HomeMy WebLinkAbout19-04 PC Staff ReportCONDITIONAL USE PERMIT #19-04
ROCKY KEPLINGER
Staff Report for the Planning Commission
Prepared: September 20, 2004
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.
Review ed Action
Planning Commission: 10/06/04 Pending
Board of Supervisors: 11/10/04 Pending
LOCATION: This subject property is located at 161 Woodchuck Lane, directly off of
Round Hill Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID 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
CUP #19-04, Rocky Keplinger
September 20, 2004
Page 2
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.
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 A117.1-98 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.
CUP #19-04, Rocky Keplinger
September 20, 2004
Page 3
2. No more than ten (10) vehicles awaiting repair shall be located on site at any one time.
3. No more than fifteen (15) 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
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.
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.