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Home My WebLink About04-08 BOS Staff Report CONDITIONAL USE PERMIT #03-08 JAMES CHRISTIAN, III Staff Report for the Board of Supervisors Prepared: June 17, 2008 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: 06/04/08 Recommended Approval Board of Supervisors: 06/25/08 Pending LOCATION: This property is located at 376 Winding Hill Road (Route 674). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 22-3-6 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: 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 proposed taxidermist shop. CUP #03-08, James Christian, III June 17, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 674, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State’s right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. If the current conditions should change for any reason, the entrance may need additional upgrades. Notify VDOT of any changes. In addition, the following conditions must be met: 1. The lilac bush to the west of the existing entrance must be removed to meet the required sight distance. 2. The masonry mailbox on the west side of the existing entrance must be removed off the right-of-way. 3. The existing entrance needs to be upgraded. Reference the Minimum Standards of Entrances to State Highways, page 23. 4. No pipe is required. Maintain the existing swell in driveway to allow positive drainage across the entrance. 5. Paving the existing entrance is not required. Place crushed stone in the entrance. Frederick County Fire Marshall: Plans approved as submitted. Frederick County Inspections: Buildings shall comply with the Virginia Uniform Statewide Building Code and Section 304-B, Business Use Group of the International Building Code/2003. Other Code that applies is ICC/ANSI A117.1-03 Accessible and Usable Buildings and Facilities. Conditional Use of 27x38 area as taxidermy within existing Residential R5 shall comply with ANSI A117 and International Building Code for entrance and parking. Entrance stairs shall conform to IBC Section 1009.3 for rise/run max rise 7” and min tread width is 11”. Mechanical venting per IMC if deemed required. Please submit floor plan at time of application for building permit application. Frederick-Winchester Health Department: The taxidermist may have no employees. Oils, shavings, bodily fluids, pickling solutions, acids and all other tanning products may not be disposed of in the septic system that services the home. Proper disposal of the above fluids and body parts/organs are required. Contact the Virginia Department of Environmental Quality for a proper disposal plan. This must be presented in writing to Frederick County Zoning before a conditional use permit can be granted. Mr. Christian wrote, “I spoke with Tim Higgs - Environmental Quality the week of 4/21/08. He said I need to dispose body parts & organs in a compost pile or take to the landfill. Any questions contact him at 540-574-7818. CUP #03-08, James Christian, III June 17, 2008 Page 3 Planning and Zoning The Frederick County Zoning Ordinance allows cottage occupations in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed taxidermist shop qualifies as a cottage occupation. The surrounding properties are wooded and currently zoned RA, and the nearest buildings or dwellings are more than one-hundred (100) feet from this proposed use. This proposed use will be conducted in an accessory structure of approximately 150 square feet, and will have an average customer base of 1-5 customers per week. Animal bones will be disposed of as compost; this proposed use shall follow Section 165-42 of the Frederick County Zoning Ordinance as applied to rendering operations. Based on the limited scale of this proposed use and evaluation of the property, it appears that this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 06/04/08 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. This use shall be in compliance with Section 165-42 of the Frederick County Zoning Ordinance, with regards to rendering operations. 3. One cottage occupation business sign not to exceed four (4) square foot shall be allowed. 4. No more than five (5) customers per week allowed. 5. Any expansion or modification of this use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/04/08 MEETING: Commission members had concerns about the disposal of animal by-products and composting of animal by-products on the site, in light of groundwater contamination and a pond located south of the applicant’s property. Commission members asked the applicant if he would be willing to place the animal by-products into a barrel and taking it either to the landfill, Valley Proteins, or similar source, on a monthly basis. The applicant was comfortable with the suggested arrangement. Staff noted that DEQ would oversee operations on the site and would provide comments after the CUP was approved. One citizen, a resident on Beeler Lane, came forward to speak during the public comment portion of the hearing. This citizen expressed her desire that the business remain small and not CUP #03-08, James Christian, III June 17, 2008 Page 4 become a large commercial enterprise or generate a lot of traffic; she preferred there not be a commercial entrance on Beeler Lane. The Planning Commission voted unanimously to recommend approval of the conditional use permit with the following conditions agreed to by the applicant: 1. All review agency comments and requirements shall be complied with at all times. 2. This use shall be in compliance with Section 165-42 of the Frederick County Zoning Ordinance, with regards to rendering operations. 3. One cottage occupation business sign shall be allowed, and shall not exceed four square- feet in area. 4. No more than five customers shall be allowed per week. 5. Any expansion or modification of this use will require a new conditional use permit. 6. No outside employees shall be allowed other than those members of the immediate family residing on the premises. 7. Animal by-products shall be removed from the site on a monthly basis; no composting of animal by-products on site. 8. No commercial traffic is permitted on Beeler Lane. (Note: Commissioner Triplett was absent from the meeting.)