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HomeMy WebLinkAbout05-09 PC Staff Report - AugustCONDITIONAL USE PERMIT #05-09 ROGER JENKINS Staff Report for the Planning Commission Prepared: July 31, 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 Pending Board of Supervisors: 09/09/09 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 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 (September 9, 2012) 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 7:00 am to 7:00 pm. 10. Any expansion or change of use shall require a new Conditional Use Permit. Page 2 Conditional Use Permit #05-09 Roger Jenkins July 31, 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 3 Conditional Use Permit #05-09 Roger Jenkins July 31, 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 4 Conditional Use Permit #05-09 Roger Jenkins July 31, 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 (September 9, 2012) 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 7:00 am to 7:00 pm. 10. 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.