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Home My WebLink About10-03 BOS Staff Report410 Cao CONDITIONAL USE PERMIT #10-03 qw �� ALFRED CHAPMAN, JR. Staff Report for the Board of Supervisors Prepared: January 13, 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 he useful to others interested in this zoning matter. Reviewed Action Planning Commission: 01/07/04 Recommended Approval Board of Supervisors: 01/28/04 Peft4i"g ,4 'Wo LOCATION: This subject property is located at 2960 Millwood Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 77-A-13 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Country store ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Vacant, Residential, and Private Outdoor Recreation Club PROPOSED USE: Country store with outdoor display and sales area, and 400 square feet to be added to the existing structure. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have a measurable impact on Route 50, 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. C.U.P. #10-03 January 13, 2004 Page 2 Inspections Department: See back of comment sheet. Fire Marshal: No known factors affecting fire and rescue services by continuing under the current use and structures. New construction will require upgraded fire protection sources. Health Department: Health Department has no objection to request. Planning and Zoning_ This application is in response to a zoning violation complaint that staff received. The applicant was cited for expanding a non -conforming use by adding outdoor display areas, and obtaining a Conditional Use Permit is an available option to resolve this violation. This country store has been in operation since the early 1960's and has not included outdoor display areas. The Frederick County Zoning Ordinance allows for expansion of a non -conforming use, with an approved Conditional Use Permit. The applicant proposes to add an outdoor display area for the sale of figurine yard statues and other outdoor products. The applicant also proposes to add approximately 400 square feet to the existing country store. Staff would recommend any new signage be limited to one (1) illuminated freestanding business sign; not exceed fifty (50) square feet in area, and ten (10) feet in height along the frontage of Millwood Pike (Rt.50). An engineered site plan approved by the County will be required; this site plan must show all improvements to this site. The site plan shall be in conformance with all requirements of the Frederick County Zoning Ordinance. STAFF CONCLUSIONS FOR THE 01-07-04 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 prior to establishment of the outdoor display areas and expansion of the country store. All improvements identified on this site shall be completed prior to operating the business. 3. Any new signage will be limited to one (1) illuminated freestanding business sign; not to exceed fifty (50) square feet in area and no higher than ten (10) feet in height along the frontage of Millwood Pike (Rt. 50). 4. Outdoor display area shall not exceed 1000 square feet in area. 5. No on site vehicle fuel sales allowed. 6. Any expansion or change of use will require a new Conditional Use Permit. C.U.P. #10-03 January 13, 2004 Page 3 PLANNING COMMISSION SUMMARY & ACTION OF THE 01/07/04 MEETING: Under the public comments portion of this public hearing, a representative of the Winchester Isaac Walton Club, came forward to speak. The Winchester Isaac Walton Club had concerns regarding the adequacy of the sewer system because they have invested a considerable amount of money revitalizing the lake. The owner of the property responded that they are now using a pump and haul system for this property. The applicant was confident he could meet all of the recommended conditions of the conditional use permit. No other issues of concern were raised. The Commission believed the use was appropriate and they unanimously recommended approval with the conditions as recommended by the staff, as follows: 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 prior to establishment of the outdoor display areas and expansion of the country store. All improvements identified on this site shall be completed prior to operating the business. 3. Any new signage will be limited to one (1) illuminated freestanding business sign; not to exceed fifty (50) square feet in area and no higher than ten (10) feet in height along the frontage of Millwood Pike (Rt. 50). 4. Outdoor display area shall not exceed 1,000 square feet in area. 5. No on-site vehicle fuel sales allowed. 6. Any expansion or change of use will require a new Conditional Use Permit. (All members of the Commission were present.)