HomeMy WebLinkAbout06-04 BOS Staff ReportCO CONDITIONAL USE PERMIT #06-04
EAST SIDE RAW BAR & GRILL
Staff Report for the Board of Supervisors
w Prepared: May 17, 2004
Staff Contact: Mark R. Cheran, Planner
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1,�9s repo, is pref/ar GL[ l y elle I' l ude Ch-""Ht`y 1-ta" ling aluJJ 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: 05/05/04 Recommended Approval
Board of Supervisors: 05/26/04 Aft
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LOCATION: This subject property is located at 1815 Millwood Pike (Route 50 E).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-A-145
PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District
Land Use: Restaurant
ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) and M-1 Industrial Light
Zoning District
Land Use: Residential, Vacant, and Industrial
PROPOSED USE: Restaurant Use.
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. Existing entrance is adequate for proposed use.
However, should use ever expand in the future, the entrance may have to be upgraded to
VDOT minimum commercial standards.
Fire Marshal: Building egress must be maintained.
C.U.P. #02-04 - Eastside Raw Bar & Grill
May 17, 2004
Page 2
Health Department: The Health Department has no objection to the construction of an
outside dining area provided it does not extend beyond the gravel lot behind restaurant,
where it could impact the drainfield. An application and $40 plan review fee must be
remitted to our office before you begin construction.
Inspections Department: No comment at this time. Shall comment at site plan review.
Planning and Zoning_ The Frederick County Zoning Ordinance allows for restaurant use
in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP).
This property is currently operating as a restaurant. This proposed CUP will bring this
property into conformance with the Frederick County Zoning Ordinance, as related to
restaurant use in the RA Zoning District.
A restaurant has operated on this site since the 1960's.
The applicant proposes to add a outdoor dining deck with an area of 1100 square feet. The
site currently has a thirty-four (34) space parking lot. This parking area is in compliance with
the requirements for parking areas in the RA Zoning District. Granting approval of this
Conditional Use Permit will ultimately accomplish two things: First, the CUP will legitimize
the seafood restaurant. Second, the CUP will enable the owner of the property to construct
an outdoor seating area.
STAFF CONCLUSIONS FOR THE 05-26-04 BOARD OF SUPERVISORS MEETING:
Should the Board of Supervisors find this use appropriate, the Planning Commission recommended
the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. Any future expansions of this restaurant use shall be in compliance with Section 165-27 of the
Frederick County Zoning Ordinance, as related to parking areas and landscaping. All improvements
shall be in place prior to any building permits being issued.
3. Any change of use or modification more than 2000 square feet ( deck or building) shall require
a site plan and new Conditional Use Permit.
PLANNING COMMISSION SUMMARY & ACTION FOR THE 05/05/04 MEETING:
The applicants were available at the meeting to answer questions. There were no citizen comments.
No issues of concern were raised by members of the Commission and they believed the use was
appropriate. The Planning Commission voted unanimously to recommend approval of this
conditional use permit with the same conditions as recommended by the staff, as follows:
C.U.P. #02-04 - Eastside Raw Bar & Grill
May 17, 2004
Page 3
1. All review agency comments and requirements shall be complied with at all times.
2. Any future expansions of this restaurant use shall be in compliance with Section 165-27 of the
Frederick County Zoning Ordinance, as related to parking areas and landscaping. All improvements
shall be in place prior to any building permits being issued.
3. Any change of use or modification more than 2000 square feet (deck or building) shall require a
site plan and new Conditional Use Permit.
(Please note: Commissioners Rosenberry and Ours were absent from the meeting.)