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HomeMy WebLinkAbout10-20 BOS Staff ReportCONDITIONAL USE PERMIT #10-20 Hans Holthaus – Public Garage Without Body Repair Staff Report for the Board of Supervisors Prepared: September 11, 2020 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 Action Planning Commission: 09/02/20 Recommended Approval Board of Supervisors: 09/23/20 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for the establishment of a public garage without body repair (for vehicles and farm equipment) business in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application 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 shall occur entirely within an enclosed structure. No more than five (5) highway vehicles awaiting repair on site at any time. 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, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #10-20, Hans Holthaus September 11, 2020 LOCATION: The subject property is located at 5115 Cedar Creek Grade, Winchester. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 72-A-22A PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant PROPOSED USE: The Applicant proposes the establishment of a public garage without body repair (for vehicles and farm equipment). REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 622, Cedar Creek Grade Road, the VDOT facility providing access to the property. The location of the existing entrance meets sight distance requirements for a low-volume commercial entrance. Should the use ever expand in the future, the entrance may need to be reviewed to determine if any additional improvements to the entrance would be required. Frederick County Fire Marshall: Approved. The garage shall have at least 1 working smoke detector and 1-10-pound fire extinguisher. May substitute 2-5-pound fire extinguishers if more feasible for the owner. Frederick County Inspections: Conditional Use request 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, if altering. Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking area/unloading to entrance shall be provided. Site appears to be flat. Page 3 CUP #10-20, Hans Holthaus September 11, 2020 Final inspection/approval with certificate of occupancy shall be issued prior to new use of the facility. Public restroom facilities shall be provided with 500’. Winchester-Frederick County Health Department: This main dwelling is served by an approved on-site sewage system and private well. This office has no objections to the property owner working out of his garage. Owner has access to a restroom. No employees. No public access to residential facilities. Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a public garage without body repair (vehicles and farm equipment). The Frederick County Zoning Ordinance defines a “Public Garage” as designed or used for servicing, repairing or equipping motor vehicles. There will be one (1) employee with this use. The proposed use takes place entirely within an existing building on-site. Access to the property is provided by a private driveway from Cedar Creek Grade Road (Route 622). 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 rural/agricultural in nature and is not part of any land use study. STAFF CONCLUSIONS FOR THE 09/02/20 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for the establishment of a public garage without body repair (vehicle and farm equipment) business in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application 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 Page 4 CUP #10-20, Hans Holthaus September 11, 2020 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. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 09/02/20 MEETING: Staff reported, this is a request for a Conditional Use Permit for the establishment of a public garage without body work; this use would repair vehicles and farm equipment. Mr. Cheran continued, the property is zoned RA (Rural Areas) District and the current land use is residential and agricultural; surrounding properties are zoned RA and have agricultural and residential land uses. Mr. Cheran provided a locations map of the property. Staff explained, the Zoning Ordinance defines a “Public Garage” as designed or used for servicing, repairing or equipping motor vehicles. The Applicant proposes to have one (1) employee with this use. Staff noted, the use would take place entirely within an existing building on-site and access to the property is provided by a private driveway from Cedar Creek Grade Road (Route 622). The 2035 Comprehensive Plan of Frederick County identifies this area of the County as “rural” and is to remain rural/agricultural in nature and is not part of any land use study. Staff shared the conditions as recommended by Staff. 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 on 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. Commissioner Thomas asked if there is a limit as to what can be stored outside and how many vehicles. Staff commented, typically 5 vehicles. Chairman Kenney asked the Applicant if he would primarily be working on farm equipment. Mr. Holthaus responded that is correct. Commissioner Thomas stated he would like to add 5 pieces of equipment as part of a condition. Commissioner Oates commented, by-right he could have as many tractors and such as he wants Page 5 CUP #10-20, Hans Holthaus September 11, 2020 on his property. Staff commented, possibly the 5 pieces could be identified as highway vehicles. Motion was made, seconded, and unanimously passed to recommend approval with a change to condition #3 to add “limit of 5 highway vehicles”. (Note: Commissioner Cline was absent from the meeting). Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.