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Home My WebLink About06-10 BOS Staff ReportCONDITIONAL USE PERMIT #06-10 DEBRA BROUGHEAR Staff Report for the Board of Supervisors Prepared: September 8, 2010 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: 09/01/10 Recommended approval Board of Supervisors: 09/22/10 Pending EXECUTIVE SUMMARY: This is a request for a Cottage Occupation – Hair Salon and Off-Premise Sign. The Planning Commission at their meeting on September 1, 2010, recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 9:00 a.m. to 5:00 p.m., Monday through Friday. 3. Employees shall be limited to those residing on the property. No other employees are permitted. 4. House may not have more than four occupants/dwellers while hair salon remains in business. 5. Hair salon is limited to five customers per day. 6. Only one sign shall be allowed. This off premise sign shall be located at the site’s southern entrance onto Back Mountain Road. The sign shall not exceed five feet in height; the sign face shall not exceed four square feet in area. 7. Any expansion or change of use will require a new Conditional Use permit. 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 #06-10, Debra Broughear September 8, 2010 LOCATION: This property is located at 376 Back Mountain Road (Route 614). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 40-A-111, 40-A-112 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Area) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Area) Land Use: Vacant South: RA (Rural Area) Land Use: Residential East: RA (Rural Area) Land Use: Residential West: RA (Rural Area) Land Use: Vacant PROPOSED USE: This application is for a Cottage Occupation – Hair Salon and Off-Premise Sign. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 614, the VDOT facility which would provide access to the property. Due to the projected low volume of trips generated, the existing “southern entrance” is adequate for proposed use. However, should use ever expand in the future or if trip generations exceed the applicant’s projections, the entrance ma y have to be upgraded to VDOT commercial standards. Frederick County Fire Marshall: Plans approved as submitted. Frederick County Inspections: Existing building area shall comply with The Virginia Uniform Statewide Building Code, The International Existing Building Code and Section 304, use group B (Business) of the International Building Code. Other Code that applies is ICC/ANSI A117.1- 03 Usable and Accessible Buildings and Facilities. Please submit a floor plan for change of use building permit showing the area of the home to be utilized. Including the area utilized for accessibility when required. Signs shall require details at the time of Building Permit application. Frederick-Winchester Health Department: The Health Department approves the request with Page 3 CUP #06-10, Debra Broughear September 8, 2010 conditions: 1) Permit becomes null and void with change of ownership of the property. 2) House may not have more than four occupants/dwellers while salon remains in business. 3) Salon is limited to five customers per day. Planning and Zoning: A hair salon is a permitted use as a cottage occupation in the RA (Rural Areas) zoning district with an approved Conditional Use Permit. The proposed use will take place on a 64 acre parcel located in the RA (Rural Areas) Zoning District. There is currently one dwelling located on the property. There are two entrances to the property; it is preferred the southern entrance be used for safe vehicle ingress and egress. At this southern entrance there will also be an off-premise sign no larger than four square feet in area, and five feet in height. The room to be used for the proposed use is equipped with one hair salon sink and one hair salon chair, which would accommodate only allowing one customer at a time. The property is surrounded by RA-zoned property with some mature woods. The closest dwelling is approximately 870 feet from the location of the proposed use. The proposed use will take place within the applicant’s dwelling in a 7 foot by 14 foot room, accessed by an exterior door leading to a paved driveway. The applicant has agreed to limit the hours and days of operation, as well as the number of customers that will be seen each day. 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 09/01/10 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 9:00 a.m. to 5:00 p.m., Monday through Friday. 3. Employees shall be limited to those residing on the property. No other employees are permitted. 4. House may not have more than four occupants/dwellers while hair salon remains in business. 5. Hair salon is limited to five customers per day. 6. Only one sign shall be allowed. This off premise sign shall be located at the site’s southern entrance onto Back Mountain Road. The sign shall not exceed five feet in height; the sign face shall not exceed four square feet in area. Page 4 CUP #06-10, Debra Broughear September 8, 2010 7. Any expansion or change of use will require a new Conditional Use permit. SUMMARY & ACTION OF THE PLANNING COMMISSION AT THE 9/01/10 MEETING: Commissioners asked for clarification on some of the recommended conditions. In particular, Condition #4, “The house may not have more than four occupants/dwellers while the hair salon remains in business.” Staff noted this was a Health Department regulation. Regarding Condition #3, “Employees shall be limited to those residing on the property; no other employees are permitted,” a Commissioner asked which property this referred to and whether there should be some identification of the parcel. Staff replied this referred to the property on which the business use would take place, specifically, P.I.N. 40-A-111; the sign would be located on P.I.N. 40-A- 112. Staff remarked there are two residents on the property and the Health Department desires to limit the number of residents to four. A Commission member asked if there was a problem with the northern entrance. Staff explained the north entrance was not recommended by VDOT because of the limited site distance and the impacts to Back Mountain Road. There were no citizen comments. The Planning Commission recommended approval of CUP #06-10 for Debra Broughear for a cottage occupation/hair salon on P.I.N. 40-A-111 and also recommended approval of an off-premise sign to be located at the southern entrance (P.I.N. 40- A-112), with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation shall be permitted from 9:00 a.m. to 5:00 p.m., Monday through Friday. 3. Employees shall be limited to those residing on the property (P.I.N. 40-A-111). No other employees are permitted. 4. House may not have more than four occupants/dwellers while hair salon remains in business. 5. Hair salon is limited to five customers per day. 6. Only one sign shall be allowed. This off-premise sign shall be located at the site’s southern entrance onto Back Mountain Road (P.I.N. 40-A-112). The sign shall not exceed five feet in height; the sign shall not exceed four square-feet in area. 7. Any expansion or change of use will require a new conditional use permit. (Note: Commissioners Manuel, Crosen, Thomas, and Triplett were absent from the meeting.)