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Home My WebLink About12-00 BOS Staff ReportPC REVIEW: 09/06/00 BOS REVIEW: 09/27/00 CONDITIONAL USE PERMIT #12-00 MADISON LODGE #6 Fraternal Lodge LOCATION: This property is located on Martinsburg Pike (Route 11) north of Winchester, across from the Stonewall Elementary School. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-83 (conditional use permit will apply to the five -acre lot recently subdivided from this parcel) PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: residential/vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and EM (Extractive Manufacturing); Land Use: Residential, agricultural and quarry PROPOSED USE: Fraternal Lodge REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. However, 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: Building shall comply with the Virginia Uniform Statewide Building Code and Section 303, Use Group A (Assembly) and Use Group R (Residential) of the BOCA National Building Code/1996. Other codes that apply are CABO 117.1-92, Accessible and Usable Buildings and Facilities. All plans submitted for structural permit plans review shall be sealed by a Licensed Virginia A/E. Please indicate handicap parking and Madison Lodge #6 Page 2 September 20, 2000 egress door locations on site plan when submitted. Fire Marshal: Parking arrangement shall allow emergency vehicle access to the structure. Site plan shall address Frederick County Chapter 90, Requirements for Fire Lanes and Fire Hydrants. Plan approval is recommended. Health Department: The Frederick/Winchester Health Department has no objection to conditional use at this time. An approved sewage disposal system designed at 550 G.P.D. has been located at this site. Any changes in occupancy that exceed the capacity of this system should be submitted before issuance of a construction permit. Planning and Zoning: The application is a request by Madison Lodge #6, of the American Order of Odd Fellows, for a CUP (Conditional Use Permit) in the RA (Rural Areas) Zoning District. Specifically, the proposal is to construct a 2800 -square -foot fraternal lodge in the RA Zoning District. The lodge will be located on a five -acre lot, north of Winchester on Martinsburg Pike (Rt. 11), almost directly across from the Stonewall Elementary School. The lot was recently subdivided from a 47 -acre lot, owned by Ms. Frances G. Martin. A Conditional Use Permit is needed because the Frederick County Zoning Ordinance only allows a nationally chartered fraternal lodge in the RA Zoning District as a conditional use. The Odd Fellows Fraternal Lodge is a nationally chartered organization with over 500,000 members in 20 countries across the globe. If approved, their members will be involved in a variety of social activities throughout the community. The planning staff visited the proposed site of the fraternal lodge to determine the potential impact it may have on adjoining properties. The lot will border three small residential lots, a 20 -acre lot owned by the Cedar Land Company, and the remaining portion of Ms. Martin's property. There appears to be adequate spacing between all of the lots in the area, and the size of the fraternal lodge should not adversely affect the residential/rural nature of the area. Nonetheless, there were three issues of concern observed during the site visit. First, there would be an occasional increase in traffic associated with lodge meetings and activities. The traffic increase should be minor, however, and it is doubtful that it would negatively effect the elementary school, or any of the neighboring properties. A second issue of concern is the effect that a large sign would have on the area. The staff recommends that we limit the size of signs to a square footage that is consistent with other on -premises signs in the RA Zoning District. Third, the staff recommends that we require a site plan to avoid future problems associated with the construction of the lodge. Madison Lodge #6 Page 3 September 20, 2000 STAFF CONCLUSIONS FOR THE 09-06-00 PLANNING COMMISSION MEETING: The planning staff recommends the approval of the requested CUP with the following conditions: All review agency comments shall be complied with at all times. 2. A site plan, prepared by a certified engineer, will be submitted and approved before an occupancy permit is issued. The size of any future sign on the lot shall be limited to 50 square feet. 4. This CUP will only apply to the approved five -acre plat, which will be given a Property Identification Number when recorded. 5. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF 09/06/00: Members of the Planning Commission were primarily concerned with the type of activities that would be taking place at this fraternal lodge. The representative for the applicant, Greenway Engineering's Mr. Darren Foltz, and the Noble Grand of Madison Lodge #6, Mr. Jack Roberts, explained that meetings will be held twice a month; there are five active members and 15 non-active members; a groundskeeper will be residing on the premises; other than horseshoe pits, no other outdoor activity areas are planned; 11-12 parking spaces will be available; and they expect to generate 20-30 vehicle trips per month. They pointed out that regular meetings and activities with family members will be conducted inside the building. In addition, the building will not be rented to outsiders for social functions. Commissioners inquired why the applicants did not apply for a rezoning, based on the monetary investment involved, and the applicants replied that they wanted to maintain the residential appearance of the building and they believed the adjoining residential property owners would not be in favor of a business zoning there. In response to a suggestion of requiring the submittal of a site plan meeting commercial standards, some Commissioners were not in favor, due to the precedent -setting situation that may be created. In addition, they pointed out the limited nature of the operation and the visual impact of a structure and lot constructed to commercial standards in a residential neighborhood. There were no citizen comments concerning the proposed use. O: \Agendas\COMMENTS\CUP's\2000\MadisonLodge_CUP—pd Madison Lodge #6 Page 4 September 20, 2000 Based on the limited scale of the proposed use, the Commission believed the lodge could operate without significant impact on the adjoining residential properties and they unanimously recommended approval of the conditional use permit with the same conditions as stated by the staff, as follows: All review agency comments shall be complied with at all times. 2. A site plan, prepared by a certified engineer, will be submitted and approved before an occupancy permit is issued. 3. The size of any future sign on the lot shall be limited to 50 square feet. 4. This Conditional Use Permit will only apply to the approved five -acre plat, which will be given a Property Identification Number when recorded. 5. Any expansion or change of use will require a new Conditional Use Permit. (Note: Mr. S. Blaine Wilson, Mr. Richard C. Ours, and Mr. Robert A. Morris were absent from the meeting.) O: \Agendas\COMMENTS\CUP'sN2000\MadisonLodge_CUP. wpd