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HomeMy WebLinkAbout12-16 PC Staff ReportCONDITIONAL USE PERMIT #12-16 Off-Premise Farm Market (Alma Carter & Ronald Carter) Staff Report for the Planning Commission Prepared: October 7, 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 Pending Board of Supervisors: 11/09/16 Pending EXECUTIVE SUMMARY: 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 Planning Commission find this application for an off-premise farm market to be appropriate, Staff 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, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #12-16, Alma Carter and Ronald Carter (Off-Premise Farm Market) October 7, 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 A117.1-09. Lever type hardware shall be provided on all doors along the accessible route and Page 3 CUP #12-16, Alma Carter and Ronald Carter (Off-Premise Farm Market) October 7, 2016 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 exists 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 re tail 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 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. 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 7, 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. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.