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HomeMy WebLinkAbout07-18 BOS Staff ReportCONDITIONAL USE PERMIT #07-18 WINCHESTER 101 LLC – Country General Store Staff Report for the Board of Supervisors Prepared: July 17, 2018 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission: 06/06/18 Recommended Denial 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 07/25/18 BOARD OF SUPERVISORS 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 may be 24-hours. Should the Board of Supervisors 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. July 17, 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 operation may be 24-hours. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 3 CUP #07-18, Winchester 101 LLC. July 17, 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 Recommended Denial 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 may be 24-hours. Page 4 CUP #07-18, Winchester 101 LLC. July 17, 2018 STAFF CONCLUSION 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 along t he 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 may be 24-hours. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 06/06/18 MEETING: Staff reported this is a revision to the conditions of Conditional Use Permit #13-96 submitted to change the hours of operation. Staff continued, the property is zoned RA (Rural Areas) and the current land use is Country General Store (CUP #13-96); a location map of the property was presented. Staff explained, CUP #13-96 was approved by the Board of Supervisors on December 11, 1996. Mr. Cheran continued, one of the conditions of CUP #13-96 is the hours of operation being 5:00 a.m. to midnight; the Applicant is requesting to amend this condition, changing the hours of operation to being opened 24-hours. Staff noted, the only change in the conditions would be changing the hours (Condition #7, hours of operation). Mr. Vicci Prea, General Manager of Winchester 101, LLC came forward and explained this location is a last stop for some heading towards West Virginia. The Applicant commented staying open 24-hours would improve the safety of the store and provide a service that customers Page 5 CUP #07-18, Winchester 101 LLC. July 17, 2018 have requested. A Commission Member disagreed that staying open 24-hours would improve safety issues. A Commission Member inquired how many employees would be working during the extended hours. Mr. Prea explained three employees will work until 11:00 p.m. and two employees will work until the morning. A Commission Member asked what types of trucks come by the store in the middle of the night and inquired if they are refueling trucks. Mr. Prea stated refueling trucks typically comes around 4:00 a.m. Ms. Brenda Newcome who lives across from the store spoke in opposition of extending the store hours. She explained the lights are too bright in the middle of the night and there are a lot of trucks going into the store at night causing a tremendous amount of noise. Ms. Newcome concluded, she does not want to see this store become a truck stop and feels the extended hours are not necessary. Mr. William Shevokas, a nearby property owner commented this store from the inception has been the cause of destruction of peace and tranquility in the neighborhood. Mr. Shevokas continued, traffic is horrendous; the gas station is a magnet for big trucks and motorcycles; noise is a problem during the day and night. Mr. Shevokas concluded the store has been robbed before and he fears for the safety of surrounding neighbors. Mr. Mark Stivers of Gainesboro spoke in opposition of the amended hours. Mr. Stivers noted, the light pollution from the store is astounding and feels there should not be 24 -hours of operation granted. Mr. Edward Menefee, owner of the adjoining property came forward. Mr. Menefee shared his concerns: there is no storm water management in place, run off goes to his property; the traffic and noise are a problem; the buffer on the original site plan has not been maintained, trash continuously blows on his property. Mr. Menefee requested this application be denied. Mr. James Bucher came forward and commented he lived in the house next to the store and feels the store should stay open 24-hours. Mrs. Catherine Bucher once resided beside the store and commented she agrees with both sides of this situation. Mrs. Barbara Menefee the adjoining property owner emphasized her lot and the store lot are part of Devland Estates; noise is an issue for this neighborhood. Mrs. Menefee commented this is not an essential service to the community; the conditions are very minimal; and this is no longer a “Country Store”. She requested this application be denied. A Commission Member inquired is this store grandfathered. Staff explained the CUP in 1996 was for an expansion. The Commission Member commented it appears the current store is in violation of two conditions: one for buffers, trash, lighting; and the second for the hours of operations. Staff explained with the site plan submitted in 1996, there is a fence on the east side and storm water management was approved at that time. Mr. Cheran noted the Applicant has Page 6 CUP #07-18, Winchester 101 LLC. July 17, 2018 been cited for violating the hours of operation. A Commission Member inquired how many times has the present owner been cited for violating conditions of the CUP. Staff noted the current owners have been citied once for violating the hours of operation. A Commission Member shared he is not in favor of extending the hours of operation; the need to pull CUP’s for violating conditions should be addressed. A Commission Member commented that CUP’s convey with the property however, violations convey to the owner. Staff noted that is correct. A motion was made, seconded, and unanimously passed to recommend denial of CUP #07-18, specifically to amend condition 7 the hours of operation. (Note: Commissioners Mohn, Manuel, Molden, and Unger were absent from the meeting.) CONCLUSION FOR THE 07/25/18 BOARD OF SUPERVISORS 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 fro m 5:00 AM to midnight. Amended Condition7: The hours of operation may be 24-hours. Should the Board of Supervisors 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. 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. Page 7 CUP #07-18, Winchester 101 LLC. July 17, 2018 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 may be 24-hours. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.