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HomeMy WebLinkAbout10-23 BOS Staff ReportCONDITIONAL USE PERMIT #10-23 COTTAGE OCCUPATION (ROSES PLUMBING) Staff Report for the Board of Supervisors Prepared: December 1, 2023 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: 11/01/23 Recommended Approval Board of Supervisors: 12/13/23 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to allow a Cottage Occupation to operate a plumbing business. Should the Board of Supervisors find this use to be appropriate, Staff would recommend the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. One (1) employee that is not residing on the premises is permitted. 3. No customers permitted on the property. 4. Any expansion or modification of this use will require the approval of 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 #10-23 Cottage Occupation (Roses Plumbing) December 1, 2023 LOCATION: The subject property is located at 311 Paddys Run Road, Star Tannery, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 80-A-22 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA Use: Vacant South: RA Use: Residential East: RA Use: Residential West: RA Use: Vacant/Cemetery PROPOSED USE: This is a request for a Conditional Use Permit (CUP) for a cottage occupation (plumbing business) of 64.00 +/- acres. REVIEW EVALUATIONS: Planning and Zoning: Proposal: This is a request for a Conditional Use Permit (CUP) for a cottage occupation to operate a plumbing business. The applicant proposes utilizing an existing, permitted 30’x50’ (1,500 SF) warehouse on the property for storage of materials. Any outdoor storage of materials would be limited to pipes and scrap that would be stored behind the building and taken to the scrap yard monthly. There would be no customers coming to the site as all work takes place off-site. One employee would visit the site briefly in the mornings to gather materials for the day and occasionally in the evenings to unload materials, typically between 7:00 AM and 5:00 PM Monday through Friday. The employee or owner may visit the warehouse outside of these typical hours if necessary due to an emergency service call. The applicant has indicated the business has two small cargo vans, one of which the employee takes to their home each night, and one pickup truck/dump truck that would be parked on the property when not in use. Staff conducted a site visit on October 13, 2023, and observed the warehouse utilized for storage of plumbing materials, the graveled entrance to the warehouse, and verified the type vehicles used for the business. Comprehensive Plan Land Use Compatibility: The Comprehensive Plan provides guidance when considering land use actions and designates this property to remain rural in nature. The property is not included in any small area plans and is Page 3 CUP #10-23 Cottage Occupation (Roses Plumbing) December 1, 2023 located outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The proposed use is generally consistent with the Comprehensive Plan. Zoning Ordinance Requirements: The Frederick County Zoning Ordinance defines a Cottage Occupation as “An occupation or profession customarily carried on in a dwelling unit or an accessory building, which: A. Actually, is carried on wholly within the principal residential building or an accessory building or structure, B. Is carried on by no more than one person other than members of the family residing on the premises: C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and D. Serves more than five customers per day (§165-101.02). Cottage Occupation is allowed use in the RA Zoning District with an approved CUP. The Zoning Ordinance states that “outdoor storage or processing shall be completely screened from the view of road and street right-of-way and from surrounding properties by a six-foot-tall opaque fence, wall, berm or evergreen screen” (§165-201.10 (A)). The existing mature evergreen vegetation meets the requirements for screening of the outdoor storage of pipes and scrap materials. Virginia Department of Transportation: The existing entrance, at 311 Paddy’s Run Road, is adequate for the proposed use. The applicant has agreed to remove some brush and scrub trees to enhance visibility to the north. Please see the attached letter from Lloyd Ingram, Transportation Engineer dated September 28, 2023. Winchester-Frederick Health Department: The detached structure is used for storage of plumbing supplies. There are no employees onsite for an 8 hour shift other than the owner that works out of her home. This office has no objections provided no employees are onsite. Please see the attached letter from Jim Davis, Environmental Health Manager dated September 27, 2023. Frederick County Fire Marshal: Approved as described on the application. Please see the attached letter from Adam Hounshell, Lieutenant/Assistant Fire Marshal dated September 27, 2023. Frederick County Public Works: We offer no comments. Please see the attached letter from Joe Wilder, Director of Public Works dated October 3, 2023. Frederick County Inspections Department: Existing building was permitted and inspected as a storage building. Approved as submitted. Please see the attached letter from Mark Fleet, Building Official dated September 26, 2023. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/01/23 MEETING: The Planning Commission asked staff why a cottage occupation CUP is necessary, and staff Page 4 CUP #10-23 Cottage Occupation (Roses Plumbing) December 1, 2023 responded that because there is an employee of the business, a cottage occupation CUP is required as this does not meet the definition of a home occupation. The Planning Commissioners were surprised that this relatively innocuous use required a CUP and directed staff to look into amending the cottage occupation definition in the Zoning Ordinance to allow for an employee with a standard home occupation. A public hearing was held and one neighbor of the applicants spoke in support of the application and stated they don’t see why a CUP is required to operate in the proposed manner. The Planning Commissioners unanimously recommended approval of the 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.