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HomeMy WebLinkAbout02-13 PC Staff ReportCONDITIONAL USE PERMIT #02-13 FRED SABIA Staff Report for the Planning Commission Prepared: March 12, 2011 Staff Contact: Dana M. Johnston, Zoning Inspector 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 Planning Commission: 04/03/13 Pending Action Board of Supervisors: 04/24/13 Pending EXECUTIVE SUMMARY: This is a request for a Cottage Occupation – Home Office – Counseling Service. 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 more than six (6) clients per day. 3. The applicant shall provide two (2) parking spaces for this use. 4. Hours of operation shall be Monday through Friday, 9 a.m. to 6 p.m., and one additional Saturday a month from 9 a.m. to 3 p.m. 5. No signage permitted. 6. Other than those residing on the property, there shall be no additional employees. 7. 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 #02-13, Fred Sabia March 12, 2013 LOCATION : This property is located at 102 Caliber Court (Route 1396) (Star Fort). MAGISTERIAL DISTRICT : Stonewall PROPERTY ID NUMBER : 54N-2-5-82 PROPERTY ZONING & PRESENT USE : Zoned: RP (Residential Performance) Land Use: Residence ADJOINING PROPERTY ZONING & USE : North: RP (Residential Performance) Land Use: Residence South: RP (Residential Performance) Land Use: Residence East: RP (Residential Performance) Land Use: Residence West: RP (Residential Performance) Land Use: Residence PROPOSED USE : This application is for a Cottage Occupation – Home Office – Counseling Service. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Caliber Court, Route 1396, the VDOT facility which would provide access to the property. However, VDOT has concerns about parking as the existing shoulders are not designed for routine parking. Applicant needs to ensure there is sufficient off-street parking for clients as well as occupants of the house. Should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire Marshall: Plan approved provided that there is at least one functioning smoke detector and one 5 lb. ABC fire extinguisher in the office area. Frederick County Inspections: The area being utilized shall comply with The Virginia Uniform Statewide Building Code and Section 304-B, Business Use Group of the International Building Code/2009. Other Code that applies is ICC/ANSI A117.1-03 Accessible and Usable Buildings and Facilities. Change of Use for Conditional Use of Counseling services within existing Residential R5 shall comply with ANSI A117 and International Building Code for door entrance and stairway requirements. Handrails shall be provided on both sides of stairway and shall comply with the International Building Code/Virginia Uniform Statewide Building Code 2009. ANSI Accessibility shall be addressed on the building plans submitted for permitting. Please submit floor plan at time of application for building permit application. Plan should Page 3 CUP #02-13, Fred Sabia March 12, 2013 indicate materials used in constructing any partitions or infill of wall areas. (i.e., 2x4 @24” oc.) Frederick County Sanitation Authority: Per your request, a review of the proposed conditional use has been performed. The Frederick County Sanitation Authority offers comments limited to the anticipated impact/effect upon the Authority’s public water and sanitary sewer system and the demands thereon. The parcel is in the water and sanitary sewer area and is presently serviced by the Authority. Based on the anticipated usage, water and sanitary sewer capacity is available and should have minimal effect on our system. Planning and Zoning: The applicant is requesting a Conditional Use Permit (CUP) to allow a marriage and family counseling office within the residence. Cottage occupations are allowed within the RP (Residential Performance) zoning district with an approved Conditional Use Permit. This proposed use is located within the Star Fort Subdivision and has direct access off of Caliber Court on an existing driveway, and at least two (2) parking spaces will be required for use. The applicant wishes to have no more than six (6) clients per day, and is requesting that hours of operation be limited to Monday through Friday 9 a.m. to 6 p.m., and one additional Saturday per month from 9 a.m. to 3 p.m. The applicant has opted to have no signs with this use and no additional employees. The property is surrounded by residential properties, and based on the limited scale of this proposed use and evaluation of the property, it appears that this proposed use would not have any significant impact on the adjoining properties. STAFF CONCLUSIONS FOR THE 04/03/13 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 more than six (6) clients per day. 3. The applicant shall provide two (2) parking spaces for this use. 4. Hours of operation shall be Monday through Friday, 9 a.m. to 6 p.m., and one additional Saturday a month from 9 a.m. to 3 p.m. 5. No signage permitted. 6. Other than those residing on the property there shall be no additional employees. 7. Any expansion or change of use shall require a new Conditional Use Permit. Page 4 CUP #02-13, Fred Sabia March 12, 2013 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.