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HomeMy WebLinkAbout04-05 PC Staff ReportCONDITIONAL USE PERMIT #04-05 EUGENE COOPER 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 207 Herman Lewis Lane (Route 608) MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 52-A-35C PROPERTY ZONING & PRESENT` USE: Zoned: (RA) Rural Areas Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned: (RA) Rural Areas Land Use: Residential PROPOSED USE: Expansion of Cottage Occupation – Counter Top Shop (CUP #07-03) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 608, 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 #04-05, Eugene Cooper June 20, 2005 Page 2 Fire Marshal: Construction of the proposed building shall take into account a designated parking area for employee vehicles which will allow uninhibited emergency access to the structure. Burning of scrap materials from the proposed processes will not be permitted. Portable fire extinguishers are required for the proposed occupancy. Flammable liquids used in the process shall require an approved flammable liquids storage cabinet for quantities exceeding 30 gallons. Proper ventilation for the mitigation of production fumes is required. Plan approval is contingent upon Inspections at the time of occupancy. Inspections Department: Building 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 Building and Facilities. HC parking appears to be in compliance; however, please note that the sidewalk on the accessible route shall slope at less than 1” in 20’ at elevation changes or shall be designed and permitted as a ramp per IBC/ANSI A117.1-98. Winchester-Frederick County Health Department: Health Department has no objection to use as long as no more than four full time occupants of home exist. Planning and Zoning: The applicant is proposing an expansion of a Cottage Occupation that was approved by the Board of Supervisors on August 27, 2003, for a custom counter top business (CUP #07-03). This business is conducted in a 40 foot by 60 foot structure, constructed as a workshop. The structure is located at least 50 feet from neighboring dwellings, and is screened in by natural wooded vegetation. The production of the counter tops would not involve any specialized equipment or chemicals. The original conditions of CUP #07-03 did not allow any employees associated with this business. The applicant is requesting to expand this Conditional Use Permit to allow for three (3) employees associated with this business. There is a gravel lot alongside the structure sufficient for employee parking. The Frederick County Zoning Ordinance allows cottage occupations in the Rural Areas (RA) Zoning District with an approved Conditional Use Permit (CUP). The applicant does not intend to have customers to the property. The subject property is not in an area where a small area land use study has been adopted by the County. Nevertheless, the proposed expansion of the Cottage Occupation is consistent with the goals of the Frederick County Comprehensive Policy Plan. Specifically, land use goals for the rural areas of the county identify the importance of maintaining a rural character in areas outside of the Urban Development Area (UDA). Based on the limited scale of the applicant’s proposed cottage occupation, it appears it would not have negative impacts on adjoining properties or detract from the rural character of the area. CUP #04-05, Eugene Cooper June 20, 2005 Page 3 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 requirements shall be complied with at all times. 2. Any expansion or change of use shall require a new conditional permit. 3.No retail sales of merchandise shall be permitted. 4. No business signs shall be permitted. 5. No more than three (3) employees shall be permitted. 6. CUP #04-05 invalidates CUP #07-03. 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.