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Home My WebLink About19-04 BOS Staff ReportCONDITIONAL USE PERMIT #19-04 gw4lc� r C�� ROCKY KEPLINGER Staff Report for the Board of Supervisors w u Prepared: November 2, 2004 umW 8 Staff Contact: David M. Beniamino, 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: 10/06/04 Recommended Approval Board of Supervisors: 11/10/04 Pending APPPIOVED LOCATION: This subject property is located at 161 Woodchuck Lane, directly off of Round Hill Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY 11) NUMBER: 52 -A -262B PROPERTY ZONING & PRESENT USE: Zoned: (RA) Rural Area District Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned: (RA) Rural Areas District Land Use: Residential & Saw milling PROPOSED USE: Public Garage: Emergency Service Vehicle Repair REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have a measurable impact on Route 654, the VDOT facility which would provide access to the property. Prior to the 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. Page 2 CUP #19-04 Rocky Keplinger November 2, 2004 Fire Marshal: Access to within 100 feet of the structure must be maintained at all times. Health Department: The Health Department has no objections to this conditional use permit for the proposed uses stated in the application. Inspections Department: Buildings shall comply with The Virginia Uniform Building Code and section 306, use group F (Factory & Industrial) for the machine shop and section 304, use group B (Business) of the International Building Code/2000.Other code that applies is CABO Al 17.1-98 accessible and usable buildings and facilities. Handicap parking and access to the building shall be provided. A floor plan of areas to be utilized at the time of the change of use application is to be submitted. The permit shall be obtained, inspections approved and certificate of occupancy issued prior to operation. Planning and Zoning: A public garage with auto body repair is an allowed use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. This proposed use will be located at 161 Woodchuck Lane and conducted in a structure approximately 4,500 square feet in size, located in the southeastern corner of the property. The applicant plans to repair and service a small number of emergency vehicles on site, as well as provide a limited number of emergency vehicles for sale as an accessory use. The applicant stresses that this facility would not be available to the general public, and all activity would be made on an appointment only basis. It should be noted that the applicant states that 80% of his repair work is done off-site. The applicant maintains an existing Conditional Use Permit (CUP #03-89) for the property located at 218 Woodchuck Lane for the same type of use. The applicant desires to keep this existing Conditional Use Permit in effect if this new Conditional Use Permit is granted. Staff Conclusions for the 10-06-04 Planning Commission Meeting: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. No more than five (5) vehicles for sale shall be located on site at any one time. All vehicles for sale shall be associated with Emergency Services. 2. No more than ten (10) vehicles awaiting repair shall be located on site at any one time. 3. No more than fifteen (15) employee and company-owned vehicles shall be located on site at any one time. 4. A buffer amounting to either a six (6) foot opaque fence or a double row of evergreens will be provided along the northern property line. 5. Any proposed business sign shall conform to Cottage Occupation sign requirements and Page 3 CUP #19-04 Rocky Keplinger November 2, 2004 will not exceed four (4) square feet in size. 6. A minor site plan will be required on if the cumulative square footage of the structure on the site surpasses 20,000 square feet. 7. No more than twelve (12) employees will be associated with this Conditional Use Permit 8. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF THE 10/06/04 MEETING: The applicant explained that the reason he wanted to move from his existing facility to this new one was because the new fire trucks have tilt cabs and he does not have the ceiling height needed at the existing location to work on them. He said the McFarlands have made this new property available to him and the building has a higher ceiling height. The Chairman asked the applicant if he was comfortable with the numbers listed in the conditions recommended by the staff. The applicant preferred to modify Condition #3 to state, "No more than 20 employee and company-owned vehicles on the site..." rather than the 15 vehicles stated in the staff report. Commission members discussed with applicant where the vehicles waiting for repair and the employee and company-owned vehicles would be parked on the site. The applicant replied that all of these vehicles would be parked behind the building and the vehicles for sale would be stored inside. Members of the Commission also advised the applicant of the possibility of the conditional use permit being revoked, if complaints are received and are not able to be resolved. There were no public comments. The Planning Commission unanimously recommended approval with the following conditions: No more than five vehicles for sale shall be located on site at any one time. All vehicles for sale shall be associated with Emergency Services. 2. No more than ten vehicles awaiting repair shall be located on site at any one time. 3. No more than 20 employee and company-owned vehicles shall be located on site at any one time. 4. A buffer amounting to either a six-foot opaque fence or a double row of evergreens will be provided along the northern property line. 5. Any proposed business sign shall conform to the Cottage Occupation sign requirements and will not exceed four square feet in size. 6. A minor site plan will be required, if the cumulative square footage of the structure on the site surpasses 20,000 square feet. 7. No more than 12 employees will be associated with this conditional use permit. Page 4 CUP #19-04 Rocky Keplinger November 2, 2004 8. Any expansion or modification of this use shall require approval of anew conditional use permit. (Note: Commissioner Ours was absent; Commissioner Fisher appointed to the Board.)