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Home My WebLink About20-04 BOS Staff ReportCONDITIONAL USE PERMIT #20-04 Stephen & Jessica Swiger Staff Report for the Board of Supervisors Public Hearing Prepared: September 22, 2004 Staff Contact: David M. Beniamino, Planner I 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: 09/15/04 Recommended Approval Board of Supervisors: 10/12/04 Pending LOCATION: 4552 Martinsburg Pike. Approximately 1/4 of a mile south of State Line Exxon Station on Route 11 North. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33A-A-26 PROPERTY ZONING & PRESENT USE: Zoned: (RA) Rural Area District Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned: (RA) Rural Areas Land Use: Residential, Agriculture, Automobile Sales & Vacant. PROPOSED USE: Landscape Contracting 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 11, the VDOT facility which would provide access to the property. Present entrance is adequate for proposed improvements. However, should use ever expand in the future, the entrance may have to be upgraded. CUP #20-04, Stephen and Jessica Swiger September 22, 2004 Page 2 Fire Marshall: Access to the proposed structure shall be maintained at a width of 12 feet and a vertical clearance of 13.5 feet. Inspections Department: Buildings shall comply with the Virginia Uniform Statewide Building Code and Sections 311, S (Storage) of the International Building Code/2000. Other codes that apply are CABO A117.1-98 Accessible and Usable Buildings and Facilities. Handicap parking and access to the buildings shall be provided. All required egress doors shall be accessible. Design Professional License in VA may be required to seal the structural plans submitted for permit application and special inspection requirements of Chapter 17 of IBC shall apply to this type of structure. (soils, concrete steel, etc) Health Department: No bathroom can be added. Per owner, building will only be used for storage purposes. Owner knows general location of the existing septic system, and it is the owner’s responsibility not to damage the drainfield. If the drainfield becomes damaged, a repair permit will not be issued and the owner will be required to contact the Frederick County Sewer and Water authority. Planning and Zoning: This proposed Conditional Use Permit is for a landscape contracting business. This proposed use will take place on a one acre tract of land located in the RA (Rural Areas) Zoning District. The Frederick County Zoning Ordinance allows for landscaping contracting in the RA Zoning District with an approved Conditional Use Permit (CUP). The proposed use shall employ no more than eight (8) employees at any one time and all work will be done offsite .The site will not contain more than five (5) business vehicles and three (3) trailers stored on the premises. No sales of nursery stock will take place on site. This landscaping business will not be open to the public, minimizing the need for a site plan. Hours of operation for the business will be from 7AM to 7PM. The primary use of this conditional use permit will take place in the rear of the applicants’ property. Screening requirements should be imposed on the rear and sides of the proposed structure to block this use from the residence to the east and west. Either a six (6) foot opaque fence or a double row of evergreens shall be utilized as a part of this conditional use permit. The rear of the property abuts part of the recently passed Semples Rezoning. Staff Conclusions for the 9-15-04 Planning Commission Meeting: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: CUP #20-04, Stephen and Jessica Swiger September 22, 2004 Page 3 1. All review agency comments and requirements shall be complied with at all times. 2. No more than eight (8) employees, five (5) business vehicles, and three (3) trailers shall be allowed on site as a part of this Conditional Use Permit. 3. 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. 4. No sale of nursery stock will be allowed on site. 5. Screening consisting of either a six (6) foot opaque fence or a double row of evergreens be planted in order to screen all materials and vehicles from adjacent properties. PLANNING COMMISSION SUMMARY & ACTION OF 09/15/04 MEETING: Members of the Commission raised the issue of the tendency for landscaping and nursery businesses to pile up dead grass clippings, brush, and trees on site; they were concerned because this property is located within a residential area. The applicant said that because of limited space, he would either dispose of the material elsewhere or contain the storage in a four-sided opaque area. There were no public comments. The Planning Commission unanimously recommended approval with an additional condition addressing the screening of any piles of grass clippings, brush, or tree trimmings on site, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than eight employees, five business vehicles, and three trailers shall be allowed on site as a part of this conditional use permit. 3. 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. 4. No sale of nursery stock will be allowed on site. 5. Screening consisting of either a six-foot opaque fence or a double row of evergreens shall be planted in order to screen all materials and vehicles from adjacent properties. 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. (Please note: Commissioners Rosenberry and Triplett were absent; Chairman DeHaven abstained.)