HomeMy WebLinkAbout08-06 BOS Staff ReportCONDITIONAL USE PERMIT #08-06
RONALD D. DEHAVEN
Staff Report for the Board of Supervisors
Prepared: September 27, 2006
Staff Contact: Kevin T. Henry, Planning Technician
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: 09/20/06 Recommended Approval
Board of Supervisors: 10/11/06 Pending
LOCATION: This subject property is located at 5057 Northwestern Pike (Route 50).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 39-A-39
PROPERTY ZONING & PRESENT` USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Land Use: Commercial
South: RA (Rural Areas) Land Use: Agricultural
East: RA (Rural Areas) Land Use: Residential
West: RA (Rural Areas) Land Use: Agricultural
PROPOSED USE: Country General Store
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property
appears to have little measurable impact on Route 50, the VDOT facility which would provide access
to the property. Existing entrance is adequate for proposed use. Should use ever expand in the
future, the entrance may have to be upgraded to VDOT commercial standards. However, please
note, the following items will need to be removed or cut very low: Shrubs are blocking sight
distance and need to be removed or cut very low. Maintain positive drainage away from roadway.
East entrance needs grass removed from cracks and asphalt sealer applied.
CUP #08-06, Ronald D. DeHaven
September 27, 2006
Page 2
Fire Marshal: No additional impacts on fire and rescue noted. Plan approval recommended.
Inspections Department: Existing building shall comply with The Virginia Uniform State Building
Code Part III. Permits are required only in change of use occurs.
Sanitation Authority:
Winchester-Frederick County Health Department: Health Department has no objection so long
as no increase in water use occurs.
Winchester Regional Airport:
Planning & Zoning: The applicant is requesting a Conditional Use Permit for a country general
store that will take place on a property identified as 5057 Northwestern Pike (Route 50), which
currently has one structure. The property has previously been used for a post office, and more
recently a furniture store. This parcel has frontage on Route 50 East and along S. Hayfield Road
(Route 600).
The structure on the property is 2,516 sq. ft., and will be reduced in size by 476 sq. ft. to allow for a
loading space associated with the business. This proposed business will require eleven (11) parking
spaces since it is a retail use (1 space per 200 sq. ft.). The parking lot will be accessed via the current
westernmost driveway. Staff suggests the applicant establish an entrance on S. Hayfield road as
well. The easternmost entrance along Route 50 should be closed, to avoid traffic crossing Route 50
at the Hayfield intersection and entering the property illegally. The applicant has offered to close this
entrance. The current sign (approx. 25 sq. ft.) on the property will be sufficient enough in size to suit
the needs of the applicant.
To ensure that all the above requirements and other County Codes have been satisfied, an engineered
site plan will be required prior to business activity. An important element to be shown on the site
plan is parking lot access and layout.
The 2003 Frederick County Comprehensive Policy Plan provides guidance for business location
within rural areas of the County. The locations for businesses would include major intersections or
locations with recent or existing business activity (p. 6-60). The Hayfield Road intersection is
identified as a major intersection and there are currently businesses within close proximity of this
parcel. Therefore, the proposed CUP may be an appropriate land use and meets the intent of the
2003 Frederick County Comprehensive Policy Plan.
CUP #08-06, Ronald D. DeHaven
September 27, 2006
Page 3
STAFF CONCLUSIONS FOR THE 09/20/06 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the following
conditions:
1.All review agency comments and requirements shall be complied with at all times.
2.An engineered site plan shall be submitted to, and approved by Frederick County, prior to
business activities occurring on site. Parking lot standards and landscape consistent with
commercial zoning will be required.
3.No more than one freestanding sign allowed on the property. The sign display shall be
limited to 25 sq. ft. in area and ten feet in height.
4.Only one entrance onto Route 50 and Route 600 shall be permitted. The existing
easternmost entrance along Northwestern Pike shall be permanently closed.
5.No fuel sales or outdoor display of merchandise will be permitted.
6. Any expansion or change of use will require a new Conditional Use Permit.
7.Total structural area shall not exceed 2,600 square feet.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/20/06 MEETING:
Some Commission members were concerned about closing the easternmost entrance to this site
because they believed it may affect the amount of business traffic the applicant would draw headed
west; they commented that the existing entrances had been used safely for many years for previous
businesses and the old post office. Other Commissioners did not want to see traffic turning onto the
eastbound lane of Route 50, even for a short distance, because of safety reasons. Staff pointed out
that the previous business was originally nonconforming and since it has been vacant for so long, it
has to re-establish itself through the zoning ordinance; staff noted the existing entrance was not safe,
even though a vehicle would only be traveling a slight distance in the wrong lane.
Although the applicant would have preferred to keep the existing entrances and exits, the staff said
they would work with the applicant and VDOT to establish a safe, additional entrance location on
Hayfield Road, if the applicant desired to pursue it.
Since the applicant said he intended selling fresh fruits and vegetables from local growers,
Commission members removed a phrase from the staff’s recommended conditions that prohibited
outdoor display of merchandise.
There were no public comments. The Planning Commission unanimously recommended approval
with the understanding that staff would work with the applicant and VDOT to accommodate a safe
entrance on Hayfield Road and with the removal of the phrase in the conditions prohibiting outdoor
display of merchandise, as follows:
1. All review agency comments and requirements shall be complied with at all times.
2.An engineered site plan shall be submitted to and approved by Frederick County prior to
business activities occurring on site. Parking lot standards and landscape consistent with
commercial zoning will be required.
3.One non-illuminated, free-standing business sign shall be allowed on the property; the sign
shall be limited to 25 square feet in area and not exceed ten feet in height. The existing sign
is of a permissible size until a new sign is created; at which time, the existing sign would
have to be removed.
4.Only one entrance onto Route 50 and one entrance onto Route 600 shall be permitted. The
existing easternmost entrance along Northwestern Pike (Route 50) shall be permanently
closed.
5.No fuel sales will be permitted.
6. Any expansion or change of use will require a new conditional use permit.
7. Total structural area shall not exceed 2,600 square-feet.
(Note: Commissioner Ours was absent from the meeting.)
CUP #08-06, Ronald D. DeHaven
September 27, 2006
Page 4