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HomeMy WebLinkAbout01-18 BOS Staff ReportCONDITIONAL USE PERMIT #01-18 BRYAN M. HENRY Staff Report for the Board of Supervisors Prepared: February 16, 2018 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide informat ion 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 Recommended Approval Board of Supervisors: 02/28/18 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 02/28/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a landscaping contracting business. Should the Board of Supervisors find this application for a landscaping contracting business to be appropriate, the Planning Commission 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 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. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #01-18, Bryan M. Henry February 16, 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 February 16, 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 th at 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 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. 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. Page 4 CUP #01-18, Bryan M. Henry February 16, 2018 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. PLANNING COMMISSION SUMMARY AND ACTION OF THE 02/07/18 MEETING; Staff reported this application is for the establishment of a landscaping contracting business; the current land use is Residential, and it is zoned RA (Rural Areas). Mr. Cheran presented a location map of the property. Staff continued, the proposed CUP is for the making and selling of mulch on site to the public. Staff explained, a landscape contracting business is an allowed use within the RA Zoning District with an approved CUP. Staff noted this proposed use will take place on a 73 +/- acre tract of land located in the RA Zoning District. Staff reported this proposed business will use a tub grinder at times. Mr. Cheran continued, 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. Staff explained two (2) storage bays will be used to store the mulch, there will be no more than four (4) employees on site with Winchester- Frederick County Health Department approval, and the site will not have more than four (4) business vehicles on the premises. Staff continued, the business office for this proposed use will be within an accessory structure with customer and employee parking. Staff reported there will be one (1) monument sign to be 5’ in height and no more than 50 square feet at the site entrance facing Route 627 (Reliance Road). Staff noted, the ultimate configuration of the site, including customer/employee parking, storage bays, and business sign will be determined at the time of submission of an illustrative sketch plan. Staff shared a brief sketch provided by the Applicant. Staff reviewed the conditions for this CUP as recommended: 1. All review agency comments 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, free standing monument business sign is allowed with this CUP that is no more than five (5) feet in height and no more than fifty (50) square feet in area. Page 5 CUP #01-18, Bryan M. Henry February 16, 2018 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 CUP. A Commissioner requested clarification on the hours of operation. Staff stated they are to be Monday – Saturday, 7:00 a.m. to 7:00 p.m. Mr. Bryan Henry, the Applicant came forward and presented a brief overview of his business plan. He explained he has been clearing the land for farm use; starting the mulch grinding and landscape business is to help offset the costs associated with farming of the land. A Commissioner asked the Applicant if contractors would be bringing items to the site for grinding. Mr. Henry explained that is correct; eventually he wants to have contractors and the public be able to bring things to grind or he will go to a site and pick the items up and bring back for grinding. A Commissioner noted there is a through truck traffic ordinance on Reliance Road. Mr. Henry responded that is correct and VDOT has given their permission for this application. A Commissioner inquired what time of day will the tub grinder be in operation. Mr. Henry explained the grinder will not be running all day; the 7:00 a.m. to 7:00 p.m. timeframe is to allow the public to bring items early in the morning or after they get off work in the evening. The Commissioner asked the Applicant if he would be willing to run the tub grinder during the hours of 9:00 a.m. to 5:00 p.m. Mr. Henry stated he would agree to that timeframe. Mr. John Pike, property owner of 511 Reliance Road came forward and shared his concerns that machinery will be very noisy, air pollution from the equipment, ground runoff with potential watershed contamination and mulch piles being unsightly and a fire hazard. Ms. Nadeem Helfer of 439 Reliance Road came forward to share her concerns. She asked how large the mulch piles will be at this site. Ms. Helfer mentioned her concerns of the odor this will create, the large piles being an eye sore, and the possible fire hazard. Mr. Bryan Henry the Applicant came forward to address the concerns and comments. He commented, the mulch piles will not be visible from the road and will be surrounded on four (4) sides by woods. Regarding the noise, Mr. Henry noted it will not be any louder than the equipment being operated today. A Commissioner inquired if there will be multiple piles of mulch on the property. Mr. Henry explained there will be a few piles and the plan is to grind and get rid of quickly. A Commissioner asked if there is a way to muffle the sound of the tub grinder. Mr. Henry elaborated the noise of the tub grinder will not be any louder than the equipment being used now to clear the land. A Commissioner inquired who monitors the 50 trips per day and what is the Page 6 CUP #01-18, Bryan M. Henry February 16, 2018 possibility of having a commercial entrance. Mr. Henry explained, the commercial entrance is going to be put in place prior to operation. A Commissioner asked if the tub grinder is being used now. Mr. Henry noted the grinder is not in use. He explained he has been working to clear this land for years and decided to make use of the mulch to help offset the costs of farming. Staff reported the illustrative sketch plan that the Applicant will provide goes through the review agencies. He noted the through truck traffic will not be affected by this business. A Commissioner commented he would like two (2) additional conditions to be added to this CUP, the tub grinder to operate 9:00 a.m. – 5:00 p.m. and the commercial entrance be constructed now. A motion was made and seconded with the addition of: tub grinder to operate Monday – Friday 9:00 a.m. to 5:00 p.m. only and a commercial entrance be completed prior to operation and ultimately passed. The vote was as follows: YES: Kenney, Unger, Marston, Ambrogi, Cline, Oates, Thomas, Wilmot, Triplett, Dawson, Mohn NO: Molden (Note: Commissioner Manuel was absent from the meeting) CONCLUSION FOR THE 02/28/18 BOARD OF SUPERVISORS MEETING; This is a request for a Conditional Use Permit (CUP) for a landscaping contracting business. Should the Board of Supervisors find this application for a landscaping contracting business to be appropriate, the Planning Commission 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 fift y (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. Page 7 CUP #01-18, Bryan M. Henry February 16, 2018 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. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.