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HomeMy WebLinkAbout06-11 BOS Staff Report - AugustCONDITIONAL USE PERMIT #06-11 HORTON’S NURSERY Staff Report for the Board of Supervisors Prepared: August 2, 2011 Staff Contact: Mark R. Cheran, Zoning Administrator 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: 07/06/11 Recommended approval Board of Supervisors: 07/27/11 Tabled by BOS 08/10/11 Pending EXECUTIVE SUMMARY: This is a request for a Retail Nursery expansion of the existing Horton’s Nursery on Route 522 South. The Planning Commission recommended approval of the Conditional Use Permit during their meeting on July 6, 2011. Following discussion with the Board of Supervisors and staff, and the submission of a statement of understanding and commitment from the property owner dated August 2, 2011, the conditions have been slightly revised. Should the Board of Supervisors 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. In lieu of an engineered site plan, the applicant shall implement the site improvements as noted with the signed property owner statement dated August 2, 2011. As noted in the statement, the improvements shall be in place by May 1, 2012. 3. One non-illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square-feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Approval of this CUP will void CUP #06-06. 6. Any expansion or change of use will require a new Conditional Use Permit. 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 #06-11, Horton’s Nursery August 2, 2011 LOCATION: This property is located at 2731 Front Royal Pike (Route 522 S). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-61, 76-A-62, 76-A-63, 76-A-64 and 76-A-65 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Retail Nursery (CUP # 06-06) ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE: This application is for an expansion of a retail nursery. REVIEW EVALUATIONS: Virginia Department of Transportation: The following comment is from Greg Hoffman of VDOT, dated June 7, 2011: I have discussed the issue with Mr. Ingram concerning leaving a break in the fence on Lot 75-A-61 to separate the residential from the commercial uses. There will have to be a fence and gate erected to separate the two uses. There must not be any commercial use of the residential entrance on Route 522. This will need to be shown on the engineered plans that will be submitted. The following comment is from Greg Hoffman of VDOT, dated May 12, 2011: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 522 South and Route 760, the VDOT facilities which would provide access to the property. We have the following comments: Route 522: Access to Lot 76-A-61 from Route 522 must be restricted to residential use only. Commercial traffic must utilize an interparcel connection between Lot 76-A-61 and Lot 76-A-62. Owner must demonstrate segregation of use between commercial and residential traffic on Lot 76-A-61 by a wall or fence with no access to Route 522. If this is not possible, the entrance on Route 522 must be removed and all traffic for Lot 76-A-61 must utilize an interparcel connection with Lot 76-A-62. Route 760: It is recommended that access to Lots 76-A-64 and 76-A-65 be provided by an interparcel connection from Lot 76-A-63. Existing entrance on Lot 76-A-63 must be upgraded to meet VDOT standards for a low volume commercial entrance and a ditch line or a fence installed off VDOT right-of-way to limit egress/ingress to properties along Fires Loop Road in front of these lots. If Page 3 CUP #06-11, Horton’s Nursery August 2, 2011 interparcel connectivity cannot be achieved, a low volume commercial entrance(s) shall be installed to Lots 76-A-64 and/or 76-A-65. Plans showing improvements on VDOT right-of-way to Route 522 and Fries Loop Road must be submitted to VDOT for review and approval. A VDOT Land Use Permit will be required for any work performed on the VDOT right-of-way. Frederick County Fire Marshall: Emergency vehicles need to be able to get in and out. Frederick County Inspections: No comment required; no structure proposed. Frederick County Department of Public Works: No comments at this time Frederick County Sanitation Authority: N/A Frederick-Winchester Health Department: No material of any kind (trees, stone, soil, evergreens, etc.) may be stored on or within ten feet at: existing drainfield, reserve area, any and all septic system components, including but not limited to treatment unit, septic tank, pump tank, conveyance line, force main, sewer line, etc. No equipment may be used on those areas, and no road (temporary or permanent) may cross or bisect any portion of the septic system and above mentioned components. (This includes the reserve area.) Planning and Zoning: The current retail nursery is located on parcel 76-A-62, a 5.57+/- acre tract of land, which was approved via CUP #06-06 on September 27, 2006. This use currently has 18,400 square feet of showroom, and 18,900 square feet of greenhouse area. A nursery stock area is placed behind the greenhouse structure, extending to the rear of the property. This property was cited with a zoning violation for expanding this use beyond the limits set forth by CUP #06-06. CUP application #06-11 is intended to resolve the zoning violation. This Conditional Use Permit (CUP) will encompass parcels 76-A-61, 62, 63, 64 and 76-A-65 with a total acreage of 11.07 +/- acres in size. Currently parcels 76-A-61 and 76-A-65 are being used for storage of nursery stock and stones. The northern part of parcel 76-A-65 and parcel 76- A-64 will be for future expansion. A 25-foot full landscaped buffer against any adjoining residential lots will be required. Prior to operation of this expanded retail nursery, an engineered site plan will be submitted to, and approved by, Frederick County. This site plan will address all of the requirements of the Frederick County Zoning Ordinance as well as the uses on the above referenced parcels. (See enclosure) All heavy equipment will be stored within an enclosed structure. Staff would recommend that that no new signage be permitted; signage to be limited to one (1) non-illuminating, freestanding business sign no higher than ten (10) feet and a maximum of twenty-five (25) square feet is area. This requirement is in keeping with the rural nature of this area and preventing a typical commercial strip along the eastern side of Front Royal Pike (Route 522). Page 4 CUP #06-11, Horton’s Nursery August 2, 2011 The 2030 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering any land use actions. This proposed use is located on property identified within the Comprehensive Plan to remain rural and is not part of any land study. The properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas) Zoning District. It appears that this CUP meets the intent of the goals of the 2030 Comprehensive Policy Plan of Frederick County. STAFF CONCLUSIONS FOR THE 07/06/11 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on 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 within six months of approval of this CUP. 3. One non-illuminated, freestanding business sign shall be allowed shall be allowed with this CUP. This sign shall not exceed 25 square-feet ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Eighteen employees are permitted between the months of April-June, while the remainder of the time, the site shall have no more than six employees. 6. Approval of this CUP will void CUP #06-06. 7. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/06/11 MEETING: Commission members generally had no objections to the use taking place. However, they had concerns about how an expansion of use or intensity would be measured without first seeing the details on an engineered site plan, particularly since the size of the property has increased from five acres to eleven acres. It appeared that a couple parcels to the north had no activity; some Commissioners felt it may not be appropriate to include the vacant parcels with this CUP because they were currently not in a use associated with the nursery. It was noted that if the owner brought heavy equipment onto the property, a structure would have to be built to house the equipment, which could be considered as an increase in the intensity of use. There was also some discussion on the fact that six parcels were shown; however, only five property Page 5 CUP #06-11, Horton’s Nursery August 2, 2011 identification numbers were listed. A Commissioner had suggested it may be beneficial to amend the sketch to clarify the boundaries of the use and the activity taking place on the northern parcels in order to get a better understanding about how the site is intended to be used under the CUP. Another Commissioner preferred not to see heavy equipment or buildings placed next to adjoining residential neighbors in a manner that would negatively affect their property values or the appearance of their properties. Commission members wanted to know if the applicant was comfortable with the conditions, particularly #5, which limited the number of employees during various times of the year. The applicant/owner came forward and explained when he purchased the additional parcels, what he is currently storing and/or using the properties for, and what his intentions were for the future use of the parcels. The applicant was comfortable with the proposed conditions and also with the number of employees indicated. There were no citizen comments. The Planning Commission was satisfied the applicant understood that any expansion of the current use would require a new CUP, and they were satisfied the applicant was comfortable with the conditions of the CUP. The Commission unanimously recommended approval with 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 are to be completed within six months of approval of this CUP. 3. One non-illuminated, free-standing business sign shall be allowed with this CUP. This sign shall not exceed 25 square feet or ten feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Eighteen employees are permitted between the months of April-June, while the remainder of the time, the site shall have no more than six employees. 6. Approval of this CUP will void CUP #06-06. 7. Any expansion or change of use will require a new CUP. (Note: Commissioner Crockett was absent from the meeting.) Page 6 CUP #06-11, Horton’s Nursery August 2, 2011 BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 07/27/11 MEETING: The Board of Supervisors held a public hearing on this proposed Conditional Use Permit on July 27, 2011. One citizen spoke regarding concerns about outdoor storage on the property adjoining his. The Board voted to table this application to allow the applicant to work with staff to address the outdoor storage and site development issues. ACTIONS SINCE 07/27/11 MEETING: On August 2, 2011, staff met with the applicant to address outdoor storage and site development issues associated with this proposed use. The applicant, in lieu of an engineered site plan, has provided a five page signed agreement dated August 2, 2011 that addresses identified uses and locations, and necessary site improvements including buffer, screening, and site access. All the improvements shall be in place by May 1, 2012. The agreement is enclosed within this package. CONCLUSIONS FOR THE 08/10/11 BOARD OF SUPERVISORS MEETING: The Planning Commission recommended approval of the Conditional Use Permit during their meeting on July 6, 2011. Following discussion with the Board of Supervisors and staff, and the submission of a statement of understanding and commitment from the property owner dated August 2, 2011, the conditions have been slightly revised. Should the Board of Supervisors 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. In lieu of an engineered site plan, the applicant shall implement the site improvements as noted with the signed property owner statement dated August 2, 2011. As noted in the statement, the improvements shall be in place by May 1, 2012. 3. One non-illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square-feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Approval of this CUP will void CUP #06-06. 6. Any expansion or change of use will require a new Conditional Use Permit.