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HomeMy WebLinkAbout12-16 BOS Staff ReportCONDITIONAL USE PERMIT #12-16 Off-Premise Farm Market (Alma Carter & Ronald Carter) Staff Report for the Board of Supervisors Prepared: October 28, 2016 Staff Contact: Mark R. 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: 10/19/16 Public Hearing Held: Recommended Approval Board of Supervisors: 11/09/16 Pending EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 11/09/16 BOARD OF SUPERVISORS MEETING: This is a request for an off-premise farm market in the RA (Rural Areas) Zoning District for the sale of fresh fruits, vegetables, other food and related items. Should the Board of Supervisors find this application for an off-premise farm market to be appropriate, The Planning Commission recommends that the following conditions be attached to the Conditional Use Permit (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 establishment of the use. 3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by the Winchester-Frederick County Health Department for the well and sewage disposal system to be utilized for this property. 4. One, non-illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week. 6. 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 #12-16, Alma Carter and Ronald Carter (Off-Premise Farm Market) October 28, 2016 LOCATION: This property is located at 131 Gainesboro Road, Winchester, Virginia; immediately south of Route 522 (North Frederick Pike) MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 29-A-63 PROPERTY ZONING & PRESENT USE: Zoned: Rural Areas (RA) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential/Vacant South: RA (Rural Areas) Use: Residential/Vacant East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: Off-Premise Farm Market REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 684, the VDOT facility which would provide access to the property. The existing entrance is adequate for the proposed use. However, should use ever expand in the future or customer volumes exceed the minimum threshold of a commercial entrance, improvements would be required. Frederick County Inspections: Change of use for the existing Agricultural Building M, Mercantile Use-Market. Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code, Section 306 – M, Mercantile Use Group of the International Building Code/2012. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities and 2012 Virginia Energy Code. A change of use permit is required for existing building. Please submit a detail ed floor plan with your permit. An accessible route shall be provided to the main entrance from the accessible parking and unloading area. Van accessible parking and unloading are provided. Max slope for parking and unloading area is 2%. Maximum slope for walkway to main entrance is 5%. Van accessible signage shall be provided per USBC Section 1106.8. Threshold shall meet ANSI Page 3 CUP #12-16, Alma Carter and Ronald Carter (Off-Premise Farm Market) October 28, 2016 A117.1-09. Lever type hardware shall be provided on all doors along the accessible route and business areas. A public restroom is required to be provided. The quantity of restroom provided shall be in accordance with T2901 for the use group. An accessible route shall be provided to the restroom. 20% ANSI A117-01-09 rule applies. All required exits shall meet accessibility with slopes, grades, and access. Winchester-Frederick County Health Department: The Frederick County Health Department has no objection as long as this office receives an OSE packet for approval of the well and sewage disposal system to be utilized for this property. Frederick County Fire Marshall: Plans approved. Permit approved provided that at least 1 5 lb. multi-purpose ABC fire extinguisher and at least 1 working smoke detector be installed in the barn. Planning and Zoning: Off-premise farm markets are permitted in the RA (Rural Areas) Zoning District through an approved Conditional Use Permit (CUP). Farm markets allow for the retail sale of fresh fruits and vegetables, other food and related items, horticultural products and livestock in a space that may be indoor or outdoor. The Applicant proposes the use of an existing barn on the property (which also includes a farm house and outbuildings) for the farm market facility. The ultimate configuration of the site, including customer/employee parking and a business sign will be determined at time of submission of an illustrative sketch plan. The Applicant proposes up to 10 employee’s to staff the farm market; however Staff notes th at the number of employee’s permitted on site will ultimately be determined by the type of well and sewage disposal system approved by the Winchester-Frederick County Health Department. Additionally, the Applicant proposes being open seven (7) days a week, from 8 a.m. to 9 p.m. with seasonal variation. Any new signage will be limited to one (1) freestanding monument sign; not to exceed fifty (50) square feet in area, and five (5) feet in height. The 2030 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering land use actions. The location of this proposed off-premise farm market is not in an area where a small area land use study has been adopted by the County. Nevertheless, the proposed use 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). A mix of agricultural, commercial and residential uses is envisioned. Page 4 CUP #12-16, Alma Carter and Ronald Carter (Off-Premise Farm Market) October 28, 2016 STAFF CONCLUSIONS FOR THE 10/19/16 PLANNING COMMISSION MEETING: Should the Planning Commission find this application for an off-premise farm market to be appropriate, staff recommends that the following conditions bet 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 establishment of the use. 3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by the Winchester-Frederick County Health Department for the well and sewage disposal system to be utilized for this property. 4. One, non-illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week. 6. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/19/16 MEETING: Staff reported this property is currently zoned RA (Rural Areas), the use is Residential; the surrounding properties are also zoned RA, and those land uses are Residential and Vacant. Staff presented a location map of the property and continued the Frederick County Zoning Ordinance allows for an off-premise farm market in the RA Zoning District through an approved Conditional Use Permit (CUP). Staff explained the difference between a regular farm market and an off-premise; the off-premise will not be growing produce at this location at this time. Staff reported farm markets allow for the retail sale of fresh fruits, vegetables, other foods, related items, horticultural products, and livestock in a space that may be indoor or outdoor. It was noted by Staff that the Applicant proposed to use the existing barn on the property (which also includes a farm house and outbuildings) for the farm market facility. Staff reported the ultimate configuration of the site, including parking and a business sign will be determined by an illustrative sketch plan. Staff continued, the Applicant proposed up to ten (10) employee’s to staff the farm market; however, Staff notes that the number of employee’s permitted on site will ultimately be determined by the type of well and sewage disposal system approved by the Winchester-Frederick County Health Department. It was noted by Staff any new signage will be limited to one (1) freestanding monument sign; not to exceed fifty (50) square feet in area, and five (5) feet in height. Staff presented the conditions recommended: Page 5 CUP #12-16, Alma Carter and Ronald Carter (Off-Premise Farm Market) October 28, 2016 1. All review agency comments 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 establishment of the use. 3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by the Winchester-Frederick County Health Department for the well and sewage disposal system to be utilized for this property. 4. One, non-illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week. 6. Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member inquired if this were recommended for approval, approved by the Board of Supervisors and the land does not perk for a drainfield; does that mean the Applicant would have the CUP lingering even though they cannot utilize it. Staff noted that is correct The Applicant came forward and explained they are seeking to add a positive addition to the community. She continued they would like to accommodate the area schools such as field trips. It was noted by the Applicant they have an additional 7.5 acres at this site with hopes of growing their own produce. A Commission Member stated he has visited the site; initially he was concerned with the entrance, however the illustrative sketch plan addresses this concern. He feels this will be a good fit for the area. Commission Members discussed the possibility of putting a time limit on the CUP in case the property does not meet the requirements set forth by the Health Department. A Commission Member noted typically a drainfield is already associated with a project, however in this case they have not done that yet and his concern would be a CUP lingering if requirements are not met. A Commission Member expressed he does not feel this would be a burden if the CUP is issued and they cannot use it. A motion was made, seconded, and unanimously passed to recommend approval of CUP #12-16 for Alma and Ronald Carter. Absent: None Page 6 CUP #12-16, Alma Carter and Ronald Carter (Off-Premise Farm Market) October 28, 2016 EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 10/26/16 BOARD OF SUPERVISORS MEETING: This is a request for an off-premise farm market in the RA (Rural Areas) Zoning District for the sale of fresh fruits, vegetables, other food and related items. Should the Board of Supervisors find this application for an off-premise farm market to be appropriate, The Planning Commissioner recommends that the following conditions be attached to the Conditional Use Permit (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 establishment of the use. 3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by the Winchester-Frederick County Health Department for the well and sewage disposal system to be utilized for this property. 4. One, non-illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week. 6. 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.