018-16 (CUPCrossroadGrocery)
CONDITIONAL USE PERMIT #08-16
CROSSROAD GROCERY
Staff Report for the Board of Supervisors
Prepared: September 2, 2016
Staff Contact: Mark 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:
08/17/16 Public Hearing Held; Recommend Approval
Board of Supervisors:
09/14/16 Pending
EXECUTIVE SUMMARY & CONCLUSION FOR THE 09/14/16 BOARD OF
SUPERVISORS MEETING:
This is a request for a Conditional Use Permit (CUP) for a
Country General Store with Fuel Sales. Should the Board of Supervisors find this application for
a Country General Store with Fuel Sales to be appropriate, the Planning Commission
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 engineered site plan shall be submitted to, and approved by Frederick County, and
site improved accordingly, prior to operating store activities on site. The project site
will adhere to commercial parking and landscaping standards.
3.One (1) monument sign shall be allowed on the property; sign shall be limited to fifty
(50) square feet in area. The sign shall not exceed ten (10) feet in height.
4.Store and fuel sales hours of operation shall be 5:00 a.m. to 11:00 p.m. Monday-
Sunday. Gas canopy lighting shall only be permitted to occur during store hours of
operation.
No outdoor display of goods will be permitted.
5.
Fueling of commercial over the road trucks (tractor trailer) will not be permitted.
6.
Fueling for delivery trucks, automobiles, and farm vehicles shall be permitted. Final site
development shall not allow for tractor trailer parking and diesel speed pump installation.
7.Any expansion or change of use will 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 #08-16, Crossroad Grocery
September 2, 2016
LOCATION
: These properties are located at the intersection of North Frederick Pike (Route
522 North) and Cedar Grove Road (Route 654).
MAGISTERIAL DISTRICT:
Gainesboro
PROPERTY ID NUMBERS:
42-A-307 and 42-A-309A
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Country Store with Fuel Sales
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential / Commercial
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
PROPOSED USE:
Expansion of Country General Store
REVIEW EVALUATIONS:
Virginia Department of Transportation:
Please see attached email from Timothy Rhodes,
VDOT-Land Development Engineer dated July 20, 2016. Please see email from John Bishop,
Frederick County Assistant Director Transportation dated August 8, 2016.
Frederick County Inspections:
Building shall comply with The Virginia Uniform Statewide
Building Code and Section 309, use group M (Mercantile) and Section 302, use group B
(Business) of the International Building Code/2012. Other code that applies are ICC/ ANSI
A117.1-2009 Accessible and Usable Buildings and Facilities, National Fire Protection Agency
30 and International Fire Code 2012.
Demolition permit is required to remove existing structure. Asbestos inspection is required for
buildings built prior to 1985.
Addition to an existing M-Merchantile Building shall meet height and area per T503 with
allowable increases. Building plans submitted for permitting for proposed canopy shall be
designed by a registered design professional licensed in the state of Virginia.
Page 3
CUP #08-16, Crossroad Grocery
September 2, 2016
Installation of gas fueling equipment and fuel storage tanks shall be in accordance with the
International Fire Code 2
fueling station. Underground and/or above ground tanks shall meet distance requirements for the
size as applicable in NFPA 30 and IFC 2012.
Handicap parking shall comply with ANSI A117-09. A minimum of two accessible parking and
unloading space are required. One van accessible space is required per 1106.5 IBC 09. Van
width per Section 502 ANSI. Maximum 2% slope required for
parking and unloading. Please provide elevations at the four corners of the parking area and four
corners of the unloading area to main entrance of facility.
Additional comments may be requires upon site plan submittal.
Please note the requirements in Chapter 17 of USBC/IBC for special inspection requirements on
the type of structure (Soils, Concrete etc.) Compaction/soil bearing/soil testing shall be required
for placement of new store.
Winchester-Frederick County Health Department:
The Frederick County Health Department
has no objection to the request so long as water use is not increased.
Frederick County Fire Marshall:
Plans approved.
Planning and Zoning:
A Country General Store is a permitted use in the Rural Areas (RA)
Zoning District with an approved Conditional Use Permit (CUP). The Crossroads Grocery
provides general grocery and beverage merchandise, fuel sales, and small prepared food service
area without seating. This Country General Store has been operating for more than fifty (50)
years, and research of County records revealed that a CUP had never been approved for the
existing Country General Store. Therefore, this use was established prior to this requirement; and
is considered to be a legally non-conforming use. This increase in the level of non-conformity
may be accomplished through the approval of a CUP.
The CUP enables the County to place restrictions/conditions on a use when a use is considered
appropriate in an effort to mitigate proposed impacts.
size of this use by adding a 1,500 sq. ft. addition to the store and 3,000 sq. ft. fueling canopy and
fuel area. The 1,500 sq. ft. addition to the store will allow for additional merchandise sales and
storage, as well as the ability to expand the existing restroom facility; to provide for a handicap
accessible unisex restroom. Store hours shall be 5:00 a.m. to 10:00 p.m. Monday-Sunday. The
additional fuel area will add eight (8) additional fueling stations providing gasoline and diesel
fuel sales. Fueling hours shall be the same as the store hours. Only takeout food preparations
will be allowed, and outdoor display of goods will not be permitted with this use.
Any new signage will be limited to one (1) freestanding monument sign; not to exceed fifty (50)
Page 4
CUP #08-16, Crossroad Grocery
September 2, 2016
square feet in area, and ten (ten) feet in height. An engineered site plan shall be submitted to and
approved by Frederick County, and the site improved accordingly, prior to operating store
activities on site. The project site will adhere to commercial parking and landscaping standards.
The site plan shall be in conformance with all requirements of the CUP and Frederick County
Zoning Ordinance.
The 2030 Comprehensive Policy Plan of Frederick County
guidance when considering land use actions. The location of this proposed country general store
is not in an area where a small area land use study has been adopted by the County.
Nevertheless, the proposed country general store is consistent with the goals of the
Comprehensive Plan. Specifically, land use goals for the rural areas of the County identify the
importance of maintaining a rural character in areas outside of the Urban Development Area
(UDA).
STAFF CONCLUSION FOR THE 08/17/16 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staffwould recommend the
following conditions:
1.All review agency comments and requirements shall be complied with at all times.
2.An engineered site plan shall be submitted to, and approved by Frederick County, and
site improved accordingly, prior to operating store activities on site. The project site will
adhere to commercial parking and landscaping standards.
3.One (1) monument sign shall be allowed on the property; sign shall be limited to fifty
(50) square feet in area. The sign shall not exceed ten (10) feet in height.
4.Store and fuel sales hours of operation shall be between 5:00 a.m. to 10:00 p.m. Monday
Sunday.
5.No outdoor display of goods will be permitted.
6.Fueling of commercial over the road trucks (tractor trailer) will not be permitted.
7.Any expansion or change of use will require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/17/16 MEETING:
Staff reported the proposed use is an expansion of an existing Country General Store. Staff
continued the adjoining properties to the north, south, east, and west are zoned RA (Rural Areas)
and the uses are Residential/Commercial. Staff presented a locations map of the property. It was
explained a Country General Store is a permitted use in the RA (Rural Areas) District with an
Page 5
CUP #08-16, Crossroad Grocery
September 2, 2016
approved CUP (Conditional Use Permit). Staff continued the Crossroads Grocery provides
general grocery, beverage merchandise, fuel sales, and a small prepared food service area
without seating. Staff reported this County General Store has been in operation for more than
fifty (50) years, and research of County records revealed that a CUP had never been approved for
the existing Country General Store. Staff explained the use was established prior to this
requirement; and is considered to be a legally non-
-conformity may be accomplished
through the approval of a CUP.
Staff reported the CUP enables the County to place restrictions/conditions on a use when a use is
considered appropriate in an effort to mitigate proposed impacts. He explained it is the
ize of this use by adding a 1,500 sq. ft. addition to the store and
a 3,000 sq. ft. fueling canopy and fuel area. Staff noted the addition to the store will allow for
additional merchandise sales and storage, as well as the ability to expand the existing restroom
facility to provide for a handicap accessible unisex restroom. Staff presented an illustrative
sketch plan that was provided by the Applicant for the proposed addition. Staff reviewed the
following conditions recommended for the CUP:
1.All review agency comments and requirements shall be complied with at all times.
2.An engineered site plan shall be submitted to and approved by Frederick County, and the
site improved accordingly prior to operating store activities on site. The project site will
adhere to commercial parking and landscaping standards.
3.One (1) monument sign shall be allowed on the property; sign shall be limited to fifty
(50) square feet in area. The sign shall not exceed ten (10) feet in height.
4.Store and fuel sales hours of operation shall be between 5:00 a.m. to 11:00 p.m. and
Monday Sunday. Gas canopy lighting shall only be permitted to occur during store
hours of operation.
5.No outdoor display of goods will be permitted.
6.Fueling of commercial over the road trucks (tractor trailer) will not be permitted.
7.Any expansion or change of use will require a new CUP.
A Commission Member inquired has the Applicant agreed to comply with the concerns raised by
VDOT. Staff elaborated there were two (2) comments, one from VDOT and one from Mr. John
Bishop. Staff noted these comments will be addressed with the site plan the Applicant must
submit.
Page 6
CUP #08-16, Crossroad Grocery
September 2, 2016
A Commission Member asked for clarification; the sketch plan is not being approved. Staff
noted that is correct, a site plan will be submitted for approval.
Mr. Evan Wyatt of Greenway Engineering representing the Applicant came forward. He
reported basically the Applicant is proposing a simple expansion, however they cannot do just
the structure; they must do the site as well. Mr. Wyatt presented an illustrative sketch plan of the
property highlighting the entrances. He noted the entrances are being relocated for safety
reasons further away from the intersection. In regards to questions raised pertaining to traffic;
Mr. Wyatt explained if this CUP is approved the Applicant will have to prepare a site plan and
VDOT will have to process and approve an Access Management Exception Request. In reference
to the Staff report, Mr. Wyatt confirmed the Applicant is satisfied with the conditions set forth
with possibly more specificity. He highlighted two (2) conditions recommended by Staff that the
operation shall be 5:00 a.m. to 11:00 p.m. Monday Sunday; gas canopy lighting shall only be
and automobiles shall be permitted, final site development shall not allow for tractor trailer
parking and diesel speed pump install
A Commission Member raised concern of safety if the lighting is turned off at the gas pumps and
they remain off through the night. Mr. Wyatt elaborated Crossroads Grocery has historically not
left the outside lighting on. He continued the motive of the Applicant is not to attract a lot of late
night business however there are individuals in the community that the pumps remaining on
would benefit. A Commission Member requested clarification that the gas pumps would be on
24 hours a day and this will not be advertised. Mr. Wyatt confirmed that is correct.
Commission Member inquired if the store would remain operational during the
construction/renovation process. The Applicant explained it is his intent to remain as operational
as possible. He continued, the construction would start in the rear of the property and move
forward to the store. The Commission Member asked if the 1,500 sq. ft. addition will be solely
for merchandise. The Applicant responded that is correct; there will not be any sit down food
service. He noted it may not go the full 1,500 sq. ft. however he wanted to make sure he allotted
for enough room. He feels once diesel fuel is brought in this will increase business on the
agricultural side of the community and he has no intention of catering to the truck stop world.
The Public Hearing was opened and a citizen came forward to speak. She explained she is
concerned with: proper regulation of the septic system; the entrances in and out are and will
continue to be dangerous in her opinion. Another citizen came forward and inquired how the
first entrance will be marked in the future. The Public Hearing was closed.
Page 7
CUP #08-16, Crossroad Grocery
September 2, 2016
Mr. Wyatt explained regarding the concern for the septic system. He noted the system is and
will be monitored and regulated by the Virginia Health Department. Mr. Wyatt continued and
addressed the traffic concerns. He explained VDOT is not anticipating prohibiting access off of
Route 654 however they have made it clear an Access Management Exception Request process
will be completed in order to permit new entrances and to modify existing entrances. He
concluded regarding the configuration of the right in right out and how it would be marked;
typically if VDOT approves a right in right out entrance they require it be developed with a
raised type median with a rolled curb and not just an open entrance with a sign.
Commission Members agreed with the assistance of an engineering firm and the Planning Staff
they feel these issues will be mitigated and it will satisfy all parties involved.
A motion was made, seconded, and unanimously passed to recommend approval of CUP #08-16
for Crossroads Grocery with changes to Condition #4 and Condition #6.
Absent: Thomas
CONCLUSION FOR THE 09/14/16 BOARD OF SUPERVISORS MEETING:
This is a request for a Conditional Use Permit (CUP) for a Country General Store with Fuel
Sales. Should the Board of Supervisors find this application for a Country General Store with
Fuel Sales 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 engineered site plan shall be submitted to, and approved by Frederick County, and site
improved accordingly, prior to operating store activities on site. The project site will adhere
to commercial parking and landscaping standards.
3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty (50)
square feet in area. The sign shall not exceed ten (10) feet in height.
4. Store and fuel sales hours of operation shall be 5:00 a.m. to 11:00 p.m. Monday-Sunday. Gas
canopy lighting shall only be permitted to occur during store hours of operation.
5. No outdoor display of goods will be permitted.
6. Fueling of commercial over the road trucks (tractor trailer) will not be permitted. Fueling for
delivery trucks, automobiles, and farm vehicles shall be permitted. Final site development
shall not allow for tractor trailer parking and diesel speed pump installation.
7. Any expansion or change of use will require a new Conditional Use Permit.
Page 8
CUP #08-16, Crossroad Grocery
September 2, 2016
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.
169
CEDAR
CUP # 08 - 16
GROVE RD
147
CEDAR
145
GROVE RD
Crossroad Grocery
3044
CEDAR
143
N FREDERICK
GROVE RD
CEDAR
PIKE
PINs:
GROVE RD
157
CEDAR
42 - A - 307, 42 - A - 309A
152
GROVE RD
CEDAR
Addition
ST
GROVE RD
654
01
522
3018
N FREDERICK
PIKE
139
CEDAR
146
GROVE RD
CEDAR
GROVE RD
CUP #08-16
42 A
309A
136
CEDAR
GROVE RD
3017
CUP #08-16
N FREDERICK
PIKE
42 A 307
3005
N FREDERICK
PIKE
104
CEDAR
GROVE RD
2993
N FREDERICK
PIKE
01
2968
N FREDERICK
522
118
PIKE
MARPLE RD
Note:
CUP # 08 - 16
Frederick County Dept of
Crossroad Grocery
Planning & Development
I
107 N Kent St
PINs:
Suite 202
42 - A - 307, 42 - A - 309A
Winchester, VA 22601
Addition
540 - 665 - 5651
Applications
Map Created: July 27, 2016
Parcels
Staff: mcheran
Building Footprints
050100200Feet
Crossroads Grocery Country General Store & Fuel Expansion Project
Summary
Crossroads Grocery is a long-time established Country General Store that has served residents of
the County for more than 50 years. Cross Roads Grocery is located at the northwest intersection
of North Frederick Pike (US Route 522 North) and Cedar Grove Road (Route 654) in the
Gainesboro Magisterial District. The Country General Store currently provides general grocery
and beverage merchandise, fuel sales and a small prepared food service area without seating to
residents of the County and serves as a landmark in the Nain community.
Crossroads Grocery has engaged Greenway Engineering to assist in the development of a
Conditional Use Permit Application to allow for the future expansion on the facility. The property
owners desire to expand the existing Country General Store to provide for a building addition that
is approximately 1,500 square feet in gross floor area. The proposed building addition will be
located to the rear of the existing structure and will allow for additional merchandise sales and
storage area, as well as the ability to expand the existing restroom facility to provide for a unisex
restroom that is handicap accessible. Additionally, the property owners desire to incorporate a
new fuel service area and canopy located behind the Country General Store that will include eight
new fueling stations providing gasoline and diesel fuel sales.
Greenway Engineering has worked with the property owners to prepare a conceptual layout plan
for the proposed improvements described above. The plan entitled Crossroads Grocery Expansion
Layout Exhibit dated 6-29-15, identifies the existing and proposed site conditions that would be
applicable to Tax Map Parcels 42-A-307 and 42-A-309A through an approved Conditional Use
Permit. The information below is relevant to this project and is intended to assist the review
agencies with their consideration of comments for the Conditional Use Permit.
Transportation Improvements
The future site improvements will provide for a new right-in/right-out entrance on North
The property
owner will provide turn lane arrows on the existing pavement between the signalized
intersection and the new entrance to incorporate a right-turn lane into the new entrance.
The future site improvements will provide for the closure of the existing right-in/right-out
intersection.
The future site improvements will provide for a new commercial entrance on Cedar Grove
needed for fuel delivery and for improved customer access to the project site. The new
entrance will need to be located close to the northern property boundary to allow for safe
sight-distance for traffic traveling south on Cedar Grove Road.
Crossroads Grocery CUP 1 June 1, 2016
If the property owners need to process an Access Management Exception Request with
VDOT to obtain approvals for the proposed entrances, this will be accomplished during
the Site Plan process.
Site Improvements
The future site improvements will include removal of the existing residential structure
located on the property. This will be accomplished prior to the issuance of a Certificate of
occupancy Permit for the proposed improvements.
The future improvements will include new parking lot areas that will allow for sufficient
parking spaces, handicap spaces, travel aisles and maneuvering areas to effectively
accommodate vehicular access throughout the site.
The future site improvements will not impact the existing drain field area and a drain field
buffer area will be established on the Site Plan that complies with Health Department
standards.
Structural Improvements
The future structural improvements will allow for the replacement of the existing unisex
bathroom with a new unisex bathroom that is handicap accessible.
The future structural improvements will include additional space for merchandise and
storage, but will not include seating areas for prepared food service.
Health Department Matters
The future improvements will not increase impacts to the existing septic system and well
system. There will not be an increase in restroom or food preparation facilities above what
is currently permitted by the Health Department.
The future improvements will not impact the existing drain field area. The Site Plan that
will be prepared for the proposed improvements will include a drain field buffer area.
Crossroads Grocery CUP 2 June 1, 2016