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Home My WebLink About06-06 Approval LetterV)(L9-TIo,k)W-)i-7..2- COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 CERTIFIED MAIL July 12, 2010 Horton Investments Attn: Mr. and Mrs. James Horton 908 Cedar Creek Grade Winchester, Virginia 22602 RE: 2731 Front Royal Pike Property Identification Numbers (PIN): 76-A-62, 61 and 65 Zoning District: RA (Rural Areas) Dear Mr. and Mrs. Horton:` This letter is to inform you that you are in violation of Conditional Use Permit (CUP) #06-06, approved by the Board of Supervisors on September 27, 2006. The approval of this CUP was for the property noted by PIN: 76-A-62. Staff visited the property and has determined that you are in violation of the conditions placed on CUP # 06-06. In accordance with Section 165-103.01 of the Frederick County Zoning Ordinance, any land use that is listed by Conditional Use Permit for the zoning district shall be approved by the Board of Supervisors. You have expanded your retail nursery business to adjoining properties PIN: 76-A-61and 65. The property noted as 76-A-61 is being used for storage of plantings and trees and was not included with the approved CUP. The property noted as 76-A-65 along Fries Loop Road is being used for storage of products and was not included with the approved CUP. The expansion of this retail nursery is a violation of Condition(s) 1, 2, and 6 as set forth by CUP # 06-06. This office will allow thirty (30) days from receipt of this letter to resolve these violations. Specifically, resolution of these violations may be accomplished by submitting an application for an expansion of CUP# 06-06 for this property and the adjoining properties. Failure to comply with the Code of Frederick County will result in a criminal complaint being filed against you. You have the right to appeal the above notice of violation within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-1001.02, of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing fee ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. & Mrs. Jarncs Horton Re: 2731 Front Royal nice July 12, 2010 a public hearing decision before the BZA. I have included a copy of the approval letter, listing the conditions placed on CUP #06-06, for your review. Contact me regarding any questions that you may have at (540) 665-5651. Sincerely, R. Cheran Zoning Administrator Enclosure MRC/dlw cc: Gene Fisher, Shawnee District Supervisor bcc: Lawrence R. Ambrogi and H. Paige Manuel, Shawnee District Planning Commissioners CERTIFIED MAIL May 9, 2008 Horton Investments Attn: Mr. and Mrs. James Horton 908 Cedar Creek Grade Winchester, Virginia 22602 RE: 2731 Front Royal Pike Property Identification Number (PIN): 76-A-62 Zoning District: RA (Rural Areas) Dear Mr. and Mrs. Horton: mp-q FU COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 This letter is to inform you that your Conditional Use Permit (CUP) #06-06, approved by the Board of Supervisors on September 27, 2006, is being scheduled for revocation at the earliest public hearing date due to violations of the conditions placed on CUP # 06-06. You will receive further notice from this office in regards to the time and location of this public hearing. In accordance with Section 165-21 of the Frederick County Zoning Ordinance, the Board of Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the Conditional Use Permit. On April 28, 2008, staff visited the property in regards to violations of conditions placed on CUP # 06-06, and noted the following violations: Violation 1: County records note that the Frederick County Health Permits have not been issued for the health system and well on this property. Violation 2: Violation of the approved site plan: outdoor storage located in the front of the property and not located in the rear of the property or within the greenhouse. I have included a copy of the approval letter, listing the conditions placed on this CUP, for your review. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, 1� lark R. Cheran Zoning Administrator Enclosure MRC/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 CERTIFIED MAIL May 9, 2008 Horton Investments Attn: Mr. and Mrs. James Horton 908 Cedar Creek Grade Winchester, Virginia 22602 RE: 2731 Front Royal Pike Property Identification Number (PIN): 76-A-62 Zoning District: RA (Rural Areas) Dear Mr. and Mrs. Horton: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 This letter is to inform you that your Conditional Use Permit (CUP) #06-06, approved by the Board of Supervisors on September 27, 2006, is being scheduled for revocation at the earliest public hearing date due to violations of the conditions placed on CUP # 06-06. You will receive further notice from this office in regards to the time and location of this public hearing. In accordance with Section 165-21 of the Frederick County Zoning Ordinance, the Board of Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the Conditional Use Permit. On April 28, 2008, staff visited the property in regards to violations of conditions placed on CUP # 06-06, and noted the following violations: Violation 1: County records note that the Frederick County Health Permits have not been issued for the health system and well on this property. Violation 2: Violation of the approved site plan: outdoor storage located in the front of the property and not located in the rear of the property or within the greenhouse. 1 have included a copy of the approval letter, listing the conditions placed on this CUP, for your review. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Zoning Administrator Enclosure MRC/dlw bee: Gene Fisher, Shawnee District Supervisor Lawrence R. Ambrogi, H. Paige Manuel, Shawnee Planning Commissioners 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 FILE C COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 September 28, 2006 Mr. and Mrs. James M. Horton 908 Cedar Creek Grade Winchester, VA 22601 RE: CUP #06-06 for Horton Investment, LLC Property Identification Number 76-A-62 Dear Mr. and Mrs. Horton: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 27, 2006. The Conditional Use Permit #06-06 for a retail nursery was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by, Frederick County prior to business activities. 3. One (1) non -illuminated freestanding business sign shall be allowed on the property; the sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed ten feet in height. 4. The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance and the driveway that adjoins Fries Loop Road (Route 760) shall be the exit for accessing Front Royal Pike (Route 522). 5. Eighteen employees are permitted between the months of April, May and June; while the remainder of the time, the site shall have no more than six employees. 6. Any change or expansion of use will require a new Conditional Use Permit. 7. Establish a 25 -foot full landscaped buffer against any adjoining residential lots. 8. Storage of heavy equipment will take place within the greenhouse. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. and Mrs. James M. Horton Re: CUP #06-06, Horton Investment, LLC September 28, 2006 Page 2 If you have any questions regarding this action, please feel free to call this office. Sincerely, Kevin T. Henry Planning Technician KTH/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot and Robert A. Morris, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue