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HomeMy WebLinkAbout08-16 PC Staff ReportCONDITIONAL USE PERMIT #08-16 CROSSROAD GROCERY Staff Report for the Planning Commission Prepared: August 9, 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 Pending Board of Supervisors: 09/14/16 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a Country General Store with Fuel Sales. Should the Planning Commission 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 10:00 p.m. Monday- Sunday. 5. No outdoor display of goods will be permitted. 6. Fueling of commercial over the road tucks (tractor trailer) will not be permitted. 7. Any expansion or change of use will 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. Page 2 CUP #08-16, Crossroad Grocery August 9, 2016 LOCATION: This property is located at the intersection of North Frederick Pike (Route 522 North) and Cedar Grove Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 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 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 apply 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 August 9, 2016 Installation of gas fueling equipment and fuel storage tanks shall be in accordance with the International Fire Code 2009 & NPFA 30. Emergency fuel shut off is required within 100’ of the 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 accessible parking shall have a minimum of 11’ width with 5’ unloading area or a minimum of 8’ unloading area with an 8’ 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. It is the Applicant’s desire to expand the 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 same as the store hours. Only takeout food preparations will be allowed, and outdoor display of goods will not be permitted with this use. Page 4 CUP #08-16, Crossroad Grocery August 9, 2016 Any new signage will be limited to one (1) freestanding monument sign; not to exceed fifty (50) 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 (“Comprehensive Plan”) provides 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 CONCLUSIONS FOR THE 08/17/16 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would 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. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.