HomeMy WebLinkAbout05-16 ResolutionAction:
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RESOLUTION
PLANNING COMMISSION: July 6, 2016 -Recommended Approval
BOARD OF SUPERVISORS: July 27, 2016 ] APPROVED DENIED
RESOLUTION
CONDITIONAL USE PERMIT #05 -16
EDWIN ELVIRA
WHEREAS, Conditional Use Permit #05 -16 of Edwin Elvira, submitted by Edwin Elvira
for a retail nursery /landscaping business in the RA (Rural Areas) Zoning District was
considered. The Property is located at 1590 Fairfax Pike, White Post, Virginia and is further
identified with Property Identification Number 87 -1 -B in the Opequon Magisterial District;
and
WHEREAS, the Frederick County Planning Commission held a public hearing on the
Conditional Use Permit on July 6, 2016, and recommended approval of the Conditional
Use Permit with conditions: and,
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this
Conditional Use Permit during their regular meeting on July 27, 2016; and,
WHEREAS, the Frederick County Board of Supervisors finds the approval of this
Conditional Use Permit to be in the best interest of the public health, safety, welfare, and
in conformance with the Comprehensive Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise
the zoning map to reflect that Conditional Use Permit Application #05 -16 for a retail
nursery /landscaping business on the parcel identified by Property Identification Number
PIN) 87 -1 -B with the following conditions:
All review agency comments and requirements shall be complied with at all
times.
PDRes #23 -16
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.
Passed this 27th day of July, 2016 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
Robert A. Hess Absent Judith McCann - Slaughter Aye
Gene E. Fisher Aye Blaine P. Dunn Aye
Robert W. Wells Aye
A COPY ATTEST
renda G. Garton
Frederick County Administrator
PDRes #23 -16 2
BOS Res. X1006 -16
0 •
COUNTY of FREDERICK
Department of Planning and Development
540/ 665 -5651
Fax: 540/ 665 -6395
July 28, 2016
Mr. Edwin Elvira
225 Caldwell Lane
Winchester, VA 22602
Re: CUP #05 -16
Property Identification Number 87 -1 -B
Dear Mr. Elvira:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on
July 27, 2016. Conditional Use Permit #05 -16 was approved for a retail nursery /landscaping. Further
conditions associated with the approval of the Conditional Use Pen-nit include the following:
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.
If you have any questions regarding this action, please feel free to call this office.
Sincerely'
M. Tyler Klei , AICP
Planner
MRC /pd
cc: Robert Wells, Board of Supervisors, Opequon District
Robert S. Molden and Roger Thomas, Opequon Planning Commissioners
Jane Anderson
Commissioner of Revenue
Inspection Department
Frank McDonald 1590 Fairfax Pike, White Post, VA 22663
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000