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PC 04-20-11 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia April 20, 2011 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission shouldadopt the Agenda for the meeting................................................................ (no tab) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Conditional Use Permit 903-11 for Shenandoah Valley Flea Market, for an Outdoor Flea Market. The property is located at 3800 Front Royal Pike (Double Tollgate), and is identified with Property Identification Numbers 87-3-B and 87-3131 in the Opequon Magisterial District. Mr. Cheran....................................................................................................................... (A) 5) Conditional Use Permit #04-11 for Christopher DeCanio and Janet DeCanio, submitted by Thomas Moore Lawson, Esquire, for a Cottage Occupation - Counseling. The property is located at 1445 Senseny Road, and is identified with Property Identification Number 54-A-133 in the Shawnee Magisterial District. Mr. Cheran....................................................................................................................... (B) 6) Other FILE COPY C� • CONDITIONAL USE PERMIT #03-11 SHENANDOAH VALLEY FLEA MARKET Staff Report for the Planning Commission Prepared: April 4, 2011 w Staff Contact: Mark R. Cheran, Zoning and Subdivision Administrator 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: 04/20/11 Pending Board of Supervisors: 05/11/11 Pending EXECUTIVE SUMMARY: This is a request for an Outdoor Flea Market. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant shall apply for and install an approved septic system within one (1) year of the approval date of this Conditional Use Permit. 3. An engineered site shall be submitted to and approved by Frederick County, and all improvements implemented prior to operating the flea market. 4. Days of operations shall be limited to Friday through Sunday and holidays. 5. The use shall only have a single entrance onto a public road; that single entrance shall be onto Fairfax Pike (State Route 277). 6. No signage will be allowed on this site for this use. 7. Any expansion or change of use shall require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #03-11, Shenandoah April 4, 2011 Valley Flea Market LOCATION: This property is located at 3700 Front Royal Pike (Double Tollgate). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 87-3-B and 87-3-B1 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: State Highway Clarke County, Virginia West: RA (Rural Areas) Land Use: Landscaping business Land Use: Residential Land Use: Rt. 522 Flea Market Land Use: Vacant PROPOSED USE: This application is for an Outdoor Flea Market. REVIEW EVALUATIONS: Virginia Department of Transportation: The request for a Conditional Use Permit for this property appears to have a measurable impact on weekends on Route 277, the VDOT facility which would provide access to the property. The existing entrance will be required to be upgraded to meet current standards. Prior to any work being performed on the State's right-of- way, a land use permit will need to be applied for and issued to cover said work. The permit is issued by this office and requires a fee and surety bond coverage. Frederick County Fire Marshall: Plans approved as submitted. Frederick County inspections: Retail Stores shall comply with The Virginia Uniform Statewide Building Code and use group M (Mercantile) of the International Building Code/2006. Other Code that applies is ICC/ANSA A 117.1-2006 Accessible and Usable Buildings and Facilities. Note: the following section of the VUSBC that allows agreements between localities for code enforcement of structures that are located in both localities. 106.2 Delegation of Authority. The building official may delegate powers and duties except where such authority is limited by the local government. When such delegations are made, the building official shall be responsible for assuring that they are carried out in accordance with the provisions of this Code. Page 3 CUP #03-11, Shenandoah Valley Flea Market April 4, 2011 Accessible parking and route to the building shall comply with ICC/ANSI A 117.1-2006. Please note that the maximum slope across the parking and unloading area shall not exceed 1" in 48". All required egress doors shall be accessible to a minimum area of rescue on the exterior landing (Section 1007.8 IBC). Door locations are not shown on the plan at this time. Restrooms shall be provided on site with the International Plumbing Code 2006. Structural Plans submitted for permit application may require a seal by a licensed Virginia design professional. Note: This type structure shall require special inspection under Chapter 17 IBC (soils, concrete, bolts, etc.). Frederick County Department of Public Works: We will need a complete erosion and sediment control plan and statement management plan prepared for this site during the site plan review portion of this approval process. Frederick County Sanitation Authority: We do not serve this site. Frederick -Winchester Health Department: Permanent bathroom facilities for the public may be required. The Health Department cannot permit portable toilets for a means of permanent sewage disposal on this property. The Health Department recommends that the applicant apply and install an approved septic system within one (1) year. (Amended 11 March 2011) The existing well monitored by the VDH office (Clarke County) of drinking water may be used to support the Frederick County side. As long as proper easements and recordation is completed as appropriate. PlanninL, and Zoning: Flea markets are permitted within the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed flea market will be on two (2) parcels of land totaling 14+/- acres. The applicant is leasing 12+/ -acres of the 94+/- acre property identified as tax parcel 87-3-13, and owns 2+/- acres identified as tax parcel 87-3-131. This use will be an expansion of the existing flea market adjacent to the site which is located within Clarke County, Virginia. Other uses adjacent to the subject site include a vacant property and a property that is being used as a landscape contracting business. This 14 -acre flea market use will have a total vender area of 99,030 square feet, with frontage and a single entrance along Fairfax Pike (Route 277). (See attached sketch.) This entrance shall be the only entrance used to serve this site, no other entrances shall be permitted along Fairfax Pike (Route 277) or Front Royal Pike (Route 522). Furthermore, the proposed entrance shall meet the entrance requirements of the Frederick County Zoning Ordinance. An engineered site plan shall be submitted to and approved by Frederick County; all improvements shall be implemented prior to operating the flea market. All parking areas and travel areas shall be graveled. This use will only operate on Friday through Sunday and on holidays. As noted by the Heath Department, this use will utilize portable toilets for a period of one (1) year. However, the applicant shall apply for and install an approved septic system within one year of the approval date of this CUP. Should the applicant not install an approved septic system within the specified time, the CUP shall become void and revoked. Page 4 CUP #03-11, Shenandoah Valley Flea Market April 4, 2011 STAFF CONCLUSIONS FOR THE 04/20/11 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant shall apply for and install an approved septic system within one (1) year of the approval date of this Conditional Use Permit. 3. An engineered site shall be submitted to and approved by Frederick County, and all improvements implemented prior to operating the flea market. 4. Days of operations shall be limited to Friday through Sunday and holidays. 5. The use shall only have a single entrance onto a public road; that single entrance shall be onto Fairfax Pike (State Route 277). 6. No signage will be allowed on this site for this use. 7. Any expansion or change of use shall require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. CUP 03-11 Shenandoah Valley Flea Market PIN 0 817-3- B,37 -�- B1 Outdoor Flea Market in RA District) 01 . r4r Application Parcels ' Future Rt 37 Bypass Urban Development Area Sewer and Water Service Area [F�30 MAW r y C�?I szz'j t' rr � Note: Frederick County Dept of CUP # 03- 11 Planning & Development Shenandoah Valley Flea Market 107 N Kent St PIN # 87-3-13, 87-3- 131 suite 202 Winchester, VA 22601 (Outdoor Flea Market in RA District) 540-665-5651 Map Created: March 14, 201 1 0 100 200 400 Feet Staff: mcheran I—ITE—i h l Submittal Deadline P/C Meeting D BOS Meeting f >r J APPLICATION FOR CONDITIONAL, USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the X owner other) NAME: Royston Eshelman Properties LLC and Montie W. Gibson, Jr. ADDRESS: 3700 Stonewall Jackson Hwy, P.O.Box 221, White Post, VA 22663 TELEPHONE 940-671-3122 Cel 540-864_1561 B�sin�ss 2. Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in the interest of the property: Royston Eshelman Properties LLC, Shen-Vallev Flea Market Mentie W Gibson, Jr 3. The property is located at: (please give exact directions and include the route number of.your road or street) 3700 Stonewall Jackson Hwy. - Approx. 250 yards North of Intersec- tion of Rt. 522, Rt. 340 and Rt. 277 (Double Tollgate OnNorth of Intersection left side 4. The property has a road frontage Of 3155.10 feet and a depth of 799.24 feet and consists of 12.222 acres. (Please be exact)Note: Road Frontage On Rt. 277 of 572.78 feet 5. The property is owned by Ro s�t,n�?Montie W. Gibson, Jr. s � �n Pr -LG . LLG & as evidenced by deed from W, i I ; --m R & P-g- �1..yn f1S7A r,,,, / recorded (previous owner) Carl Frye in deed book no.460 & 979 on Page 351 & 14b1as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I.D.)No.g -3 Parcel Bl 87-3 Parcel B Magisterial District (lnan„ten Current Zoning Ria r T 7. Adjoining Property: USE ZONING ahand itPmc, North s,1P of nradurP/groceries_, �antiques RA East R A South I ct�n� RA- S "Cnn��PniPTlf P ctnrP, homesiCP�- RA West sale of rodiirP,--eta. 8. The type of use proposed is (consult with the Planning Dept before completing) r conditional use ermit in RA district marker unde 9. It is proposed that the following buildings will be constructed: no ui ings 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME ADDRESS P n ,x71 1, D a i i a G ��77 TX 75221 PROPERt*1llffEleven Inc. Tax Dept #32269 NAME m tie W Gihcon, Jr.- ADDRESS 101 Cahi11P Drive, Winchester, VA 22602 PROPERTY ID# 8 7 - 3 - B NAME (;ary W _ and Sharon R— ADDRESS 514 1 ark Road McDonald Stephens City, VA PROPERTY ID# &7 n 22655 NAME Keith F and Sandra S. ADDRESS 2204 Fairfax Rogers White Post, VA 22663 PROPERTY ID# R n _ P9 Tj Horizon Holdings, LLC ADDRESS Round Hill, VA 20142 PROPERTY D j :: NAMEWendi G. and Steve D. ADDRESS 2+54 Fair+ -a Simmons White Post, VA 22663 PROPERTY ID# S _ A _ g l NAME Ethel A. Robertson Joseph A. Kidwell PROPERTY ID# 87-A-93 NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAMME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME FROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS 2142 Fai rfnx Pike White Post, VA 22663 ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS F-11 M 93 L4 ADDRESS ADDRESS ADDRESS 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. to T 4. r., N/F Hp� NBI PAS ft t Ipp f pHplDlN� 88 LLC ORLP 1 FAIRFAX ppCE VARIABLE O.S. 179/1491- nMDMM COUNTY. 7 �1 SITE PLAN SHOWING EXISTING AND PROPOSED lx IMPROVEMENTS TO THE SHEN. VALLEY FLEA MARKET §T et ON THE ROYSTON ESHELMAN PROPERTIES, L.C. AND ON THE LEASE AREA OF GIBSON T.M. PARCEL 8 proparod by: plo°�is Opequon Magisterial District PROFESSIONAL LAND SR nvEYDR y' � QRAVD. Affil \ P.O. DOx I57e A1O0 w PRmam CO. FREDERICK COUNTY, VA TM « AX (540) 635_3667 4 T.Y. SEC. 37-3 PARCEL Rt DECEMBER 20, 2010 C,TWl" PROPOOR4. LC. REVISED MARCH 16, 2011 351.64' ZONED RA 45.76• APPROVED BY FREDERICK COUNTY GATE RD, PAVED OLD RT. 277 8 o " I J ZOIR110 AOLIINIOiMTOR DAT[ J G B ,D W Rw0 SITE PLAN VALID FOR S YEARS FROM APPROVAL DATE �3l�iI�A� Iy�RPEM1M1 i .- DENOTES MARE Talo URRLv 07NERRTx NOTED I � DOIOIEb OVER"m MRE3. IL) V`9`(� � IL22a Am'! r iM YM x00011 67-a rARm 0 /E Do o L � s0- VKRRrr YAR r•. 2/pE �� To ..rt ran PER r a ° I olrmooR 01�tAY VENDER AREA TAW/LAnON � VENDER A1EA 1 a.= 30. Fr. I IN T.Y. DED. 67-3 PRIM 6 VENDER AEA 2 7.160 Sm Pr. VOBER AJ FA 3 0.031 SO. R. - - } V@E[N AREA a 10.606 SM FT. VOIDER AREA 6 20.201 SIL FL PARKNIO TABULATION VETw01 AWA 6 16,002 M FT. ':• vENOEN MFA 7 • 12012 SQ. Fr. TOTAL VENDER AREA- 120,507 SQJT. 0 1 :. VENDER AREA 0 0.160 So.Pf. SPACE PER 3.000 $0. Fr. OUTDOOR OHPIAY AREA VENDER AREA 0 14107 30. R. AREA h.:. PROPOSED VENDER 10 10.000 30. R. 3A0049:S47 - K PAIOOIO SPACES PROPOSED VENDER AIFA 11 IDOOD S0. R. NANICAP SPACES + 3 PIRB110 SPACES TOTAL . 7 SQ. FT. TOTAL �PARNM SPACES /• AREA TABULATIONI . ? ROYSTON r CLAVM1 PR PARCI P01UNO1 Or OANNC CO. PARC[L 0 _ anDArzo w r1soEBCK co. . a2ao AM \ MFA w FREDEF" CO. ROYSTON ESHOMAN PYIPERIES 010 , MRTKM or FREOEBOI COUNTY ROYSTON Em.MAN PROPS Em PARCEL 61 3RUWTED w FNMVMX Co. - 1.707 ACRD La \ TARED w CLAW CO. UNION TAL SIC" Al PMCEL E - - '; TJL SOL DA -A FARCE 0 O® DOOK IN PAGE ISO UEM ARG SITUATED w PIYDMtlf CO. . 12222 ICRC! ..."• ? ROOF OVER TOTAL AREA a 14A79 ACRES THE PURPOSE Or TB6 SU PLAN 4 FOR MOPOSED EPANNON OF AN OUSTING OUTDOOR PEA MAIM MOOT o WUATED NDE TO AN 03"" UBOOR/OVTDOOR Hd MANOTT OPERATED R ROY6TON LlMERA11 PROPI R IS, LA w CLARK[ COUNTY ALL PORTAE POROMA. CONVOCERCE FACM® AND OUTDOOR TRAIN ROM"AcLES AM LOCATED ON THE CIAMM COU RrV MWERTY ARE 1EORATED TNUOUOI CLAMS COUNTY 0 •\ N0 TNA w m r1JINRYYD TO THIS OTPICL d SUBJECT TO ANY AND ALL EASEENA OF RECORD. EEVATIOMS PER U1S0! OM 0 241. '0. SEED DOWATMN OF TITLE PARCO. 41 TO, ROYSTON ISNAIM I HBPORRS, LL ADMIM P.O. DB2 271. WHIM MST. VA 22463 (610)-47"12L PIA QW. / OIO OTM - FMMM COUNTY. ry 1C4 WWATNN Or TRE PARCEL 6 TOS YOURS M. OESON. AL ADE PEAR. L OWN `� ADORES& 101 CAtM�e MM RBORSIEI, VA. 22403 12. Additional cornments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and .Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner ,Swners'Mailing Address _1_7j8 Ashby Statinn Road-, Front Royal., VA 2-2630 Owners' Telephone No. ( 5/,C)T636-9716 TO BE COMPLETED BY TIIE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE, : E2. Additional conunents. if any: I (we), the undersigned, do hereby respeeffilly make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at !east seven (7) days prior to the first public hearing and maintained so as to be visible until after the. Board of Supervisors' public hearing. Your application for a Conditional Use Permit alithorizes any member of the Frederi6k County Planning Commission, Board of Supervisors car Planning and Development Depaitment to mspect yourproperty where the proposed use will be conducted. signature of Applicant %gnature of Owner Owners' Mailing Addre: OwneB"17elePhOnae No- 5 4 0 r0 -7 A Q STRATOR. Q (E NE WAL DATE CO Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: vvv,,w.co.fredcriekva.us �W Im Department of Planning & Development, County of Frederick, Virginia, 1.07 North Kent Street, Suite 202, Winchester, Virginia 22601 Phone 54.0-665-5651 Facsimile 510-665-6395 Know All Men By Those Present: That I (We) (Narne)W 1 7 i a m S_ R cyg t n n q r (Phone)_(540) 636-9_ �5 (Address) - the owner(s) o all t ose tracts or pa=ce s o� an"Property') co eyed to ine (us , y eed recorded inthe Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 4_64.. on Page 35 g , and is described as Parcel: S 7 3 Lot: &L_ Block: Section: Subdivision: do hereby make, constitute and appoint: (i°darne) Tnc�nli F �i1L�k9 Jr ,PC (Phone)(-,Ao) r,35_o,415 (Address) /� To act as my true and Ia u1 attorney-in-fact for ari in my our) name, p ace, Ad st6ad with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including. ❑ Rezoning (including proffers) �c,$l A 44 Conditional Use Permits \��.�`' ,`� . 0 4•..• 0 Master Development Flair (Preliminary and Final) Z ; REC4y' ❑ Subdivision = 712'7449 :nav ❑ Site Plan QaREsr My attorney-in-fact shall have the authority to offer proffered conditions and to make ai ) previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. 1 _ In witness thereof, I (we) have hereto set my (our) hand and seal this` day of _Lcb_ , •Y Signature(s) State of Virginia, Cite/County of �,%� ��(' �'�� , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this - day of SFJ. _, 2100,�X`E My Commission Expires:_ of y Public (oC Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202, Winchester, Virginia 22601 PY10ne 540-665-5651 Facsimile 540-665-6335 Know All Men By Those Present: That I (We) (Maine) mo n t l€ W Gibson, jr. (Phone) t' 0 a 7 ii - 4 3 Q 2 (Address) the owner(s) a 1 t , s�o p r�Cy s of lav roperty '5 conveyed to me us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 7 9 oil Page 14 5 1 , and is described as B Parcel: Lot$? -Plock: Section: Subdivision: do hereby make, constitute and appoint: (I lame) .T s P p h F S; 1 P k, 3 r TPC (Phone) '--0- ) 6 3 -5- 94 1 5— (Address) 43 Chester Street (P.O.Box 602) Front Royal VA 2ZL 0 To act as my true and la`vfiil attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including. ❑ Rezoning (including proffers) \`\i�`1\\llltlfll!!!///���/ R1 Conditional Use Permits .�`,�5'��o ❑ Master Development plan (Preliminary and Final) : c•°� ��(`� I ❑ Subdivision = c trE�m1*Tror! rte. 70574:19 ❑ Site P1affi e ".HYCOMM. EXPiRE6:: 09/3012014 My attorney-in-fact shall have the authority to offer proffered conditions and to snake am previously approved proffered conditions except as follows: This authorization shall expire one year fi°om the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I ( Si,gnatare(s) State of V thisiday of�j. I, -__-Jc a "-a d , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the salve before me in the jurisdiction aforesaid this "day of Rh_, 2104A:) L `� L J ;�.' My Commission Expires: j�()1 11©t 1� Public -7ou 7L114C' CONDITIONAL USE PERMIT #04-11 c�o0 CHRISTOPHER DeCANIO & JANET DeCANIO Ww ' Staff Report for the Planning Commission Y Prepared: March 14, 2011 �1 Staff Contact: Mark R. Cheran, Zoning and Subdivision Administrator 1)38 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: 04/20/11 Pending Board of Supervisors: 05/11/11 Pending EXECUTIVE SUMMARY: This is a request for a Cottage Occupation - Counseling Office. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant shall provide and delineate two (2) parking spaces for this use. 3. No signage allowed. 4. No more than eight (8) clients per day. 5. Any expansion or change of use shall require a new Conditional Use Permit Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP 404-11, Christopher DeCanio & Janet DeCanio March 14, 2011 LOCATION: This property is located at 1445 Senseny Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 54-A-133 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Residence ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Land Use: Residence South: RP (Residential Performance) Land Use: Residence East: RP (Residential Performance) Land Use: Residence West: RP (Residential Performance) Land Use: Open Space PROPOSED USE: This application is for a Cottage Occupation - Counseling Office. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 657, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick Countv Fire Marshall: Plans approved as submitted. Frederick County Inspections: Buildings shall comply with The Virginia Uniform Statewide Building Code and Section 304-B, Business Use Group of the International Building Code/2003. Other Code that applies is ICC/ANSI A117.1-03 Accessible and Usable Buildings and Facilities. Change of Use for Conditional use of existing garage as counseling service within existing Residential R-5 shall comply with ANSI Al 17 & International Building Code for entrance and parking. Electrical, Mechanical and Plumbing permits may be required in addition to a building permit. Existing garage will require a building permit to change into office (future). Mechanical venting per IMC if deemed required. Please submit floor plan at time of application for building permit application. Plan should indicate materials used in constructing any partitions. (i.e., 2x4 @24" oc.) Page 3 CUP #04-11, Christopher DeCanio & Janet DeCanio March 14, 2011 Frederick County Department of Pnlzlic Works: No comments Frederick County Sanitation Authority: There is adequate sewer capacity and water capacity and pressure to serve this site. Frederick -Winchester Health Department: Health Department has no objections to the request so long as public water and sewer are utilized. Planning and Zonintt: Cottage occupations are allowed within the RP (Residential Performance) with an approved Conditional Use Permit (CUP). This proposed cottage occupation will be conducted within the residence, and ultimately will move to a garage converted for the use, separate from the residence. This proposed use will have no more than eight (8) clients per day. Access to this property will be via Senseny Road on an existing driveway and two parking spaces will be required for this use. The property is surrounded by residential properties, and based on the limited scale of this proposed use and evaluation of the property, it appears that this proposed use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 04/20/11 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant shall provide and delineate two (2) parking spaces for this use. 3. No signage allowed. 4. No more than eight (8) clients per day. 5. Any expansion or change of use shall require a new Conditional Use Permit Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. CUP # 04 - 11 Christopher & Janet ®eCani® ltn'm PIN # 54 - A - 133 ,..:. 1�.aft'age Occupation -Office) fl '4H 32 54H 31 54 A 133 AMM Winchester I Parcels C U P0411_ChristopherJanetDeCanio Future Rt 37 Bypass y Urban Development Area _jSewer and Water Service Area irracv 54 ;2 2 54c �� c 46 W M CUP#04-11 Christopher & Janet DeCanio PIN #54-A-133 (Cottage Occupation - Office) 0 30 60 120 180 240 Feet q�41 Note: Frederick County Dept of Planning & Development N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: March 9, 2011 Staff: mcheran ..ubrtl Deadline Ded7 l �• 3©S. i`�Ie ting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the x _— owner other) NAME Christopher C. DeCanio, LP, Ph.D. and Janet V. DeCanio ADDRESS: 1445 Senseny Road, Winchester, VA 22602 TELEPHONE (540) 722-3068 2. Please l_sz a l 1 owners, occupants (adult individuals els well as any entities occupying na the property) , or parties in the interest o;, the property: Christopher C. DeCanio, LP, Ph.D.; Janet V. DeCanio; Robert W. Kraft, trustee for Mortgage Electronic Registration Systems, Inc.; Melinda Clayton, trustee for JPMorgan Chase Bank, N.A. 3. The property is located at: (please give exact directions and include the route number of your read or street) 1445 Senseny Road, Winchester, VA22602 The property is located on Senseny Road, across from Oakdale Crossing subdivision. 4. The property has road frontage of 123.75 p y 9 .feet and depth of 278.80-295.10 feet and consists of .81 acres, (Please be exact) 5. The property i s owned by Christopher C. DeCanio, LP, Ph.D. and Janet V. DeCanio as evidenced by deer. from Dennis V. Sours recorded as instrument (previous owner) =- -deed--tea-' no. 040016950 ---------------------= as recorded in the records of the Clerk of the Circuit Court, County of Frederick. N1 Tax(Parcel)identification (I. D.) No. Magisterial District Shawnee Cur rent. Zoning RP Residential 54-A-133 7. Adjoining Propertr i SSE ZONINQ North Residences RP East: Residence RP SoUtIl Road/Residences RP Subdivision Common Area RP Tile type of use propOsed. is (conjwlt Nvith:the Plapnitig. Do.p before cohil5teting) The proposed I use is a small business office (counseling) on main level of home which will be relocated to the existing garage after the garage is finished as an office. The use will be limited to eight (8) clients per weekday. Y.; It is proposed Haat the follmving buildings will: be consti-LiPted; N/A 10. The following are all of the individuals, finns, or Corporations owning pipparty adjacent - to both sides and -rear and in fro'ilt of (across: street froni) the property ,Micre the requested 118r, will be conducted. (Continue on back if aecessary) These peop1ewill, be notified by mail of this A!'yPlication'.. NAME V. Gail Lankford PROPERTY ID 541-2-2 NAME Kirk and Fawn C. Papastavrou PROPERTY lD# 541-2-66 NAME Irvin Scott Shendow PROPERTY 1D# 5414-3-25 'NAME Preston S. Fox PROPERTY' ID9 54H-3-26 Windsor Hill Estates Homeowners NAME Association, Inc. ADDRESS 99!Crestleigh Drive, Winchester, VA 22602 100 Crestleigh Drive, Winchester, VA 22602 ADDRESS 95 Abbey Road, Winchester, VA 22602 ADDRESS 97 Abbey Road, Winchester, VA 22602 ADDRESS 126 North Kent Street, Winchester, VA 22601 PROPERTY ID# 54H -3-26A Christopher C. DeCanio, LP, Ph.D. and 1455 Senseny Road, Winchester, VA 22602 j\jAA4E Janet V. DeCanio ADDRESS PROPER T De, Y: I 54-A-130 l 1. Please use this page for your sketch of the property-. Show proposed and/or existing structures on theproperly. including measurements to all property- lilies, See attached. 1.2. Additional coninients, if any: I (fate), the undersigned, do hereby respectfitlly make application and petition the governing body of Frederick County, Virginia to. alloNv the use described in this application: I understand that the sign issued to me when this application is submitted must. be placed at the front property line at least seven (7) dayspl iot- to the first public hearing and .maintained so as to he Visible until after the Board. of Supervisors` public bearing, Your application for a Conditional IJse Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Christopher C. DeCanio, LP, Ph.D. and Janet V.e�445 Senseny Road, Winchester, VA 22602 Owners' Felephone Na: (540)722-3068 TO BE COMPLETED BY "I HE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE,: