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HomeMy WebLinkAbout09-11 BOS Staff ReportCONDITIONAL USE PERMIT #09-11 SARAH HOTT Staff Report for the Board of Supervisors Prepared: October 24, 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 Action Planning Commission: 10/19/11 Recommended approval Board of Supervisors: 11/09/11 Pending EXECUTIVE SUMMARY: This is a request for a Cottage Occupation – Hair Salon. The Planning Commission at its October 19, 2011 meeting unanimously recommended approval to the Board of Supervisors. The Planning Commission 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 permitted from 9:00 a.m. to 5 p.m., Monday through Saturday. 4. Hair salon is limited to eight customers per day. 5. Other than applicant, one other employee is permitted. 6. Any expansion or change of use shall require a new Conditional Use Permit. 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 #09-11, Sarah Hott October 24, 2011 LOCATION: This property is located at 99 Plantation Drive. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 65B-4-A-9 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 – Hair 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 792, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. During business hours, applicant to provide adequate space for customer parking to allow customers to park and turn around so the customer does not have to back into Route 792. 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: Area may be required to comply with The Virginia Uniform Statewide Building Code and Section 302 – 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. Note: The 2006 Uniform Statewide Building Code can be utilized up to March 1, 2012. Conditional Use of existing basement area as hair salon: A change of use permit is required. Please submit a detailed floor plan with your permit. A Plumbing Permit is required for the sink installation. A mechanical permit is required for the installation of the required ventilation. (T403.3, IMC 09 – 20 cfm/person is required for Beauty Salons.) An accessible entrance is provided. Lever type hardware shall be provided on all doors along the accessible Page 3 CUP #09-11, Sarah Hott October 24, 2011 route and business areas. Existing paved parking area meet ANSI A117.1-03 for slopes and unloading area. Accommodations shall be provided for persons with disabilities. Frederick County Sanitation Authority: This site is currently served by the Sanitation Authority. Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering land use actions. A hair salon is a permitted use as a cottage occupation in the RP (Residential Performance) zoning district with an approved Conditional Use Permit. The proposed use will take place on a half acre parcel located in the RP (Residential Performance) zoning district. The proposed use will take place within the applicant’s dwelling in a 23’x 11’ room, accessed by an exterior door leading to a paved driveway. The hair salon is equipped with one hair salon sink and two hair salon chairs. The applicant feels that 12 p.m. through 5 p.m., Tuesday through Saturday, four customers per day, and no employees is sufficient with operating this hair salon. However, staff is considering flexibility and future expansion and believes that 9 a.m. through 5 p.m., Monday through Saturday, eight customers per day and allowing for an additional employee would be appropriate for this CUP. 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 would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 10/19/11 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 permitted from 9:00 a.m. to 5 p.m., Monday through Saturday. 4. Hair salon is limited to eight customers per day. 5. Other than applicant, one other employee is permitted. 6. Any expansion or change of use shall require a new Conditional Use Permit. Page 4 CUP #09-11, Sarah Hott October 24, 2011 PLANNING COMMISSION SUMMARY & ACTION OF THE 10/19/11 MEETING: A commissioner asked the applicant if she understood and was agreeable to all of the conditions recommended by the staff, particularly the limitation on the number of customers per day. The applicant believed the eight customers per day was adequate because it was not her goal to employ another person. She said if she did decide to employ someone in the future, it would probably be a shampoo girl who would not have customers of her own. The applicant believed she could meet all of the conditions recommended. There were no public comments. No other issues or concerns were raised and the Planning Commission believed the use would not have any significant impacts on the adjoining residential properties. The Commission unanimously approved the conditional use permit with the conditions as recommended by the staff, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. No signs allowed with this conditional use permit. 3. Hours of operation shall be permitted from 9:00 a.m. to 5:00 p.m., Monday through Saturday. 4. Hair salon is limited to eight customers per day. 5. Other than the applicant, one other employee is permitted. 6. Any expansion or change of use shall require a new conditional use permit. 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.