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HomeMy WebLinkAbout02-05 BOS Staff ReportCONDITIONAL USE PERMIT #02-05 HORIZON HOLDINGS, LLC Staff Report for the Board of Supervisors Prepared: April 18, 2005 Staff Contact: Patrick R. Sowers, 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: 04/06/05 Recommended Approval Board of Supervisors: 04/26/05 Pending LOCATION: This subject property is located at 3636 Front Royal Pike (Route 522) MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 87-A-88 PROPERTY ZONING & PRESENT` USE: Zoned: (RA) Rural Areas Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned: (RA) Rural Areas Land Use: Agriculture PROPOSED USE: Landscape Contracting Business REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have significant measurable impact on Route 522, the VDOT facility which would provide access to the property. 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 covered under a land use permit issued for a period of six months. The permit is issued by this office and requires an inspection fee and surety bond coverage. CUP #02-05, Horizon Holdings, LLC April 18, 2005 Page 2 Fire Marshal: Access to all buildings on the site shall be maintained to allow emergency vehicle access. Plan approval recommended. Inspections Department: Existing buildings being utilized shall comply with The Virginia Uniform Statewide Building Code and section, 304, use group B (Business), of the International Building Code/2000. Other Code that applies is IBC/ANSI A117.1-98 Accessible and Usable Buildings and Facilities. Renovation of the existing structure shall require an asbestos inspection according to the USBC section 112.1.4 if constructed prior to January 1, 1985. Please submit a floor plan of the areas being utilized at the time of change of use building permit application. A new certificate of occupancy shall be issued prior to operation. HC van accessible parking spaces and unloading shall be provided. Winchester-Frederick County Health Department: This office has no objection to conditional use so long as no more than six employees work for proposed landscaping business. Also, no public use of restroom facilities to be allowed. Planning and Zoning: This proposed Conditional Use Permit is for a landscape contracting business. This proposed use will take place on a two 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 Conditional Use Permit (CUP). The proposed use shall have no more than six (6) employees at any one time with all work done off site. The site will not contain any more than four (4) business vehicles and (2) trailers stored on the premises. This proposed use will take place in the rear of the applicant’s property. No sales of nursery stock will take place on site. Four (4) storage bays will be used to store top soil, mulch, sand, and stone. The applicant has proposed a six (6) foot opaque fence to screen all portions of the property associated with the landscape contracting business including all parking and outdoor storage. This six (6) foot opaque fence shall be utilized as part of this Conditional Use Permit. This landscaping business will not be open to the public, minimizing the need for a site plan. STAFF CONCLUSIONS FOR THE 04/06/05 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 members of the general public will be allowed on site. CUP #02-05, Horizon Holdings, LLC April 18, 2005 Page 3 3.No more than six (6) employees, four (4) business vehicles, and two (2) trailers shall be allowed on site as part of this conditional use permit. 4.Screening consisting of a six (6) foot opaque fence shall screen all materials and vehicles from adjacent properties. 5. No sale of nursery stock will be allowed on site. 6.Piles of dead grass clippings, brush, and/or tree trimmings shall be stored within a four- sided opaque fenced area or disposed off site. 7.Any expansion or change of use, including any increase in the number of employees or equipment, will require a new conditional use permit and an engineered site plan. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/06/05 MEETING: The applicant intended for this location to be a minimum facility to support his operations in Frederick County. He said there will be no retail work or retail sales and the site will not be open to the public. It was noted that the applicant is in the process of purchasing the property, the sale pending approval of the conditional use permit (CUP). Both of the co-owners of the property were present to support the operation of a landscape business at this location; one of the co-owners reported that the existing septic system was modified for this use. The adjoining property owner had concerns about drainage and run-off onto his property. He explained that the rear portion of the applicant’s property drains into his pond and this is the area where he keeps his horses and cattle. He had concerns about the applicant’s leach field being within five feet of his property line. He also reported damage to drainage pipes that occurred while the applicant conducted grading work. He believed a site plan should be required for this use, indicating unloading and turn-around areas for delivery vehicles. An additional condition was recommended by the staff indicating that one sign would be permitted on the site, not to exceed four square-feet in area. By a majority vote, the Commission recommended approval of the CUP with all eight conditions recommended by the staff as follows: 1.All review agency comments and requirements shall be complied with at all times. 2.No members of the general public will be allowed on site. 3.No more than six employees, four business vehicles, and two trailers shall be allowed on site as part of this conditional use permit. 4.Screening consisting of a six foot opaque fence shall screen all materials and vehicles from adjacent properties. CUP #02-05, Horizon Holdings, LLC April 18, 2005 Page 4 5.No sale of nursery stock will be allowed on site. 6.Piles of dead grass clippings, brush, and/or tree trimmings shall be stored within a four-sided opaque fenced area or disposed off site. 7.Any expansion or change of use, including any increase in the number of employees or equipment, will require a new conditional use permit and an engineered site plan. 8.Only one sign shall be permitted on site; the sign shall not exceed four square feet in area, per Section 165-30(H)2 of the Frederick County Zoning Ordinance.