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HomeMy WebLinkAbout11-22 BOS Staff Report - December 2022CONDITIONAL USE PERMIT #11-22 RICHARD BYESS Staff Report for the Board of Supervisors Prepared: December 8, 2022 Staff Contact: Kayla Peloquin, 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: 12/07/22 Recommended Approval Board of Supervisors: 12/14/22 Pending EXECUTIVE SUMMARY: This is a request for a humanitarian aid organizational office. The applicant proposes utilizing an existing barn on a 5.00 +/- acre property for both an office space for staff of non-profit organizations and as a storage space. Donated furniture and other home furnishings will be stored in the barn until they are dispersed. The barn includes a 288 square foot office space, a 1,800 square foot fully enclosed storage space, a functioning bathroom, and a partially enclosed storage/loading space in the rear of the building. Access to the office and storage area will be limited to staff and volunteers of partner organizations as well as those bringing donations. Access to the storage area will be during scheduled daytime hours and limited to several times a week for a few hours at a time. Otherwise, there will only be access by appointment. The applicant proposes using the shared driveway that serves the property owner’s home and the barn to access the storage space and office. The applicant anticipates having no more than one (1) - two (2) employees working part-time at this location as well as ten (10) - twelve (12) volunteers on a periodic basis when disbursing furniture from the barn. Clients will not be visiting the barn directly. Should the Planning Commission find this use appropriate, staff would suggest the following conditions be placed on the Conditional Use Permit (CUP): 1. All review agency comments and requirements shall be complied with at all times. 2. A minor site plan, in accordance with the requirements of Part 802 of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to establishment of the use. All supplementary use regulations listed in the Frederick County Zoning Ordinance §165-204.09 for humanitarian aid organizational offices shall be addressed on the site plan. 3. No residential uses are permitted in any accessory structures on the property. 4. Any expansion or change of use will require a new CUP. 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 #11-22 Richard Byess December 8, 2022 LOCATION: The property is located at 1107 Cedar Creek Grade. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 63-A-2F PROPERTY ZONING & PRESENT USE: Zoned: RA Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA Use: Residential South: RA Use: Residential East: RA Use: Blue Ridge Grace Brethren Church West: RA Use: Residential PROPOSED USE: Humanitarian aid organizational office REVIEW EVALUATIONS: Planning and Zoning: The Frederick County Zoning Ordinance defines a humanitarian aid organizational office as “A charitable organization established to provide relief assistance to an identified distressed, underprivileged group. Relief would be provided in such forms as clothing, medical supplies, or educational contributions. The organization must provide a public beneficial interest to the community” (§165-101.02). A humanitarian aid organizational office is permitted in the RA (Rural Areas) zoning district with an approved Conditional Use Permit (CUP). The barn was previously West Oaks Farm Market, operating under existing CUP #02-06 for a farm market stand on the property. The Comprehensive Plan designates this parcel to remain rural. The proposed CUP is consistent with the intent of the goals of the Comprehensive Plan. Adaptive reuse of existing structures for non- impactful uses in the rural areas is encouraged. The property is located just outside of the Sewer and Water Service Area (SWSA) and outside of the Urban Development Area (UDA). 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), the VDOT facility providing access to the property. The existing entrance located on this portion of the road meets VDOT entrance requirements. Based on this information, VDOT can support the CUP request. Page 3 CUP #11-22 Richard Byess December 8, 2022 Frederick-Winchester Health Department: The onsite sewage system connected to the old farme rs market is designed to accommodate 292 gallons per day. It will be adequate for 1-2 part-time employees and 10-12 volunteers on a periodic basis. Frederick County Fire and Rescue: Portable fire extinguishers and smoke alarms shall be installed per the Frederick County Fire Prevention Code. Frederick County Inspections: The existing farm building will require an evaluation of the foundation and structure by a Virginia Registered Design Professional. The building will also require a change of use per mit and meet the requirements of the Virginia Existing Building Code and Virginia Construction Code. Other codes that may apply are the Virginia Plumbing, Mechanical, and Energy Codes as well as ANSI 117.1 and the NEC. Entrances and exits shall meet accessibility requirements per ANSI A117.1. Accessible parking and pathway to the building will be required. Exit signage and emergency lighting shall be required. Frederick County Public Works: We offer no comments at this time. Frederick Water: Frederick Water does not serve this parcel and has no additional comments. City Of Winchester: Planning department – no comments. Historic Resources Advisory Board: Following their review of this application, the HRAB determined there would be no adverse impacts on local historical resources from the proposed use and recommended approval. STAFF CONCLUSIONS FOR THE 12/07/22 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions be placed on the Conditional Use Permit (CUP): 1. All review agency comments and requirements shall be complied with at all times. 2. A minor site plan, in accordance with the requirements of Part 802 of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to establishment of the use. All supplementary use regulations listed in the Frederick County Zoning Ordinance §165-204.09 for humanitarian aid organizational offices shall be addressed on the site plan. 3. No residential uses are permitted in any accessory structures on the property. 4. Any expansion or change of use will require a new CUP. Page 4 CUP #11-22 Richard Byess December 8, 2022 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/07/22 MEETING: The Planning Commission held a public hearing on the proposed C UP request on December 7, 2022. The Planning Commissioners discussed the hours that the barn would be open. The applicant described the intent to make the barn available for charitable organizations that was previously the West Oaks Farmers Market. The applicant stated the hours will be limited to daytime hours but the specifics are still being worked out. The applicant added that the program was being run out of Shenandoah University. The applicant stated there are no commercial transactions, the barn will be a storage area and a small office. There were no public comments. There was a discussion on the potential impact on traffic, and it was pointed out that VDOT commented there would be little measurable impact on Cedar Creek Grade. The Planning Commission unanimously voted to recommend approval of the CUP and send the item forward to the Board of Supervisors. 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.