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HomeMy WebLinkAbout01-04 BOS Staff Reportlow ��o CONDITIONAL USE PERMIT #01-04 SUSIE C. YOST Staff Report for the Board of Supervisors w Prepared: February 24, 2004 Staff Contact: Mark R. Cheran, 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: 02/18/04 Recommended Approval Board of Supervisors: 03/10/04 pefidi�A& ea V LOCATION: This subject property is located at 9263 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 6-A-77 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Country store ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) and B-2 (Business, General District) Zoning District. Land Use: Residential and Gas Station PROPOSED USE: Re-establish a legally nonconforming use (Antique and collectible shop) REVIEW EVALUATIONS: Virginia Dept. 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. Inspections Department: This is not a change of use, former and new use is all mercantile. No building permit is needed. C.U.P. #01-04 February 24, 2004 Page 2 Fire Marshal: No significant fire department impact Health Department: Health Department has no objection to request Planning and Zoning_: This property is subject to Conditional Use Permit #14-01, which was approved by the Board of Supervisors on October 24, 2001. This approval was for re- establishing a legally non -conforming use. (A country store with a twenty-four (24) seat restaurant use - Alkire's Country Store) Condition #5 of this Conditional Use Permit states: "Any change of use or modification will require a new Conditional Use Permit." The applicant is seeking to operate an antique shop, and has requested a new Conditional Use Permit to do such. This new proposed use for an antique shop would have a lesser impact on the surrounding community than a country store with a 24 -seat restaurant. No exterior alterations or changes to the property or building are being proposed. The re-establishing of this non -conforming use will be appropriate to bring the property into compliance with the Frederick County Zoning Ordinance. An inspection of the property revealed that the parking area is not delineated by striping or wheel stops. 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. The Department of Transportation revealed the northern most entrance does not meet minimum standards for sight distance due to topography. VDOT has indicated their preference to use Cumberland Trail Road (Route 694) for egress from the site. 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 North Frederick Pike (Rt. 522). An engineered site plan shall be submitted to and approved by Frederick County. All identified site improvements shall be installed within six (6) months of CUP approval. STAFF CONCLUSIONS FOR THE 02-18-04 PLANNING COMMISSION MEETING: Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 1. All review agency comments and requirements must be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County. All identified improvements shall be installed val. All parking shall be in compliance with zoning district standards.�� 3. Signage shall 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 North Frederick Pike (Rt. 522). 4. Any change of use or modification will require a new CUP application. C.U.P. #01-04 February 24, 2004 Page 3 PLANNING COMMISSION SUMMARY & ACTION OF 02/18/04 MELTING: Questions from the Commission included a request for clarification on the timing for completion of the upgrades per VDOT's comments and in what manner direct access of the site via North Frederick Pike (Rt. 522) would be prohibited. Staff replied that these issues would be addressed at the site plan review process and would not affect the Commission's ability to act on the conditional use permit. The applicant was comfortable in her ability to address VDOT's comments. There were no public comments. Members of the Commission believed this would be a good use for this particular structure and they unanimously recommended approval with the same conditions recommended by the staff as follows: 1. All review agency comments and requirements must be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County. All identified improvements shall be installed within six months of conditional use permit approval. 3. Signage shall be limited to one illuminated free-standing business sign, not to exceed 50 square feet in area and ten feet in height, along the frontage of North Frederick Pike (Rt. 522N.) 4. Any change of use or modification will require a new conditional use permit application.