HomeMy WebLinkAbout07-06 BOS Staff ReportCONDITIONAL USE PERMIT #07-06
JAE CHA
Staff Report for the Board of Supervisors
Prepared: October 18, 2006
Staff Contact: Bernard S. Suchicital, Planner I
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: 09/06/06 Tabled for 30 days
10/04/06 Recommended Approval
Board of Supervisors: 11/08/06 Pending
LOCATION: This subject property is located at 2960 Millwood Pike (Route 50).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 77-A-13
PROPERTY ZONING & PRESENT` USE: Zoned: RA (Rural Areas)
Land Use: Country Store
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Land Use: Residential
South: RA (Rural Areas) Land Use: Residential
East: RA (Rural Areas) Land Use: Residential/Outdoor Rec.
West: RA (Rural Areas) Land Use: Residential
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. Prior to operation of the business, a commercial entrance must be constructed to our
standards to allow for safe egress and ingress of the property. Any work performed on the State’s
right-of-way m ust be covered under a land use permit. The permit is issued by this office and
requires an inspection fee and surety bond coverage.
CUP #07-06, Jae Cha
October 18, 2006
Page 2
Fire Marshal: When a municipal water system becomes available, fire hydrants must be installed.
Plan approval recommended.
Inspections Department: Building shall comply with The Virginia Uniform Statewide Building
Code and Section 309, Use Group M (Mercantile), of the International Building Code/2003. Other
codes that apply are ICC/ANSI A117.1-2303 Accessible and Usable Buildings and Facilities. Note:
The removal of the existing structure shall require a demolition permit with an asbestos inspection
report prior to the removal. Additional comments will be made at the time of site plan submittal.
Winchester-Frederick County Health Department: Health Department has no objection based on
preliminary approval for new pump and haul system. System must be installed and approved before
operations begin. (Staff note: the Health Department has determined that the only acceptable private
health system for this site would be a pump & haul system)
Winchester Regional Airport: Since the Conditional Use Permit does not appear to have any
impact on the operations of the Winchester Regional Airport, we have no objections or special
conditions that will be requested.
Planning & Zoning: The applicant is proposing a Conditional Use Permit for a country general
store that will be conducted in a new 8,000 square foot building that will also include a coffee and
pastry counter. CUP #10-03, that was approved by the Board of Supervisors on January 29, 2004, for
a similar venture, will become null and void upon issuance of this revised CUP #07-06.
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.
A Country General Store is a permitted use in the Rural Areas (RA) Zoning District with an
approved Conditional Use Permit. The CUP enables the County to place restrictions/conditions on a
use when a use is considered appropriate in an effort to mitigate proposed impacts. Store hours shall
not exceed 5:00 am to 10:00 pm. No on-site vehicle fuel sales, on-site food preparations, and
outdoor display areas will be permitted on the premise. There shall be no more than one (1) entrance
for the site. The applicant proposes to remove the existing well and replace with a larger one, and
install a pump-and-haul system with Health Department approval. New 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 shall be submitted to, and approved by Frederick County, and site
CUP #07-06, Jae Cha
October 18, 2006
Page 3
improved accordingly, prior to country store activities. Any expansion or change of use will require
a new Conditional Use Permit. The site will comply will all agency review comments at all times.
The site plan shall be in conformance with all requirements of the Frederick County Zoning
Ordinance.
STAFF CONCLUSIONS FOR THE 09/06/06 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, and
site improved accordingly, 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. There shall be no more than one (1) vehicular entrance for the site.
7. Any expansion or change of use will require a new Conditional Use Permit.
8. Approval of CUP #07-06 will null and void the existing CUP #10-03.
PLANNING COMMISSION SUMMARY & ACTION OF THE 09/06/06 MEETING:
Three citizens came forward to speak during the public comment portion of the hearing. Two of the
citizens were affiliated with the adjoining Izaak Walton Club property and one was an adjoining
residential property owner. The adjoining residential property owner had concerns about the
considerable increase in the size of the structure and operation being proposed. He was concerned
about the resulting increase in vehicular traffic, the hours of operation, and the amount of lighting on
site. The two citizens speaking on behalf of the Izaak Walton Club property raised numerous
environmental concerns, especially since they had just recently invested a considerable sum of
money on their lake. They were concerned about run-off from the holding tanks and discharge
materials from the asphalt parking lot contaminating their lake. They did not think holding tanks
were an appropriate long-term solution for a business, especially one of this size. They suggested the
CUP #07-06, Jae Cha
October 18, 2006
Page 4
holding tanks be relocated so if cracks develop and spills or leaks occur, any run-off would go into
the holding pond or would back up against the structure, rather than running down the bank to their
lake. All three citizens were uncertain as to what qualified as a country store and whether it was
based on size or what was sold. All three citizens expressed concern that this was still a quiet, rural
area and a large operation would seem out of place.
The applicant’s agent and project architect, Ms. Jae Cha, and the project’s civil engineer, Mr. Yung
Kim, were available to take questions from the Commission. Ms. Cha described the proposed
operation as primarily selling furniture, antiques, and souvenirs, with a small café. She did not
anticipate a large volume of customer traffic or truck deliveries. She said the Health Department and
the County Administrator had reviewed the square footage and anticipated employees and approved
the transfer of the health system permit. She said she was environmentally-conscientious with her
design and wanted to incorporate sustainable green design measures. Mr. Kim reviewed the storm
water management plan and answered questions about the health system.
Commission members questioned the appropriateness of conducting a business of this size and scale
under a conditional use permit, especially because of the investment involved and the possibility the
permit could be revoked. If a conditional use permit was pursued, they recommended that conditions
be comparable to what is required for a business in a B2 District, particularly with regards to buffers,
screening, lighting, and transportation. There were questions on the definition of a country general
store and whether this was the best classification for the proposed use. Some Commissioners
expressed doubt that two 1,500-gallon tanks would be adequate to handle a business with a 10,000
square-foot structure with parking for 60. Other suggestions were for a catch basin to be
incorporated for gasoline and oil from the parking lot; the use of a pervious material for the parking
area, rather than concrete; and a determination made on the hours of operation. Considering all of
the issues that needed to be addressed, the Commission tabled this conditional use permit application
to allow time for the applicant and the staff to work together on the concerns raised by the citizens
and the Commission.
The vote on the tabling was as follows:
YES (TO TABLE): Mohn, Kerr, Triplett, Kriz, Ours, Thomas, Wilmot, Unger, Light, Oates,
Morris
NO: Manuel
(Note: Commissioner Watt was absent from the meeting.)
CUP #07-06, Jae Cha
October 18, 2006
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ACTIVITIES SINCE THE 9/06/06 PLANNING COMMISSION MEETING:
Staff met with the applicant’s representative to further understand the proposed use, and discussed
appropriate conditions for the CUP. The applicant confirmed the use was a Country Store, not an
antique store, as proposal would resemble the Country Store on Senseny Road. The applicant has
reduced the size of the building (from 10,000 sq ft to 8,000 sq ft), and provided staff with a copy of a
pump & haul contract. The applicant will maintain a contract with a pump & haul company that will
install a remote monitoring device and emergency response system.
STAFF CONCLUSIONS FOR THE 10/04/06 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, and site
improved accordingly, prior to operating store activities on site. The project site will adhere
to commercial parking and landscaping standards.
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. There shall be no on-site food preparations.
6. Store hours of operation shall be between 5:00 am to 10:00 pm.
7. No outdoor display of goods will be permitted
8.There shall be no more than one (1) vehicular entrance for the site.
9.Pump & haul agreement shall be maintained with a qualified company implementing an
alarm notification system.
10. Any expansion or change of use will require a new Conditional Use Permit.
11. Approval of CUP #07-06 will null and void the existing CUP #10-03.
CUP #07-06, Jae Cha
October 18, 2006
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PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/04/06 MEETING:
Two persons came forward to speak on behalf of the Izaak Walton League. One raised a concern
about the possibility of underground fuel storage tanks, buried here 40-50 years ago when there was a
Shell gas station on the site; he was also concerned about who would ultimately be responsible, if the
pump and haul sewage system failed and overflow sewage ran into the Izaak Walton Lake. The
other citizen, a current member and past president of the Izaak Walton League, pointed out that the
Izaak Walton League is a conservation club and has been in Frederick County for 60 years, providing
fishing and conservation measures for hundreds of their members and children. He pointed out that
everything on the proposed site drains directly into their lake; he said they have had to dredge their
lake three times since he has been a member, which is a large operation and is strictly due to run-off.
He noted that no additional information had been submitted by the applicant since the last meeting
on stormwater management. He also noted that the existing holding tanks were installed to handle a
failing septic system for a residential trailer and a small store; even though the size of the proposed
structure was reduced in size, he thought it still was large for this type of operation in a rural area.
The applicants and the project’s civil engineer came forward to answer questions and address
concerns. The applicant wanted to offer coffee and pre-made sandwiches and pastries on a daily
basis and to sell vases, flowers, and other general items on a weekend basis. Because the applicants
lived a distance from this site, they anticipated hiring someone to work at the site daily and the
applicant would drive to the site on weekends to sell the other items. In response to a question from
the Commission, the applicant said there will be no on-site fuel storage for their trucks. The project
engineer addressed concerns from the previous meeting: he noted the reduction in building size and
consequently, the size of the parking area; he provided staff with a copy of the pump and haul
contract detailing service and monitoring of the pump station; the hours of operation would be 5:00
a.m. until 10:00 p.m.; stormwater management and best management practices were anticipated to be
addressed at the site plan stage.
Commission members had questions for the applicant about the holding tanks; a suggestion was
made for the applicant to install a retention dike around the holding tanks, to retain any possible
overflow or spillage. Commissioners also had questions about the location of the stream that fed the
lake, in relation to this site and the lake. A comment was made about the size of the sign; staff had
requested the applicant utilize a monument-style sign, thereby allowing the larger sign.
There was an interest among members of the Commission to allow the on-site food preparation; staff
suggested modifying Condition #5 to state, “There shall be no on-site food preparation without
Health Department approval.” There also was an interest in allowing the applicant to have outdoor
display of seasonal items, under Condition #7. Staff suggested placing a size limit on the outdoor
display and a Commissioner suggested the condition include, “no outdoor display of goods after
business hours.” Commission members were opposed to any on-site fuel storage.
A recommendation of approval was made with the amended 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, and the site
improved accordingly, prior to operating store activities on site. The project site will adhere
to commercial parking and landscaping standards.
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 storage or sales allowed.
5. There shall be no on-site food preparations without Health Department approval.
6. Store hours of operation shall be between 5:00 am to 10:00 pm.
7.No outdoor display of goods after business hours will be permitted, other than seasonal
display items. The outdoor display area shall be limited to 500 square feet.
8. There shall be no more than one vehicular entrance for the site.
9.A pump and haul agreement shall be maintained with a qualified company implementing an
alarm-notification system.
10. Any expansion or change of use will require a new conditional use permit.
11. Approval of CUP #07-06 will null and void the existing CUP #10-03.
The majority vote was:
YES (TO APPROVE): Mohn, Kerr, Kriz, Ours, Wilmot, Light, Oates, Morris, Manuel, Watt
NO: Thomas, Unger
(Note: Commissioner Triplett was absent from the meeting.)
CUP #07-06, Jae Cha
October 18, 2006
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