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HomeMy WebLinkAbout01-18 PC Staff ReportCONDITIONAL USE PERMIT #01-18 BRYAN M. HENRY Staff Report for the Planning Commission Prepared: January 26, 2018 Staff Contact: Mark R. Cheran, Zoning Administrator 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: 02/07/18 Pending Board of Supervisors: 02/28/18 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a Landscaping Contracting Business. Should the Planning Commission find this application for a landscaping contracting business to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 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 site should have no more than four (4) employees with Winchester-Frederick County Health Department approval. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #01-18, Bryan M. Henry January 26, 2018 LOCATION: This property is located 639 Reliance Road, Middletown, Virginia. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 91-A-77 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: Landscaping Contracting Business REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 627, the VDOT facility which would provide access to the property. The existing entrance is inadequate for the proposed use. Due to the proposed use, a “low volume” commercial entrance will be required. If the site generates more than 50 trips per day, the entrance will need to be upgraded to a full commercial entrance. If the required entrance is installed, VDOT could support the Conditional Use Permit. This office has no objection to the proposed conditional use. Frederick County Inspections: No comments at this time. Frederick County Fire Marshall: Approved Winchester-Frederick County Health Department: The Health Department has reviewed the request for comments for a Conditional Use Permit to operate a proposed Wood Waste Recycling and Landscape Business at 639 Reliance Road, Middletown, Virginia. Based on information provided by the Applicant, Mr. Bryan M. Henry, the proposed business will operate Monday-Friday 7:00 a.m. - 5:00 p.m. and Saturday 8:00 a.m. - 12:00 p.m. The business will employ one full-time employee, and possibly one part-time employee. The proposed business will utilize one building as an office, with a bathroom. The bathroom will be plumbed to an existing sewage disposal system (drain field), which serves an existing three (3) bedroom house. Page 3 CUP #01-18, Bryan M. Henry January 26, 2018 The Applicant is the only full-time occupant of the house. All business transaction will take place at the grinder station; therefore, the Applicant does not anticipate any visits from the public at the office. Therefore, this Health Department has no objections to the proposed wood waste recycling business. In the event that the business should expand to the point that additional staff will be employed, the Applicant is encouraged to consult with this Health Department to determine if additional sewage disposal capacity will be required to accommodate the increase in water usage. The dwelling and the office is currently served by a private water supply (well). Planning and Zoning: This proposed Conditional Use Permit is for the making and selling of mulch on site to the public and is classified as a landscape contracting business. This proposed use will take place on a 73+/- acre tract of land located in the RA (Rural Areas) Zoning District. A landscape contracting business is an allowed use within the RA Zoning District with an approved Conditional Use Permit (CUP). This proposed business will use a tub grinder to make, store, and sell mulch to the public. Based on the description of the use provided by the Applicant, the hours of operation for the business will be Monday-Saturday from 7:00 a.m. to 7:00 p.m. Two (2) storage bays will be used to store mulch, there will be no more than four (4) employees on-site, with Winchester-Frederick County Health Department approval. The site will not have more than four (4) business vehicles on the premises. The business office for this proposed use will be within an accessory structure with customer and employee parking. There will be one (1) monument sign to be five (5) foot in height and no more than fifty (50) square foot sign at the site entrance facing Route 627 (Reliance Road). The ultimate configuration of the site, including customer/employee parking, storage bays, and business sign will be determined at time of submission of an illustrative sketch plan. The Applicant has agreed to the conditions assigned to the CUP. The 2035 Comprehensive Policy Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering land use actions. The location of this proposed landscape contracting business is not in an area where a small area land use study has been adopted by the County. Nevertheless, the proposed use is consistent with the goals of the Comprehensive Plan. Specifically, land use goals for the rural areas of the County identify the importance of maintaining a rural character in areas outside of the Urban Development Area (UDA). A mix of agricultural, commercial and residential uses is envisioned. STAFF CONCLUSIONS FOR THE 02/07/18 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. Page 4 CUP #01-18, Bryan M. Henry January 26, 2018 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 site shall have no more than four (4) employees with Winchester-Frederick County Health Department approval. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.