HomeMy WebLinkAbout03-24 PC Staff ReportCONDITIONAL USE PERMIT #03-24
172 Fire House LLC and Barbara Singhas (Robert Sproul POA)
Landscape Contracting Business
Staff Report for the Planning Commission
Prepared: June 17, 2024
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: 07/03/24 Pending
Board of Supervisors: 08/14/24 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for a landscape contracting business located
at 171 Old Firehouse Lane, Winchester in the Back Creek Magisterial District.
Should the Planning Commission find the use to be appropriate, Staff would suggest the following
conditions be attached to the CUP:
1.All review agency comments and requirements shall be complied with at all times.
2.Hours of operation for the site shall be limited to 6:00 AM to 6:00 PM daily. Customer
visits shall be limited to 8:00 AM to 5:00 PM daily.
3.No more than 30 employee vehicles on the property at any one time.
4.A site plan shall be approved by Frederick County, and the improvements shown on the
site plan shall be completed prior to the establishment of this use.
5.Any expansion or change of use shall require a new Conditional Use Permit.
Following the public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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CUP #03-24 172 Fire House LLC & Barbara Singhas
June 17, 2024
LOCATION: This property is located at 171 Old Firehouse Lane, Winchester, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 52-A-287B
PROPERTY ZONING & PRESENT USE: Zoning: RA (Rural Areas)
Land Use: Landscape Contracting Business
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Private school & residential
South: RA (Rural Areas) Use: Special event facility
East: RA (Rural Areas) Use: Agriculture/vacant
West: RA (Rural Areas) Use: Special event facility
PROPOSED USE: This is a request for a Conditional Use Permit for a landscape contracting
business on a +/- 5.00-acre property.
REVIEW EVALUATIONS:
Frederick-Winchester Health Department: Please see attached letter from Jim Davis, REHS,
AOSE Environmental Health Manager, dated July 20, 2023.
Virginia Department of Transportation: Please see attached email from Tim Rhodes, Land
Development Engineer/Edinburg VDOT, dated August 4, 2023.
Frederick County Fire Marshal: Approved with conditions – see attached form from Adam
Hounshell, Lieutenant/Assistant Fire Marshal, dated August 12, 2023.
Frederick County Inspections: Please see attached letter from Mark Fleet, Building Official,
dated July 19, 2023.
Historic Resource Advisory Board: Please see attached letter from Amy Feltner, Planner, dated
May 20, 2024.
Planning and Zoning:
Current Operations: The applicant operates a landscape contracting business with roughly 30
employees that meet at the site each morning. Hours of operation are 6:00 AM to 6:00 PM with
potential variation seasonally and due to inclement weather. Many employees carpool, which
reduces the number of trips and vehicles parked on the property. The applicants state that the site
can comfortably accommodate 30 vehicles. There is a detached garage/shop on the property with
a bathroom for employees. No customers visit the site. Currently, the house is not being used as a
residence or an office. Numerous trucks and various other landscaping equipment are stored on
the property along with flowers and plants, mulch, stone, and other materials.
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CUP #03-24 172 Fire House LLC & Barbara Singhas
June 17, 2024
Future Expansion: The applicant plans to utilize the existing residence, which is currently vacant,
as an office space for 2 full-time administrative staff members and 5 employees that will use the
office infrequently. The applicant proposes a maximum of 75-100 employees who would meet at
the site during peak season, typically March through October. Carpooling would continue to
be encouraged; therefore, no parking expansions are proposed. The applicant proposes customers
visit the site between 8:00 AM and 5:00 PM by appointment only. An additional 40’x 60’
building would be added for storage. There are no plans to use the property as a retail location.
A site plan would be required should the CUP be approved, to show parking areas, surface
material for outdoor storage, and address screening requirements. The site plan could be phased
out, such that if the applicants open the site to customers in the future, the second phase would
require elements such as an ADA accessible route from a parking area to the office.
Comprehensive Plan Conformance:
The Comprehensive Plan provides guidance when considering any land use action. The
property is located outside of the Sewer and Water Service Area (SWSA) and the Urban
Development Area (UDA). The long-range land use of the property is designated to remain
rural in nature. The property is located within the Round Hill Rural Community Center as
identified in the Round Hill Land Use Plan, which mainly discusses residential development
patterns. One goal in the Rural Areas section of the Comprehensive Plan is to support the
growth of the county’s rural communities by encouraging appropriate mixes of residential,
commercial, and business uses within the Rural Community Centers (pg. 15). The proposed
landscaping contracting business is in general conformance with the Comprehensive Plan.
Zoning Ordinance Requirements:
The Zoning Ordinance does not include additional regulations for a landscape contracting business
and the use is not defined. §165-201.10 on Outdoor Storage and Processing requires that “outdoor
storage or processing shall be completely screened from the view of road and street right-of-way
and from surrounding properties by a six-foot-tall opaque fence, wall, berm or evergreen screen.”
Furthermore, “outdoor storage surface areas shall consist of asphalt, concrete, stone, gravel or any
other impervious surface approved by the Zoning Administrator.” These requirements must
be shown on the site plan for the property.
A landscape contracting business is allowed in the RA (Rural Areas) Zoning District with
an approved CUP.
Following the public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
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