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HomeMy WebLinkAbout13-22 BOS Staff ReportCONDITIONAL USE PERMIT #13-22 SEVEN BENDS NURSERY (JERRY SEE AND IARA LACHER) Staff Report for the Board of Supervisors Prepared: January 13, 2023 Staff Contact: Amy Light Feltner, Planner 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: 01/04/23 Recommended Approval Board of Supervisors: 01/25/23 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for retailing nursery stock and related products on +/- 13-acres in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a retail nursery 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 engineered minor site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County 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 tall and no more than fifty (50) square feet in area. 4. 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 #13-22, Seven Bends Nursery (J. See and I. Lacher) January 13, 2023 LOCATION: This property is located at the intersection of Town Run Lane (Route 1012) and Peace and Plenty Lane (private road) east of the Town of Stephens City. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-134 PROPERTY ZONING & PRESENT USE: Zoned: Rural Areas (RA) Land Use: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Single Family Detached Residential South: RA (Rural Areas) Use: Vacant/Agricultural East: RA (Rural Areas) Use: Commercial West: RA (Rural Areas) Use: Commercial PROPOSED USE: The Applicant proposes a retailing/wholesaling of nursey stock and related products including greenhouses and hardscaping displays. REVIEW EVALUATIONS: Planning and Zoning: Proposal: The Applicant proposes a retailing/wholesaling of nursey stock and related products including greenhouses and hardscaping displays on a +/-13-acre parcel zoned RA (Rural Areas). The current parcel is vacant/undeveloped. As stated in the application, the applicant plans to construct a +/-2,600 square foot (SF) retail structure, three 20 (FT) x 60 FT hoop-style greenhouses, a 1/3- acre pond for irrigation purposes, and a +/-4,000 SF hard surface parking area to accommodate up to 20 vehicle spaces. The applicant intends to use the property for production of retail nursery stock (trees, shrubs and plants), to display hardscaping materials (stone, brick and concrete) and storage. The applicant will also offer landscape design services and weekly curbside pickup from purchases made through their online web store. Based upon this proposed use, it appears this use would not have any significant impacts on the adjoining properties or the environment pending a site plan is approved before the use is established. Page 3 CUP #13-22, Seven Bends Nursery (J. See and I. Lacher) January 13, 2023 Comprehensive Plan Conformance: The Comprehensive Plan of Frederick County (“Comprehensive Plan”) is a guide for making decisions regarding land use actions. The subject property is not part of any area plan. The planned land use for the subject property is identified as “rural” and the proposed conditional use “retail nursery” is consistent with the current and future land use designation. The proposed use is compatible with surrounding agricultural and residential uses. Zoning Ordinance Conformance: The Frederick County Zoning Ordinance allows a retailing or wholesaling of nursey stock and related products in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). An engineered minor site plan will also need to be submitted and approved by Frederick County prior to the establishment of the use. This will ensure all requirements of the Zoning Ordinance, agency comments, including those from Building Inspections and the Virginia Department of Health, and final details on the layout of the site to be reviewed and approved by staff. Virginia Department of Transportation: The site’s access to a VDOT facility, Town Run Lane, is via a private road. The private road, Peace and Plenty, access point at Route 1012 (Town Run Lane) is acceptable for the proposed use. Based on this information, VDOT has no objections to this proposed CUP. Winchester-Frederick County Health Department: The Frederick County Health Department cannot make a positive comment at this time for this property. Please contact an OSE, from list provided, to find and submit an approvable system to sufficiently treat sewage from this proposed facility. The Frederick County Health Department has no objections if public water & sewer is utilized. Frederick County Fire Marshall: Plans approved. As building are constructed and occupied, all areas occupied shall have smoke alarms and portable fire extinguishers or other fire protection means. Frederick County Inspections Department: Please see attached letter from Mark Fleet dated November 16, 2022. STAFF CONCLUSIONS FOR THE 01/04/23 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for retailing nursery stock and related products on +/- 13-acres in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a retail nursery 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. Page 4 CUP #13-22, Seven Bends Nursery (J. See and I. Lacher) January 13, 2023 2. An engineered minor site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County 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 tall and no more than fifty (50) square feet in area. 4. Any expansion or change of use shall require a new Conditional Use Permit PLANNING COMMISSION SUMMARY AND ACTION FROM THE 01/04/23 MEETING: The Planning Commission held a public hearing to consider this Conditional Use Permit (CUP) on January 4, 2023. Several residents spoke on the behalf and in favor of the proposed CUP. A neighboring parcel owner spoke against the proposed CUP with concerns that the parcel cannot be accessed using the private road, Peace and Plenty. Members of the Planning Commission discussed the private access concern and determined any issue with the private lane access would be a private issue outside of the Planning Commission consideration. Staff provided that the GIS mapping provided by Frederick County indicates that the northern area of the parcel adjoins Town Run Lane which is a public right-of-way maintained by VDOT. The Planning Commission addressed the applicant to clarify whether three or four hoop style structures were being proposed. Staff provided that the condition placed on the approval of the CUP would require that “any expansion” of the CUP require a new application, however, the Zoning Administrator would determine if one additional structure would require the new application and permit. Additionally, the applicant confirmed that an approved Virginia Department of Health sewer- septic system would be installed after the approval of engineered minor site plan. A motion was made by the Planning Commission to approve the CUP. The motion was seconded and all approved. Planning Commission unanimously voted to recommend approval of the CUP application and send the item forward to the Board of Supervisors. 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.