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PC 08-19-09 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia August 19, 2009 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting................................................................ (no tab) 2) July 15, 2009 Minutes...................................................................................................... (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Conditional Use Permit #05-09 for Roger Jenkins, for a Public Garage Without Body Repair. This property is located at 190 Boggess Lane, and is identified with Property Identification Number 41-10-9 in the Gainesboro Magisterial District. Mr. Cheran....................................................................................................................... (B) 6) Other FILE COPY MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on July 15, 2009. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; Richard Ruckman, Stonewall District; La�a-ence R. Ambrogi, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud District; Christopher M. Mohn, Red Bud District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison. ABSENT: H. Paige Manuel, Shawnee District STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Jolun A. Bishop, Deputy Director -Transportation; Candice E. Perkins, Senior Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Conumissioner Triplett, the Planning Commission unanimously adopted the July 15, 2009 agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Conumission unanimously approved the minutes of the May 20, 2009 meeting. COMMITTEE REPORTS There were no conumittee reports. Frederick County Planning Conunission Page 2495 Minutes of July 15, 2009 CITIZEN COMMENTS Chainnan Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Conditional Use Permit #04-09 of the Federal Aviation Administration for an 80 -foot steel monopole telecommunications tower. This property is located at 170 Marcel Drive, off of Route 522 and Tasker Road. The property is further identified with P.I.N. 76 -A -53B in the Shawnee Magisterial District. Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported that the proposed telecomm�unications facility is located on property within the Eastgate Connnerce Center. He said the Eastgate Commerce Center is within the Southern Frederick Land Use Plan (SFLUP) and the Sewer and Water Service Area (SWSA), as indicated in the Comprehensive Policy Plan. Mr. Cheran said the adjacent properties are zoned M 1 (Industrial Limited) and RA (Rural Areas)_ He noted there were no properties of significant historical value or any historical sites adjacent to the proposed use. He also noted the proposed use is more than 100 feet from any residential structure and the rear of the property is wooded. Mr. Cheran read a list of recommended conditions, should the Conunission find the use to be appropriate. Mr. Robert Corcoran, representative for the Federal Aviation Administration (FAA), was available to answer questions from the Conunission. Chainnan Wihnot called for public continents; however, no one came forward to speak. Chainnan Wilmot asked the applicant if he agrees to collocation of other wireless service providers. Mr. Corcoran said they were agreeable to collocation; however, there were some limitations. He remarked that the property in question is currently in use by a governmental agency; therefore, they can provide space on the tower, but cannot guarantee the commercial providers could have access to the property. Mr. Corcoran said the FAA has other towers they operate in Maryland and Virginia and they make those available for State and Local Public Use, but not continercial. Connvnissioner Thomas agreed that a commercial organization carmot have access to a government property without written approvals, which is rarely given. Planning Director, Eric R. Lawrence, commented that the property is privately owned, but it is leased. Mr. Lawrence said respecting what the applicant's needs are, they may not be able to allow collocation today, but if there is ever a change in the use of the property and who the tenant is, there may be opportunities in the future. Mr. Lawrence cautioned about restricting the use too much. He said if the goventinent doesn't want to lease it out, that's okay; however, in the fixture, if it is privately owned and leased, it would provide greater flexibility for other users. Frederick County Planning Conunission Page 2496 Minutes of July 15, 2009 There was some lengthy discussion among the Commission members on various issues concerning who would own the tower after the federal government is no longer the holder of the lease; if the tower would have to be removed or if it could be used by the property owner for commercial use; and if the property owner would have to apply for a new conditional use permit, if he chose to lease the tower commercially. Mr. Corcoran pointed out that their lease states the FAA must remove their tower and restore the grounds, if they no longer want to lease the property. Conunission members discussed amending Conditions #2 and #4 to more appropriately acconunodate the proposed use. It was suggested that Condition 42 be amended to state that the tower would be available for collocating public use wireless services providers; and, Condition #4 be amended to state that ifthe FAA relinquishes their lease of the property, the FAA will remove the tower. Upon motion made by Commissioner Ambrogi and seconded by Commissioner Mohn, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #04-09 of the Federal Aviation Administration for an 80 -foot steel monopole teleconununications tower at 170 Marcel Drive with the following conditions: All review agency conmlents and requirements shall be complied with at all times. The tourer shall be available for collocating public use wireless service providers. 3. A minor site plan shall be approved by Frederick County. 4. If the FAA (Federal Aviation Administration) relinquishes their lease of the property, the tower will be removed by the FAA. If a teleconununications tower is not erected within 12 months of the approval of this CUP (conditional use permit), the CUP will be deemed to be invalid. 6. Any expansion or modification of this use will require a new CUP. (Note: Commissioner Manuel was absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations. The proposed ordinance amendment provides revisions to the Frederick County Zoning Ordinance to include outdoor lighting standards. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that over the past year or so, the staff has been developing new outdoor lighting standards for Frederick County. Ms. Perkins said the need for these standards has become evident due to lighting concerns and issues experienced with various neer developments. She noted that the amendment has been reviewed by the Plamzing Commission and the Board of Supervisors on multiple Frederick County Planning Commission Page 2497 Minutes of July 15, 2009 occasions and the proposed amendment has been advertised as a public hearing this evening. Ms. Perkins next provided a brief overview of the text. She said the draft standards include elements that apply to non-residential and certain residential uses, and it includes maximum heights for lighting fixtures, ceiling requirements, photometric plan requirements with site plants, and 'intensity maxinnunts for lighting for connnercial and multi -family uses, as well as requirements for recreational facilities. She said there are also new definitions which correspond to the lighting standards. She noted that the standards 1*81111 not require sites to install lighting; however, it will place thresholds on the maximum amount of lightnig that is permitted to be on the site, as well as regulate the types of fixtures and the mounting heights of those fixtures. Ms. Perkins stated that enforcement of the ordinance will be by the Planning Department. Convnissioner Mohn asked if the reviews of the photometric plans would be solely a Planning Staff function or if it would be shared with the Engineering Department. Ms. Perkins replied it would be a Planning Staff function as part of the site plan process. Convnissioner Thomas inquired if the enforcement would not be stretching the expertise of the Planning Department. Ms. Perkins replied that photometric plans will display the candle minimums and blanket intensities and the staff will be able to see what will happen at the site plan stage. She said the staff would then visit the site with a photometric light meter. Chairman Wilmot called for public comments; however, no one was present to speak. The Planning Coninussion was in favor of the ordinance as written. However, it was mentioned that enforcement might be better suited for the Inspections Department, rather than the Plamiing Department. Planning Director, Eric R. Lawrence, stated the staff is already at these sites doing lighting inspections, working tinder the "glare" section of the code. Mr. Lawrence said the staff believes this proposed ordinance and inspection will make it easier for the PI arming Staff to do their jobs. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Connnission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations by including outdoor lighting standards. (Note: Convnissioner Manuel was absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 36, Landscaping Requirements. The proposed ordinance amendment provides revisions to the zoning ordinance to remove landscaping requirements as they pertain to the RA (Rural Areas) Zoning District. Action - Reconnrnended Approval Senior Planner Candice E. Perkins reported that the Planning Staff was directed to prepare this zoning ordinance text amendment to remove the landscaping requirements from Chapter 165, Zoning, Subsection 36, Landscaping Requirements as it pertains to the RA (Rural Areas) Zoning District. Ms. Perkins said the Frederick County Planning Commission Page 2498 Minutes of July 15, 2009 existing ordinance states that residential developments requiring a preliminary sketch plan, which are the traditional five -acre lots, as well as the two -acre rural preservation lots, must provide one of three types of landscaping, either street trees, ornamental landscaping, or tree preservation, which requires the creation of open space. She said this ordinance amendment proposes to remove those three requirements from the RA District. Chainnan Wilmot called for public conmients; however, no one was present to speak. The Planning Commission was in favor of the proposed amendinent as presented. Upon motion made by Conlnmissloner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Plamling Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 36, Landscaping Requirements, by removing the landscaping requirements as they pertain to the RA (Rural Areas) Zoning District. (Note: Connllissioner Manuel was absent from the meeting.) An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 37, Buffer and Screening Requirements. This ordinance amendment provides revisions to the zoning ordinance to modify the landscape elements, required buffers, buffer modifications and waivers, and includes OM (Office Manufacturing Park) District additions. Action — Recommended Approval Senior Plamler, Candice E. Perkins, reported that the specific revisions involve: Section 165- 37B, Screening, Landscape Screening --currently this section requires developments to provide three trees per ten linear feet, specifically, two evergreens and one deciduous; the proposed change is for one evergreen, one deciduous, and one shrub to ensure the health of the plants due to the intensity of the buffer requirement. Section 165-37D, Zoning District Buffers in B2/B3--this is a revision to remove the zoning district buffer requirement between the B2 (Business General) and the B3 (Industrial Transition) Zoning Districts due to the similarity between the districts. Section 165-37D, Zoning District Buffers, Waivers, will allow the Zoning and Subdivision Administrator to waive the requirements for zoning district buffers on site plans when the use on the site is allowed in the adjacent zoning district; currently this is a Planning Connlission waiver. Section 165-37D, Zoning District Buffers, Waivers, will allow the Zoning and Subdivision Administrator, rather than the Planning Conlnllnssnon, to provide a waiver due to topography issues. Section 165-37 will include reference notes to the OM (Office Manufacturing Park) District that were left out during the creation of the district. Chairman Wilmot called for public comments; however, no one was present to speak. The Plaiming Connmission was in favor of the proposed amendment as presented. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, Frederick County Planning Commission Page 2499 Minutes of July 15; 2009 BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subscetion 37, Buffer and Screening Requirements, by modifying the landscape elements, required buffers, and buffer modifications and waivers, and to provide OM (Office Manufacturing Park) District additions. (Note: Commissioner Manuel was absent from the meeting_) An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Subsection 82E. This ordinance amendment provides revisions to the Frederick County Zoning Ordinance to add Standard Industrial Classification (SIC) 208, Beverages, to the permitted uses in the Ml (Light Industrial) District. Action — Recommended Approval Senior Planner Candice E. Perkins reported that this proposed amendment was initiated by a formal request to add SIC 208, Beverages, into the MI (Industrial Limited) permitted uses. Ms. Perkins stated that SIC 208, Beverages, as a whole, is permitted in the M2 (Industrial General) District, and includes the following uses: Malt Beverages (SIC 2082); Malt (SIC 2083); Wines, Brandy, and Brandy Spirits (SIC 2084); Distilled and Blended Liquors (SIC 2085); Bottled and Canned Soft Drinks and Carbonated Waters (SIC 2086) - currently permitted in M I ; and Flavoring Extracts and Flavoring Syrups (SIC 2087) -currently permitted in MI. Ms. Perkins recalled the Planning Commission's discussion of this proposed amendment at their meeting of Jame 17, 2009. She said conurnents forwarded to the Board of Supervisors maintained that SIC 208 as a whole may not be appropriate; therefore, SIC 2082 and SIC 2083 were removed. During the Board of Supervisors' discussion on June 24, 2009, the Board requested additional information regarding the need to exclude the two uses. Ms. Perkins said the Board of Supervisors forwarded SIC 208 in its entirety to public hearing. Ms. Perkins referred to a handout to the Commission, which was a copy of an email from the EDC (Economic Development Commission) regarding their research into the use. She said the EDC reported they did not have any concerns about the malt or the malt beverage production. Chairman Wilmot commented that the specific formal request referred to by the staff was solely to add SIC 2084, Wines, Brandy, and Brandy Spirits, and SIC 2085, Distilled and Blended Liquors, into the Ml District. Chairman Wilmot noted that SIC 208, Beverages, was originally placed as a permitted use only in the M2 District for a reason. She explained that her issue was that the M 1 Zone is not one where there can be a co- existence of heavier industrial uses, particularly because of the office buildings. She said if these heavier industrial -t3 pe businesses are going to be allowed in the MI District, it will probably eliminate the establishment of office parks in the M 1 Districts. Commissioner Thomas inquired if the concern also included businesses such as micro -breweries, which is not an intensive use, and would fit within the M1 District. He commented about the SIC classification system and its inability to distinguish between micro and full -scales uses. He said the limiting factors for large- scale uses would be the availability of utilities and water. Chainnan Wilmot agreed with Commissioner Thomas's comments and she noted the committee's work on switching over from the SIC Codes to the NAICS. She said the delineation between micro and full-scale uses could probably be made using the NAICS. Frederick County Planning Commission rag' "V Minutes of July 15, 2009 Commissioner Mohn said he understood the concerns raised because of the variety of uses permitted in the M I Zoning District. However, Coni rllssioner Mohn said he would not want to short-change opportunities for industrial uses in the M I District for the sake of promoting office development when perhaps the office development should occur through some other zoning category. Connimissioner Mahn said he was comfortable allowing SIC 208 in its entirety within the MI District. Chairman Wilmot called for public comments; however, no one was present to speak. A motion was made by Connrnissioner Thomas, seconded by Connmissioner Kriz, and passed by a majority vote, to recommend approval of the proposed ordinance amendment to add Standard Industrial Classification (SIC) 208, Beverages, in its entirety to the permitted uses in the M1 (Light Industrial) Zoning District. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Subsection 82E, by adding Standard Industrial Classification (SIC) 208, Beverages, to the permitted uses in the M 1 (Light Industrial) District. The majority vote was as follows: YES (TO REC. APPROVAL): Mohn, Kerr, Triplett, Kriz, Madagan, Thomas, Oates, Rucklman, Crosen, Ambrogi, Unger NO: Wilmot (Note: Commissioner Manuel was absent from the meeting.) COMMISSION DISCUSSION DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT TO THE FLOODPLAIN DISTRICT No Action Required Senior Planner Candice E. Perkins reported that Article XV of the Frederick County Zoning Ordinance, Floodplain Districts, is the portion of the ordinance that lays out the various floodplain districts and the uses and disturbance permitted within the various districts. Ms. Perkins stated that FEMA (Federal Emergency Management Agency) has developed a new flood insurance rate map for Frederick County and the County is required to adopt a floodplain ordinance that is compliant with State and Federal requirements. She said the Planning Staff has been working with the Virginia DCR (Department of Conservation and Recreation) to revise the County's current ordinance so that it would be compliant. Ms. Perkins said the revisions before the Commission this evening are based on a Virginia DCR model floodplain ordinance that has been approved by FEMA. She noted that the revisions are necessary to be in conformance with the 2009 Flood Insurance Study and the new rate maps for the County as prepared by HUD (United States Department of Housing and Urban Development), Federal Insurance Administration, dated September 2, 2009. Frederick County Planning Commission Page 2501 Minutes of July 15, 2009 Ms. Perkins proceeded to provide some background on the need for this update. She said as a participating cornmwiity in the National Flood Insurance Program, Frederick County is responsible for making sure that the floodplain management regulations meet or exceed the minimum requirements of the flood insurance program in Virginia. She noted that Frederick County's floodplain ordinance does not meet the minimum requirements and, therefore, FEMA would not be able to offer flood insurance in Frederick County. Ms. Perkins explained there are numerous proposed revisions to the floodplain districts including: an abundance of new sections were added; numerous sections were renamed; new titles were provided for the study and maps, a new date was provided for the map adoption; the Flood -Fringe District was renamed the Special Floodplain District; revisions were made to the Floodway District Development Prohibitions Section; and new and revised definitions were provided. Ms. Perkins commented that the DRRC (Development Review and Regulations Connrnittee) endorsed the changes at their meeting on June 25, 2009, and recommended it be sent to the Planning Commission for discussion. Conunissioner Ruckrnan referred to the first page of the draft changes to the Floodplain District under the section entitled, Ptupose, where the first line states, "The purpose of these provisions is to prevent the loss of life and property..." Mr_ Ruckman suggested that the word, prevent, should probably be replaced or omitted because the ordinance can only minimize or reduce the possibility_ of the loss of life or property, but it cannot prevent the loss of life or property. No other issues or concerns were raised by the Plarming Commission at this time. UPDATE OF THE DRAFT TRANSPORTATION IMPACT ANALYSIS (TIA) STANDARDS No Action Required Deputy Director—Transportation, John A. Bishop, reported that the Transportation Committee has spent significant time in cooperation with representatives from the Top of Virginia Builders Association to develop the current draft of the Traffic Impact Analysis (TIA) Standards. Mr. Bishop stated that on June 22, 2009, the Transportation Committee voted to forward this draft to the Board of Supervisors for their consideration. He said the official recommendation is to adopt the policy and direct the DRRC (Development Review and Regulations Committee) to modify the ordinance as necessary in order to implement the new TIA policy. Commissioner Thomas referred to the section entitled, Process and Report Requirements, Article 4. Each TIA must include the following: d) Accident Data for the most recent three-year period to include accident type and severity, if readily available, from the State Police. Commissioner Thomas suggested that the words, if readily available, be removed and have the accident data included. He said if there is a personal injuryaccident or property damage over a certain dollar amount threshold, the police will have the information. Commissioner Kriz connnented that these standards had considerable deliberations by both the Transportation Committee and the Top of Virginia Builders Association and an agreement was finally reached where everyone is now satisfied. He said there was a considerable amount of give and take '"'nth these standards. Chairman Wilmot asked Mr_ Bishop who adopts these standards, the Transportation Committee or the Board of Supervisors. Mr. Bishop replied that the Transportation Committee has recommmended the adoption of the standards to the Board of Supervisors. He said part of that reconnmendation is to adopt the policy Frederick County Planning Commission rage LDvL Minutes of July 15, 2009 and to task the DRRC with making the necessary code modifications so that the site plan and master plan check list reference the policy. No other issues or areas of concern were raised by the Conunission. Members of the Commission voiced their support and noted that these standards have been needed for quite a while. OTHER DEVELOPMENT IMPACT MODEL Planning Director, Eric R. Lawrence, presented the Commission with a copy of the current DIM (Development Impact Model) for 2009. Mr. Lawrence stated that this is the expectation printout from the DIM and the Board of Supervisors adopted this on June 24, 2009_ Mr. Lawrence said this information is used to evaluate the impacts a residential project will have on the County. Commissioner Thomas conunented that the projected capital facility impacts seemed to have gone downi from last year. Mr. Lawrence replied that the total impact for Single Family Dwelling Unit and the Town Home Dwelling Unit went down by a couple thousand dollars each and the Apartment Dwelling Unit went up. Mr. Lawrence said that generally speaking, the nu nbers are within the same ballpark. ADJOURNMENT No further business remained to be discussed. Upon motion made by Commissioner Kriz and seconded by Connnissioner Triplett, the meeting was adjourned at 7:50 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 2503 Minutes of July 15; 2009 • • C CONDITIONAL USE PERMIT #05-09 ROGER JENRINS w Staff Report for the Planning Commission w Prepared: July 31, 2009 a,Staff Contact: Mark R. Cheran, Zoning Administrator 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 Planning Commission: 08/19/09 Board of Supervisors: 09/09/09 Action Pending Pending EXECUTIVE SUMARY: This is a request for a Public Garage without Body Repair. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. The applicant shall apply for and install an approved septic system within three (3) years (September 9, 2012) of the approval date of this Conditional Use Permit. 7. This Conditional Use Permit shall be void and will be revoked if condition #6 is not implemented. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 9. Hours of operation shall be from 7:00 am to 7:00 pm. 10. Any expansion or change of use shall require anew Conditional Use Permit. Page 2 Conditional Use Permit #05-09 Roger Jenkins July 31, 2009 LOCATION: This property is located at 190 Boggess Lane. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 41-10-9 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Garage ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential/Church East: RA (Rural Areas) Land Use: Residential/Vacant West: RA (Rural Areas) Land Use: Residential/Vacant PROPOSED USE: This application is for a Public Garage without Body Repair. REVIEW EVALUATIONS: VirLyinia Department 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. Fire and Rescue: Plan approval recommended. Inspections Department: Building permit for change of use required. Buildings shall comply with The Virginia Uniform Statewide Building Code and Sections 311, S Storage of the International Building Code/2006 and Special Use Section 406.6. Other Code that applies is ANSI Al 17.1-3 Accessible and Usable Buildings and Facilities. Proposed 4800 sq. ft. repair garage shall comply with ANSI Handicap Al 17.1-3-03. All required egress shall be handicap accessible. Handicap parking shall be provided. Signage shall comply with USBC 1106.8. Parking at proposed shop area not shown on plans at this time. Restrooms shall be provided and Page 3 Conditional Use Permit #05-09 Roger Jenkins July 31, 2009 be connected to an approved disposal system. If floor drain system is provided, a grease/oil separator per the International Plumbing Code. Special inspections requirements of Chapter 17 of IBC shall apply to this type of structure (soils, concrete, steel, etc.). Permit required for fence that exceeds six feet above finished grade. Health Department: The Health Dept. has no objections for the public garage (auto repair) to be utilized as long as the spray irrigation septic system is constructed within the three year time frame and a temporary pump and haul is applied for to be used until the spray irrigation can be utilized within the three year time frame. Please approve with temporary pump and haul for three years after application for pump and haul is approved. All setbacks to existing wells and septics must be met according to Sewage Handling and Disposal Regulations as well as State well regulations. Planning and Zoning: Public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP), provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing structure approximately 4,800 square feet in size, on a 77 acre parcel. This property and the surrounding properties are currently zoned RA and are heavily wooded with natural screening for this proposed use. The nearest buildings or dwellings are more than one -hundred (100) feet from this property. No more than five (5) vehicles awaiting repair are allowed at one time and no employees will be allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. This proposed use will utilize a temporary pump and haul permit approved by the Frederick County Administrator for a period of three (3) years, from the approval date of this Conditional Use Permit. The Health Dept. has no objections for the public garage (auto repair) utilizing the approved pump and haul as long as the spray irrigation septic system is constructed within the three year time frame. Should the applicant not install an approved septic system within the specified time, the CUP will become void and will be revoked. STAFF CONCLUSIONS FOR THE 08/19/09 PLANNING COMMISSION MEETING: This is a request for a Public Garage without Body Repair. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. Page 4 Conditional Use Permit #05-09 Roger Jenkins July 31, 2009 4. Operation limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. The applicant shall apply for and install an approved septic system within three (3) years (September 9, 2012) of the approval date of this Conditional Use Permit. 7. This Conditional Use Permit shall be void and will be revoked if condition #6 is not implemented. S. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 9. Hours of operation shall be 7:00 am to 7:00 pm. 10. Any expansion or change of use shall require 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. d// .' 'Zoger Jenkins �; ��\ .7 -• ✓�/`t �: CUP # 05 - 09 • . "' PIN: 41 -10-9 -INK% _ �i SAF jr, N.,RcYw*' u '`+�kp1 ak - R#rts r 1 • f • ` r ", 0A41 16001 � `�.. • s ...� dj/ � � i9Qi � � �� d� ,�^l. if A. •R t c ? , r/ N it ,iy.. .. 7 r7, fi■ c4 �i■y ■_ 11..E F '� /.rsliic. ',��j :"}Q� !+ 440 6 ��] O"O 301 # tR ow ' • �a CURRENT ZONING Case Planner. Mcheran ■i ■ t t sr, - • ' ro 1 • +; a 654 - s Future Rt37 B Bypass Zoning M2 (Industrial, General District) •. s �', -�' y A'd \ ,; �/ yF� R • CUP0509 RogerJenkins 072309 BI (Business,. Neighborhood District) 1 ti < �� O ,`vy •• • ■'aM' t :_1 Urban Development Area B2 (Business, General Distrist) ht ■ ■ -- , s ` , i '; � T 1 T�. 1{ (} : p i ��. SWSA 4W B3 (Business, Indmoial Transition District) w r ■ ■ - ,. < '{ q ? ■ ar •'- , ' EM (Extractive Manufacturing District) Community District) R5 (Residential Recreational Community District) rJ - - • ■ -� :. ■ It �. F i i I 4 ) RA(Rural Area District) . 0 : r I d (Industrial, i t MI usra, ht District n K ) r• 250 500 r � l IF. `rtr�er 40 l l Jl/� f1 l r a— 4 Case Planner. Mcheran ■i ■ t t sr, - • ' ro 1 • +; a 654 - s Future Rt37 B Bypass Zoning M2 (Industrial, General District) •. s �', -�' y A'd \ ,; �/ yF� R • CUP0509 RogerJenkins 072309 BI (Business,. Neighborhood District) MHI (Mob?le Hume Community District) ■■` < �� O ,`vy •• • ■'aM' i ., ■ :_1 Urban Development Area B2 (Business, General Distrist) MS (Medical SupOort District) ■ ■ -- , s ` , i '; � T 1 T�. 1{ (} : p i ��. SWSA 4W B3 (Business, Indmoial Transition District) 4W Rl (Residential Planned r ■ ■ - ,. < '{ q ? ■ ar •'- , ' EM (Extractive Manufacturing District) Community District) R5 (Residential Recreational Community District) rJ - - • ■ -� :. ■ It �. F i i I HE (Higher Education District ) RA(Rural Area District) 0 : < I d (Industrial, i t MI usra, ht District n K ) _ RP (Residential Performance District) 250 500 1,000 Feet 1, I , Submittal Deadline Aq ca PIC Meeting _�.%.�,AY 1, s_. BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. AuplicAnt (The applicant if the owner other) NAME: 140 6e' - ADDRESS: ' -ADDRESS: I P -Me / CAS -r 4 Rd Q, -,c �► ��-e,- �� a � � v� TELEPHONE %- `57(o:� 2. Please list all owners, occupants (adult individuals as well as any entities -occupying the property), or parties in the interest of the property: 0 3. .The property is located at: (please give exact directions and include the route number of your road or street) 1 e'i -e�-A.o - J �-- ��- C/) -r 4. The property has a roadfrontage of O Beet and a Call depth, of J �® �' ►�`� p �� feet and consists of acres. (Please be exact) 5. The property is owned by 4oj e.- 4-Z.4,L-,,as evidenced by deed from lyr- recorded (previous owner) in deed book no. &.94' on page �1-2S- , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I.D.) No. q1- /0 - Magisterial District . @s ,6o, Current Zoning )Qf4 Adjoining Property: �} USE North �'��r77� -,,c East 11 South �I West :1 ZO-NUN G 01 I I 13. The type of use proposed is (consult with the Planning; Dept. before completing) 9. It is proposed that the following buildings will be constructed: 1 t}. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people wilt be notified by snail of this application: NAME J ��p- ADDRESS dfaP_! Cit,r PROPERTY ID# qs -r4 `V3,4 ADDkESS 1 ®49 e-�S 4-a ? e - PROPERTY ID#_q NAME�n,jr f-- � Cts" �^�ADDRESS 9__9._eA-5'pc- PROPERTY ID#/ NAME a -� 1_ -LZ),? --ADDRESS f' -SS Zia e - PROPERTY ID# /0 - NAME %aeo1Ls j�-Ae/ti° ADDRESS rc!l Ln� PROPER) -Y ID# 41/ - A 99 NAME .40,C%a,-d 9-;�k/,�e&4'Jin.-v DDR_ESS%J La/7 PROPERTY ID -4 NAMEIAV,, ADDRESS PROPERTY ID#_5q -,q - J,� Z> NAME:biq,i,-d :Je/7n,',jS ADDRESS PROPERTY ID# NAM DDRESS 1( PROPERTY ID# C. ADDRESS PROPERTY ID#_W - 0 NAM Eo/Z�.,&n ADDRESS PROPERTYID# NAMEke=y ?—eJ-IG,-,/ADDRESS // 0 PROPFRTYID# N A M E �L i �4�, , � ADDRESS //L-) 'Z),, i PROPERTYfD# ADDRESS PROPERTY ID# V) - q - -3 NAME ernes MqLo,,-5 ADDRESS q q(D B 4240- / 60�;Ie w PROPERTY ID# V1 -A - / aV NAME ADDRESS la PROPERTY ID# -N'AMI---O/d'6aMg/f�i.�,/r�DDRESS 15-26, PROPER TY ID4 Y/ -A NAME V,,)6, :j/ ADDRESS :5�? 9 4pl,� 1 - --------- .. . ........... . - PROPERTY ID# q1- /I - q1 :5-40 Old t9c,-Me-1 N"" 45,1 l 1. Tease use alis page fol' your sketch of the property. Show proposed and/or existing structures on the property; including measurements to all property .lines. I4?U BY A FRO Irk! ==`F ,tom cT'�a ClAky 15. 200E r� AND REMRCRCv"3 OF fEM. W9- i 623 is = P(A W UND E ;SET�) M�� 18` OAK �;. ( 1' BAR RE FOUND REW LOT 2 R s 5.�J AC. RSSET FOUND "`BAR\D--�'�' NO REBARPST SET REPOST �FOUREBAR G FOUND C R� S� ti LOT 1 SETCER, RERAR U d�.C>QO r C. �' RE6AR 1.000 AC. + SET SET ww SEE DETAIL EXIST. SET ,� FOR R/1N ESMT �� SO' R/W OR �. -8 AC. FST STONE •FROUND FUND EXIST. RD, POST TO CEMETERY ez r /'D E DEED POST OF ESST AND FLAT REBAR , INSTR. 1020009623 SET ® w R ^pry FOUND� . EEFOUNBARD �{ RSET? V v T- ^ POST ��. c RE ( r'3 a, FOUND REBAR C�l� SET POST 41, STONE \ �� ,.� FOUND 0 K AREA TABULATION FvUNG TOTAL AREA 108.158 AC. C dFTFW 1.000 AC, TN 41-10-9 105.158 AC. PROPOSE) LOT 1 10.000 AC. LOT 2 5.000 AC. REMNDER 010.158 AC. 'ALT H op '�L Oz -1. 12. Additional comments, if any: r I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. 1 understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorises any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners'Mailing Address p ' e L-/?'v/ins — Owners' "felephone No. & & -7 - g& S--( TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: