HomeMy WebLinkAbout16-04 PC Staff ReportCONDITIONAL USE PERMIT #16-04
SOON H. KANG
Staff Report for the Planning Commission Meeting
Prepared: July 20, 2004
Staff Contact: Mark R. Cheran, 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 Pending
Board of Supervisors: 08/25/04 Pending
LOCATION: This subject property is located at 623 Front Royal Pile.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64B-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
July 20 , 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.