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HomeMy WebLinkAbout11-04 PC Staff ReportCONDITIONAL USE PERMIT #11-04 DOUGLAS LOWELL - COUNTRY TREASURES Staff Report for the Planning Commission Meeting Prepared: June 2, 2004 Staff Contact: Candice E. Mills, 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: 06/16/04 Pending Board of Supervisors: 07/14/04 Pending LOCATION: This subject property is located at 4850 Front Royal Pike (Route 522 S). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER(s): 94A-1-2-1 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential and Retail PROPOSED USE: Antique Shop REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 522, 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 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 #11-04 Douglas Lowell - Country Treasures June 2, 2004 Page 2 Frederick County Fire Marshall: No known hazards to alter firefighting response. Direct access to the main entrance of each structure should be provided by use of the fire lane markings. Plan approval recommended. Health Department: No objections to request for conditional use if no public food service is provided at country store. Frederick County Inspections: Building shall comply with The Virginia Uniform Statewide Building Code and section 309, use group M(Mercantile) of the International Building Code/2000. Other code that applies is CABO A117.1-98 Accessible and Usable Buildings and Facilities. All required man egress doors shall comply with accessibility under Chapter 11 of the IBC and CABO A117.1-98 and HC parking shall be provided. All structural plans submitted for permit application shall be sealed by a VA Design Professional. Please note the requirements in Chapter 17 of the IBC for special inspections for this type of structure. Additional comments will be made at the time of site plan review. Planning and Zoning: The Frederick County Zoning Ordinance allows for antique shops in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. The property where this business would be located is vacant and the property consists of 66,788 square feet (1.5 acres). This proposed use would take place in a new 50' x 100' structure that the applicant plans to construct. This proposed use will be conducted on property that is surrounded by RA residential property to the north and west. This property is located outside of the UDA and SWSA as noted in the Comprehensive Policy Plan. The Frederick County Zoning Ordinance requires that parking areas outside the UDA and SWSA are to have a minimum of double prime-and-seal treatment of all parking areas, with striping and wheel stops. Staff would recommend any signage be limited to one (1) illuminated free standing business sign, not to exceed fifty (50) square feet in area, and ten (10) feet in height along the frontage of Front Royal Pike (Rt. 522). An engineered site plan shall be submitted to and approved by Frederick County. All identified site improvements shall be installed prior to issuance of a business license. STAFF CONCLUSIONS FOR THE 06-16-04 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; this includes landscaping requirements per §165-27E of the Frederick County Zoning Ordinance. All identified improvements shall be installed prior to issuance of a business license. Additional landscaping shall be provided to enhance the commercial corridor of Front Royal Pike. This landscaping shall be in addition to what is required by §165-27E of CUP #11-04 Douglas Lowell - Country Treasures June 2, 2004 Page 3 the Frederick County Zoning Ordinance. 3. Signage shall be limited to one illuminated free-standing business sign, not to exceed 50 square feet in area and ten (10) feet in height, along the frontage of Front Royal Pike (Rt. 522S.) 4. Outdoor storage shall be prohibited. 5. Any expansions, modifications or changes of use shall require approval of a new Conditional Use Permit.