HomeMy WebLinkAbout01-24 PC Staff ReportCONDITIONAL USE PERMIT #01-24
Christopher Nicholas Bowie – Public Garage with Body Repair
Staff Report for the Planning Commission
Prepared: March 7, 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 Pending
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 automotive repair related activities, including repairs, 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. All parking areas shall have a gravel or hard surface.
5. The business is not permitted employees beyond those residing on the property.
6. 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.
7. A maximum of five vehicles awaiting service is permitted.
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.
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CUP #01-24, Christopher Nicholas Bowie
March 7, 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.
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CUP #01-24, Christopher Nicholas Bowie
March 7, 2024
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.
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.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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