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HomeMy WebLinkAbout07-06 PC Staff Report - September CONDITIONAL USE PERMIT #07-06 JAE CHA Staff Report for the Planning Commission Prepared: August 21, 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 Pending Board of Supervisors: 09/27/06 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 must 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 August 21, 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 accepting 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 10,500 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. No on-site vehicle fuel sales 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 along the front of Millwood Pike (Route 50). An engineered site plan shall be submitted to, and approved by Frederick County, and site 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 CUP #07-06, Jae Cha August 21, 2006 Page 3 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. 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.