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Home My WebLink About04-19 PC Staff ReportCONDITIONAL USE PERMIT #03-19 Jonathan DeHaven – Public Garage with Body Repair Staff Report for the Planning Commission Prepared: July 3, 2019 Staff Contact: M. Tyler Klein, Senior Planner 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: 07/17/19 Pending Board of Supervisors: 08/14/19 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for the establishment of a public garage with body repair (for fabricating custom car parts) business in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a custom car parts business to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All auto repair related activities, including storage of vehicles awaiting service, shall occur entirely within an enclosed structure. Any exterior storage of parts and equipment shall be screened from view by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be from 8 a.m. to 8 p.m. Monday through Friday, 8 a.m. to noon on Saturdays and closed Sundays. 5. 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. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #04-19, Jonathan DeHaven – Auto Repair Business July 3, 2019 LOCATION: The subject property is located at 4564 N. Frederick Pike, Winchester. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-29A PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential (single-family detached) South: RA (Rural Areas) Use: School East: RA (Rural Areas) Use: Residential (single-family detached) West: RA (Rural Areas) Use: Residential (single-family detached) PROPOSED USE: The Applicant proposes the establishment of a public garage with body repair (for fabricating custom car parts). REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have measurable impact on Route 522, North Frederick Pike, the VDOT facility which would provide access to the property. Prior to operation of the business, the existing entrance must be upgraded to meet current commercial entrance standards to allow for a 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. See original comment letter dated May 7, 2019 from Gregory Hoffman. Frederick County Inspections: Conditional Use require to use existing residential garage for commercial use. The area utilized shall comply with The 2015 Virginia Uniform Statewide Building Code, Virginia Mechanical Code 2015, and ANSI A 117.1-09 – Accessible and Usable Buildings and Facilities. Please submit a permit application for the change of use. Please include a floor plan of the current garage layout and a future floor plan of the proposed layout. Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking area/unloading to entrance shall be provided. Page 3 CUP #04-19, Jonathan DeHaven – Auto Repair Business July 3, 2019 Final inspection/approval with certificate of occupancy shall be issued prior to new use of the facility. Public restrooms facilities shall be provided with 500’. See original comment letter dated May 6, 2019, from Mark Fleet, Building Official. Frederick County Fire Marshall: CUP Approved provided that the following is met. There be at least 1 5# ABC multipurpose fire extinguisher hung and readily accessible. There be at least 1 functioning smoke or heat detector in the shop. See original comment letter dated April 19, 2019 from Kenneth Scott Jr., Fire Marshal. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for a Conditional Use Permit for operating a specialty shop to work on drag racers and race cars at 4564 N. Frederick Pike, Winchester, VA 22603 Tax Map #30-A- 29A. There appears to be no potential for encroachment on any existing sewage disposal systems or wells on the property or an any adjoining properties. The Applicant says that the customers will only drop off cars, but that there will be no waiting area for customers. The applicant will not have any employees engaged in the proposed enterprise. Currently, there are only two individuals living on the property. Therefore, the proposed operation will not adversely impact the existing sewage disposal system or water suppl y (well) serving the property. This Health Department has no objections to the use of the property for working on drag cars and racecars. Applicant is welcome to contact this Health Department at (540) 722 -3480 about any part of this correspondence. See original comment letter dated April 16, 2019 from Herbert Coremier, E.H. Supervisor. Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a public garage with body repair. The application states the proposed use will be for a “specialty auto shop” without engine repair or oil changes, “fabricating custom drag car race car chassis.” The Applicant notes customers may drop off their car, for up to two months, and pick up the vehicle when the work is complete. No customer waiting area is proposed with this use. The Frederick County Zoning Ordinance defines a “Public Garage” as designed or used for servicing, repairing or equipping motor vehicles. No employees are proposed with this use. The proposed use take place entirely within an existing building on-site. Access to the property is provided by a private driveway from North Frederick Pike (Route 522). The property is surrounded by other RA (Rural Areas) zoned property, which includes single - family detached residences. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as “rural” and is to remain Page 4 CUP #04-19, Jonathan DeHaven – Auto Repair Business July 3, 2019 rural/agricultural in nature and is not part of any land use study. STAFF CONCLUSIONS FOR THE 07/14/19 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for the establishment of a public garage with body repair (fabricating custom car parts) business in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a custom car parts business to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All auto repair related activities, including storage of vehicles awaiting service, shall occur entirely within an enclosed structure. Any exterior storage of parts and equipment shall be screened from view by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be from 8 a.m. to 8 p.m. Monday through Friday, 8 a.m. to noon on Saturdays and closed Sundays. 5. 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. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.