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HomeMy WebLinkAbout06-09 PC Staff ReportCONDITIONAL USE PERMIT #06-09 Powell’s Investments, LLC Staff Report for the Planning Commission Prepared: August 17, 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 Pending Board of Supervisors: 09/23/09 Pending EXECUTIVE SUMARY: 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. 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to only two (2) 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. Page 2 Conditional Use Permit #06-09 Powell’s Investments, LLC August 17, 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 August 17, 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 five (5) vehicles awaiting repair are allowed at one time and only two (2) 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 August 17, 2009 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to only two (2) 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. 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.