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Home My WebLink About11-03 BOS Staff ReportCONDITIONAL USE PERMIT #11-03 qw4, DYNAMITE DIGITAL TV (ROBERT RAYL ISS) Staff' Report for the Board A of Supervisors Prepared: Januar 13, 2004 3B 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: 01/07/04 Recommended Approval Board of Supervisors: 01/28/04 4'-� Vr' 6 LOCATION: This subject property is located at 4323 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-118 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Business ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) "Zoning District Land Use: Vacant and Residential PROPOSED USE: Re-establishing a legally non -conforming use of lesser impact: TV Satellite (Dish) Network Sales Office. 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. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. C.U.P. #11-03 Dynamite Digital TV (Robert Bayliss) Page 2 Inspections Department: See attached comment sheet Fire Marshal: Plan approval recommended. Health Department: Health Department has no objection to request. Planning and Zoning: This application is in response to a zoning complaint that staff received. The applicant was cited for re-establishing a non -conforming use without obtaining a Conditional Use Permit(CUP). This property was been used as a restaurant as early as the 1970's and as late as 2001. The proposed use for satellite T.V. network office would be a lesser impact on the surrounding community than a restaurant use. In accordance with Section 165-150 of the Frederick Zoning Ordinance, a legally non- conforming use that has been discontinued due to abandonment may be re-established by obtaining a Conditional Use Permit (CUP). This proposed office use will have only three (3) employees on site and two (2) business vehicles associated with this use. There will be no retail activity located on site. The customer base is managed over the telephone, with no more than five (5) customers at any one time on site. Staff would recommend that any new signage be limited to one (1) illuminated free standing business sign, not to exceed fifty (50) square feet in area, and ten (10) feet in height along the frontage of North Frederick Pike (Rt. 522). STAFF CONCLUSIONS FOR THE 01-07-04 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. An engineered site plan shall be submitted to and approved by Frederick County. All identified improvements shall be installed within six (6) months of CUP approval. All parking shall be in compliance with zoning district standards. 3. No more than five (5) customers at any one time allowed on site. 4. No outdoor storage of equipment or materials will be permitted on site. 5. No more than two (2) business vehicles allowed at this site. 6. Signage shall be limited to one (1) illuminated free standing business sign; not to exceed fifty C.U.P. #11-03 Dynamite Digital TV (Robert Bayliss) Page 3 (50) square feet in area and ten (10) feet in height along the frontage of North Frederick Pike (Rt. 522). Any existing signage shall be removed. 7. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF 01/07/04 MEETING: Commission members discussed the possibility of striking Condition #3, "No more than five (5) customers at any one time allowed on site," and Condition #5, "No more than two (2) business vehicles allowed at this site." Regarding Condition #3, a commissioner inquired how it could be enforced, while other members believed the site plan and parking would govern the number of customers that could be accommodated. Staff commented that enforcement would take place by a complaint -only basis. Staff also commented that the applicant has stated that the majority of his business will be done by telephone, however, he wanted to be able to accommodate the possibility of a drive-by customer. Regarding Condition #5, a member of the commission commented that this will be a far less intensive use than a restaurant; furthermore, he did not believe it was appropriate to limit the number of vehicles the applicant needed to run his business. Another commissioner asked about the appropriateness of requiring a full site plan for such a small operation. Staff explained that since this property has no previously -approved site plan associated with it, staff is seeking to bring the site into conformance. Staff noted that the site plan will identify parking areas, designate a handicap space, and bring signs into conformance. Staff pointed out that the applicant could not be present, due to a family emergency. There were no citizen comments. The Planning Commission unanimously recommended approval of the conditional use permit, striking recommended Condition #3 and Condition #5, and keeping the remaining conditions, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County. All identified improvements shall be installed within six (6) months of CUP approval. All parking shall be in compliance with zoning district standards. 3. No outdoor storage of equipment or materials will be permitted on site. 4. Signage shall be limited to one (1) illuminated free standing business sign; not to exceed fifty (50) square feet in area and ten (10) feet in height along the frontage of North Frederick Pike (Rt. 522). Any existing signage shall be removed. 5. Any expansion or change of use will require a new Conditional Use Permit. (All members of the Commission were present.)