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HomeMy WebLinkAbout07-18 PC Staff Report CONDITIONAL USE PERMIT #07-18 WINCHESTER 101 LLC – Country General Store Staff Report for the Planning Commission Prepared: May 25, 2018 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission: 06/06/18 Pending Board of Supervisors: 07/25/18 Pending PROPOSAL: Request to amend Conditional Use Permit #13-96 (CUP #13-96). LOCATION: The subject property is located at 4780 Northwestern Pike, Winchester, Virginia. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/06/18 PLANNING COMMISSION MEETING: This is a request to amend existing Conditional Use Permit #13-96 (CUP #13-96) for a Country General Store, to change the hours of the operation; to a 24-hour operation by deleting the following condition: Condition 7 The permitted hours of operation of the market will be from 5:00 AM to midnight. Amended Condition7: The hours of operation will be 24-hours. Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1. A site plan must be submitted and approved for the proposed addition prior to any construction activity. 2. Any future expansion of this facility or change of use will require a new conditional use permit. 3. All review agency comments and requirements must be complied with at all times. 4. At the time of site plan submittal, a buffer shall be considered along the property line of the adjoining residence which would reduce light pollution, sound pollution, and be able to catch blowing debris. Page 2 CUP #07-18, Winchester 101 LLC. May 25, 2018 5. If an external speaker is used for the drive-in window, the volume must be controlled so it is not a noise nuisance to adjoining residences. 6. The required screening to the east of the store site may be dense low screen that would capture any blowing paper or debris that escapes from the market site. 7. The hours of operations will be 24-hours. Following the public hearing, a recommendation regarding this Conditional Use Permit application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Page 3 CUP #07-18, Winchester 101 LLC. May 25, 2018 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 application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/06/18 Pending Board of Supervisors: 07/25/18 Pending PROPOSAL: Request to amend Conditional Use Permit #13-96 (CUP #13-96). LOCATION: This property is located at 4780 Northwestern Pike, Winchester, Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 40-A-66D PROPERTY ZONING: RA (Rural Areas District) PRESENT USE: Country General Store ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential Planning and Zoning: This is a request to amend existing Conditional Use Permit #13-96 (CUP #13-96) for a country general store approved by the Board of Supervisors on December 11, 1996. Currently, this country general store has hours of operation as noted by: Condition 7 The permitted hours of operation of the market will be from 5:00 AM to midnight . The Applicant is requesting to amend Condition 7 of the CUP to: The hours of operation will be 24- hours. Page 4 CUP #07-18, Winchester 101 LLC. May 25, 2018 EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/06/18 PLANNING COMMISSION MEETING: This is a request to amend existing Conditional Use Permit #13-96 (CUP # 13-96) for a Country General Store to change the hours of the operation, to a 24-hour operation. Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1. A site plan must be submitted and approved for the proposed addition prior to any construction activity. 2. Any future expansion of this facility or change of use will require a new conditional use permit. 3. All review agency comments and requirements must be complied with at all times. 4. At the time of site plan submittal, a buffer shall be considered alo ng the property line of the adjoining residence which would reduce light pollution, sound pollution, and be able to catch blowing debris. 5. If an external speaker is used for the drive-in window, the volume must be controlled so it is not a noise nuisance to adjoining residences. 6. The required screening to the east of the store site may be dense low screen that would capture any blowing paper or debris that escapes from the market site. 7. The hours of operation will be 24-hours. Following the public hearing, a recommendation regarding this Conditional Use Permit application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission.