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HomeMy WebLinkAbout08-16 BOS Staff ReportCONDITIONAL 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 informa tion 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. 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. 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 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 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 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 (“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 CONCLUSION 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. 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-conforming use or in layman’s terms “grandfathered”. He noted the increase in the level of 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 Applicant’s desire to expand the size 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 M r. 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 Applicant would like to have adjusted to state: Condition #4, to read “Store sale 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” and Condition #6 “Fueling for delivery trucks and automobiles shall be permitted, final site development shall not allow for tractor trailer parking and diesel speed pump installation”. 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 moti ve 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. A Commission Member asked what the “DF” on the plans stands for. Mr. Wyatt explained that is for “drain field” and there is a 20 ft. buffer around that to make sure it is protected. A 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 continue d 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.