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HomeMy WebLinkAbout06-09 BOS Staff Report - OctoberCONDITIONAL USE PERMIT #06-09 Powell’s Investments, LLC Staff Report for the Board of Supervisors Prepared: September 24, 2009 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: 09/02/09 Recommended Approval Board of Supervisors: 09/23/09 Tabled by BOS 10/14/09 Pending EXECUTIVE SUMARY: This is a request for a Public Garage without Body Repair. The Planning Commission, at their meeting on September 2, 2009 considered and agreed to modifications to the conditions per the applicant’s request. Commissioners unanimously recommended approval of this CUP. The Board of Supervisors tabled this request until the October 14, 2009 meeting to address review agency comments regarding this Conditional Use Permit. Should the Board find this use appropriate, it has been recommended that the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to eight vehicles on site awaiting repair at anytime. This condition includes within the limited eight vehicles any vehicle, such as a trailer, RV, boat or truck, stored or parked on site. This Conditional Use Permit is not intended to enable the site to be used for storage or parking of any vehicle unless it is awaiting repair. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to four employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four square feet in size. 7. Hours of operation shall be limited from 7:00 am to 7:00 pm. 8. Any expansion or change of use shall require a new Conditional Use Permit. Page 2 Conditional Use Permit #06-09 Powell’s Investments, LLC September 24, 2009 LOCATION: This property is located at 214 Waterloo Court. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 65-A-130 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Residential and Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Vacant 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. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 50 East, 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. Fire and Rescue: Plan approval recommended. Inspections Department: Building permit shall comply with The Virginia Uniform Statewide Building Code and Sections 311, S Storage of the International Building Code/2003 and Special Use Section 406.6. Other Code that applies is ANSI A117.1-3 Accessible and Usable Buildings and Facilities. Proposed existing VB combustible construction building shall meet height & area per T503 for repair garage. Plans indicating floor plan of the existing building area to be utilized and egress door locations shall be submitted with building permit application. Public restroom facility shall be provided or indicate the travel distance of less than 500 feet to a restroom if the Page 3 Conditional Use Permit #06-09 Powell’s Investments, LLC September 24, 2009 only employee is the owner. Office areas shall comply with ANSI Handicap A117.1-3-03. All required egress shall be handicap accessible. Handicap parking shall be provided. Signage shall comply with USBC 1106.8. If floor drain system is provided, a grease/oil separator per the International Plumbing Code is required. Air change shall comply with the International Mechanical Code 2006. Health Department: No objections if facility is on public water & sewer and no septics or wells affected. If proposed on septic system, the Health Dept. will need to know how many employees will occupy facility and how much water is being (300gpd) used. Also, if private well is to be used or septic system, the proper application & fee would be needed by this department. Planning and Zoning: This application for a Conditional Use Permit is in response to a zoning violation that staff received. The applicant was cited for operation of a public garage without an approved Conditional Use Permit (CUP). Obtaining a CUP is an available option to resolve this violation. Public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved CUP, provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing structure approximately 2,408 square feet in size, on a .33 acre parcel. This property and the surrounding properties are currently zoned RA, with the nearest structures being more than fifty (50) feet from this proposed use. This proposed use will utilize a pump and haul permit approved by the Frederick County Administrator should the CUP be approved. No more than eight vehicles (three inside garage and five outside) awaiting repair are allowed at one time and up to four employees will be allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. The subject property is not in an area where a small area land use study has been adopted by the County, as indicated within the 2007 Comprehensive Policy Plan of Frederick County. Specifically, land use goals for the rural areas of the County identify the importance of maintaining a rural character in areas outside of the Urban Development Area (UDA); this proposed public garage is surrounded by RA zoned properties that have residential dwellings. Careful consideration should be taken to mitigate any negative impacts associated with this CUP to adjacent properties, and additional conditions may be warranted. STAFF CONCLUSIONS FOR THE 09/02/09 PLANNING COMMISSION MEETING: 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. Page 4 Conditional Use Permit #06-09 Powell’s Investments, LLC September 24, 2009 2. The applicant will be limited to repairing five eight vehicles (three inside garage and five outside) on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to only two up to four employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size. 7. Hours of operation shall be from 7:00 am to 7:00 pm. 8. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/02/09 MEETING: The applicant and property owner, Mr. John Powell, said he is leasing the subject property to an auto mechanic. Mr. Powell asked the Commission if they would consider amending two of the recommended conditions: Condition #2 to read, “The applicant will be limited to only five vehicles on site at anytime awaiting repair,” and Condition #4 to read, “Operation limited to up to four employees.” Mr. Powell believed he was grandfathered regarding the use of this site because it was always used for a business and has never been vacant. He pointed out the locations where opaque fencing is proposed; he did not believe noise would be an impact; and he said the mechanic uses a refinery to dispose of oil and grease. Mr. Powell did not understand the need for a pump and haul permit; he said there is an existing health system on site with indoor facilities which has been operational since the 1970’s. There were no public comments regarding the proposed conditional use permit. Commissioners asked if the complaint staff received was concerning the legitimacy of a business at this location or was it concerning impacts of the operation. Staff replied that it concerned the legitimacy of the business because of an advertisement on Route 50 and coupons sent through the mail. Commissioners had questions for Mr. Powell regarding the adequacy of the health system on site and utilization of a pump and haul system. They had questions regarding screening of the site from adjacent residential uses and the road. Commissioners also had questions on the number of employees and the number of vehicles awaiting repair. Commissioners considered and agreed to modifications to the conditions per the applicant’s request. Page 5 Conditional Use Permit #06-09 Powell’s Investments, LLC September 24, 2009 The Planning Commission unanimously recommended approval of CUP #06-09 of Powell’s Investments, LLC, with the following amended conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to eight vehicles (three inside garage and five outside) on site at anytime awaiting repair. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to up to four employees only. 5. All repair activities shall occur entirely within the enclosed structure. 6. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square-feet in size. 7. Hours of operation shall be from 7:00 a.m. to 7:00 p.m. No Sunday operations. 8. Any expansion or change of use shall require a new conditional use permit. (Note: Commissioner Triplett was absent from the meeting.) Following this public meeting, 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.