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HomeMy WebLinkAbout03-24 BOS Staff Report 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 Recommended Approval 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 Board of Supervisors find the use to be appropriate, the Planning Commission recommended 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 9:00 PM daily with exceptions for emergency inclement weather services (snow removal and storm damage remediation). Customer visits shall be limited to 8:00 AM to 5:00 PM daily. 3. No more than 60 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, 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. CONDITIONAL USE PERMIT #03-24 172 Fire House LLC and Barbara Singhas (Robert Sproul POA) Landscape Contracting Business Staff Report for the Board of Supervisors Prepared: July 25, 2024 Staff Contact: Kayla Peloquin, Planner CUP #03-24 172 Fire House LLC & Barbara Singhas July 25, 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: 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. 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, 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. CUP #03-24 172 Fire House LLC & Barbara Singhas July 25, 2024 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. Other Review Agency Comments: Review Agency Comment Issuance Date Status Virginia Department of Transportation (VDOT) August 4, 2023 Originally recommended a turn lane warrant analysis – VDOT did the analysis and determined no turn lane is warranted at this time. Virginia Department of Health (VDH) July 20, 2023 Unable to locate existing onsite sewage system records. If changing use of residence to office, hire Onsite Soil Evaluator (OSE) to determine capacity of existing system. Frederick County (FC) Inspections July 19, 2023 Change of use required for office, must meet Building Code and have accessible route. FC Fire Marshal August 12, 2023 Compliance with Fire Code. Historic Resources Advisory Board (HRAB) May 20, 2024 Consider mixture of planting types for screening. CUP #03-24 172 Fire House LLC & Barbara Singhas July 25, 2024 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 07/03/24 MEETING: The Planning Commission discussed other options to the hours of operation from 6:00 AM – 6:00 PM with seasonal variation as proposed by the application, such as from dawn to dusk or sunrise to sunset, to not limit the business and allow for more flexibility for emergency situations. Mr. Pearson stated that the hours of operation are intended to make sure there are some bounds to the CUP as the business operates in a primarily residential area. Members discussed the requirements for screening and Mr. Pearson clarified that any outdoor storage of materials or equipment would be required to be screened per the Zoning Ordinance and depicted on the site plan. There was a discussion on the VDOT comment requiring a turn lane warrant analysis be done by the applicant. Mr. Pearson stated that since the time of that comment, VDOT has completed the turn lane warrant analysis and determined that a turn lane from Round Hill Road onto Old Firehouse Lane is not warranted at this time. Regarding the VDH comment, Mr. Pearson stated the applicants are working to determine the adequacy of the existing septic field. Mr. Sproul, representing the applicants, shared the history of the property and the business as it relates to the zoning violation. Mr. Sproul requested a few changes to the conditions as proposed. The hours of operation were initially requested from 6:00 AM – 6:00 PM, but dawn to dusk would better account for seasonal variation along with language to allow for work outside of those hours for work in inclement weather, such as snow removal and storm remediation. Mr. Sproul requested the limit of 30 employee vehicles be changed to 60, as there is currently room to accommodate 30- 40 employee vehicles and the new cap would allow room for expansion. Lastly, Mr. Sproul asked the site plan requirement to be changed to an illustrative sketch plan, which would still provide details for the Zoning Ordinance requirements for screening and surface materials for parking and outdoor storage. One public comment was made by an adjoining landowner in support of the application as long as fencing and evergreen trees are installed as a buffer. He stated that traffic has not been an issue to date. In conclusion, Mr. Pearson said if the employee vehicle cap is significantly increased, that would be handled at the site plan stage as VDOT would have an opportunity to comment at that time. The screening requirements can only be enforced through a site plan, unless a specific condition on screening is added to that effect. The Planning Commission unanimously recommended approval of the CUP with two modifications that staff work with the applicants on language for hours of operation and that the cap of 30 employee vehicles be changed to 60. 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.