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006-16 (CUPEdwinElvira) CONDITIONAL USE PERMIT #05-16 EDWIN ELVIRA Staff Report for the Board of Supervisors Prepared: July 15, 2016 Staff Contact: M. Tyler Klein, AICP, 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: 07/06/16 Public Hearing Held; Recommended Approval Board of Supervisors: 07/27/16 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 07/27/16 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a retail nursery/landscaping business in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a retail nursery and landscaping business to be appropriate, staff recommends that the following conditions be attached to the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.An engineered site plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3.One, non-illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 4.Hours of operation shall be limited to 8 a.m. to 8 p.m. seven (7) days a week. 5.The site should have no more than four (4) employees. 6.Any expansion or change of use shall require a new Conditional Use Permit. The Planning Commission unanimously recommended approval with conditions of CUP #05-16 for Edwin Elvira Landscaping for a retail nursery with hardscaping display. 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 #05-16, Edwin Elvira July 15, 2016 LOCATION : This property is located at 1590 Fairfax Pike, White Post, Virginia. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER : 87-1-B PROPERTY ZONING & PRESENT USE: Zoned: Rural Areas (RA) Land Use: Mixed-Use Commercial/Office ADJOINING PROPERTY ZONING & PRESENT USE: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Vacant/Agricultural East: Rural Areas (RA) Use: Vacant/Agricultural West: Rural Areas (RA) Use: Residential PROPOSED USE: The Applicant proposes a retailing/wholesaling of nursey stock and related products including greenhouses and hardscaping displays on an existing RA property. The Applicant will utilize existing structures on site, including a single-family detached farmhouse, outbuildings for use as business offices and storage, and the existing greenhouse structures for growing/displaying retail nursery stock. The Applicant intends to use the property for a residence, production of retail nursery stock (trees, shrubs and plants), to display hardscaping materials (stone, brick and concrete) and storage. A freestanding monument sign will also be located at the drive from Route 277. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little impact on Route 277, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. We would commercial ent-of-way will require a design from a professional engineer, a Land Use Permit Application, fee, and surety. A commercial entrance is required to meet intersection sight distance, the existing entrance appears to be close to meeting intersection sight distance requirements, but this will need to be verified and shown as part of the new entrance design. Page 3 CUP #05-16, Edwin Elvira July 15, 2016 Frederick County Sanitation Authority: Applicant shall not place improvements on FCSA easement that are in violation of recorded deed of easement. Winchester-Frederick County Health Department: The Frederick County Health Department has no objection as long as there is no increase in water usage. Therefore, no employees or bathroom facilities can be added. If these items are added to the property, an OSE will have to evaluate the existing system to decide if it is adequate for additions. Frederick County Fire Marshall: Plans approved. Permit approved provided that at least 1 5 lb multi-purpose ABC (2A 10B/C) fire extinguisher be readily accessible within being used by the public. Frederick Count Inspections Department: Please see attached letter from John Trenary dated June 16, 2016. Planning and Zoning: The 2030 Comprehensive Policy Plan of Frederick County sidering land use actions. The location of this proposed retail nursey and landscaping is in a part of the County that is planned for future mixed-use commercial/office as part of the Route 277 Triangle and described in the 2030 Comprehensive Plan and Southern Frederick Area Planrespectively. The Frederick County Zoning Ordinance allows retailing or wholesaling of nursey stock and related products in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The proposed use will take place within existing structures (farmhouse, outbuildings, and greenhouse) on the 10.2-acre site and is generally compatible with surrounding agricultural and residential uses. The site was previously occupied by Ben Lea Nursery (retail nursey), with use of the site vacant for more than a year, requiring a new CUP to re-establish the use. Based on the description of the use provided by the Applicant, there will be no more than four (4) employees on-site, and hours of operation of Sunday through Saturday from 8:00 a.m. to 8:00 p.m. Staff recommends, the Board of Superviors consider flexibility in the hours of operation as seasonal variations may be appropriate. There will be one (1) monument sign with this Conditional Use Permit, a five (5) foot tall 50 square foot sign at the site entrance facing Route 277. The Applicant has agreed to the signage, hours, and days of operation. An engineered site plan will also need to be submitted, and approved by Frederick County prior to the establishment of the use. This will ensure all requirements of the Zoning Ordinance, agency comments, and final details on the layout of the site can be reviewed and approved by staff. Based upon this proposed use, the previous use of the site as a commercial nursey and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties or the environment pending a site plan is approved before the use is established. Page 4 CUP #05-16, Edwin Elvira July 15, 2016 STAFF CONCLUSIONS FOR THE 07/06/16 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staffwould recommend the following conditions: 1.All review agency comments and requirements shall be complied with at all times. 2.An engineered site plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3.One, non-illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 4.Hours of operation shall be limited to 8 a.m. to 8 p.m., seven (7) days a week. 5.The site should have no more than four (4) employees. 6.Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/06/16 MEETING: Staff reported this property is currently zoned RA (Rural Areas) and the current land use is residential/vacant. Staff presented mapping identifying the location and an outline of the property. Staff continued, the property is surrounded by RA properties on all sides including residences and vacant agricultural land. Staff explained Cottage Occupations are permitted in the RA Zoning District with an approved CUP. Staff continued this proposed Cottage Occupation is for a retail nursery and landscaping business that will take place in existing structures on the property, and would include renting the existing residence. Staff reviewed the conditions attached to this CUP, and noted that the Applicant had agreed to all conditions recommended: 1.All review agency comments and requirements shall be complied with at all times. 2.An engineered site plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3.One, non-illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. Page 5 CUP #05-16, Edwin Elvira July 15, 2016 4.Hours of operation shall be limited to 8 a.m. to 8 p.m., seven (7) days a week. 5.The site should have no more than four (4) employees. 6.Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member inquired regarding the concerns from the Health Department regarding the septic system. Staff noted that a site plan would be required as a condition of approval, and Health Department standards would be determined at time of site planning. The Applicant also came forward to address the question raised noting he understood the concerns and would proceed with the site plan to address the comments. Commission Members also noted the high reputation of the Applicant, Edwin Elvira Landscaping, and his long business presence in the community. A motion was made, seconded, and unanimously passed to recommend approval with conditions of CUP #05-16 for Edwin Elvira Landscaping for a retail nursery with hardscaping display. Absent: Manuel, Molden, and Rhodes CONCLUSION FOR THE 07/27/16 BOARD OF SUPERVISORS MEETING: Should the Board of Supervisors find this application for a retail nursery and landscaping business to be appropriate, staff recommends that the following conditions be attached to the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.An engineered site plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3.One, non-illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 4.Hours of operation shall be limited to 8 a.m. to 8 p.m. seven (7) days a week. 5.The site should have no more than four (4) employees. 6.Any expansion or change of use shall require a new Conditional Use Permit. The Planning Commission unanimously recommended approval with conditions of CUP #05-16 for Edwin Elvira Landscaping for a retail nursery with hardscaping display. Page 6 CUP #05-16, Edwin Elvira July 15, 2016 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. FAIRFAX 1450 PIKE CUP # 05 - 16 FAIRFAX 160 PIKE JOURNEYMAN LN 206 1553 Edwin Elvira WRIGHTS FAIRFAX 1555 RUN LN PIKE FAIRFAX 1579 PIN: PIKE FAIRFAX PIKE 87 - 1 - B Retail Nursery/Landscaping 1615 1597 FAIRFAX FAIRFAX 1518 PIKE PIKE FAIRFAX 1605 PIKE 127 FAIRFAX 01 APPRENTICE LN PIKE 1532 FAIRFAX 277 PIKE 1636 127 FAIRFAX APPRENTICE LN PIKE 107 APPRENTICE LN 107 APPRENTICE LN 1677 FAIRFAX PIKE CUP #05-16 1500 FAIRFAX PIKE 1675 FAIRFAX PIKE 87 1 B 109 APPRENTICE LN 201 RIDINGS LN 214 APPRENTICE LN 1702 FAIRFAX PIKE Applications Parcels Building Footprints B1 (Business, Neighborhood District) 01 B2 (Business, General Distrist) 277 B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) Note: M2 (Industrial, General District) CUP # 05 - 16 Frederick County Dept of MH1 (Mobile Home Community District) Edwin Elvira Planning & Development I MS (Medical Support District) 107 N Kent St PIN: Suite 202 OM (Office - Manufacturing Park) 87 - 1 - B Winchester, VA 22601 R4 (Residential Planned Community District) Retail Nursery/Landscaping 540 - 665 - 5651 R5 (Residential Recreational Community District) Map Created: June 13, 2016 RA (Rural Area District) Staff: mcheran/tklein RP (Residential Performance District) 0150300600Feet FAIRFAX 1450 PIKE CUP # 05 - 16 FAIRFAX 160 PIKE JOURNEYMAN LN 206 1553 Edwin Elvira WRIGHTS FAIRFAX 1555 RUN LN PIKE FAIRFAX 1579 PIN: PIKE FAIRFAX PIKE 87 - 1 - B Retail Nursery/Landscaping 1615 1597 FAIRFAX FAIRFAX 1518 PIKE PIKE FAIRFAX 1605 PIKE 127 FAIRFAX 01 APPRENTICE LN PIKE 1532 FAIRFAX 277 PIKE 1636 127 FAIRFAX APPRENTICE LN PIKE 107 APPRENTICE LN 107 APPRENTICE LN 1677 FAIRFAX PIKE CUP #05-16 1500 FAIRFAX PIKE 1675 FAIRFAX PIKE 87 1 B 109 APPRENTICE LN 201 RIDINGS LN 214 APPRENTICE LN 1702 FAIRFAX PIKE 01 277 Note: CUP # 05 - 16 Frederick County Dept of Edwin Elvira Planning & Development I 107 N Kent St PIN: Suite 202 87 - 1 - B Winchester, VA 22601 Retail Nursery/Landscaping 540 - 665 - 5651 Applications Map Created: June 13, 2016 Parcels Staff: mcheran/tklein Building Footprints 0150300600Feet