HomeMy WebLinkAbout01-12 PC Staff ReportCONDITIONAL USE PERMIT #01-12;
gw41c� ` COL�� LANA JOHNSON
w s Staff Report for the Planning Commission
Prepared: March, 2012
„bJA 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: 03/21/12 Pending
Board of Supervisors: 04/11/12 Pending
EXECUTIVE SUMMARY:
This is a request a Restaurant Use.
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments shall be complied with at all times.
2. Maximum height of freestanding sign shall be six feet.
3. Maximum size of a freestanding sign shall be 25 square feet.
4. No internally illuminated signs shall be allowed outside of the building.
5. Maximum size of a building -mounted sign shall be ten square feet.
6. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 15
feet from the property line.
7. No more than 26 seats allowed for this restaurant use.
8. Parking shall only be permitted behind the structure.
9. Any expansion or change of use shall require a new Conditional Use Permit.
Following the requisite 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 #01-12, Lana Johnson
March, 2012
LOCATION: This proper is Iocated at 4323 Hort h Frederick Pike,
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30-A-118
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use:
ADJOINING PROPERTY ZONING & USE:
North:
Land Use:
South:
Land Use:
East:
Land Use:
West:
Land Use:
PROPOSED USE: This application is for a Restaurant Use.
REVIEW EVALUATIONS:
Virzinia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 522 North, the VDOT facility which
would provide access to the property. Prior to operation of the business, the existing commercial
entrance must be upgraded to VDOT standards to allow for safe egress and ingress of the
property. Any work performed on the State's right-of-way must be covered under a land use
permit. The permit is issued by this office and requires an inspection fee and surety bond
coverage.
Frederick County Fire and Rescue: CUP approved.
Frederick County Fire Marshall: CUP approved.
Frederick County Inspections: Buildings shall comply with The Virginia Uniform Statewide
Building Code, 2009 International Existing Building Code and Section 304 — B, Business Use
Group of the International Building Code/2009. Other Code that applies is ICC/ANSI A117.1-
03 Accessible and Usable Buildings and Facilities. Use of existing B -Business Use Group
facility as restaurant with occupants <50 is use of same Use Group. No Change of Use. A
remodel permit will be required for interior renovations. Asbestos Inspection is required due to
age of facility. Electrical, Mechanical and Plumbing permits may be required. Question on
electrical panel required work area & hood suppression/coverage. Health Department Approval
Page 3
CUP #01-12, Lana Johnson
March, 2012
is required before building permit would be released. Question on grease trap
location/requirement. Mechanical venting per IMC if deemed required for smoking area within
restaurant. Maintain emergency lighting and exit signage. 20% ANSI accessible rule applied to
the cost of renovations. Question on landing at door entrance and accessible ramp access. Two
restrooms are provided. Addition ANSI unisex may be required under the 20% rule — See
Section 605.2 International Existing Building Code. Please submit floor plan at time of
application for building permit application. Plan should indicate materials used in constructing
any partitions (ie. 2x4 W24" oc.). Elevation shall be provided for checkout -order counter. A
new Certificate of Occupancy shall be issued prior to occupancy.
Frederick County Department of Public Works:
Frederick County Sanitation Authority:
Frederick -Winchester Health Department: Health Department cannot approve the request as
septic records for the property could not be found.
Planning and Zoning: The Frederick County Zoning Ordinance allows for restaurant use in
the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP).
The Frederick County Zoning Ordinance allows for restaurant use in the RA (Rural Areas)
Zoning District. The 2007 Comprehensive Policy Plan of Frederick County and future
comprehensive plans provide guidance when considering any land use actions. This property is
located within the UDA that identifies this area of the County for high density planed growth. It
appears that this CUP meets the intent of the goals of the 2007 Comprehensive Policy Plan of
Frederick County.
STAFF CONCLUSIONS FOR THE 03/21/12 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments shall be complied with at all times.
2. Maximum height of freestanding sign shall be six feet.
3. Maximum size of a freestanding sign shall be 25 square feet.
4. No internally illuminated signs shall be allowed outside of the building.
Page 4
CUP #01-12, Lana Johnson
March, 2012
5. Maximum size of a building -mounted sign shall be ten square feet.
6. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of
15 feet from the property line.
7. No more than 26 seats allowed for this restaurant use.
8. Parking shall only be permitted behind the structure.
9. Any expansion or change of use shall require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.