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Home My WebLink About06-11 BOS Staff Report - JulyCONDITIONAL USE PERMIT #06-11 HORTON'S NURSERY w Staff Report for the Board of Supervisors w Prepared: July 19, 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 Pending EXECUTIVE SUMMARY: This is a request for a Retail Nursery Extension of the existing Horton Nursery on Route 522 South. The Planning Commission forwarded a recommendation of approval for this application to the Board of Supervisors 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 shall identify uses on the subject parcels, 76-A-61, 76-A-62, 76-A-63, 76-A-64 and 76-A-65, prior to any business activities occurring on the parcels. 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. Eighteen employees are permitted between the months of April, May, and 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. 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 #06-11, Horton's Nursery July 19, 2011 LOCATION: This property is located at 2731 Front Royal Pike (Route 522 S). MAGISTERIAL DISTRICT: Shawnee PROPERTY 1D 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) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Residential Land Use: Residential 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 July 19, 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. Prior to operation of the retail nursery on this expanded area, 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. All heavy equipment will be stored within an enclosed structure. Staff would recommend 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). The 2007 Comprehensive Policy Plan of Frederick County ("Comprehensive Plan") and future comprehensive plans provide 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 Page 4 CUP #06-11, Horton's Nursery July 19, 2011 zoned RA (Rural Areas) Zoning District. It appears that this CUP meets the intent of the goals of the 2007 Comprehensive Policy Plan of Frederick Count. 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 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 Page 5 CUP #06-11, Horton's Nursery July 19, 2011 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.)