HomeMy WebLinkAbout17-04 PC Staff Report
CONDITIONAL USE PERMIT #17-04
Edwin & Zucely Elvira
Staff Report for the Planning Commission Public Hearing
Prepared: August 16, 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 Pending
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 Area District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE: Zoned: (RA) Rural Areas & M1 Light
Industrial District
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.
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 5 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:
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 ten (10) employees and nine (9) business vehicles 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.
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.