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HomeMy WebLinkAbout06-11 PC Staff ReportCONDITIONAL USE PERMIT #06-11 HORTON’S NURSERY Staff Report for the Planning Commission Prepared: June 15, 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 Pending 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. 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 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. Establish a 25-foot full landscaped buffer against any adjoining residential lots. 7. Approval of this CUP will void CUP #06-06. 8. Any expansion or change of use will require a new Conditional Use Permit. Following the requisite 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 #06-11, Horton’s Nursery June 15, 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 Page 3 CUP #06-11, Horton’s Nursery June 15, 2011 right-of-way to limit egress/ingress to properties along Fires Loop Road in front of these lots. If 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 June 15, 2011 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 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 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. Establish a 25-foot full landscaped buffer against any adjoining residential lots. 8. Any expansion or change of use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.