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HomeMy WebLinkAbout02-07 PC Staff Report CONDITIONAL USE PERMIT #02-07 KEITH ROGERS AND SANDRA ROGERS Staff Report for the Planning Commission Prepared: February 16, 2007 Staff Contact: Kevin T. Henry, 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: 03/07/07 Pending Board of Supervisors: 03/28/07 Pending LOCATION: This subject property is located at 2204 Fairfax Pike (Route 277). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 87-A-89 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: Clarke County Land Use: Agricultural East: Clarke County Land Use: Agricultural West: RA (Rural Areas) Land Use: Commercial PROPOSED USE: Public garage without 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. 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. CUP #02-07, Keith Rogers and Sandra Rogers February 16, 2007 Page 2 Fire Marshal: Plans approved as submitted. Inspections Department: Building shall comply with The Virginia Uniform Statewide Building Code and Section 311, S (Storage) of the International Building Code. Other Code that applies is CABO A117.1-03 Usable and Accessible Buildings and Facilities. Sign shall be permitted as Utility use group and structural plan with foundation detail is required for review. Note the requirements in the International Plumbing Code for a grease oil interceptor to be installed in the pipe system if floor drains are installed. HC parking and building access shall be provided to the new structure. Winchester-Frederick County Health Department: Health Department has no objection as long as only residents of property use bathroom and no customer usage. Planning & Zoning: Public garages without 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. This application was originally delayed due to entrance way issues. The applicant could not meet driveway spacing requirements given the road frontage of the property. Planning staff recommended the use of an inter-parcel connection through the adjoining parcel. The adjoining parcel to the west (T.M. 87-A-90) contains an existing commercial entrance, used for a farm market. Within the application is a letter from Mr. McDonald (property owner to the west), granting permission to the applicant to use the existing commercial entrance. There is an existing dwelling on the applicant’s property. The existing residential entrance will be closed off, via curb, prior to any business activities taking place on site. An engineered site plan will be required, which will account for activities on the property such as: structures, driveways, parking/storage areas, screening, and signage. The applicant is proposing to build a 60’x30’ (1800 sq. ft.) garage with a 30’x40’ (1200 sq. ft.) screened parking area behind the garage. The applicant has requested a 32 sq. ft. sign, but staff has suggested reducing the square footage to 25 sq. ft. to remain consistent with previous permits. 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 screened by an opaque fence. During an on-site inspection of the property, the applicant seemed satisfied of the conditions staff had proposed. Given the following conditions and willingness of the applicant to implement the CUP #02-07, Keith Rogers and Sandra Rogers February 16, 2007 Page 3 conditions, staff believes that the proposed use could operate on the subject property without significant impact on the surrounding community. STAFF CONCLUSIONS FOR THE 03/07/07 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. The property shall have no more than one (1) non-illuminated business sign, no larger than 25 square feet in area, and no taller than 10 feet. 3. The existing commercial entrance on the parcel to the west, known as Tax Map Identification 87-A-90, will provide the driveway for ingress/egress onto the applicant’s property, Tax Map Identification 87-A-89. 4. The existing residential driveway accessing from Fairfax Pike will be removed via curb, prior to business activities. 5. An engineered site plan and implementation of identified improvements is required prior to any business activities taking place on the site. 6. The applicant will be limited to repairing only four (4) vehicles at a time, including storage. 7. Vehicles for repair use shall be stored behind a board-on-board six foot tall fence, to shield from adjoining properties. Any inoperable vehicles on the property shall adhere to Section 165-47 of the Frederick County Zoning Ordinance. 8. The auto repair business is permitted a maximum of four (4) employees. 9. All repair activities shall occur entirely within an enclosed structure which shall not exceed 1,800 square feet. 10. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 11. Any business uses outside the repair realm of the conditional use permit, is not permitted. 12. 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.