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HomeMy WebLinkAbout03-09 PC Staff ReportCONDITIONAL USE PERMIT #03-09 CHARLES HALE AND RUTH HALE Staff Report for the Planning Commission Prepared: May 5, 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 Pending Board of Supervisors: 06/10/09 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. 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. Page 2 Conditional Use Permit #03-09 Charles Hale and Ruth Hale May 5, 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 May 5, 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. Virginia Department of Health: Will review prior to operation. 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 (ten) 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 character of the area. Page 4 Conditional Use Permit #03-09 Charles Hale and Ruth Hale May 5, 2009 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. 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.