Loading...
HomeMy WebLinkAbout03-09 BOS Staff Report - JulyCONDITIONAL USE PERMIT #03-09 CHARLES HALE AND RUTH HALE Staff Report for the Board of Supervisors Prepared: July 13, 2009 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: 05/20/09 Recommended approval Board of Supervisors: 06/10/09 Postponed action by BOS Board of Supervisors: 07/22/09 Pending EXECUTIVE SUMARY: This is a request for a Country General Store with carry-out food prepared on site. No on-site fuel sales will be allowed with this Conditional Use Permit. The Board of Supervisors at their June 10, 2009, meeting postponed any action on this proposed use to allow the applicant to work with staff to amend the application, to allow limited outdoor seating. Staff would recommend that no more than four (4) picnic tables be used for outdoor seating. This change is noted in condition 6 being placed on the Conditional Use Permit: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted and approved by Frederick County, and implemented prior to operating store activities on site. 3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty (50) square feet in area. The sign shall not exceed ten (10) feet in height. 4. No on-site vehicle fuel sales allowed. 5. No outdoor display of goods. 6. Carry-out food only; with no more than four (4) picnic tables allowed for outdoor meals. 7. Any expansion or change of use will require a new Conditional Use Permit. Page 2 Conditional Use Permit #03-09 Charles Hale and Ruth Hale July 13, 2009 LOCATION: This property is located at 7515 Northwestern Pike (Routes 259 and 50). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 27-A-47 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Public Garage ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Agricultural South: RA (Rural Areas) Land Use: Commercial East: RA (Rural Areas) Land Use: Agricultural West: RA (Rural Areas) Land Use: Agricultural PROPOSED USE: This application is for a Country General Store with carry-out food prepared on site. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have significant measurable impact on Route 259 and 50, the VDOT roadways which would provide access to the development. The existing entrances will have to be upgraded and/or closed to meet current commercial entrance standards per VDOT’s “Minimum Standards of Entrances to State Highways”. Before the initial phase of development, this office will require a complete set of construction plans detailing the commercial entrance design for review and approval. Upon VDOT plan approval, any required work performed on the State’s right-of-way must be covered under a land use permit. This permit is issued by this office and required an inspection fee and surety bond coverage. Fire and Rescue: Plan approval recommended. Inspections Department: Buildings shall comply with The Virginia Uniform Statewide Building Code and Section 304-B, Business Use Group of the International Building Code/2003. Page 3 Conditional Use Permit #03-09 Charles Hale and Ruth Hale July 13, 2009 Other Code that applies is ICC/ANSI A117.1-03 Accessible and Usable Buildings and Facilities. Proposed change of use from S-1 Storage to B-Business shall meet ANSI Accessibility to full extent but shall not exceed 20% of the total cost of renovations. ANSI accessible van parking shall be provided with unloading area. All required egress/ingress shall be Handicap Accessible. Service counters shall meet ANSI. A grease trap is existing and shall be located on site plan. One unisex ANSI accessible restroom shall be provided and shall be available for public use. Please note the requirements in Chapter 17 of BOCA for special inspection requirements on the type of structure (soils, concrete, etc.). Virginia Department of Environmental Quality: In compliance with the provisions of the Clean Water Act (33 USC §1251 et seq.), as amended, and pursuant to the State Water Control Law and regulations adopted pursuant thereto, owners of treatment works with domestic sewage discharges of a design flow of less than or equal to 1,000 gallons per day on a monthly average are authorized to discharge to surface waters with the boundaries of the Commonwealth of Virginia, except those waters specifically named in board regulations or policies that prohibit such discharges. The authorized discharge shall be in accordance with the cover page, Part I- Effluent Limitations, Monitoring Requirements and Special Conditions, and Part II-Conditions Applicable to All VPDES Permits, as set forth herein. Winchester-Frederick County Health Department: Health Department will not comment until a proper operational permit is obtained by the owner from the Health Department. The property is classified as a single family home at this time, but if the property is ever classified as commercial, a proper permit is required from DEQ for the sewage system. Lord Fairfax Health District: Please see attached letter dated May 8, 2009, signed by Kevin D. Yost, Environmental Health Specialist Senior. Planning and Zoning: A country general store is a permitted use in the Rural Areas (RA) Zoning District with an approved Conditional Use Permit. This use will occur within a 1,560 square foot building. There will be no on-site vehicle fuel sales and outdoor display areas will not be permitted on the premises. Signage will be limited to one (1) freestanding monument sign; not to exceed fifty (50) square feet in area, and ten (10) feet in height. An engineered site plan addressing all reviewing agency comments shall be submitted to and approved by Frederick County, prior to country store activities. The subject property is not in an area where a small area land use study has been adopted by the County. Nevertheless, the proposed country general store is consistent with the goals of the Frederick County Comprehensive Policy 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). Based on the limited scale of the applicant’s proposed general store, it appears it would not have negative impacts on adjoining properties or detract from the rural Page 4 Conditional Use Permit #03-09 Charles Hale and Ruth Hale July 13, 2009 character of the area. STAFF CONCLUSIONS FOR THE 05/20/09 PLANNING COMMISSION MEETING: This is a request for a Country General Store with carry-out food prepared on site. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the Conditional Use Permit: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted and approved by Frederick County; and implemented prior to operating store activities on site. 3. One (1) monument sign shall be allowed on the property; sign shall be limited to fifty (50) square feet in area. The sign shall not exceed ten (10) feet in height. 4. No on-site vehicle fuel sales allowed. 5. No outdoor display of goods. 6. Carry-out food only no seating allowed for meals. 7. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/20/09 MEETING: The applicants/property owners were available to answer questions from the Commission. The applicants were satisfied and in agreement with the proposed conditions for the permit. The applicants said they have already started improvements to the structure and site and have obtained all the necessary permits to do so. The Commissioner representing Back Creek District said he travels by this site frequently and it has not been in operation for the past 10-12 years. He said the applicants were striving to work with the County in their attempts to improve the appearance of the site and structure. There were no citizen comments. No issues or concerns were raised by the Commission. The Planning Commission voted unanimously to recommend approval of the conditional use permit with the conditions recommended by the staff, as follows: 1. All review agency comments and requirements shall be complied with at all times. Page 5 Conditional Use Permit #03-09 Charles Hale and Ruth Hale July 13, 2009 2. An engineered site plan shall be submitted and approved by Frederick County and implemented prior to operating store activities on site. 3. One monument sign shall be allowed on the property; the sign shall be limited to 50 square feet in area. The sign shall not exceed ten feet in height. 4. No on-site vehicle fuel sales allowed. 5. No outdoor display of goods. 6. Carry-out food only; no seating allowed for meals. 7. Any expansion or change of use will require a new conditional use permit. (Note: Commissioner Oates abstained; Commissioners Thomas and Ruckman were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 06/10/09 MEETING: The Board of Supervisors at their June 10, 2009, meeting postponed any action on this proposed use to allow the applicant to work with staff to amend the application, to allow limited outdoor seating. Staff would recommend that no more than four (4) picnic tables be used for outdoor seating. This change is reflected in the changes to condition 6 of the Condition Use Permit. (see executive summary). Following the required 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.