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Home My WebLink About08-21 BOS Staff ReportCONDITIONAL USE PERMIT #08-21 SOUTHERN STATES WINCHESTER COOPERATIVE INC. LLC Staff Report for the Board of Supervisors Prepared: November 30, 2021 Staff Contact: John A. Bishop, AICP, Assistant Director-Transportation 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: 11/17/21 Recommended Approval Board of Supervisors: 12/08/21 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) submitted for Agricultural Supply Cooperative. Should the Board of Supervisors find this application to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Frederick 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 additional regulations for specific uses outlined in §165-204.34 of the Frederick County Zoning Ordinance and be in general conformance with the Sketch Plat for Conditional Use Permit for Southern States, included with the CUP application, prepared by GreyWolfe, Inc., dated July 26, 2021. 3. Any expansion or modification of this land use will require the approval of a new CUP. 4. To comply with the Historic Resources Advisory Board comments, the applicant shall incorporate a vegetative buffer of 1 native species tree per 40 feet along U.S. 11 frontage. 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 2 CUP #08-21, Southern States Winchester Cooperative, Inc. November 30, 2021 LOCATION: The subject property is located at 5844 Valley Pike, Stephens City. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-46A PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: Town of Stephens City Use: Agricultural Supply Cooperative South: B2 (General Business) Use: Drive-In Movie Theater East: RA (Rural Areas) Use: Residential West: Town of Stephens City Use: Agricultural Supply Cooperative PROPOSED USE: Agricultural Supply Cooperative REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 11 (Valley Pike), the VDOT facility providing access to the property. The exhibit identifies access to the expansion property will be via the existing Southern States entrance. The existing entrance on Route 11 appears adequate for the proposed CUP. Should the use ever expand in the future, the entrance will need to be reviewed to determine if additional improvements may be required. See attached comments dated August 11, 2021. Frederick Water: No comment at this time. See attached comments dated July 28, 2021. Frederick County Inspections: Building(s)/Structures shall comply with The Virginia Construction Code (VCC) 2018, Section 304, B-Business Use Group. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities, International Fire Code 2018, Virginia Plumbing Code (VPC) 2018, and Virginia Energy Code 2018. Demo Permit is required to remove existing structure. An asbestos inspection is required. If Page 3 CUP #08-21, Southern States Winchester Cooperative, Inc. November 30, 2021 asbestos containing materials are found, an asbestos permit is required. A building permit is required for tanks and structures. Storage of hazardous materials shall comply with Chapter 3 of the Virginia Building Code. A detailed site plan depicting elevation marks and location/size of buildings is required. An accessible route shall be provided from parking/unloading area to the main entrance. The main entrance shall be accessible, and an accessible route shall be provided throughout the work area. Van accessible signage shall be provided. Exceptions apply. Restrooms shall be provided for the employees and shall be accessible to the public. Please note the requirements in Chapter 17 of VBC for special inspection requirements on the type of structure (Soils, concrete etc.) Geotech report is required. See attached comments dated August 4, 2021. Frederick County Fire Marshall: See attached comments dated July 30, 2021. Town of Stephens City: The Town of Stephens City has no opposition to the proposed conditional use permit for the property designated by the PIN 85-A-46A. The requested conditional use as described within the application is consistent with the current land use of the adjacent property designated by the PIN 85-A-46B as well as the Joint Land Use Plan. Should further comment or clarification be required please do no hesitate to contact the Town Office. See attached comments dated August 27, 2021. Historic Resources Advisory Board (HRAB): See attached comments dated October 28, 2021 Planning and Zoning: The Frederick County Zoning Ordinance allows for Agricultural Supply Cooperatives as a conditional use in the RA (Rural Areas) Zoning District. The Zoning Ordinance prescribes the following additional regulations for specific uses (§165-204.34): A. The sale of agricultural and garden machinery shall only be permitted as an accessory use. B. The repair of agricultural and garden machinery shall be prohibited. C. The on-site sale of gasoline, off-road diesel, and other liquid fuels shall not be permitted on premises, however off-site sale (via delivery) of gasoline, off-road diesel, and other Page 4 CUP #08-21, Southern States Winchester Cooperative, Inc. November 30, 2021 liquid fuels shall be permitted, and propane shall be permitted to be sold on the premises. D. A site plan shall be submitted to and approved by Frederick County prior to the establishment of the use. E. B2 (General Business) Zoning District standards apply, including but not limited to building height, building setbacks, parking setbacks, buffering, screening, and landscaping. The above requirements, specifically, the requirement to fulfill B2 (General Business) Zoning District standards, will be addressed at time of site plan. The 2035 Comprehensive Plan of Frederick County (“Comprehensive Plan”) is a guide for making decisions regarding land use actions. The Town of Stephens City Joint Land Use Plan designate the subject property to be “highway commercial”. The proposed use, Agricultural Supply Cooperative is generally commercial in nature in conformance with the proposed future land use. Additionally, the proposed use is an expansion of the existing Southern States business immediately to the north and within the limits of the Town of Stephens City. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/17/21 MEETING: The Planning Commission held a public hearing to consider this conditional use permit on November 17, 2021. No members of the public spoke. The Planning Commission unanimously recommended approval of the conditional use permit for expansion of Southern States Winchester Coop operations. STAFF CONCLUSIONS FOR THE 12/08/21 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for an Agricultural Supply Cooperative. Should the Board of Supervisors find this application to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments provided during the review of this application shall be complied with at all times. 2. An engineered site plan, in accordance with the requirements of Article VIII of the Frederick 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 Page 5 CUP #08-21, Southern States Winchester Cooperative, Inc. November 30, 2021 additional regulations for specific uses outlined in §165-204.34 of the Frederick County Zoning Ordinance and be in general conformance with the Sketch Plat for Conditional Use Permit for Southern States, included with the CUP application, prepared by GreyWolfe, Inc., dated July 26, 2021. 3. Any expansion or modification of this land use will require the approval of a new CUP. 5. To comply with the Historic Resources Advisory Board comments, the applicant shall incorporate a vegetative buffer of 1 native species tree per 40 feet along U.S. 11 frontage. 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.