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HomeMy WebLinkAbout03-11 BOS Staff ReportCONDITIONAL USE PERMIT #03-11 SHENANDOAH VALLEY FLEA MARKET Staff Report for the Board of Supervisors Prepared: April 28, 2011 Staff Contact: Mark R. Cheran, Zoning and Subdivision 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: 04/20/11 Recommended approval Board of Supervisors: 05/11/11 Pending EXECUTIVE SUMMARY: This is a request for an Outdoor Flea Market. The Planning Commission forwarded a recommendation of approval for this application with one change to the following conditions; elimination of Condition #2, which is shown below as crossed out: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant shall apply for and install an approved septic system within one (1) year of the approval date of this Conditional Use Permit. 3. An engineered site plan shall be submitted to and approved by Frederick County, and all site plan improvements shall be implemented prior to operating the flea market. 4. Days of operations shall be limited to Friday through Sunday and holidays. 5. The use shall only have a single entrance onto a public road; that single entrance shall be onto Fairfax Pike (State Route 277). 6. No signage will be allowed on this site for this use. 7. 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 #03-11, Shenandoah Valley Flea Market April 28, 2011 LOCATION: This property is located at 3700 Front Royal Pike (Double Tollgate). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 87-3-B and 87-3-B1 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Landscaping business South: RA (Rural Areas) Land Use: Residential East: State Highway Land Use: Rt. 522 Clarke County, Virginia Flea Market West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for an Outdoor Flea Market. REVIEW EVALUATIONS: Virginia Department of Transportation: The request for a Conditional Use Permit for this property appears to have a measurable impact on weekends on Route 277, the VDOT facility which would provide access to the property. The existing entrance will be required to be upgraded to meet current standards. Prior to any work being performed on the State’s right-of- way, a land use permit will need to be applied for and issued to cover said work. The permit is issued by this office and requires a fee and surety bond coverage. Frederick County Fire Marshall: Plans approved as submitted. Frederick County Inspections: Retail Stores shall comply with The Virginia Uniform Statewide Building Code and use group M (Mercantile) of the International Building Code/2006. Other Code that applies is ICC/ANSA A 117.1-2006 Accessible and Usable Buildings and Facilities. Note: the following section of the VUSBC that allows agreements between localities for code enforcement of structures that are located in both localities. 106.2 Delegation of Authority. The building official may delegate powers and duties except where such authority is limited by the local government. When such delegations are made, the building official shall be responsible for assuring that they are carried out in accordance with the provisions of this Code. Accessible parking and route to the building shall comply with ICC/ANSI A 117.1-2006. Please Page 3 CUP #03-11, Shenandoah Valley Flea Market April 28, 2011 note that the maximum slope across the parking and unloading area shall not exceed 1” in 48”. All required egress doors shall be accessible to a minimum area of rescue on the exterior landing (Section 1007.8 IBC). Door locations are not shown on the plan at this time. Restrooms shall be provided on site with the International Plumbing Code 2006. Structural Plans submitted for permit application may require a seal by a licensed Virginia design professional. Note: This type structure shall require special inspection under Chapter 17 IBC (soils, concrete, bolts, etc.). Frederick County Department of Public Works: We will need a complete erosion and sediment control plan and statement management plan prepared for this site during the site plan review portion of this approval process. Frederick County Sanitation Authority: We do not serve this site. Frederick-Winchester Health Department: Permanent bathroom facilities for the public may be required. The Health Department cannot permit portable toilets for a means of permanent sewage disposal on this property. The Health Department recommends that the applicant apply and install an approved septic system within one (1) year. (Amended 11 March 2011) The existing well monitored by the VDH office (Clarke County) of drinking water may be used to support the Frederick County side. As long as proper easements and recordation is completed as appropriate. Planning and Zoning: Flea markets are permitted within the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed flea market will be on two (2) parcels of land totaling 14+/- acres. The applicant is leasing 12+/-acres of the 94+/- acre property identified as tax parcel 87-3-B, and owns 2+/- acres identified as tax parcel 87-3-B1. This use will be an expansion of the existing flea market adjacent to the site which is located within Clarke County, Virginia. Other uses adjacent to the subject site include a vacant property and a property that is being used as a landscape contracting business. This 14-acre flea market use will have a total vender area of 99,030 square feet, with frontage and a single entrance along Fairfax Pike (Route 277). (See attached sketch.) This entrance shall be the only entrance used to serve this site; no other entrances shall be permitted along Fairfax Pike (Route 277) or Front Royal Pike (Route 522). Furthermore, the proposed entrance shall meet the entrance requirements of the Frederick County Zoning Ordinance. An engineered site plan shall be submitted to and approved by Frederick County; all improvements shall be implemented prior to operating the flea market. All parking areas and travel areas shall be graveled. This use will only operate on Friday through Sunday and on holidays. As noted by the Heath Department, this use will utilize portable toilets for a period of one (1) year. However, the applicant shall apply for and install an approved septic system within one year of the approval date of this CUP. Should the applicant not install an approved septic system within the specified time, the CUP shall become void and revoked. Page 4 CUP #03-11, Shenandoah Valley Flea Market April 28, 2011 STAFF CONCLUSIONS FOR THE 04/20/11 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 and requirements shall be complied with at all times. 2. The applicant shall apply for and install an approved septic system within one (1) year of the approval date of this Conditional Use Permit. 3. An engineered site plan shall be submitted to and approved by Frederick County, and all site plan improvements shall be implemented prior to operating the flea market. 4. Days of operations shall be limited to Friday through Sunday and holidays. 5. The use shall only have a single entrance onto a public road; that single entrance shall be onto Fairfax Pike (State Route 277). 6. No signage will be allowed on this site for this use. 7. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/20/11 MEETING: Discussion of the Commission and the applicant primarily focused on the Health Department comments requiring permanent sewage disposal within one year of the approval of the conditional use permit. The applicant was comfortable with all of the conditions except Condition #2, which stipulated permanent sewage disposal. He was concerned whether or not he could install a permanent system within that time frame or whether additional time may be needed. A member of the Commission suggested eliminating Condition #2 because it was repetitive; it was noted that Condition #1 states the applicant must comply with all agency comments and the Health Department is an agency whose comments must be met. If the Health Department stipulates the applicant must have the approved septic system within 12 months, the Planning Commission did not want to override that requirement. Another Commissioner noted that the Health Department comment regarding permanent sewage disposal was a state requirement; however, there did not seem to be anything that indicated the applicant could not have portable toilets for convenience after that requirement is met. There were no citizen comments. Page 5 CUP #03-11, Shenandoah Valley Flea Market April 28, 2011 The Planning Commission unanimously recommended approval of the conditional use permit with all of the conditions recommended by the staff, except for Condition #2, which was stricken. The following conditions were recommended: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant shall apply for and install an approved septic system within one (1) year of the approval date of this Conditional Use Permit. 3. An engineered site plan shall be submitted to and approved by Frederick County, and all site plan improvements shall be implemented prior to operating the flea market. 4. Days of operations shall be limited to Friday through Sunday and holidays. 5. The use shall only have a single entrance onto a public road; that single entrance shall be onto Fairfax Pike (State Route 277). 6. No signage will be allowed on this site for this use. 7. Any expansion or change of use shall require a new Conditional Use Permit. (Note: Commissioners Triplett and Unger were absent from the meeting.) 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.