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Home My WebLink About17-04 BOS Staff Report CONDITIONAL USE PERMIT #17-04 Edwin & Zucely Elvira Staff Report for the Board of Supervisors Public Hearing Prepared: September 10, 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: 09/01/04 Recommended approval Board of Supervisors: 09/22/04 Pending LOCATION: This subject property is located directly behind AC Self-Storage (225 Caldwell Lane), south of Papermill Road (Route 644) MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-4-4C PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) & M1 (Light Industrial) Districts Land Use: Residential & Storage PROPOSED USE: Landscaping 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 717, 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 #17-04, Edwin R. & Zucely D. Elvira September 10, 2004 Page 2 Fire Marshall: A visit to this site, already in use, provided no significant concerns affecting current fire and rescue response. Inspections Department: No comment required provided no structures are utilized as indicated. Health Department: The Health Department has no objection to proposed conditional use of the property as stated in this application Winchester Regional Airport: Since the Conditional Use Permit does not appear to have any impact on the operations of the Winchester Regional Airport, there are no objections or special conditions to request for this site plan. Planning and Zoning: This proposed Conditional Use Permit is for a landscape contracting business. This proposed use will take place on a five 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). Staff would note that there are no structures on site and no new structures will be constructed as a part of this Conditional Use Permit. Due to the layout of the parcel, Staff would recommend an opaque fence of six (6) feet in height to screen the eastern edge of the property from residential uses. The proposed use shall employ no more than ten (10) employees at any one time and the site will not contain more than nine (9) 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, minimizing the need for a site plan. Staff Conclusions for the 9-01-04 Planning Commission Meeting: The Planning Commission found this use appropriate, with Staff’s recommendations: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than ten (10) employees and nine (9) business vehicles/ equipment shall be allowed on site as a part of this conditional use permit. 3. No sale of nursery stock will be allowed on site. 4. A six (6) foot opaque fence shall be constructed to screen this use from residential uses to the east. 5. Any expansion or modification of facilities will require a new conditional use permit. CUP #17-04, Edwin R. & Zucely D. Elvira September 10, 2004 Page 3 PLANNING COMMISSION SUMMARY & ACTION OF THE 09/01/04 MEETING: The applicants’ stated use of the property was to store nursery stock and to park business vehicles on the site; the business vehicles included delivery trucks and a vehicle used to transport a bobcat or other similar equipment. No structures were planned, due to the fact that no drain field sites were available on the property. The applicant stated his intentions to clean up and organize the site with the approval of the conditional use permit. The applicant’s surveyor reported existing water runoff problems stemming from drainage issues on the adjoining AC Self-Storage site; this runoff was impacting the Evans property to the southeast. He stated that the applicant has agreed to help mitigate the runoff problems, even though his property is not a contributing factor. The applicant’s surveyor said that recent discussions between the County’s engineers, the excavator for the AC Self-Storage site, and the applicant have resulted in the development of a future mutually-beneficial agreement whereby the applicant will provide a drainage easement through his property in exchange for an access easement through the AC Self-Storage facility’s commercial entrance. Mrs. Evans, the affected property owner, spoke to the Commission about the severe water runoff problems she has been experiencing since construction began at the AC Self-Storage facility site, approximately one year ago. She said the runoff has saturated her property and her family’s horses get stuck in the mud. In order to ensure that storm water management issues and access right-of-ways were properly resolved, the Planning Commission recommended an additional condition requiring the approval of a minor site plan. They also recommended a condition to address the unsightly appearance of the property. With the inclusion of these additional conditions, the Planning Commission voted unanimously for approval. 1. All review agency comments and requirements shall be complied with at all times. 2. No more than ten (10) employees and nine (9) business vehicles/ equipment shall be allowed on site as a part of this conditional use permit. 3. No sale of nursery stock will be allowed on site. 4. A six (6) foot opaque fence shall be constructed to screen this use from residential uses to the east. 5. Any expansion or modification of facilities will require a new conditional use permit. 6. A minor site plan addressing the access right-of-ways and storm water management issues must be approved prior to operation of the business. 7. Any existing zoning violations must be removed prior to the operation of the business. (Please note: Chairman DeHaven abstained from discussion and voting; Commissioner Triplett was absent from the meeting.)