HomeMy WebLinkAbout02-05 PC Staff ReportCONDITIONAL USE PERMIT #02-05
HORIZON HOLDINGS, LLC
Staff Report for the Planning Commission
Prepared: March 23, 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 Pending
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
March 23, 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
March 23, 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.
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.