HomeMy WebLinkAbout01-18 OrdinanceAction:
PLANNING COMMISSION:
BOARD OF SUPERVISORS
ORDINANCE
February 7, 2018
February 28, 2018
ORDINANCE
Recommended Approval
1 APPROVED ® DENIED
CONDITIONAL USE PERMIT #01-18
FOR A
LANDSCAPING CONTRACTING BUSINESS
WHEREAS, Conditional Use Permit #01-18 for a Landscaping Contracting Business, submitted
by Bryan M. Henry was considered. The property is located at 639 Reliance Road, Middletown,
Virginia. and is further identified with Property Identification Number 91-A-77 in the Opequon
Magisterial District, and
WHEREAS, the Frederick County Planning Commission held a public hearing on the
Conditional Use Permit on February 7, 2018 and recommended approval of the Conditional Use
Permit with conditions; and,
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this
Conditional Use Permit during their regular meeting on February 28, 2018; and,
WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional
Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with
the Comprehensive Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to
reflect that Conditional Use Permit Application #01-18 for a Landscaping Contracting Business
on the parcel identified by Property Identification Numbers 91-A-77 with the following
conditions:
1. All review agency comments shall be complied with at all times.
PDRes #06-18
2. An illustrative sketch plan shall be submitted to and approved by Frederick
County and all improvements completed prior to the establishment of the use.
3. One, non -illuminated, freestanding monument business sign is allowed with this
Conditional Use Permit that is no more than five (5) feet in height and no more
than fifty (50) square feet in area.
4. Hours of operation shall be Monday -Saturday 7:00 a.m. to 7:00 p.m.
5. The Tub Grinder to operate Monday—Friday 9:00 a.m. to 5:00 p.m.
6. The commercial entrance must be constructed prior to operation.
7. The site should have no more than four (4) employees with Winchester -Frederick
County Health Department approval.
8. Any expansion or change of use shall require a new Conditional Use Permit.
DENIED
Vassed this 28th day of February 2018 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Nay-
J.
amJ. Douglas McCarthy Aye Judith McCann -Slaughter Aye
Shannon G. Trout Nay Blaine P. Dunn Nay
Robert W. Wells Aye
A COPY ATTEST
Kris t Tierne
Frederick County Administrator
PDRes #06-18
BOS Res.#067-18 2
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
March 1, 2018
Mr. Bryan Henry
P.O. Box 161
Front Royal, VA 22630
RE: Conditional Use Permit #01-18
Property Identification Number: 91-A-77
Dear Mr. Henry:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their
meeting on February 28, 2018:
Conditional Use Permit #01-18 for a landscaping contracting business was denied.
You have the right to reapply after 12 months have expired.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
lbfAiR. Cheran
Zoning Administrator
MRC/pd
cc: Robert W. Wells, Opequon District Supervisor
Roger L. Thomas and Robert S. Molden, Opequon District Planning Commissioners
107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000