: 01/15/14 Recommended Approval Board of Supervisors: 01/22/14 Pending EXECUTIVE SUMMARY: This is a request for a Public Garage without Body Repair. 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. Operation limited to the applicant; no employees. 4. No more than three (3) customers per day. 5. The applicant will be limited to repairing only three (3) vehicles on site at anytime. 6. All repair activities shall occur entirely within the enclosed structure. 7. Hours of operation shall be Monday-Saturday 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 2 CUP #07-13, Scott Sweeney January 16, 2014 LOCATION: This property is located at 441 Red Oak Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 18-A-22D 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. (Motorcycle Repair) REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 771, the VDOT facility which would provide access to the property. Prior to operation of the business a low volume commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State’s right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Frederick County Fire Marshall: Plans approved provided that there be at least 1-5lb (2A, 10BC) fire extinguisher in the garage available for use at all times. Frederick County Inspections: Buildings area building utilized shall comply with The Virginia Uniform Statewide Building Code and Sections 311,S Storage) and Section 304, B-business of the International Building Code/2009. Other Code that applies is ICC ANSI A117.1-3-03 Accessible and Usable Buildings and Facilities. CUP Request to utilize existing detached garage for motorcycle repair open to the public. A Building permit is required for the change of use. Please submit a floor plan of the existing garage as well as mechanical air change as required per the International Mechanical Code. Restroom are provided with 500’ travel as required. At on entrances shall be accessible. Acessible route shall not exceed 5%. Landings at doors shall not Page 3 CUP #07-13, Scott Sweeney January 16, 2014 exceed 1:48 slope and thresholds shall not exceed ¾”. Winchester-Frederick County Health Department: The Health Department has no objection to the prosposed garage on this property. No septic or water being utilized in garage. No increase in usage of septic system used by home on same property. 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 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 approximately 2,048 square feet in size on a six (6) acre parcel. This property and the surrounding properties are currently zoned RA and are heavily wooded with natural screening for this proposed use. The nearest buildings or dwellings are more than four-hundred (400) feet from this property. No more than three (3) vehicles awaiting repair are allowed at one time and no employees will be allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. STAFF CONCLUSIONS FOR THE 01/15/14 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. Operation limited to the applicant; no employees. 4. No more than to three (3) customers per day. 5. The applicant will be limited to repairing only (3) vehicles 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 Page 4 CUP #07-13, Scott Sweeney January 16, 2014 recommendation concerning this application to the Board of Supervisors. PLANNING COMMISSION SUMMARY AND ACTION OF THE 1/15/14 MEETING: Considering the location, size, and nature of the property, Commission members believed the proposed business was an acceptable use on this property. Some of the Commissioners believed a few of the recommended conditions may be too restrictive and may not allow for any potential growth of the applicant’s business. Commissioners asked the applicant for his opinion on the conditions restricting the number of customers and employees. The applicant replied that on a regular basis he would only have one or two customers per day with only himself working; nevertheless, he thought it would be beneficial to have the cushion to allow five customers and one additional employee, if his business flourished. A Commissioner asked the applicant how he anticipated the handling and disposal of hazardous materials associated with his business. The applicant replied that gasoline and oil will be placed inside five-gallon plastic containers with lids and delivered to someone who uses the materials in an oil-waste furnace. The applicant stated there will be no hazardous materials outside. There were no citizen comments, either in favor or opposition. The Planning Commission voted unanimously to recommend approval of this conditional use permit with amended Conditions #3, #4, and #5 as follows: 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 (1) additional employee. 4. No more than five (5) customers per day. 5. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 6. All repair activities shall occur entirely within the enclosed structure. 7. Hours of operation shall be Monday-Saturday 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. (Note: Commissioners Mohn and Marston were absent from the meeting.)