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HomeMy WebLinkAbout06-13 PC Staff ReportCONDITIONAL USE PERMIT #06-13 KAREN GARVER Staff Report for the Planning Commission Prepared: December 5, 2013 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 Pending Board of Supervisors: 01/22/14 Pending EXECUTIVE SUMMARY: This is a request for a Cottage Occupation – Nail Salon. 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. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 4:30 p.m. to 7:30 p.m., Monday through Thursday. 4. No more than two (2) 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. 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 #06-13, Karen Garver December 5, 2013 LOCATION: This property is located at 114 Lakeside Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75B-6-A-20A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Open Space South: RP (Residential Performance) Land Use: Residential East: RP (Residential Performance) Land Use: Residential West: RP (Residential Performance) Land Use: Residential PROPOSED USE: This application is for a Cottage Occupation – Nail Salon. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 1037, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire Marshall: Plans approved as submitted. Frederick County Inspections: Areas of the existing structure that will be utilized shall comply with Use group B (Business), of The Virginia Construction Code 2009. Please submit a floor plan of the area at the time of change of use building permit application. Ventilation shall be provided in accordance with the International Mechanical Code. After permit issuance and inspection approvals are confirmed a new certificate of use and occupancy shall be issued. Frederick County Sanitation Authority: No comments at this time. Winchester-Frederick County Health Department: Health Department has no objection to the above stated request so long as public water and sewer are utilized. Page 3 CUP #06-13, Karen Garver December 5, 2013 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 nail salon business is in part of County that is to remain urban in nature. The Frederick County Zoning Ordinance allows a nail salon as cottage occupation in the RP (Residential Performance) zoning district with an approved Conditional Use Permit. The proposed use will take place within the applicant’s dwelling. There will be no employees with use, and the customer base two (2) customers per day and no more than twenty (20) customers a month. The hours of operation will be Monday through Thursday from 4:30 P.M.-7:30 P.M. The applicant has agreed to the customer base, hours, and days of operation. There will be no signs with this Conditional Use Permit. Based upon the limited scale of the proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 01/15/41 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. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 4:30 p.m. to 7:30 p.m., Monday through Thursday. 4. No more than to two (2) 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. 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.