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HomeMy WebLinkAbout03-19 BOS Staff Report CONDITIONAL USE PERMIT #03-19 Arthur Nelson Sisk – Landscape Contracting Business Staff Report for the Board of Supervisors Prepared: June 27, 2019 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: 06/05/19 Recommended Approval Board of Supervisors: 07/10/19 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for the establishment of a landscape contracting business in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a landscape 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, including the screening of vehicles and equipment. 3. Two, non-illuminated freestanding monument business signs shall be allowed with this Conditional Use Permit. Signage along Route 522 shall be fifty (50) sq. feet in area and ten (10) feet in height. Signage along Gainesboro Road (Route 684) shall be twenty (20) sq. feet in area and ten (10) feet in height. 4. Access to the site will only be via the existing Gainesboro Road (Route 684) entrance. 5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week. 6. There will be no more than six (6) employees with this use and on site at any given time. 7. Conditional Use Permit #004-98 shall be void upon approval of this Conditional Use Permit. 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 #03-19, Arthur Nelson Sisk – Landscape Contracting Business June 27, 2019 LOCATION: The subject property is located at 154 Gainesboro Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 29-A-73C PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Commercial Outdoor Recreation (CUP #004-98) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Country Store South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential PROPOSED USE: The Applicant proposes the establishment of a Landscaping Contracting Business. This use will be utilizing the existing structure on site as a business office, and new outbuildings are proposed for storage of equipment. There will be outdoor storage that will consist of trees, wood, and mulch for display to the public. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 684, the VDOT facility providing access to the property. Existing entrance is adequate for the proposed use. However, should the use ever expand in the future, the entrance may need to be upgraded to VDOT commercial standards. Frederick County Inspections: No comments. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for a Conditional Use Permit for a Landscaping Business to park trucks and trailers at 154 Gainesboro Rd., Winchester, VA 22603 Tax Map #29 -A-73C. The applicant says that he will have up to 4 (four) employees (drivers) who will leave their personal vehicles at the lot and pick up company vehicles to perform the landscaping jobs. The applicant says that no employees will remain on the premises during business hours, except for the owner/applicant and a secretary who will occupy office in the miniature golf structure. This business is served by a Pump & Haul sewage disposal system. This Health Department therefore has no objections for the use of the property to serve as a parking area for the landscaping business. Applicant is welcome to notify this Health Department of any questions about any part of this correspondence by calling (540) 722-3480 or (540) 771-3020. Page 3 CUP #03-19, Arthur Nelson Sisk – Landscape Contracting Business June 27, 2019 See updated email addendum dated May 21, 2019, from Herbert Cormier, Environmental Health Supervisor. Frederick County Fire Marshall: Approve. Planning and Zoning: This proposed Conditional Use Permit (CUP) is for a landscape contracting business. This proposed use will take place on a three (3) acre tract of land. This tract of land currently has an approved CUP (CUP#004-98) for a commercial outdoor recreation facility (miniature golf) with an approved site plan. This proposed landscape business will replace the miniature golf course use. The 2035 Comprehensive Plan of Frederick County (“Comprehensive Plan”) provides guidance when considering land use actions. The location of this proposed landscaping contracting business will be located within the Gainesboro Rural Community Center as identified within the Comprehensive Plan. The Comprehensive Plan addresses development within its Rural Community Centers. The Comprehensive Plan discourages large residential development within its Rural Community Centers but allows for commercial uses, if the uses are in scale and nature for the Gainesboro Community Center. The uses near this proposed use are residential in nature and an approved Off-Premise Farm Market across Gainesboro Road (Route 684). This 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 are envisioned for this Rural Community Center. The Frederick County Zoning Ordinance allows for a landscaping contracting business in the RA Zoning District with an approved CUP. Based on the description of the use provided by the Applicant there will be no more than six (6) employees, and contain no more than nine (9) vehicles stored on the site. All business transactions of this CUP will occur within an existing office with two (2) employees on site. Majority of the business operation will be conducted off site. The hours of operation will be Monday through Sunday from 8:00 a.m. to 8:00 p.m. The Applicant will be utilizing the elements of the approved site plan assigned to CUP #004-98 these elements include parking, screening, storage bays for stock, and location of signage. There will be sales of stock that will take place on site. A new equipment building will be added to the site. The Applicant proposes two (2) on-premise signs, the first sign facing Route 522 of fifty (50) square feet in area and ten (10) feet in height. A second sign will be facing Gainesboro Road (Route 684) of twenty (20) square feet in area and ten (10) feet in height. This signage was approved with CUP #004-98. The existing entrance to access this site is located on Gainesboro Road (Route 684), no other entrances will be used to access this site. The ultimate configuration of the site will be determined at time of submission of an illustrative sketch plan with this CUP. The Applicant has agreed to the conditions of this CUP. Page 4 CUP #03-19, Arthur Nelson Sisk – Landscape Contracting Business June 27, 2019 STAFF CONCLUSIONS FOR THE 06/05/19 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for the establishment of landscape contracting business in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a landscape 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, including the screening of vehicles and equipment. 3. Two, non-illuminated freestanding monument business signs shall be allowed with this Conditional Use Permit. Signage along Route 522 shall fifty (50) sq. feet in area and ten (10) ten feet in height. Signage along Gainesboro Road (Route 684) shall be twenty (20) sq. feet in area and ten (10) feet in height. 4. Access to the site will only be via the existing Gainesboro Road (Route 684) entrance. 5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week. 6. There will be no more than six (6) employees with this use and on site at any given time. 7. Conditional Use Permit #004-98 shall be void upon approval of this Conditional Use Permit. 8. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 06/05/19 MEETING: Staff reported this is a request for the establishment of a landscape contracting busines s in the RA (Rural Areas) Zoning District. It was noted, the current land use is a Commercial Outdoor Recreation and the proposed use is landscape contracting. Staff presented a locations map of the property. This proposed use will take place on a three (3) acre tract of land and this tract of land currently has an approved CUP (CUP #004-98) for a commercial outdoor recreation facility (miniature golf) with an approved site plan; this proposed landscape business will replace the miniature golf course use. Staff shared the location of this proposed landscaping contracting business will be located within the Gainesboro Rural Community Center as identified within the Comprehensive Plan. The Comprehensive Plan discourages large residential development within its Rural Community Centers but allows for commercial uses, if the uses are in scale and nature Page 5 CUP #03-19, Arthur Nelson Sisk – Landscape Contracting Business June 27, 2019 for the Gainesboro Community Center; a mix of agricultural, commercial, and residential uses are envisioned for this Rural Community Center. Staff reported that landscape contracting in the RA Zoning District is permitted with an approved CUP; based on the description of the use provided there will be no more than six (6) employees and contain no more than nine (9) vehicles stored on the site. All business transactions of this CUP will occur within the existing office with two (2) employees on site; the majority of the business operation will be conducted off site; and the hours of operation will be Monday – Sunday from 8 a.m. to 8 p.m. Staff presented an illustrative sketch plan provided by the Applicant. He noted the only entrance will be on Gainesboro Road. Staff presented the conditions 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, including the screening of vehicles and equipment. 3. Two, non-illuminated freestanding monument business signs shall be allowed with this Conditional Use Permit. Signage along Route 522 shall be fifty (50) sq. feet in area and ten (10) feet in height. Signage along Gainesboro Road (Route 684) shall be twenty (20) sq. feet in area and ten (10) feet in height. 4. Access to the site will only be via the existing Gainesboro Road (Route 684) entrance. 5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week. 6. There will be no more than six (6) employees with this use and on site at any given time. 7. Conditional Use Permit #004-98 shall be void upon approval of this Conditional Use Permit. 8. Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member inquired would there be any chipping done on site for this use. Mr. Ben Butler, representing the Applicant came forward and commented there will not be chipping on site and this will be a small operation. A Commission Member asked if any retailing will be done on site. Mr. Butler noted retail business on site will be very limited. Page 6 CUP #03-19, Arthur Nelson Sisk – Landscape Contracting Business June 27, 2019 A motion was made, seconded, and unanimously passed to recommend approval of Conditional Use Permit #03-19 for Arthur Sisk. (Note: Commissioners Thomas, Molden, Unger, and Mohn were absent from the meeting.) EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 07/10/19 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for the establishment of a landscape contracting business in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a landscape 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, including the screening of vehicles and equipment. 3. Two, non-illuminated freestanding monument business signs shall be allowed with this Conditional Use Permit. Signage along Route 522 shall be fifty (50) sq. feet in area and ten (10) feet in height. Signage along Gainesboro Road (Route 684) shall be twenty (20) sq. feet in area and ten (10) feet in height. 4. Access to the site will only be via the existing Gainesboro Road (Route 684) entrance. 5. Hours of operation shall be from 8 a.m. to 8 p.m. seven (7) days a week. 6. There will be no more than six (6) employees with this use and on site at any given time. 7. Conditional Use Permit #004-98 shall be void upon approval of this Conditional Use Permit. 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.