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HomeMy WebLinkAbout06-06 PC Staff ReportCONDITIONAL USE PERMIT #06-06 HORTON INVESTMENT LLC Staff Report for the Planning Commission Prepared: August 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 Pending 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 August 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 August 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). 5.18 employees are permitted between the months of April, May, and June, while the remainder of the time, the site shall have no more than 6 employees. 6. Any expansion or change of use will require a new Conditional Use Permit. 7. Establish a 25’ full landscaped buffer against any adjoining residential lots. 8.Storage of heavy equipment will take place within the greenhouse. 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.