HomeMy WebLinkAbout09-03 BOS Staff Report4`0� CoG CONDITIONAL USE PERMIT #09-03
Aw �� MILAMS LANDSCAPE, LLC
a Staff Report for the Board of Supervisors Meeting
w Prepared: December 1, 2003
°Je Staff Contact: Mark Cheran
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: 11/19/03 Recommended Approval
-Board of Supervisors: 12/10/03 Pending ICe /h i-, c-,4F�4-
LOCATION: This property is located at 1331 Cedar Creek Grade.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 63-A-1 D
PROPERTY ZONING & PRESENT USE: RA (Rural Areas)
Land Use: Vacant and Residential
ADJOINING PROPERTY ZONING & USE: RA (Rural Areas)
Land Use: Vacant and Residential
PROPOSED USE: Landscape contracting and Retail Nursery
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for a conditional use permit for this
property appears to have significant measurable impact on Route 622, the VDOT facility
which would provide access to the property. Prior to operation of the business, a commercial
entrance must be constructed to our minimum 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. The permit is issued by this office and requires an inspection fee and surety
bond coverage.
CUP # 09-03
December 1, 2003
Page 2
Inspections Department: No comment required provided compliance with Section
101.7.7(a) exemptions of the Virginia Uniform Statewide Building Code 2000.
Fire Marshal: Recommend portable fire extinguishers, maintain adequate lane widths for
emergency vehicle access. No significant factors affect proposed use.
Health Department: Health Department has required Mr. Milan to obtain approval of
drainfield on his property for public and employee use.
Planning and Zoning This proposed Conditional Use Permit is for a landscape contracting
-and retail nursery. This proposed use will take place on 2.50 acres of a 63.88 acre tract of land
located in the RA (Rural Areas District) Zoning District. The Frederick County Zoning Ordinance
allows for landscaping contracting and retail nurseries in the RA Zoning District with an approved
Conditional Use Permit (CUP). This proposed use will have 29,250 square feet of outdoor storage
areas for nursery stock and products. This outdoor storage will consist of topsoil piles, mulch piles,
trees and flowers located in front and side yards of this 2.50 acres. This proposed use will have
3,600 square feet of indoor storage located in three (3) greenhouses located in the front and rear of
the property. The rear property of this proposed use will contain outdoor storage of equipment and
nursery stock for off site landscaping contracting. Staff would recommend an opaque fence of six
(6) feet in height to screen this area of the property.
This proposed use will be adjacent to active orchard use and will have 200 foot setbacks from any
adjoining properties. Staff would note that there is a dwelling on this property that the applicant will
be using as an office. Prior to operation of this landscape contracting and garden center an approved
engineered site plan will be required. This site plan will address all of the requirements of the
,Frederick County Zoning Ordinance. Staff would recommend that signage to be limited to one (1)
non- illuminating freestanding business sign no higher than six (6) feet. This freestanding business
sign shall only be twenty-five (25) square feet. This requirement is in keeping with the rural nature
of this area and preventing a typical commercial strip along Cedar Creek Grade (Rt. 622).
STAFF CONCLUSIONS FOR THE 11-19-03 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. An engineered site plan shall be submitted to, and approved by Frederick County; prior to using
the site for the landscape contracting and retail nursery use. All improvements identified on the
improved site shall be completed prior operating the business from this site.
CUP # 09-03
December 3, 2003
Page 3
One (1) non -illuminated freestanding business sign shall be allowed along Cedar Creek Grade
(Rt.622); sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed
six (6) feet in height.
4. Any expansion or change of use will require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY & ACTION OF 11/19/03 MEETING:
Staff pointed out that the proposed use is to be located on property within the South Frederick
Agricultural and Forestal District. Also, the proposed use is in compliance with the provisions
governing Forest and Agricultural Districts established in the Commonwealth under the Code of
Virginia. Staff noted that conflicts between uses are avoidable through placement of conditions on
the proposed use.
The applicant requested that the Commission consider increasing the sign size from 25 square feet
to 50 square feet, allowing two 4'X 6' signs facing Cedar Creek Grade. Staff pointed out that the
language used for the sign size is identical to that placed on another CUP approved on property
adjacent to Cedar Creek Grade (Homespun), and has been used as a benchmark for sign size in the
rural areas.
A Commissioner inquired if the applicant would continue to operate his current business on Rt. 50
West. The applicant replied that he was leasing the property and has received notice to relocate.
The Planning Commission recommended approval with the same conditions as recommended by the
staff, as follows:
All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted to and approved by Frederick County prior to
using the site for the landscape contracting and retail nursery use. All improvements
identified on the improved site shall be completed prior operating the business from this site.
One (1) non -illuminated freestanding business sign shall be allowed along Cedar Creek
Grade (Rt.622); sign shall be limited to twenty-five (25) square feet in area. The sign shall
not exceed six (6) feet in height.
4. Any expansion or change of use will require a new Conditional Use Permit.
(Please Note: Chairman DeHaven and Commissioner Unger abstained. Commissioner Rosenberry
was absent.)
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