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HomeMy WebLinkAbout01-24 BOS Staff Report CONDITIONAL USE PERMIT #01-24 Christopher Nicholas Bowie – Public Garage with Body Repair Staff Report for the Board of Supervisors Prepared: March 27, 2024 Staff Contact: Amy L. Feltner, 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: 03/20/24 Recommended Approval Board of Supervisors: 04/10/24 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for the establishment of a public garage with body repair at 703 N. Pifer Road, Star Tannery, in the Back Creek Magisterial District; the subject property is zoned RA (Rural Areas). 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 parking areas shall have gravel or hard surfaces. 4. The business is not permitted to have employees beyond those residing on the property. 5. The hours of operation shall be from 8 a.m. to 6 p.m. Monday through Friday, 8 a.m. to 12 p.m. on Saturday, and closed Sunday. 6. A maximum of five vehicles awaiting service is permitted. 7. 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 #01-24, Christopher Nicholas Bowie March 27, 2024 LOCATION: The subject property is located at 703 N. Pifer Road, Star Tannery. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69-A-35B PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential/Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to establish a public garage with body repair. REVIEW EVALUATIONS: Virginia Department of Transportation: A VDOT review has been completed for the Conditional Use Permit for Nick Bowie, to operate a public garage for rust repair named Nick’s Autobody, LLC. at 703 N. Pifer Rd, Star Tannery, VA 22654. This parcel is identified as TM# 69-A-35B and consists of 25 acres. The existing access to the facility is adequate for the proposed use outlined based on the limited number of additional trips stated in the CUP application. We have no objection to the proposal currently. Should the use expand in the future, we would appreciate the opportunity to revisit at that time to determine if any improvement would be needed. Please see attached letter dated February 6, 2024, from J. Ryan Spielman, Land Use Engineer. Winchester-Frederick County Health Department: No objections provided the Owner is the sole operator and will have no employees. Please see the attached letter dated January 10, 2024, from Kevin Yost, Environmental Health Specialist Supervisors. County Fire Marshall: Approved. The portable fire extinguisher(s) shall be provided as outlined in the Frederick County Fire Prevention Code. Please see the attached letter dated January 22, 2024, from Adam Hounshell, Lieutenant/Assistant Fire Marshal. Frederick County Inspections: The building shall meet all requirements of the Virginia Uniform Statewide Building Code. The building will be required to have an evaluation of the foundation and structural components by a Virginia registered structural engineer. Please see the attached letter dated January 17, 2024, from Mark Fleet, Building Official. Frederick County Public Works: We offer no comments at this time. Please see attached letter dated January 29, 2024, from Joe Wilder, Director of Public Works. Page 3 CUP #01-24, Christopher Nicholas Bowie March 27, 2024 Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a public garage with body repair. The Frederick County Zoning Ordinance defines a “Public Garage” as designed or used for servicing, repairing, or equipping motor vehicles. §165-204.12 requires Motor vehicle service uses, automotive repair shops, and public garages to: (A) All repairs shall take place entirely within an enclosed structure. (B) All exterior storage of parts and equipment shall be screened from view of surrounding properties by an opaque fence or screen at least six feet in height. (C) Inoperable motor vehicles must be stored within a totally enclosed building or screened on all sides by a six-foot opaque element such as a fence, wall, or berm. (D) In the RA, M1, M2 and TM Zoning Districts, the sale of automobiles shall not be permitted as an accessory use to any automotive repair shop. This proposed use would be conducted entirely within an existing building on the property which is accessed via an existing private driveway at 703 N. Pifer Road, Star Tannery. The Applicant is not requesting any employees with this CUP. Staff did a site inspection and discussed the screening options for the parking area. The applicant decided to contain all activities inside the structure. Should the need to use the two parking spaces to store vehicles arise, a gravel surface and screening, such as a 6’ tall opaque fence or 6’ tall double row of evergreens, shall be installed. The screening shall be installed around the north, south, and western sides of the parking area. The eastern side of the parking area was screened by the existing structure. The property is surrounded by other RA (Rural Areas) zoned property, which includes vacant agricultural and single-family detached residences. The Comprehensive Plan identifies this area of the County as “rural” and is to remain agricultural in nature and is not part of any land use study. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 03/20/24 MEETING: The Planning Commission verified that Mr. Bowie resided on the property as his primary residence. There was no further discussion. 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.