Loading...
HomeMy WebLinkAbout09-01 BOS Staff ReportPC REVIEW: 07/02/01 BOS REVIEW: 08/08/01 CONDITIONAL USE PERMIT #09-01 ALKIRE'S GENERAL STORE (Martin Niessner, Jr.) LOCATION: This property is located at 9263 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 06-A-77 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Alkire's General Store ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and B2 (Business General) District; Land Use: Residential and Commercial PROPOSED USE: Add restaurant space to existing general store. (See attached "Additional Comments Attached Page"from the applicant.) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The existing northernmost entrance does not meet VDOT minimum standards for egress. Minimum sight distance is not obtainable at this entrance. However, VDOT may support access from Rt. 694 as proposed in your current site plan presently under review. Fire Marshal: "Fire Lane No Parking" signs and markings required at all means of ingress and egress. Portable fire extinguishers are recommended. Requirements of Virginia Statewide Fire Prevention Code, Chapter 3 (copy provided). Plan approval is recommended. Inspections Department: Renovation shall comply with The Virginia Uniform Statewide Building_Code and Section 303, Use Group A (Assembly), of The BOCA National Building Code/1996. Note section 1110.2. 1, exception #1 (ADA 20% rule for renovations)ofBOCA. Permit shall be applied for the change of use of the area. The floor plan submitted for permit Alkire's General Store, CUP #09-01 Page 2 July 26, 2001 application shall be sealed by a licensed Virginia Architect/Engineer. Please note Section 110.1.3 of The VUSBC for the requirements of asbestos inspection prior to renovations. Health Department: See attached memo dated .Pune 5, 2001. Planning and Zoning: The existing Alkire's General Store is a legally non -conforming use. The application for the Conditional Use Permit (CUP) is to add a restaurant function within the existing building. No exterior alterations to the building are being proposed. Approximately half of the existing store is being proposed to be converted into a restaurant which would contain six tables with 24 seats. Chapter 165-140 Section C of the Frederick County Zoning Ordinance states that "A non -conforming structure or use may be expanded or modified only if such expansion or modification will not result in an increase in the degree of nonconformity." It is the opinion of staff that the proposed modification increases the degree of nonconformity; therefore, a CUP is required to establish this use. An adjacent property, Zoned B2 (Business General) contains a gasoline service station with retail food and drinks service, and six tables to accommodate a restaurant serving pizza and sandwiches. An inspection of the property revealed that the parking area is not delineated by striping or wheel stops. For the proposed restaurant space of 1,040 square feet, the Zoning Ordinance requires that 11 spaces are to be provided (one space per 100 sq. ft. area). The remaining retail portion of the store containing approximately 1,470 square feet requires eight additional spaces (one space per 200 sq. ft. of area). Two parking spaces can be allowed at either side of the two-sided fuel pump. The total parking spaces required for the proposed end use would be 19. The parking area does not appear to be adequate for the proposed 24 -seat restaurant addition, nor do adequate travel aisles exist on-site. Two of the review agencies have indicated some concerns with this CUP application. The Department of Transportation comment revealed that the northernmost entrance does not meet minimum standards for sight distance due to topography. VDOT has indicated their preference to use Route 694 (Cumberland Trail Road) for egress from the site. The Health Department provided an evaluation for a sewage disposal system which may accommodate fewer seats than what is being proposed in the restaurant. Also, the Health Department has indicated that the current existing sewage disposal system has not been evaluated and that a public water supply may be required. STAFF CONCLUSIONS FOR THE 07-02-01 PLANNING COMMISSION MEETING: The proposed addition of a restaurant facility within the existing Alkire's General Store would not be a detriment to the surrounding properties or the character of the district. Staff is of the opinion that currently, the application for this CUP has not adequately addressed the requirements to attain approval. The proposed addition of a restaurant facility within the Alkire's General Store, CUP #09-01 Page 3 July 26, 2001 existing Alkire's General Store has several issues summarized above which should be addressed before the CUP application is approved. 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) A site plan shall be approved by Frederick County and all site improvements completed prior to the use of this property as a restaurant. 3) Appropriate parking and maneuvering areas shall meet the requirement of Section 165-27 of the Frederick County Zoning Ordinance. Parking and maneuvering areas shall be improved to contain asphalt, striping and concrete wheel stops. 4) The sewage disposal and water supply system must meet all applicable Health Department regulations. Modifications to these systems (if necessary) must be completed prior to the use of this property as a restaurant. 5) Any change of use or modification will require a new CUP application. PLANNING COMMISSION SUMMARY & ACTION OF 07/02/01 MEETING: Commission members had various questions regarding the appropriateness of having two uses on a site with one being a non -conforming use and one being a conditional use. There were questions regarding the logistics of expanding one or the other use and how it would be handled. There were also questions regarding the uncertainty of comments received by the Health Department. The Staff pointed out that recommended Conditions #2 and #4 would require a review and approval by the Health Department before utilization of the restaurant facility. There were no public comments. The Planning Commission had no outstanding concerns with the proposal and believed the proposed addition of a restaurant facility within the existing Alkire's General Store would not be a detriment to the surrounding properties or the character of the district. Commissioners also believed that the conditions placed on the CUP were comprehensive enough to take care of any potential concerns by the reviewing agencies. The Commission unanimously recommended approval with the same conditions recommended by the staff, as follows: Alkire's General Store, CUP #09-01 Page 4 July 26, 2001 1) All review agency comments and requirements must be complied with at all times. 2) A site plan shall be approved by Frederick County and all site improvements completed prior to the use of this property as a restaurant. 3) Appropriate parking and maneuvering areas shall meet the requirement of Section 165-27 of the Frederick County Zoning Ordinance. Parking and maneuvering areas shall be improved to contain asphalt, striping and concrete wheel stops. 4) The sewage disposal and water supply system must meet all applicable Health Department regulations. Modifications to these systems (if necessary) must be completed prior to the use of this property as a restaurant. 5) Any change of use or modification will require a new CUP application. (Note: Mr. Ours, Mr. Triplett, Mr. Wilson, and Mr. Unger were absent from the meeting.) 0 \Agendas\COMNMNTS\CUP's\2001 W kires.wpd