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HomeMy WebLinkAbout02-06 BOS Staff ReportCONDITIONAL USE PERMIT #02-06 JOSEPH SNAPP AND ROBERT RHODES Staff Report for the Board of Supervisors Prepared: April 6, 2006 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: 04/05/06 Recommended Approval Board of Supervisors: 04/12/06 Pending LOCATION: This subject property is located at 1107 Cedar Creek Grade (Route 622). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-A-2-F PROPERTY ZONING & PRESENT` USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential and Church East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE: Off-Premise Wayside Market with Ice Cream Stand REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 622, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the States' 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 #02-06, Joseph Snapp and Robert Rhodes April 6, 2006 Page 2 Fire Marshal: Plan approval recommended. Inspections Department: No comment or building permit required for the structures provided they comply with Section 102.3 Exemptions (7.) VUSBC Farm Building and Structures, and is not licensed as a restaurant by the Virginia Department of Health. Sanitation Authority: We do not serve this area. Winchester-Frederick County Health Dept.: The Health Department has no objection to the proposal. Winchester Regional Airport: Since the CUP does not appear to have any impact on the operations of the Winchester Regional Airport, there are no objections or special conditions to request for this site plan. Planning and Zoning: The Frederick County Zoning Ordinance allows for off-premise wayside markets in the RA (Rural Areas) Zoning District, with an approved Conditional Use Permit (CUP). While the proposed use intends to sell agricultural and horticultural produce from local farms, the actual market is not located on a farm; therefore, this off-premise wayside market CUP is required. Upon issuance of the CUP, the applicant intends to sell farm produce and operate a frozen custard stand. This proposed use would take place on a 5.00 acre parcel with a single-family dwelling located to the rear of the property. The wayside market will operate in an existing one-story 1,800 sq. ft building located along the frontage of Cedar Creek Grade (Rt.622). An ice cream stand will also be associated with this use, and located adjacent to the 1,800 sq. ft. building. This proposed wayside stand will sell a wide variety of agricultural and horticultural items and merchandise. There will be outdoor display areas associated with this use, as well as a small field for planting of pick-your-own crops. These areas are noted on the sketch in your agenda. This property is located outside the Sewer Water Service Area (SWSA) and Urban Development Area (UDA), as noted in the 2003 Comprehensive Policy Plan of Frederick County. It is important to note, though, that the site is located east of Route 37, adjacent to an area that has recently been included in the UDA. As such, it may be appropriate to apply standards to the CUP that reflect the vision for the Cedar Creek Grade corridor as it exits the City of Winchester. Frederick County, through the CUP application, traditionally has regulated the uses and signs on properties located along highways in its rural areas. Furthermore, a higher standard of development and conditions with this application should be implemented along this corridor. This should include the following: CUP #02-06, Joseph Snapp and Robert Rhodes April 6, 2006 Page 3 •Maximum freestanding sign height of six feet •Maximum freestanding sign of 25 square feet •Prohibition of internally illuminated signs •Prohibition of the placement of any dumpsters/ enclosures within the 60-ft front yard setback. These standards would be in keeping with other land use applications and may apply to any future applications along this corridor. STAFF CONCLUSIONS FOR THE 04/05/06 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1.All review agency comments shall be complied with at all times. 2.The site shall be allowed to have one freestanding sign. Maximum height of freestanding sign shall be six (6) feet. Maximum size of a freestanding sign shall be twenty-five (25) square feet. 3.No internally illuminated signs shall be allowed outside of the building. 4.Maximum size of a building-mounted sign shall be ten (10) square feet. 5.Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 60 feet from Cedar Creek Grade. 6.A minimum of nine (9) lined parking spaces with wheel stops, and a minimum of double prime and sealed, shall be installed prior to the operation of the off-premise Wayside Market. 8. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/05/06 MEETING: Commission members discussed the size and height of the proposed sign. Staff noted that the size recommendations provided were in keeping with existing business signs in the corridor at the entrance to the City of Winchester. Some Commission members had observed, during a site visit, that the property sits down low behind a dirt bank; they commented that a six-foot sign would probably just come to road level and would not provide much visibility. Commission members also spoke with the staff about what specific agencies would be responsible for inspecting the ice cream stand and restroom facilities; staff noted that the applicant had met all of the agency requirements. CUP #02-06, Joseph Snapp and Robert Rhodes April 6, 2006 Page 4 The applicant, Mr. Joe Snapp, said he would prefer to have the sign ten feet tall because of the low area where the sign would be placed; he said the 25-square-feet in area for the sign was satisfactory. Mr. Snapp also indicated his desire at some point in the future to sell sandwiches at the site. Two adjoining property owners came forward to speak in support of this conditional use permit. They commented that the Rhodes and Snapp families have been good neighbors and encouraged the Commission to approve their request. The Planning Commission unanimously approved the Conditional Use Permit with an amendment to the conditions recommended by the staff, to allow the sign height to be extended to ten feet. 1.All review agency comments shall be complied with at all times. 2.The site shall be allowed to have one freestanding sign. Maximum height of freestanding sign shall be ten (10) feet. Maximum size of a freestanding sign shall be twenty-five (25) square feet. 3 No internally illuminated signs shall be allowed outside of the building. 4.Maximum size of a building-mounted sign shall be ten (10) square feet. 5.Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 60 feet from Cedar Creek Grade. 6. A minimum of nine (9) lined parking spaces with wheel stops, and a minimum of double prime and seal, shall be installed prior to the operation of the off-premise Wayside Market. 7. Any expansion or change of use will require a new Conditional Use Permit.