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HomeMy WebLinkAbout11-18 PC Staff ReportCONDITIONAL USE PERMIT #11-18 The Broadway Group, LLC. – Country General Store Staff Report for the Planning Commission Prepared: September 11, 2018 Staff Contact: M. Tyler Klein, AICP, Senior Planner 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 request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/19/18 Pending Board of Supervisors: 10/10/18 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to enable the construction of a country general store in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a country general store to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address site access, site lighting, screening, landscaping, signage and trash collection. Building permits are also required for all buildings and structures. 3. The following items shall be submitted to and subject to approval by VDOT prior to issuance of site plan approval: a. An intersection analysis of Route 522 (North Frederick Pike) and Route 684 (Gainesboro Road); b. A warrant analysis for signalization or alternative intersection design; c. Any agreement needed to address future intersection needs; d. A completed VDOT Commercial Entrance Site Plan Checklist; and e. A site plan addressing any intersection and signalization improvements as determined by the above analyses. 4. Hours of operation for the general public shall be limited to 8 a.m. to 9 p.m. seven days a week. 5. Any expansion or modification of this use will require the approval of a new CUP. Page 2 CUP #11-18 The Broadway Group LLC September 11, 2018 Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 3 CUP #11-18 The Broadway Group LLC September 11, 2018 LOCATION: This property is located at 4736 North Frederick Pike, Winchester, generally north of the intersection of Route 522 and Gainesboro Road (Route 684). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 29-A-55 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural/Vacant South: RA (Rural Areas) Use: Route 522/Residential/Agricultural East: RA (Rural Areas) Use: Agricultural/Vacant West: RA (Rural Areas) Use: Agricultural/Vacant PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of a 9,100 square foot (SF) country general store for a national retailer in the RA (Rural Areas) Zoning District. The proposed use will include 37 parking stalls and the hours of operation will be 8:00 a.m. to 9:00 p.m. seven (7) days a week. REVIEW EVALUATIONS: Virginia Department of Transportation: We have completed our review of the Conditional Use Permit Application for a 9,100 square foot general store to be located in the Gainesboro District of Frederick County at 4736 North Frederick Pike, Winchester Virginia. Route 522 (North Frederick Pike) is functionally classified as a Principal Arterial Roadway with a speed limit of 55 MPH at this location, and an average daily traffic (ADT) volume of 18,000 vehicles. This office has no overall objection with the proposal of the general store specified in this CUP application, but request the following items be submitted by the developer for VDOT review and approval as a condition of this CUP application at time of site plan submission. • An intersection analysis of the Routes 522 and 684 intersection be conducted. • A warrant analysis for signalization or alternative intersection design be performed. • Any agreement needed to address future intersection needs. • Completed VDOT Commercial Entrance Site Plan Checklist. • Site Plan addressing any intersection, signalization improvements needed as determined by the above-mentioned analysis. See comment email dated September 10, 2018. Page 4 CUP #11-18 The Broadway Group LLC September 11, 2018 Frederick County Inspections: No comments at this time. Comments will be made at site plan submittal. See original comment letter dated June 19, 2018. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for a Conditional Use Permit for a proposed 9 ,100 sq. ft. new country general store, to be located at 4736 North Frederick Pike, Winchester, Virginia 22603: Tax Map #29-A-55. The Applicant stated in a phone conversation that the firm will demolish the existing dwelling to create room for the new proposed store. A new proposed well will be drilled for the purpose of the store. The Applicant will engage a PE to evaluate the existing sewage disposal system for suitability. The Applicant will consider the location of a new sewage disposal system on the property, should the existing system prove unsuitable for use. The Applicant says that the food service will consist of pre-packaged food only. The Health Department has no objections to the proposed Conditional Use Permit as presented. Applicant is welcome to contact this Health Department at (540) 771 -3020 or (540) 722-3480 concerning questions about any part of this correspondence. See original comment letter dated June 25, 2018. Frederick County Fire Marshall: Approved. See original comment letter dated July 3, 2018. Planning and Zoning: This is a proposed Conditional Use Permit (CUP) for a 9,100 square foot country general store for a national retailer in the RA (Rural Areas) Zoning District; the proposal also includes 37 parking stalls for customers and staff. The Frederick County Zoning Ordinance allows country general stores in the RA Zoning District as a conditional use. A “country general store” is defined by the Zoning Ordinance as a retail business allowed where specified in the rural zoning districts which sells groceries along with a variety of other retail goods. The 4.13- acre subject property currently includes an existing single-family detached residence which would be demolished, and the property is not served by public water or sewer. The Applicant intends to provide a new well and a new commercial septic system to serve the proposed commercial use. Transportation & Access Access to the site will be provided from North Frederick Pike (Route 522). Route 522 is functionally classified as a Principal Arterial Roadway with a speed limit of 55 MPH at this location, and an average daily traffic (ADT) volume of 18,000 vehicles. Gainesboro Road (Route Page 5 CUP #11-18 The Broadway Group LLC September 11, 2018 684) intersects Route 522 south of the subject propert y’s proposed commercial entrance. Gainesboro Road serves businesses and residents near the subject property and may be a future access point to Gainesboro Elementary School and Frederick County Middle School, which are located to the east of the subject property. The Applicant is requesting a full-movement entrance in line with the intersection of Route 522 and Gainesboro Road. This entrance may exacerbate an existing traffic issue or create a new one at the intersection. VDOT has expressed concern (see comments above) with the proposed access from Route 522. VDOT and Planning and Development Staff support additional study of the proposed commercial entrance and the intersection of Gainesboro Road and Route 522 prior to any site plan approval. 2035 Comprehensive Plan The property is surrounded by RA zoned property, which includes open space, agricultural uses, and single-family detached residences. The 2035 Comprehensive Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use action. The Comprehensive Plan identifies this area of the County as “rural” and is to remain agricultural in nature and is not part of any land use study. The County’s adopted Comprehensive Plan supports the development of commercial type uses in the “Rural Areas” where they are clustered within our rural community centers (in this case, the subject property is across the street from the plans defined Gainesboro Rural Community Center), and where the uses “character and scale” is complementary to the surrounding uses. The proposed use is generally consistent with the goals and strategies expressed in the Comprehensive Plan and the surrounding properties. The Applicant has provided two examples (see images below) of potential architectural treatments for the proposed building to demonstrate the proposed character and scale is complementary to the surrounding uses and structures. Page 6 CUP #11-18 The Broadway Group LLC September 11, 2018 The sides of the building may be metal with the front of the building including mason, stone, and/or wood materials. The Applicant can propose such architectural elements as conditions that may be included with this application to ensure the character and scale is complementary. A condition of approval may be added to this CUP, if desirable, that would ensure the style of the proposed building. STAFF CONCLUSIONS FOR THE 09/19/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) to enable the construction of a country general store in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a country general store to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address site access, site lighting, screening, landscaping, signage and trash collection. Building permits are also required for all buildings and structures. 3. The following items shall be submitted to and subject to approval by VDOT prior to issuance of site plan approval: a. An intersection analysis of Route 522 (North Frederick Pike) and Route 684 (Gainesboro Road); b. A warrant analysis for signalization or alternative intersection design; Page 7 CUP #11-18 The Broadway Group LLC September 11, 2018 c. Any agreement needed to address future intersection needs; d. A completed VDOT Commercial Entrance Site Plan Checklist; and e. A site plan addressing any intersection and signalization improvements as determined by the above analyses. 4. Hours of operation for the general public shall be limited to 8 a.m. to 9 p.m., seven days a week. 5. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.