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HomeMy WebLinkAbout05-21 BOS Staff ReportCONDITIONAL USE PERMIT #05-21 Corey Garrison-Boat Repair Shop Staff Report for the Board of Supervisors Prepared: June 30, 2021 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: 06/16/21 Recommended Approval Board of Supervisors: 07/14/21 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a boat repair shop located at 7341 Northwestern Pike, Gore. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. It appears that this use would not have any significant impacts on the adjoining properties. The Planning Commission held a public hearing for this application at their meeting on June 16, 2021, and recommended approval. Should the Board of Supervisors find this application to be appropriate, the Planning Commission recommended 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. This use shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.33. Boat repair shop. 4. Hours of operation shall not exceed 8 a.m. to 8 p.m. Monday through Sunday. 5. Any proposed business sign shall be monument style not to exceed twenty-five (25) square feet in size and ten (10) feet in height. 6. No more than two (2) employees with this CUP. 7. Conditional Use Permit #04-01 shall be void upon approval of this Conditional Use Permit. 8. 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 #05-21, Corey Garrison Boat Repair Shop June 30, 2021 LOCATION: The subject property is located at 7341 Northwestern Pike, Gore, Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 27-A-93 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Shop ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to establish a boat repair shop. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 50, the VDOT facility providing access to the property. The existing entrance on Route 50 is in need of minor repair to bring it up to VDOT standards for the proposed use. Should the use ever expand in the future, the entrance will need to be reviewed, to determine if additional improvements may be required. Frederick County Inspections: Please see the Mark Fleet, Building Official, comment sheet dated December 3, 2020. Frederick County Fire Marshall: Approved Winchester-Frederick County Health Department: Please see the Jim Davis, Environmental Health Supervisor, letter dated November 20, 2020. Planning and Zoning: 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. The Frederick County Zoning Ordinance defines a “Boat Repair Shop” as A structure or portion thereof, designed or used for servicing, repairing or equipping boats. The proposed use take place entirely within an existing building on-site. Page 3 CUP #05-21, Corey Garrison Boat Repair Shop June 30, 2021 The Zoning Ordinance also contains supplementary use regulations that apply to boat repair shops: 165-204.33 Boat repair shop All boat repair uses shall meet the following requirements: A. All repair activities shall take place entirely within an enclosed structure. B. All exterior storage of parts, equipment, and boats shall be screened from view of surrounding properties by an opaque fence or screen a minimum of six (6) feet in height. This fence or screen shall be adequately maintained. C. In the RA, M1, and M2 Zoning Districts the sale or resale of boats shall not be permitted as an accessory or secondary use to a boat repair shop. With this request, the Applicant intends to have customers dropping off boats for repair and then picking up once work has been completed. No customer waiting area is proposed with this use. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 06/16/21 MEETING: Staff reported that this is a request for a Conditional Use Permit (CUP) for a boat repair shop located at 7341 Northwestern Pike, Gore, in the Gainesboro Magisterial District. It was noted that the site previously operated as an automobile repair shop under an approved conditional use permit. Staff then provided an overview of the definition and supplementary use regulations that pertain to boat repair shops as outlined in the zoning ordinance and then provided an outline of the proposed conditions. The Planning Commission requested confirmation that the Applicant understood and agrees to all conditions proposed with this permit. Mr. Corey Garrison, the Applicant came forward and discussed his request to move his business to this site; he also noted that he understood and agrees to the proposed conditions. The Commission asked if all work would be conducted within the building; the Applicant responded that all repairs would occur within the structure, and he will be installing a fence to screen boats waiting to be repaired. A motion was made, seconded, and unanimously passed to recommend approval of CUP #05-21 Correy Garrison (Boat Repair). (Note: Commissioner Kozel 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.