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HomeMy WebLinkAbout03-06 PC Staff Report - AugustCONDITIONAL USE PERMIT #03-06 REBECCA AND EDWARD ARNETTE Staff Report for the Planning Commission Prepared: July 14 , 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: 08/02/06 Pending Board of Supervisors: 08/23/06 Pending LOCATION: This subject property is located at 819 Redbud Road (Route 661). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55-A-2 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: Agricultural West: RA (Rural Areas) Land Use: Agricultural PROPOSED USE: Landscaping Contractor Business REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 661 the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Fire Marshal: Plan approval recommended. CUP #03-06, Rebecca and Edward Arnette July 14, 2006 Page 2 Inspections Department: No permits required provided exemption under Section 102.3 of the Virginia Uniform Statewide Building Code is met. Sanitation Authority: We do not serve this area. Winchester-Frederick County Health Department: The applicant has advised this office that the County (John Riley) has stated approval for a pump and haul system will be granted for this property. Based on that information, the Health Dept. has no objection as long as the County supplies written approval specifying the pump and haul is acceptable for this property and the proposed use. Winchester Regional Airport: Since the CUP does not appear to have any impact on the operations of the Winchester Regional Airport, there are no objections or special conditions requested. Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a landscape contracting business. This proposed use will take place on a two (2) acre tract of land located in the RA (Rural Areas) Zoning District. The Frederick County Zoning Ordinance allows for landscape contracting in the RA Zoning District with an approved CUP. Staff would note that there is currently one dwelling on the property, which has been abandoned, and one shed. The current shed on the property is going to be used for storage. Due to the layout of the parcel, Staff would recommend an opaque fence of six (6) feet in height to screen the entire property. Since this proposed use is commercial in nature, staff would recommend that a 50’ buffer be placed along Redbud Road and the adjoining residential lot. This buffer is the same as a zoning district buffer, in that its purpose is to distinctly shield different land uses. The 50’ buffer will be 25’ active/inactive, also known in the Frederick County Zoning Ordinance as a Category B landscape buffer. The active buffer will be required to contain a landscaping variety that includes a majority of evergreen, and contains three trees per ten linear feet, which will be located outside the fence. The applicant has proposed no more than eight (8) employees at any one time, and the site will not contain more than seven (7) vehicles stored on the premises. No sales of nursery stock will take place on site. This landscaping business will not be open to the public. The Health Department has indicated the only type of health system available for this tract of land would be a pump and haul. Upon approval of this CUP, the pump and haul system will need to be applied for and approved. Staff would like to note that this CUP has been applied for in response to a zoning violation. The Frederick County Zoning Ordinance specifies that storage of heavy equipment is not a permitted use in the RA (Rural Areas) Zoning District. Also, any storage trailer(s) must be removed from the property. Staff strongly recommends that vehicular storage and storage of heavy equipment is CUP #03-06, Rebecca and Edward Arnette July 14, 2006 Page 3 minimal. This property is currently still in violation of the Frederick County Zoning Ordinance, Sections 165-50 (storage of heavy equipment) and 165-26E (trailer not permitted as accessory use). Attached are images of existing site conditions. STAFF CONCLUSIONS FOR THE 08/02/06 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. No more than eight (8) employees allowed on site. 3.Three (3) employee and four (4) business vehicle parking spaces are the maximum parking allowance. 4. An engineered site plan shall be approved and implemented prior to business activity on the site. 5. Any expansion or change of use, including any increase in number of employees or equipment, will require a new Conditional Use Permit with an engineered site plan. 6. No sale of nursery stock will be allowed on site. 7. A 50’ landscaped buffer, with full landscape screen (Category B), will be placed along Redbud Road and completely along the adjoining residential lot. 8.A six foot tall board-on-board fence will screen all storage areas on the property. 9.Business activities conducted on the property shall only take place during daylight hours. 10.The storage and driving areas shall have a gravel surface. 11.A health system approved by the County and State shall be in place prior to the commencement of business activities. 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.