HomeMy WebLinkAbout06-06 BOS Staff ReportCONDITIONAL USE PERMIT #06-06
HORTON INVESTMENT LLC
Staff Report for the Board of Supervisors
Prepared: September 11, 2006
Staff Contact: Kevin T. Henry, Planning Technician
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: 09/06/06 Recommended Approval
Board of Supervisors: 09/27/06 Pending
LOCATION: This subject property is located at 2731 Front Royal Pike (Route 522).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 76-A-62
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Vacant
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: Vacant
PROPOSED USE: Retail Nursery
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property
appears to have little measurable impact on Route 522, the VDOT facility which would provide
access to the property. This site’s direct access to Route 522 will be an entrance for inbound
traffic only. Outbound traffic will be required to access Route 522 via Route 760. 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. Any work performed on the State’s right-of-way must be
CUP #06-06, Horton Investment LLC
September 11, 2006
Page 2
covered under a land use permit. The permit is issued by this office and requires an inspection fee
and surety bond coverage.
Fire Marshal: Plans approved as submitted. Plan approval recommended.
Inspections Department: No comment or permit required provided structures meet the exemptions
in Section 102.3 (2) and the definition of farm buildings and structure under the Virginia Uniform
Statewide Building Code.
Winchester-Frederick County Health Department: Health Department has no objections so long
as sewage disposal permit is applied for and received.
Planning & Zoning: This proposed Conditional Use Permit (CUP) is for a Retail Nursery. This
proposed use will take place on a 5.57 acre tract of land located in the RA (Rural Areas) Zoning
District. The Frederick County Zoning Ordinance allows for retailing of nursery stock in the RA
Zoning District with an approved CUP.
This proposed use will have 20,000 square feet of showroom, and attached to the rear of the
showroom will be 40,000 square feet of greenhouse. The nursery stock will be placed behind this
structure, extending to the rear of the property. The front yard area will contain 50 parking spaces
and entrance/exit to the property. VDOT has indicated that the driveway along Front Royal Pike
(Route 522) is strictly limited to an entrance and outbound traffic will be required to access Route
522 through Fries Loop Rd. (Route 760).
Prior to operation of this retail greenhouse, an approved engineered site plan will be required. This
site plan will address all of the requirements of the Frederick County Zoning Ordinance. This site
plan will address the driveways and parking requirements. All heavy equipment will be stored
within the greenhouse. Staff would recommend that signage be limited to one (1) non-illuminating
freestanding business sign no higher than ten (10) feet. This freestanding business sign shall be a
maximum of twenty-five (25) square feet. This requirement is in keeping with the rural nature of
this area and preventing a typical commercial strip along Front Royal Pike (Route 522).
The 2003 Frederick County Comprehensive Policy Plan identifies this property within the Southern
Frederick Land Use Plan. The 2003 Comprehensive Policy Plan states that commercial uses should
be concentrated around interstate, arterial, and major collector interchanges and intersections (p. 6-
42.2). Front Royal Pike (Route 522) is identified in the Frederick County Comprehensive Policy
Plan as a minor arterial road. This proposed business will be taking place just north of the Tasker
Road intersection, which is identified as a major collector. It appears that this business meets the
intent of the goals of the Southern Frederick Land Use Plan within the Frederick County
Comprehensive Policy Plan.
CUP #06-06, Horton Investment LLC
September 11, 2006
Page 3
STAFF CONCLUSIONS FOR THE 09/06/06 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 prior to
business activities.
3.One (1) non-illuminated freestanding business sign shall be allowed on the property; sign
shall be limited to twenty-five (25) square feet in area. The sign shall not exceed ten (10)
feet in height.
4.The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance
and the driveway that adjoins Fries Loop Rd (Route 760) shall be the exit for accessing
Front Royal Pike (Route 522).
5.Four (4) employees would be the maximum allowance for this Conditional Use Permit.
6. Any expansion or change of use will require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY & ACTION OF THE 09/06/06 MEETING:
Mr. Henry informed the Commission that since nursery sales tend to vary with the seasons, 18
employees would be needed during the busiest months of April, May, and June, while throughout the
remainder of the year, only between four and six employees would be desired.
VDOT representative, Lloyd Ingram, was available to go over the site entrance and exit
requirements. He stated that the driveway along Front Royal Pike would be strictly limited to an
entrance and all outbound traffic would be required to access Route 522 through Fries Loop Road
(Route 760). He noted an old existing right-of-way from a previous footprint and he described how
the connection would work. Staff noted that the right-of-way has already been platted through the
Clem property to Fries Loop Road. It was also noted that a commercial-grade ingress and egress
would be required; however, it would not be necessary for the parking area to be paved.
In addition, some Commissioners were concerned about conducting an operation of this scale under
a conditional use permit and they asked why the applicant had not considered rezoning. They
recognized this was an agricultural business, but noted it was also a large commercial operation.
They questioned whether this was really the intent of a conditional use permit operation. Their
concern was based on the fact that a series of complaints could cause the county to revoke the permit
after the applicant had invested a considerable amount of money into the business.
There were no public comments.
The Planning Commission unanimously recommended approval of the conditional use permit 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 prior to
business activities.
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 feet in height.
4.The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance and
the driveway that adjoins Fries Loop Rd (Route 760) shall be the exit for accessing Front
Royal Pike (Route 522).
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. Any expansion or change of use will require a new Conditional Use Permit.
7. Establish a 25-foot full landscaped buffer against any adjoining residential lots.
8. Storage of heavy equipment will take place within the greenhouse.
(Note: Commissioner Watt was absent from the meeting.)
CUP #06-06, Horton Investment LLC
September 11, 2006
Page 4