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HomeMy WebLinkAbout04-07 BOS Staff Report CONDITIONAL USE PERMIT #04-07 EDISON GOMEZ Staff Report for the Board of Supervisors Prepared: June 19, 2007 Staff Contact: Lauren E. Krempa, Planning Technician 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: 06/06/07 Recommended Approval Board of Supervisors: 06/27/07 Pending LOCATION: This subject property is located at 2608 Double Church Road (Route 641). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 93-4-3 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: Residential Land Use: RA (Rural Areas) South: Residential Land Use: RA (Rural Areas) East: Residential Land Use: RA (Rural Areas) West: Agricultural/Residential Land Use: RA (Rural Areas) PROPOSED USE: Public garage with bodywork REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 277, 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. CUP #04-07, Edison Gomez June 19, 2007 Page 2 Fire Marshal: Plan approval recommended. Inspections Department: The existing building to be utilized shall comply with The Virginia Uniform Statewide Building Code and Sections 311, use group S (Storage) of the International Building Code/2003. Other Code that applies is CABO A117.1-03 Usable and Accessible Buildings and Facilities. Please submit a floor plan of the areas and apply for a change of use building permit. Permit shall be issued and final inspection approval granted with a new certificate of occupancy issued prior to operation of the business. Please note, BOCA Section 1110.2.1 exception # 1 (ADA 20% rule) shall apply for renovations or additions for accessibility. Restroom shall be within travel distance of The International Plumbing Code/2003. (500’ or less preferred) Frederick County Sanitation Authority: We do not serve this site. Winchester-Frederick County Health Department: Health Department does not have drain field records on file for subject property. Bathrooms cannot be accessible to the public. No outside employees allowed. No one may work at the home garage other than current residents of the house located at 2610. The number of residents may not exceed two persons per bedroom. Planning & Zoning: Public garages with auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit, provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from adjoining properties. There will be no vehicle sales, nor unrelated repair sales, allowed with this permit. The applicant was informed of the need for an approved conditional use permit when he met with staff to obtain a Zoning Review for his business license. There is an existing three-bay garage on the property which was constructed in 1998 prior to this application. The applicant has agreed that all vehicles will be stored inside the existing garage, thereby limiting the view of inoperable vehicles from adjoining properties. It is a requirement of the Frederick County Zoning Ordinance within Section 165-47 that a RA (Rural Areas) Zoning District property is allowed up to five (5) inoperable motor vehicles, if they are properly screened. In accordance with Section 165-51V, all repair work shall take place entirely within an enclosed structure. Also within this provision, storage of parts and equipment shall be stored inside the existing garage building or behind an enclosed opaque screen. The applicant intends to store all parts, vehicles, and equipment inside the existing garage. As a result of discussion at the June 6, 2007 Planning Commission meeting, the applicant has agreed that no scrap parts, metal, plastics, etc., will accumulate outside. CUP #04-07, Edison Gomez June 19, 2007 Page 3 STAFF CONCLUSIONS FOR THE 06/06/07 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. Any business uses outside the repair realm of the conditional use permit is not permitted. 3. All vehicles awaiting repair will be shielded from view of all adjoining properties. 4. All repairs shall take place within the existing three-bay garage. 5. The applicant will be limited to repairing three inoperable vehicles on the property at a time, including storage. 6. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 7. This repair business is not permitted any employees other than current residents of 2610 Double Church Road, per the Health Department’s comment for this application. 8. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/06/07 MEETING: The applicant explained that the garage structure was built in 1986; electricity and water were added in 1992. The applicant said he installed guttering, insulation, and epoxy coating to the concrete floor and used the structure as his personal shop. He said when he decided to use the structure for a business; he applied for the business license and CUP. Commissioners asked the applicant about his plans for the disposal of left-over scrap and metal. The applicant replied that left-over parts are periodically taken to Zuckermans for recycling. There were no public comments. The Planning Commission unanimously recommended approval of the CUP with the conditions as recommended by staff, with the added condition that no scrap parts or metal will be accumulated outside, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. Any business use outside the repair realm of the conditional use permit is not permitted. 3. All vehicles awaiting repair will be shielded from view of all adjoining properties. 4. All repairs shall take place within the existing three-bay garage. 5. The applicant will be limited to repairing three inoperable vehicles on the property at a time, including storage. 6. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 7. This repair business is not permitted any employees other than current residents of the property at 2610 Double Church Road, per the Health Department’s comment for this application. CUP #04-07, Edison Gomez June 19, 2007 Page 4 8. Any expansion or change of use shall require a new Conditional Use Permit. 9. No scrap parts or metal will be accumulated outside. (Please Note: Commissioners Thomas, Ours, and Triplett were absent from the meeting.) STAFF CONCLUSIONS FOR THE 06/27/07 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors 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. Any business uses outside the repair realm of the conditional use permit is not permitted. 3. All vehicles awaiting repair will be shielded from view of all adjoining properties. 4. All repairs shall take place within the existing three-bay garage. 5. The applicant will be limited to repairing three inoperable vehicles on the property at a time, including storage. 6. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 7. This repair business is not permitted any employees other than current residents of 2610 Double Church Road, per the Health Department’s comment for this application. 8. Any expansion or change of use shall require a new Conditional Use Permit. 9. No scrap parts or metal will be accumulated outside. 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.