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Home My WebLink About07-11 BOS Staff ReportCONDITIONAL USE PERMIT #07-11 STARLITE COMPANIES LLC D/B/A HOMESPUN Staff Report for the Board of Supervisors Prepared: July 19, 2011 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: 07/06/11 Recommended approval Board of Supervisors: 07/27/11 Pending EXECUTIVE SUMMARY: This is a request to expand on existing Country Store (CUP #15-01) to enable a restaurant. The Planning Commission forwarded a recommendation of approval for this application to the Board of Supervisors with the following conditions: 1. All review agency comments shall be complied with at all times. 2. An engineered minor site plan shall be required for the future accessory structure. 3. Maximum height of freestanding sign shall be six feet. 4. Maximum size of a freestanding sign shall be 25 square feet. 5. No internally illuminated signs shall be allowed outside of the building. 6. Maximum size of a building-mounted sign shall be ten square feet. 7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 15 feet from the property line. 8. No more than 26 seats allowed for this restaurant use. 9. Parking shall only be permitted behind the structure. 10. No petroleum or fuel sales shall be allowed. 11. 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 #07-11, Starlite Companies LLC D/B/A Homespun July 20, 2011 LOCATION: This property is located at 949 Cedar Creek Grade. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 63-A-2H PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Country Store ADJOINING PROPERTY ZONING & USE: North: R-4 (Residential Planned Community) Land Use: Vacant South: RP (Residential Performance) Land Use: Vacant East: City of Winchester Land Use: Residential West: RP (Residential Performance) Land Use: Vacant PROPOSED USE: This application is for a Country Store with Restaurant. REVIEW EVALUATIONS: Virginia Department of Transportation: The existing entrance is adequate for the proposed use. Frederick County Fire Marshall: Plan approval recommended. Frederick County Inspections: Building shall comply with The Virginia Uniform Statewide Building Code and Section 304, use group B (Business) of the International Building Code. Other Code that applies is ICC/ANSI A117.1-03 Usable and Accessible Buildings and Facilities. Accessible restroom shall be provided within employees work area. All required egress doors shall be accessible and 50% of the entrances. Frederick County Department of Public Works: No comments at this time. Frederick County Sanitation Authority: We do not serve this area. Frederick-Winchester Health Department: As mentioned in our previous meeting, if the conditional use is issued, please apply for the health permit and plan review for the added food service. The Health Department has no objections to the change of use and will continue to work with the owner/operator to obtain a health permit with minor additional to the facility (mostly sinks & lighting). Page 3 CUP #07-11, Starlite Companies LLC D/B/A Homespun July 20, 2011 Winchester Regional Airport: Since the Conditional Use Permit does not appear to have any impact on the operations of the Winchester Regional Airport, we have no objections or comments regarding this request. City of Winchester: No comments. Planning and Zoning: This property was approved for a country general store in 2001 via CUP #15-01. The country store is operating within a two-story, eight-room, 2,448 square foot stone and log structure. One of the conditions assigned to CUP #15-01 was the prohibition of the sale of petroleum products, as well as restaurant or deli operations. The applicant is requesting to expand this country store to allow a 26-seat restaurant and a photo gallery. The photo gallery will initially be located on the 2nd floor of the structure, and will ultimately be relocated to an accessory structure in the future. The applicants stated their desire to maintain the historic integrity of the structure and property. The Frederick County Zoning Ordinance allows for country general stores 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 07/06/11 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. An engineered minor site plan shall be required for the future accessory structure. 3. Maximum height of freestanding sign shall be six feet. 4. Maximum size of a freestanding sign shall be 25 square feet. 5. No internally illuminated signs shall be allowed outside of the building. 6. Maximum size of a building-mounted sign shall be ten square feet. 7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 15 feet from the property line. Page 4 CUP #07-11, Starlite Companies LLC D/B/A Homespun July 20, 2011 8. No more than 26 seats allowed for this restaurant use. 9. Parking shall only be permitted behind the structure. 10. No petroleum or fuel sales shall be allowed. 11. Any expansion or change of use shall require a new Conditional Use Permit. 12. Approval of this CUP will void CUP# 15-01. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/06/11 MEETING: One of the co-applicants/owners specified that they are actually seeking to operate a tea room; there will be no bar or restaurant. In answer to a Commissioner’s question on whether the 26 seats allowed for the use was satisfactory, the applicant replied that it was. The applicant said the seating was a result of the maximum number of available parking spaces and they did not envision having more customers at any given time. The applicant was satisfied with all of the proposed conditions of the permit. A Commissioner asked if the retail portion of the previous use would continue and the applicant replied they intend to continue to offer the ability of those local crafters and artisans the ability to consign their goods. Commission members supported the proposed use, although there was a safety concern raised about whether there was adequate site distance available. There were no citizen comments. The Planning Commission unanimously recommended approval with the following conditions: 1. All review agency comments shall be complied with at all times. 2. An engineered minor site plan shall be required for the future accessory structure. 3. Maximum height of a freestanding sign shall be six feet. 4. Maximum size of a freestanding sign shall be 25 square feet. 5. No internally illuminated signs shall be allowed outside of the building. 6. Maximum size of a building-mounted sign shall be ten square feet. 7. Dumpsters shall be completely enclosed ay an opaque fence with a minimum setback of 15 feet from the property line. 8. No more than 26 seats shall be allowed for this restaurant use. Page 5 CUP #07-11, Starlite Companies LLC D/B/A Homespun July 20, 2011 9. Parking shall only be permitted behind the structure. 10. No petroleum sales shall be allowed. 11. Any expansion or change of use shall require a new conditional use permit. (Note: Commissioner Crockett was absent from the meeting.)