HomeMy WebLinkAbout04-04 BOS Staff ReportCONDITIONAL USE PERMIT #04-04
BIG BARRY'S BEEF JERKY & VENISON PROCESSING
Staff Report for the Board of Supervisors
Prepared: May 5, 2004
Staff Contact: Mark R. Cheran, 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: 04/21/04 Recommended Approval
Board of Supervisors: 05/12/04 Pending
LOCATION: This subject property is located at 4694 N. Frederick Pike (Route 522 N).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 29-A-57
PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District
Land Use: Residential and Vacant
PROPOSED USE: Cottage Occupation - Workshop with Processing Equipment
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 522, the VDOT facility which
would provide access to the property. However, should use ever expand in the future, the
entrance may have to be upgraded to VDOT minimum commercial standards.
Fire Marshal: With the construction of an additional building, provisions should be made
for parking and emergency vehicle turnaround. The roadway leading to the property is
overgrown with vegetation. Under NFPA 299 a roadway with a minimum width of 12 feet
C.U.P. #04-04
April 5, 2004
Page 2
and a ventricle clearance of 14.5 feet over the entire width is required for emergency vehicle
access. Approval is contingent upon meting the requirements set above.
Inspections Department: New buildings shall complywith 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 to CABO Al 17.1-98 Accessible and Usable
Buildings and Facilities. Please submit two sets of plans at the time of permit applications.
Health Department: Health Department has no objection to the request as stated.
Planning and Zoning: The Frederick County Zoning Ordinance allows cottage occupations
in RA Zoning District with an approved Conditional Use Permit (CUP).This proposed use
appears to qualify as a cottage occupation. The surrounding properties are wooded and
currently zoned RA, and the nearest buildings or dwellings are more than one -hundred (100)
feet from this proposed use. This proposed use will be conducted in an accessary structure
of approximately 150 square feet, and will have an average customer base of 10-15
customers during hunting season. There be one (1) employee on site with this proposed use.
Based on the limited scale of this proposed use and evaluation of the property, it appears that
this use would not have any significant impacts on the adjoining properties.
STAFF CONCLUSIONS FOR THE 04-07-04 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. Shall be in compliance with Section 165-42 of the Frederick County Zoning Ordinance, in regard
to rendering operations.
3. Any proposed business sign shall conform to Cottage Occupation sign requirements; and shall not
exceed four (4) square feet in size.
4. No more than 15 customers per day allowed.
5. Any expansion or modification shall require approval of a new Conditional Use Permit.
C.U.P. #04-04
April 5, 2004
Page 3
PLANNING COMMISSION SUMMARY & ACTION OF THE 04/21/04 MEETING:
Planning Commissioners believed that the number of customers permitted under recommended
Condition #4 was neither reasonable nor enforceable. Staff noted that they had no problems raising
the number, but were merely attempting to establish a threshold to gauge future expansion.
Commission members believed that permitting 25 customers, rather than 15, would be appropriate.
There were no citizen comments. The Commission unanimously recommended approval of the
conditional use permit with the conditions recommended by the staff and the modification to
Condition #4 from 15 customers to 25 customers per day, as follows:
1. All review agency comments and requirements shall be complied with at all times.
2. Shall be in compliance with Section 165-42 of the Frederick County Zoning Ordinance, in regard
to rendering operations.
3. Any proposed business sign shall conform to Cottage Occupation sign requirements; and shall not
exceed four (4) square feet in size.
4. No more than 25 customers per day allowed.
5. Any expansion or modification shall require approval of a new Conditional Use Permit.
(Please note: Commissioner Light was absent from the meeting.)