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Home My WebLink About01-23 BOS Staff ReportCONDITIONAL USE PERMIT #01-23 FREDERICK-WINCHESTER SERVICE AUTHORITY (D.R. HORTON) Staff Report for the Board of Supervisors Prepared: March 27, 2023 Staff Contact: Kayla Peloquin, 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: 03/01/23 Recommended Approval Board of Supervisors: 04/12/23 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for an off- premises freestanding monument residential subdivision entrance sign on +/- 24.07 acres in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application to be appropriate, staff recommends that the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Only one (1) monument sign not to exceed eight (8) feet in height and thirty-two (32) square feet in area is permitted. 3. 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 #01-23, Frederick-Winchester Service Authority (D.R. Horton) March 27, 2023 LOCATION: This property is located south of Berryville Pike (Route 7) approximately 0.3 miles west of the boundary with Clarke County. The property is at the southwest corner of the intersection of Berryville Pike (Route 7) and future Hallowed Crossing Way. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 56-A-19 PROPERTY ZONING & PRESENT USE: Zoned: Rural Areas (RA) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA Use: Agriculture South: RA Use: Vacant East: RA Use: Frederick-Winchester Service Authority Treatment Plant West: RA Use: Residential PROPOSED USE: The Applicant proposes an off-premises freestanding monument residential subdivision entrance sign. REVIEW EVALUATIONS: Planning and Zoning: The Applicant proposes an off-premises freestanding monument sign at the northeast corner of the parcel that is owned by the Frederick-Winchester Service Authority. The parcel is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The proposed sign identifies the entrance to a future residential subdivision, the Retreat at Winding Creek, for which a Master Development Plan (MDP) #01-22 was approved in March 2022. The Frederick County Zoning Ordinance defines an off-premises sign as “A sign which directs attention to a business, commodity, service, activity or entertainment conducted, sold or offered on the parcel of land other than the one on which the sign is located” (§165-101.02). Furthermore, a monument sign is defined as “A freestanding sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of, or affixed to, the support structure. The width of the support structure for the monument sign must Page 3 CUP #01-23, Frederick-Winchester Service Authority (D.R. Horton) March 27, 2023 be a minimum of 50% of the width of the sign face area” (§165-101.02). The proposed off- premises freestanding monument sign meets the qualifications of the ordinance and is an allowed use with an approved CUP. The sign area shall be measured using the definition of sign area contained in §165-101.02. The maximum allowed sign size for a subdivision entrance sign is eight (8) feet in height and thirty-two (32) square feet in area per §165-201.06 (G) and §165-201.06 (H). Virginia Department of Transportation: The VDOT review has been completed for the Retreat at Winding Creek conditional use application. Based on the review of the application/drawings, VDOT offers the following comments: • The proposed sign will need to be on private land. • The placement of the sign will need to follow VDOT clear zone requirements, (from the VDOT Road Design Manual), measured from the edge of pavement. (See attached) • Based on the above information, the Site Plan is acceptable. Frederick County Inspections Department: No comments at this time. Frederick County Fire Marshall: Plans approved. Historic Resources Advisory Board (HRAB): Please see the letter dated December 27, 2022 from Kayla Peloquin, Planner. STAFF CONCLUSIONS FOR THE 03/01/23 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for an off-premises freestanding monument residential subdivision entrance sign on +/- 24.07 acres in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application to be appropriate, staff recommends that the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Only one (1) monument sign not to exceed eight (8) feet in height and thirty-two (32) square feet in area is permitted. 3. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 03/01/23 MEETING: The Planning Commission held a public hearing, and nobody spoke. There was no discussion amongst the planning commissioners. The planning commissioners unanimously recommended Page 4 CUP #01-23, Frederick-Winchester Service Authority (D.R. Horton) March 27, 2023 approval and sent 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.