HomeMy WebLinkAbout02-01 BOS Staff ReportPC REVIEW: 04/04/01
BOS REVIEW: 05/25/01
CONDITIONAL USE PERMIT #02-01
DAVID AND LISA MOORE
(Seasonal Colors Landscape & Lawn Maintenance, Inc.)
Landscape Contracting Business
LOCATION: This property is located at 120 Green Spring Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 22-7-1-4
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use:
Residential, Church, and General Store
PROPOSED USE: Landscape Contracting Business
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to conditional use permit for this property.
However, 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.
Inspections Department: Existing garage shall comply with the Virginia Uniform Statewide
Building Code and Section 340, Use Group B (Business), of the BOCA National Building
Code/ 1996. Other code that applies is CABO Al 17.1-92, Usable and Accessible Buildings and
Facilities. Please submit a floor of the area to utilized at the time of Change of Use permit
application. Permit shall be issued and inspections approved prior to occupancy of the new use.
Fire Marshal: Recommend portable fire extinguishers. Fire lanes not required unless above-
ground storage tank is installed. Flammable liquids storage tank requires additional permit from
Building Official and, if issued, will cause additional codes to apply.
Health Department: The Health Department has no objections as long as the employees other
than the bookkeeper do not have access to the bathrooms in the home. (Note: See attached
letter from David Moore, applicant, to the Health Department.)
Sanitation Authority: We do not serve this area
City of Winchester: No Comment
Planning and Zoning: This Conditional Use Permit (CUP) application is in response to a
zoning violation complaint that staff received. The applicant was cited for the operation of an
illegal business (landscape contracting business), and obtaining a CUP is an available option to
resolve the violation. This proposed use is consistent with other like businesses in the RA
Zoning District with approved Conditional Use Permits. The property is located in the White
Hall rural preservation subdivision. The property is surrounded by single-family dwellings that
are commonly found in a rural subdivision.
The Zoning Ordinance allows for landscape contracting businesses with an approved CUP in the
RA Zoning District. All business landscaping activities and customer service will be off- site. The
business currently has eight employees who work off-site and one office employee who works
on-site three times a week. This proposed business is located in a four-bedroom house with a
three -bay garage, with setbacks of fifteen feet (side) and fifty feet (rear), respectively. The
applicant has proposed to add a landscape buffer around the area were the landscaping
equipment is to be stored. The use of this property for a proposed landscape contract business
appears not to have any significant impacts on the adjoining properties.
STAFF CONCLUSIONS FOR THE 04-04-01 PLANNING COMMISSION MEETING:
Should the Conditional Use Permit be approved, staff would recommend the following conditions:
All review agency comments shall be complied with at all times.
2. No business sign shall be allowed.
3. All equipment associated with the business shall be screened from surrounding properties and
roads by a landscape screen.
4. Landscape screen shall be in place within 90 days after approval of this Conditional Use Permit.
5. Any change of use or expansion of the business will require a new Conditional Use Permit.
PLANNING COMMISSION SUMMARY & ACTION OF 04/04/01:
Five local residents came forward to speak in opposition to the conditional use permit. They had
observed numerous trucks, trailers, two storage tanks, a gas tank, sheds, two bobcats, and other
equipment stored on the property; they believed the property would be difficult to screen. They were
opposed to the business because of its intensity and its impact on the quiet tranquility of the
neighborhood. They were concerned about the precedent that may be set if this business is allowed to
continue and they were also concerned about future expansion of the business. The residents
commented about the restrictions on business uses in their deed covenants. A couple of the residents
presented photographs, and a petition with 18 signatures from local residents was also presented.
Commission members also reported observing a large parking area with numerous vehicles and various
equipment, and the unsightly appearance of a dumpster on the property; they agreed the property would
be difficult to screen. Commissioners believed the use ofthe property was far too intense to be classified
as a conditional use and they believed the use would negatively impact the neighborhood. Commission
members unanimously recommended denial.
Note: Chairman DeHaven abstained; Mr. Triplett was absent
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