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Home My WebLink About15-01 BOS Staff ReportPC REVIEW: 10/03/01 BOS REVIEW: 10/24/01 CONDITIONAL USE PERMIT #15-01 "HOMESPUN GIFTS & GARDENS" Country General Store LOCATION: This property is located at 949 Cedar Creek Grade. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63 -A -2H PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Vacant; East: (City of Winchester) - Zoned: HR (High Density Residential) and LR (Low Density Residential) PROPOSED USE: Country General 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. 622, 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 States' 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. Fire Marshal: Access for emergency vehicles for ingress, turning, and egress. A residential sprinkler system is anticipated and shall be installed per NFPA standards. Recommend a fire alarm system or a minimum of smoke detection system and portable fire extinguishers. Homespun Gifts & Gardens CUP #15-01 Page 2 October 17, 2001 Inspections Department: Existing building shall comply with The Virginia Uniform Statewide Building and Section 309, Use Group M (Mercantile), of The BOCA National Building Code/ 1996. Other codes that apply are CABO Al 17.1-92, Accessible and Usable Buildings and Facilities. Please submit floor plan at the time of change of use permit application. Note: Section 110.13 for the requirements for asbestos inspection in existing structures and Table 503 of BOCA for height and area limitation for type of construction. Shall comment on handicap access at the time of site plan review. Health Department: The Health Department has no objection to the conditional use permit as long as there is adequate sewer and water for the building. The septic system must accommodate 25 gallons per day, per employee, and 10 gallons per day per parking space. Historic Resources Advisory Board: See attached letter dated 9/19/01. Sanitation Authority: We do not serve this area. Winchester Regional Airport: The Airport Authority has no objections to this request. City of Winchester Planning: The specific proposal by the applicant seems reasonably compatible with uses allowed in the City's adjacent LR (Low Density Residential) District. The City's Comprehensive Plan calls for RO-I (Residential Office) zoning in the future. This district prohibits parking by -right in the front yard and prohibits internally illuminated signs. No fireworks. Frederick Co. Staff note: The City would require the following improvements for a commercial development along Cedar Creek Grade: • Maximum freestanding sign height of six feet. • Maximum freestanding sign of 25 square feet. • Prohibition of internally illuminated signs. • Maximum building -mounted sign of 10 square feet. • Minimum setback of 15 feet for dumpsters/enclosure. • Installation of a sidewalk along Cedar Creek Grade. Planning and Zoning: The Frederick County Zoning Ordinance allows for country general stores in the RA (Rural Areas) Zoning District. This proposed use would take place in a two- story, eight -room, 2,448 sq. ft. stone and log structure. This property is located outside the UDA and SWSA as noted in the Comprehensive Policy Plan. The property is a nonconforming lot of record and has no current RA setback requirements. The proposed country store will sell a wide variety of items with an Early American theme. One of the eight rooms will be used as a store office; all other rooms will be furnished with merchandise to sell. This merchandise will include furniture, bedding, throws, pillows, games, and garden Homespun Gifts & Gardens CUP #15-01 Page 3 October 17, 2001 accessories. An on -premises kitchen will produce apple and vegetable specialties, as well as cookies and candies. There will be no service of gas or other petroleum products, and no restaurant or deli operation. STAFF CONCLUSIONS FOR THE 10-03-01 PLANNING COMMISSION MEETING: If the Planning Commission should find this use to be appropriate, staff would recommend approval with the following conditions: All review agency comments shall be complied with at all times. 2. An engineered site plan shall be approved by the County. All improvements shall be installed prior to operation of the country general store. Maximum height of freestanding sign shall be six (6) feet. 4. Maximum size of a freestanding sign shall be twenty-five (25) square feet. 5. No internally illuminated signs shall be allowed outside of the building. 6. Maximum size of a building -mounted sign shall be ten (10) square feet. 7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of fifteen (15) feet from the property line. Parking shall only be permitted behind the structure. 9. No petroleum sales, restaurant or deli operation shall be allowed. 10. Any expansion or change of use will require a new Conditional Use Permit (CUP) PLANNING COMMISSION SUMMARY & ACTION OF 10/03/01: Commissioners had questions concerning parking lot standards, how far removed this parcel was from the UDA, and if the proposed entrance crossed someone else's property. The applicants stated their desire to maintain the historic integrity of the house and property and are attempting to have the home recorded in the National Registry of Historic Places. Homespun Gifts & Gardens CUP #15-01 Page 4 October 17, 2001 Some of the Commissioners voiced opposition to the proposal because the proposed business would be located in an agricultural area. The point was made that if this structure is to be used as a business, then it should be rezoned to BI (Neighborhood Business District); they believed that conducting this activity in an RA area under a conditional use permit (CUP), in light of its potential intensiveness, would not be appropriate. The majority of the Commissioners, however, were supportive of the request. They argued that this particular CUP was completely within the intent and purpose of permitted CUPS in the RA Zoning District. It was pointed out that this was an opportunity to help save, remodel, and refurbish a historical property that was a potential tourist attraction. It was also pointed out that the HRAB had recommended approval of the CUP. Other favorable comments were that the property was quite close to the UDA and was only a quarter -mile from the City of Winchester. Commissioners noted that if a rezoning of the property was pursued, the UDA line have to be modified to accommodate the rezoning; Commissioners questioned the appropriateness of creating obstacles for a use that is allowable under a CUP. Their only request was that the site plan show an off-site entrance that served the entire parcel, as opposed to multiple entrances on Cedar Creek Grade. There were no public comments. By a majority vote, the Commission recommended approval with the same conditions as recommended by the staff, as follows: All review agency comments shall be complied with at all times. 2. An engineered site plan shall be approved by the County. All improvements shall be installed prior to operation of the country general store. 3. Maximum height of a freestanding sign shall be six (6) feet. 4. Maximum size of a freestanding sign shall be twenty-five (25) square feet. No internally -illuminated signs shall be allowed outside of the building. 6. Maximum size of a building -mounted sign shall be ten (10) square feet. 7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of fifteen (15) feet from the property line. 8. Parking shall only be permitted behind the structure. 9. No petroleum sales, restaurant or deli operation shall be allowed. 10. Any expansion or change of use will require a new Conditional Use Permit. Homespun Gifts & Gardens CUP #15-01 Page 5 October 17, 2001 The vote on this recommendation of approval was as follows: YES (TO APPROVE): Triplett, Fisher, Kriz, DeHaven, Light, Morris, Unger, Watt NO: Thomas, Wilson (Note: Mr. Richard Ours was absent from the meeting.) 0-\Agendas\CONIMENTSVCUP's\2001AHomespun.wpd