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Board approves conditional use permit for landscaping business with limited hours and site-plan requirement

Frederick County Board of Supervisors · August 14, 2024
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Summary

After a public hearing and debate over site-plan level and neighbor impacts, the board approved a conditional use permit for a landscape contracting business at 171 Old Firehouse Lane, requiring a minor site plan, screening improvements and hours limited to 6 a.m.–8 p.m. (except emergency snow/storm response).

The Board of Supervisors on Aug. 14 approved Conditional Use Permit (CUP 3‑24) allowing a landscape‑contracting business to operate at 171 Old Firehouse Lane in the Back Creek magisterial district, subject to conditions including a minor site plan, screening (evergreen plantings and a berm), limits on the number of employee vehicles on site and hours restricted to 6 a.m. to 8 p.m.

Planning staff noted the property has functioned as a landscaping operation for years and recommended conditions that address hours of operation, screening, outdoor storage surfaces and a site plan prior to establishment of expanded use. Rob Sproul, attorney for the applicant, said a minor site plan or an illustrative sketch plan would address staff concerns without imposing the expense of a full engineered plan; neighbors spoke both for and against the proposal, with concerns about noise, truck activity and hours.

Supervisor Jewell moved to approve the CUP with a minor site plan requirement and to adjust the hours to 6 a.m. to 8 p.m.; the motion carried after roll-call voting. The board and staff discussed using the minor-site-plan mechanism in similar cases and asked staff to prepare clearer guidance to distinguish when a full plan is required vs. a minor or illustrative plan.

The conditions require the applicant to complete site-improvement elements shown on the approved site plan before a full change-of-use is established, maintain screening, and limit non‑emergency operations to the set hours; emergency snow removal and storm response were excepted.