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HomeMy WebLinkAbout05-09 BOS Staff ReportCONDITIONAL USE PERMIT #05-09 ROGER JENKINS Staff Report for the Board of Supervisors Prepared: October 26, 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: 08/19/09 Tabled by PC for 45 days 10/07/09 Recommended approval Board of Supervisors: 11/18/09 Pending EXECUTIVE SUMARY: This is a request for a Public Garage without Body Repair. After having tabled this request on August 19, 2009, the Planning Commission, at their meeting on October 7, 2009, considered and agreed to modifications to the conditions per the adjoining property owners and the applicant. The Planning Commission unanimously recommended approval of this CUP with the following conditions: 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 is limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. The applicant shall apply for and install an approved septic system within three (3) years of the approval date of this Conditional Use Permit. 7. This Conditional Use Permit shall be void and will be revoked if condition #6 is not implemented. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 9. The public garage shall only be permitted to operate between the hours of 8:00 am to 6:00 pm, Monday through Saturday. No Sunday hours of operation are permitted. Page 2 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 10. Any expansion or change of use shall require a new Conditional Use Permit. 11. A 15-mph speed limit sign shall be posted on Boggess Lane approximately 500 feet from the entrance. A “Watch for Children” sign shall be posted at the entrance of Boggess Lane. 12. A “Private Residence – No Trespassing” sign shall be posted at Mr. Jenkins’ entrance. Page 3 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 LOCATION: This property is located at 190 Boggess Lane. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 41-10-9 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Garage ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential/Church East: RA (Rural Areas) Land Use: Residential/Vacant West: RA (Rural Areas) Land Use: Residential/Vacant 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 608, 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 for change of use required. Buildings shall comply with The Virginia Uniform Statewide Building Code and Sections 311, S Storage of the International Building Code/2006 and Special Use Section 406.6. Other Code that applies is ANSI A117.1-3 Accessible and Usable Buildings and Facilities. Proposed 4800 sq. ft. repair garage 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. Parking at proposed shop area not shown on plans at this time. Restrooms shall be provided and Page 4 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 be connected to an approved disposal system. If floor drain system is provided, a grease/oil separator per the International Plumbing Code. Special inspections requirements of Chapter 17 of IBC shall apply to this type of structure (soils, concrete, steel, etc.). Permit required for fence that exceeds six feet above finished grade. Health Department: The Health Dept. has no objections for the public garage (auto repair) to be utilized as long as the spray irrigation septic system is constructed within the three year time frame and a temporary pump and haul is applied for to be used until the spray irrigation can be utilized within the three year time frame. Please approve with temporary pump and haul for three years after application for pump and haul is approved. All setbacks to existing wells and septics must be met according to Sewage Handling and Disposal Regulations as well as State well regulations. Planning and Zoning: Public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP), provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing structure approximately 4,800 square feet in size, on a 77 acre parcel. This property and the surrounding properties are currently zoned RA and are heavily wooded with natural screening for this proposed use. The nearest buildings or dwellings are more than one-hundred (100) feet from this property. No more than five (5) vehicles awaiting repair are allowed at one time and no employees will be allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. This proposed use will utilize a temporary pump and haul permit approved by the Frederick County Administrator for a period of three (3) years, from the approval date of this Conditional Use Permit. The Health Dept. has no objections for the public garage (auto repair) utilizing the approved pump and haul as long as the spray irrigation septic system is constructed within the three year time frame. Should the applicant not install an approved septic system within the specified time, the CUP will become void and will be revoked. STAFF CONCLUSIONS FOR THE 08/19/09 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. 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. Page 5 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 4. Operation limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. The applicant shall apply for and install an approved septic system within three (3) years of the approval date of this Conditional Use Permit. 7. This Conditional Use Permit shall be void and will be revoked if condition #6 is not implemented. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 9. Hours of operation shall be from 8:00 am to 6:00 pm and no repair activities will take place on Sundays. 10. A 15-mph speed limit sign shall be posted at the entrance to Boggess Lane from Route 608. A “Watch for Children” sign shall be posted on Boggess Lane approximately 500 feet from its entrance from Route 608. 11. Any expansion or change of use shall require a new Conditional Use Permit. 12. A “Private Residence – No Trespassing” sign shall be posted on Boggess Lane. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/19/09 MEETING: The staff reported that a few of the recommended conditions were amended as a result of conversations the staff had with the applicant and adjoining property owners, as follows: Condition #9, Hours of operation shall be from 8:00 a.m to 6:00 p.m. No repair activities will take place on Sundays; Condition #10, A 15-mph speed limit sign shall be posted at the entrance to Boggess Lane from Route 608; Condition #11, A “Watch for Children” sign shall be posted on Boggess Lane approximately 500 feet from its entrance from Route 608; and Condition #12, A “Private Residence-No Trespassing” sign shall be posted on Boggess Lane. The staff confirmed that Boggess Lane was a private road and no written road maintenance agreement was in effect. The staff noted that public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP), provided all repair work takes place entirely within an enclosed structure. Commission members discussed the proposed business with Mr. Jenkins, the applicant. Mr. Jenkins said he repairs automatic transmissions and he estimated receiving three vehicles per week; he did not anticipate the operation to generate a lot of noise; there would be no fabrication, Page 6 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 welding, or brake machines. When Commissioners asked the applicant if he would be willing to participate in the cost of road maintenance, Mr. Jenkins said that he did not oppose being involved, but he and his wife had not had an opportunity to review the proposed agreement. Mr. Jenkins had no problem with vehicles being dropped off or picked up during normal business hours. Five adjoining and neighboring residents came forward to speak with concerns about the business and/or the use of Boggess Lane for business purposes. They reported that Boggess Lane was a one-lane private road with poor visibility and they had concerns for the safety of their children playing or walking to the school bus stop. They were concerned about increased traffic, strangers driving up their private lane, and general wear and tear on the road from trucks or heavy equipment. Some were opposed to any t ype of commercial business establishment. Others suggested Mr. Jenkins use his existing easement for his business which would alleviate many of the concerns raised about Boggess Lane or participate in the road maintenance costs through their proposed road maintenance agreement. They spoke about the need for the speed limit and watch children signs and for the conditions to specify the hours of operation. Mrs. Jenkins, wife of the applicant, said they are currently operating this business at their residence at 278 Old Bethel Church Road with an approved CUP. However, they believed the existing newer building, which was constructed for their farm equipment, would be easier for her husband to work in. She added that this will be a one-person garage for her husband to work on transmissions; she said at the most, he could only fix two vehicles per week. Frederick County Attorney, Rod Williams, stated that in terms of the County’s consideration of a CUP, conditions may be placed on the permit, legally including a condition regarding a road maintenance agreement for upkeep of a road to particular standards. However, Mr. Williams said the bigger issue for the County comes from the practical side; for example, if the maintenance agreement simply states that a maintenance agreement must be in place, whether it is abided by is out of the hands of the County. He said if the condition in the CUP states that the maintenance agreement must be in place and abided by, the practical problem for the County is that the Commission and the Board of Supervisors would end up being charged with the responsibility of policing its compliance. Mr. Williams said this function is better reserved for the courthouse rather than for the Planning Commission and the Board of Supervisors, as a practical matter. Some Commissioners voiced their opinion that since Mr. and Mrs. Jenkins have an easement to use Boggess Lane, they have as much right to use the road as any of the other residents. They noted that Mr. Jenkins’ CUP would probably generate less or an equivalent amount of vehicle trips as an additional residence. Other Commissioners believed Mr. Jenkins should pay his share of road maintenance costs and he should participate in the road maintenance agreement. Commissioners decided to table the CUP request for 45 days in order to provide time for the Page 7 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 residents along Boggess Lane to work out a road maintenance agreement with all of the property owners. The majority vote on tabling was: YES (TO TABLE): Mohn, Kerr, Triplett, Kriz, Wilmot, Manuel, Ambrogi, Crosen, Unger NO: Madagan, Thomas, Oates (Note: Commissioner Ruckman was absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/07/09 MEETING: Staff reported that this item was tabled from the Commission’s August 19, 2009 meeting for 45 days to allow time for the property owners along Boggess Lane to work out a road maintenance agreement for Boggess Lane, a private road. Staff read the revised conditions which were compiled with input from property owners along Boggess Lane. During the public comment portion of the meeting, one person spoke on behalf of the property owners along Boggess Lane. She reported that a road maintenance agreement was signed and recorded and she provided copies to the Planning Commission. She requested that the Planning Commission include the conditions relating to the hours of operation and the posting of a speed- limit sign, a “watch for children” sign, and a “private residence/no trespassing sign,” if the CUP was recommended for approval. She also asked for the signs to be metal and maintained by Mr. Jenkins. The Planning Commission talked about who would be responsible for installing and maintaining the signs. From a County perspective, commission members believed the requirement for the signs were a condition of Mr. Jenkins’ CUP; they believed the initial sign installation should be Mr. Jenkins’ obligation and then afterward, the property owners along Boggess Lane should work out a payment method for maintenance and replacement of the signs. The Planning Commission unanimously recommended approval of the CUP with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five vehicles on site at any time. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation is limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. Page 8 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 6. The applicant shall apply for and install an approved septic system within three years of the approval date of this conditional use permit. 7. This conditional use permit shall be void and will be revoked, if Condition #6 is not implemented. 8. Any proposed business sign shall conform to the cottage occupation sign requirements and shall not exceed four square-feet in size and five feet in height. 9. The hours of operation shall be from 8:00 a.m. to 6:00 p.m. and no repair activities will take place on Sundays. 10. Any expansion or change of use shall require a new conditional use permit. 11. A 15-mph speed limit sign shall be posted on Boggess Lane approximately 500 feet from the entrance. A “Watch for Children” sign shall be posted at the entrance of Boggess Lane. 12. A “Private Residence—No Trespassing sign shall be posted at Mr. Jenkins’ entrance. (Note: Commissioner Ruckman was absent from the meeting.)