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HomeMy WebLinkAbout16-04 BOS Staff ReportCONDITIONAL USE PERMIT #16-04 SOON H. KANG Staff Report for the Board Prepared: August 9, 2004 Staff Contact: Mark R. Cheran, of Supervisors Meeting Interim 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: 08/04/04 Recommended Approval Board of Supervisors: 08/24/04 pondifit a41,5w LOCATION: This subject property is located at 623 Front Royal Pile. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 6413-A-87 PROPERTY ZONING & PRESENT' USE: RP (Residential Performance) Zoning District Land Use: Store ADJOINING PROPERTY ZONING & USE: RP (Residential Performance) Zoning Districts Land Use: Residential PROPOSED USE: Re-establishing a legally non -conforming use/convenience store. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 522, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, VDOT is concerned about the internal flow of traffic and parking availability for this business. Please submit an on-site parking and traffic flow plan to this office for further review and comment. CUP # 16-04, Soon H. Kang August 9, 2004 Page 2 Inspections Department: No change of use permit or comment required provided on existing mercantile building. Fire Marshal: A small structure in the rear of the proposed store is leaning considerably and poses an undue hazard and should be removed. Consideration should be given to providing vehicle impact protection to the Gas Station. Building address numbers should be installed on the structure or on the existing post so that they can be seen by emergency vehicle traveling south. Plan approval is contingent upon meeting these requirements. Frederick County Sanitation: No comment. Planning and Zoning: In accordance with Section 165-150 of the Frederick County Zoning Ordinance, a leally non -conforming use that has been discontinued due to abandonment may be re- established by obtaining a Conditional Use Permit (CUP). This proposed use is to re-establish a convenience store that was in operation on this property from 1956 to 2002. The most recent use was Boyce`s Western Shop. Prior use was Mooreland's "Stop and Save" in 1978. This property was zoned R-1 (Residential Limited) in 1967, when Frederick County adopted a zoning ordinance. This property is currently zoned RP (Residential Performance) as a result of the 1989 Comprehensive Down Zoning of Frederick County. This proposed use meets the requirements of Sections 165-148 and 150. Based on the limited scale of this proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 08-04-04 PLANNING COMMISSION MEETING: 1. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. Prior to operation of this business, a minor site plan approved by Frederick County will be required. VDOT and Fire Marshall requirements will be addressed on this site plan. 3. No new signage shall be allowed. 4. Replacement of current freestanding business sign on property will be allowed. Signage shall not exceed current size and height. New freestanding business sign shall be non -illuminated. 5. No retail sale of gasoline will be allowed. 6. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. CUP # 16-04, Soon H. Kang August 9, 2004 Page 3 PLANNING COMMISSION SUMMARY & ACTION OF THE 08/04/04 MEETING: Two previous owners of the grocery store came forward to speak in favor of reestablishing the use on this property. They told the Commission about the history of this property from when it first opened as a tavern and through its many years as a grocery store. They also praised the Kangs for their hard work improving the appearance of the building and grounds from its previous dilapidated condition. They said that many people in the neighborhood would like to see the grocery store use reestablished. The applicant told the Commission she would like to have an illuminated sign because she would be open for business from 8:00 a.m. until 8:00 p.m. in the evenings. She also mentioned her intentions to have a deli and to apply for an ABC license. Commissioners did not believe that allowing the illuminated sign would cause any adverse impacts. The Planning Commission unanimously recommended approval with an amendment to one of the staff s recommended conditions, allowing the applicant to have an illuminated sign, as follows: All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. Prior to operation of this business, a minor site plan approved by Frederick County will be required. VDOT and Fire Marshall requirements will be addressed on this site plan. 3. No new signs shall be allowed. 4. Replacement of existing, freestanding business sign on the property will be allowed. Signs shall not exceed 25 feet in size and 18 feet in height. 5. No retail sale of gasoline will be allowed. 6. Any expansion or modification of this use shall require approval of a new Conditional Use Permit.