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Home My WebLink About05-16 PC Staff ReportCONDITIONAL USE PERMIT #05-16 EDWIN ELVIRA Staff Report for the Planning Commission Prepared: June 24, 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 Pending Board of Supervisors: 07/27/16 Pending EXECUTIVE SUMMARY: 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 Planning Commission 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 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 2 CUP #05-16, Edwin Elvira June 24, 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 Use: Residential 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 support the Applicant’s request provided the entrance is upgraded to meet our current commercial entrance standards. Any work performed on the State’s right-of-way will require a detailed “VDOT approved” 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 June 24, 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 – 5lb multi-purpose ABC (2A 10B/C) fire extinguisher be readily accessible within75’ of areas 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 (“Comprehensive Plan”) provides guidance when considering 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 Plan respectively. The Frederick County Zoning Ordinance allows a 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 Planning Commission 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 June 24, 2016 STAFF CONCLUSIONS FOR THE 07/06/16 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would 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