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HomeMy WebLinkAbout05-05 PC Staff ReportCONDITIONAL USE PERMIT #05-05 ROBERT W. SHAW Staff Report for the Planning Commission Prepared: June 20, 2005 Staff Contact: Bernard S. Suchicital, Planner I 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: 07/06/05 Pending Board of Supervisors: 08/10/05 Pending LOCATION: This subject property is located at 2394 Double Church Road (Route 641) MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 93-3-2 PROPERTY ZONING & PRESENT` USE: Zoned: (RA) Rural Areas Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned: (RA) Rural Areas Land Use: Residential PROPOSED USE: Cottage Occupation – Gunsmithing REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 641, 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 #05-05, Robert W. Shaw June 20, 2005 Page 2 Fire Marshal: The possession, storage and use of not more than 15 pounds of commercially manufactured sporting black powder, 20 pounds of smokeless powder and 10,000 small arms primers for hand loading of small arms ammunition for personal consumption per the International Fire Code section 3301.1 shall be permitted. Inspections Department: Area of the dwelling to be utilized shall comply with The Virginia Uniform Statewide Building Code and Sections 306, Use Group F (Factory and Industrial) of the International Building Code/2000. Other Code that applies is IBC/ANSI A117.1-98 Accessible and Usable Buildings and Facilities. Please submit a floor plan of the area for review at the time of change of use building permit application. The IBC chapter 7 shall include the proper fire separation between this use and the dwelling. Permit shall be obtained, inspections approved and new certificate of use and occupancy shall be issued prior to operation of the business. Winchester-Frederick County Health Department: Health Department has no objection to the request as stated so long as no additional employees are hired and there is no increase in meter usage. Planning and Zoning: A gunsmithing business is permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. This business will be conducted in a primary structure located on the property. The rear of the property is surrounded by natural wooded screening and buffers. The rear of the property has a steep rise and will act as a natural berm. The adjoining properties are located 300 feet from this property. The applicant proposes to have no more than three (3) customers a month and operate two (2) days a week; there will be no sale of firearms at this property. The applicant will not have any customers test the firearms on the property associated with the CUP. The applicant will only test firearms once every 3 to 4 weeks at appropriate hours. Based upon the limited scale of the proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 07/06/05 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1.All review agency comments shall be complied with at all times. 2. No business sign shall be permitted. 3. Any expansion or change of use shall require a new Conditional Use Permit. 4.No retail sales of merchandise shall be permitted. 5. No more than three (3) customers shall be allowed on the property per month. 6. No customer shall be allowed to test firearms on the property. 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.