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HomeMy WebLinkAbout03-11 PC Staff ReportCO CONDITIONAL USE PERMIT #03-11 SHENANDOAH VALLEY FLEA MARKET w Staff Report for the Planning Commission w Prepared: April 4, 2011 „x ,N 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 Pending Board of Supervisors: 05/11/11 Pending EXECUTIVE SUMMARY: This is a request for an Outdoor Flea Market. 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 shall be submitted to and approved by Frederick County, and all improvements 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 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 403-11, Shenandoah April 4, 2011 Valley Flea Market LOCATION: This property is located at 3700 Front Royal Pike (Double Tollgate). MAGISTERIAL DISTRICT: Opequon 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) South: RA (Rural Areas) East: State Highway Clarke County, Virginia West: RA (Rural Areas) Land Use: Landscaping business Land Use: Residential Land Use: Rt. 522 Flea Market 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. Page 3 CUP #03-11, Shenandoah Valley Flea Market April 4, 2011 Accessible parking and route to the building shall comply with ICC/ANSI A 117.1-2006. Please 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 87-3-13, and owns 2+/- acres identified as tax parcel 87-3-131. 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 4, 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 shall be submitted to and approved by Frederick County, and all improvements 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 the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.