Loading...
HomeMy WebLinkAbout03-08 BOS Staff Report CONDITIONAL USE PERMIT #03-08 JOHN VENSKOSKE Staff Report for the Board of Supervisors Prepared: May 21, 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: 05/07/08 Recommended approval Board of Supervisors: 05/28/08 Pending LOCATION: This property is located at 863 Chestnut Grove Road (Route 681). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-57 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a cottage occupation – black powder sales. CUP #03-08, John Venskoske May 21, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 681, 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 inspection fee and surety bond coverage. Sight distance of 610 feet will have to be acquired. At a minimum, cutting brush, small trees and the fence moved back will be required. The entrance will have to be constructed according to the Minimum Standard of Entrances Manual, using the Standard Private Subdivision Road/Street Entrance. Positive drainage needs to be maintained at all times during and after construction. An entrance pipe may be required. This can be discussed on site. Frederick County Fire Marshall: Applicant has permits will review plans at change of use. Frederick County Inspections: Retail Stores shall comply with The Virginia Uniform Statewide Building Code and use group M (Mercantile) of the International Building Code/2003. Other Code that applies is ICC/ANSI A117.1-2003 Accessible and Usable Buildings and Facilities. Note: the requirements in IBC table 307.7(1) Allowable Quantity’s of Hazardous Materials Storage. Please submit a plan at the time of change of use building application showing the areas being utilized. Permit shall be issued, inspections approved and a new certificate of occupancy issued prior to operation. Frederick-Winchester Health Department: The Health Department has reviewed your request and on account of the characteristics of the business, not having any employees other than Mr. and Mrs. Venskoske, and no public restrooms which is made known by a sign by Mr. Venskoske, the Health Department has no objections to the conditional use permit given that there is no apparent increase in water usage. Planning and Zoning: Staff would like to note that this Conditional Use Permit (CUP) has been applied for in response to a zoning violation for selling black powder to customers from this property without an approved CUP - cottage occupation. A CUP is one avenue to abate this violation. The applicant currently is permitted to sell black powder off site and has an ATF permit and Fire Marshal approval to operate this business. The applicant is requesting that he be allowed to sell black powder to customers on this site. The property is surrounded by like properties, with the nearest dwelling being more than 150 feet from this proposed use. Staff has concerns with sales of black powder during North South Skirmish Association (NSSA) activities. During these NSSA activities, the sale of black powder from this site, and the amount of traffic generated and parking, has caused problems along Chestnut Grove Road. These sales generated the complaint to the Planning Department. CUP #03-08, John Venskoske May 21, 2008 Page 3 The applicant has addressed this issue by adding an additional gravel parking area to the property to mitigate the traffic issues with this proposed use and parking along Chestnut Grove Road. The black power sales will be conducted from a fifty (50) square foot accessory building. STAFF CONCLUSIONS FOR THE 05/07/08 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. No more than five (5) customers at any time on site, except during NSSA activities. 3. All customer parking shall be located on the applicant’s property, not along Chestnut Grove Road (Route 681) or Chalybeate Springs Road (Route 687). 4. Hours of operation for on site customers shall be limited to 8 AM to 7 PM. 5. No signage on the applicant’s property shall be allowed. 6. Any expansion or change of use will 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. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/07/08 MEETING: Commissioners had numerous questions for the applicant which included how often the NSSA has events and the number of people attending them; if the building where sales takes place is permanently located on the applicant’s property; and the number of customers expected. They also spoke with the applicant about the gravel driveway he installed and if adequate parking was available. The applicant responded that the NSSA holds 18 shoots per year with two big shoots in May and October; during the May and October events, there could possibly be 10,000 people; out of the 10,000 attendees, roughly 2,000 are shooters and the remainder is family and visitors; the sales building, Back Creek Gun Shop, is permanently located on the applicant’s property; he does not sell guns, only black powder; the gravel driveway is constructed along the inside of Chestnut Road and connects with the NSSA property; event attendees could travel from the NSSA site to the applicant’s shop without going out onto the main black-topped road. No one came forward to speak during the public comment portion of the public hearing. CUP #03-08, John Venskoske May 21, 2008 Page 4 The Planning Commission unanimously voted to recommend approval of the CUP with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any time on the site, except during NSSA activities. 3. All customer parking shall be located on the applicant’s property, not along Chestnut Grove Road (Route 681) or Chalybeate Springs Road (Route 687). 4. Hours of operation for on-site customers shall be limited to 8:00 a.m. to 7:00 p.m. 5. No signage on the applicant’s property shall be allowed. 6. Any expansion or change of use will require a new conditional use permit. Following the required public hearing, 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.