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PC 07-02-08 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia July 2, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting................................................................ (no tab) 2) May 21, 2008 Minutes..................................................................................................... (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Conditional Use Permit #05-08 for Bubble Works, submitted by Painter -Lewis, PLC, for an Off -Premise Sign. This property is located at the intersection of North Frederick Pike (Route 522 North) and Westminster -Canterbury Drive (Route 1318), and is identified with Property Identification Number 53-4-2-D in the Stonewall Magisterial District. Mr. Cheran...................................................................................................................... (B) 6) Conditional Use Permit #06-08 for Barleyfield Farm Cottage Bed & Breakfast, for a Cottage Occupation — Bed & Breakfast. This property is located at 967 Marlboro Road (Route 631), and is identified with Property Identification Number 74 -A -13A in the Back Creek Magisterial District. Mr. Cheran....................................................................................................................... (C) 7) Other FILE COPY MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick Comity Administration Building at 107 North Kent Street in Winchester, Virginia on May 21, 2008. PRESENT: June M. Wilmot, Chairman/Member at Large; Christopher M. Mohn, Red Bud District; Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District; Lawrence R. Ambrogi, Shawnee District; Charles E. Triplett, Gainesboro District; George J_ Kriz, Gamesboro District; Gary Lofton, Board of Supervisors Liaison; and Roderick Williams, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District; Gregory S. Kerr, Red Bud District; Gary R. Oates, Stonewall District; Richard Ruckman, Stonewall District; and H. Paige Manuel, Shawnee District. STAFF PRESENT: Michael T. Ruddy, Deputy Planning Director; Mark R Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the agenda for the May 21, 2008 meeting. MINUTES Upon motion made by Commissioner Unger and seconded by Commissioner Watt, the meeting minutes of April 2, 2008 were unanimously approved as presented. COMMITTEE REPORTS Sanitation Authority (SA) — 05/20/08 Mtg. Commissioner Unger reported that the SA re-elected the same officers as they had previously, with Robert P. Mowery, C.P.A. as Chairman; John Stevens as Vice Chairman; and Richard A. Ruckman, P.E. as Secretary/Treasurer. Commissioner Unger reported that rainfall for the month of April was 4.8 inches, which is about two inches above normal and is very good. He said it brought the groundwater deficit to eight inches from Frederick County Planning Commission l Page 2252 Minutes of May 21, 2008 the previous ten -inch deficit. He reported that the Stephens City quarries rose about 20 feet, with the north quarry now at its proper level. He said flows were up about 2.1 million gallons for seiner, due to infiltration; H.P. Hood had some abnormal flows, but the problem has been corrected. Commissioner Unger added that water production In addition, the James Diehl Plant and the James Anderson Plant each remains at about 5.4 mgd, which is normal. received operational awards. Transportation Committee — 05/19/08 Mtg. Commissioner Kriz reported that neither Commissioner Oates nor he could attend the transportation Committee meeting; however, Deputy Director -Transportation, John A. Bishop, provided notes of the meeting, as follows: Staff, along with VDOT, prioritized projects for the Secondary Road Project in the following order... 1) realignment of Brucetown Road; 2) Double Church Road from Route 277 to the location of the future relocated Route 277; 3) realignment of Valley Mill Road at Route 7 (West); 4) Warrior Drive from Route 277 to Double Church Road; 5) Spine Road from the Haggerty Development to Senseny Road; 6) Senseny Road widening; and, 7) extension of Smithfield Avenue to Brooke Road and associated disconnection of Brick Kiln Road from Brooke Road. Commissioner Kriz said the Transportation Committee unanimously recommended endorsement of the list as presented. Commissioner Kriz reported that the Transportation Committee reviewed the scope of work for the next phase of study required for the Route 37 Eastern Bypass and recommended its approval while allowing staff the latitude to refine certain technical details of the survey standards in cooperation with VDOT. In addition, the staff recommended and the Committee endorsed the idea that VDOT manage the project. The last item Commissioner Kriz reported about was the staff's update to the Committee on the draft Traffic Impact Analysis standards. He said feedback is being solicited from a number of entities and meetings are being set up A ith stakeholders. Once the feedback has been received, the Transportation Committee will be provided with an updated draft of the standards for recommendation to the Board of Supervisors. NAICS Work Group Chairman Wilmot reported that the NAICS Work Group has been working on converting the zoning ordinance from the SIC (Standard Industrial Classification) codes to the new NAICS codes adopted several years ago. She said considerable progress has been made by the NAICS Work Group on the new ordinance, which will be needed for Route 277 and involves combining office and light manufacturing uses. She said it will also be used in other parts of the County, but the Route 277 area will be the first. Chairman Wilmot anticipated the draft ordinance coming through the DRRS (Development Review and Regulations Subcommittee) shortly. Frederick County Planning Commission Minutes of May 21, 2008 Page 2253 -3 - Natural Resources (Environmental) Committee — 05/20/68 Mtg. Commissioner Kriz reported that the Natural Resources Committee is making progress towards the development of an Environmental or Natural Resources Section for the Comprehensive Policy Plan. He said several of the individual sections have been written and ideas were presented for concise language. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject that was not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article XIII, Medical Support (MS) District, to allow Continuing Care Retirement Communities (CCRC) in the MS Zoning District. No Action — Postponed Due to Lack of Quorum Commissioner Mohn stated that he needed to recluse himself from all discussion and votin Q on this item due to a potential conflict of interest. Chairman Wilmot announced that with Commissioner Mohn's abstention; there are only six voting Commission members remaining, which does not constitute a quorum. She stated that without a quorum, the public hearing item will have to be postponed. The Planning Commission's Legal Counsel, Roderick Williams, agreed. COMMISSION DISCUSSION URBAN DEVELOPMENT AREA (UDA) BOUNDARY CLARIFICATION AT STONEWALL INDUSTRIAL PARK. Deputy Planning Director, Michael T. Ruddy, stated that in 2006, the Planning Commission and the Board of Supervisors dealt with a number of boundary modifications to the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area) to reflect the land use designations of the Comprehensive Policy Plan. He commented that this positive effort right -sized and corrected many issues with the UDA and SWSA boundaries. More recently, on April 9, 2008, the Board of Supervisors discussed one particular location that revolved around the 2006 UDA modification in the area of the Stonewall Industrial Park. He said the Board requested that the UDA line be adjusted to reflect the previous location, prior to the approval of the Russell- Glendobbin rezoning, with the UDA boundary following Route 37 to existing Route 11. Mr_ Ruddy said this request is actually consistent with the endorsement previously offered by the CPPS (Comprehensive Plans and Programs Subcommittee) and the Planning Commission. He said the adjustment would have no impact on existing Stonewall Industrial Park, zoned M1, enabling this development to continue consistent with its MDP Frederick County Planning Commission Minutes of May 21, 2008 Page 2254 -4 - (Master Development Plan), and further, it would have no impact on the Russell Glendobbin rezoning request, a proffered rezoning endorsed and accepted by the County. In conclusion, Mr. Ruddy said it was also important to note that the SWSA would not change at this location; therefore, those properties, including the Russell- Glendobbin property, would continue to be served by pubic sewer and water. He added that the CPPS evaluated this request at their May 12, 2008 meeting and favorably recommended that this item be moved forward. No issues or areas of concern were raised by the Planning Commission. UPDATE ON THE COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPS) REORGANIZATION. Deputy Planning Director, Michael T. Ruddy, updated the Planning Commission on the recent reorganization of the Comprehensive Plans and Programs Subcommittee (CPPS). Mr. Ruddy said the CPPS's structure has been modified in an effort to effectively and efficiently accomplish the County's long-range community planning goals and to move the departmental work program forward. In addition, the reorganization is aimed at better utilizing the skills and knowledge of the many citizen planners who volunteer their time to assist with the County's planning efforts. He said the CPPS will oversee the efforts of the following three standing committees: 1) Community Facilities Committee, chaired by Mr. James Golladay; 2) Community Area Plans Committee, chaired by Mr. Christopher Mohn; and 3) Comprehensive Plan Committee. Mr. Ruddy briefly described the focus of each of the committees. The Commission favorably endorsed the reorganization of the CPPS. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 7:20 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R Lawrence, Secretary Frederick County Planning Commission Minutes of May 21, 2008 Page 2255 c� ca CONDITIONAL USE PERMIT #05-08 BUBBLE WORKS w Staff Report for the Planning Commission F w Prepared: June 13, 2008 Staff Contact: Mark R. Cheran, Zoning 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: 07/02/08 Pending Board of Supervisors: 07/23/08 Pending LOCATION: This property is located at the intersection of North Frederick Pike (Route 522 North) and Westminster -Canterbury Drive (Route 1318). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53-4-2-D PROPERTY ZONING & PRESENT USE: Zoned. B-2 (Business General) District Land Use: Commercial ADJOINING PROPERTY ZONING & USE: North: B-2 (Business General) Land Use: Commercial South: B-2 (Business General) Land Use: Commercial East: B-2 (Business General), RP (Residential Performance) Land Use: Cominercial/Residential West: B-2 (Business General) Land Use: Commercial PROPOSED USE: This application is for an off -premises sign. CUP 405-08, Bubble Works June 13, 2008 Page 2 REVIEW EVALUATIONS: Planning and Zoning: The Frederick County Zoning Ordinance allows for off -premises signs with an approved Conditional Use Permit (CUP). The Frederick County Zoning Ordinance specifies that when considering an off -premises business sign, additional performance standards should be considered to promote orderly economic development. These performance standards are to ensure that residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted. In addition, standards shall include: height and size limitations of signs, placement of signs along highway corridors, and illumination of signs to mitigate any negative impacts to adjoining properties and uses. This off -premises business sign is illuminated; standing approximately fifteen (15) feet in height with sign face area of approximately fifty (50) square feet. The sign will be located on property that is adjacent to N. Frederick Pike (Rt.522). There are currently two (2) business signs located on this sign structure reading "Westminster Canterbury" and "Bubble Works" (See illustration by applicant). This off -premises sign will be used for "Westminster Canterbury" only and no other signage will be allowed on this site (See illustration 1). The current sign face size of fifty (5 0) square feet shall not be increased in size, and the current sign height of fifteen (15) feet shall not change. This proposed sign meets the distance requirements for signage, as noted within the Frederick County Zoning Ordinance STAFF CONCLUSIONS FOR THE 07/02/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. Sign shall be properly maintained. 2. This illuminated off -premises business sign shall not exceed 15 feet in height and 50 square feet in face area. 3. Only the Westminster Canterbury sign shall be on this sign structure. 4. Any expansion or modification shall require approval of 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. 8gNkOP4c<gHk98 ✓ \ J F�ooNtY Q > W �' A 1980 WINSTONE LLC '�1 53 A 52E SUNNYSID IR 42 A 198P WINSTONE LLC 130 3 T SFNGCHeN4 CNR/STIN \\\ q 53D 3 3 53D 3 1 MP LLC MP LLC i 53D 3 4 MP LLC 42 A 198H 'NINSTONE LLC 42 A 1980 WINSTONE LLC 4 53A A 1 PATEL GIRISH T. & NITILA G. !�* OR r J N / All Q �'°'� S LNGFR`FRN3q q ` C�Rk pe 53A 2C C `" t *0' '4 �RFNN S14 !� M LLC 40 4 53 E PROPERTIES LLC t - k�ppS z0 -- JJ AF ir P R G per- _-_- . _ _ ._.......�_....,. . wi_Pa�Vo,ouuu'Cvvulr,5 t-,Ur'UDULS UO,5UUb.mxa) b/3U/ZUU8 -- 3:46:37 PM Location Map Conditional Use Permit CUP 4 05 - 08 Application Bubble Works Parcel ID: 53-4-2-D Map Features O Hamlets 0 Subject Property 4R, Buildings £5 Lakes/Ponds — Streams Wi-h,tl , V, a Location in Surrounding Area o p Case Planner: Mark d pr ,. i � •�. ,a, rte. ..�.y w{ Q44 ft '42 A 198Q �r 7 WINSTONE LLC ! � _ - +r � � � �\ 42 A 198H _ \ 522 , WINSTONE LLC ..ya N1 4 42 A 198P WINSTONE LLC - 4b 42 A 1980 .� o WINSTONE LLC i 30 L NGCHfMOyRJSTi 53A A 1- L,--_ - NA PATELGIRISH,T. &NITILAG. 53D3 3' . - r' � 51D f3 1, 522 \ rAir +... UPLLC�'f r .• m X � � � � �� I � .. ,•moi ,�A _�� ' '� . _ m �" - �eR,PT`c i Q Qom' �/ �. `^ " A' � \ f'+ �QQ� ; AM " NNe rt R08�RrJ r:ir.. * rt S? 53A 2',�MC zNCFRA:�6i, ,ff - MP LLC •+ '� 53 A. 52E SUNNYSIDE PROPERTIES L C471 (1 r 34 it AN ?0 J sj �'�A � <YhN !x PFROGER* Map Document: (N:\Planning_And_Development\_1_Locator_Mps\2008\BubbleWorks_CUP0508_053008.mxd) 5/30/2008 -- 3:46:37 PM Aerial Map Conditional Use Pennit CUP 405-08 Application BiEbbic Wo!-ks Parcel ID: 53-4-2-D Map Features O Hamlets Subject Property Lakes/Ponds Streams C 1 Win. heste� v. g,ma Location in Surrounding Area + - �.4��K � coG� S50Feet ,�,` �e Case Planner: Mark • } �IlTl T Comm Submittal Deadline '�0 � tiGxM v P/C: M eet:i ng `7 BBS Meeting 117 /T� ib APPLICATION i� OR CONDITIONAL TIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant ('Fhe applicant if the owner � � ether) NAME: F1t1���-_��>,�P-S ADDRESS:? I 6C](IY Crte.V Q fc%e , 64(f 1,;�© W i ry--,W LIA ;�,--z wl TELEPHONE: 2. Please list all owners, occupants, or parties in interest of the property: Weil m i n-Acc--Gu&r� u N The property is locates! at: (please give e act directions and include the route number of your road or street) a 13[� ( nsf ty--C40de r-bvrrV Dry'vc) 4. 5. The property has a road frontage of �—feet and a depth of )VT %J feet and consists of 0, Lo l acres. (Please be exact) The property i.s owned by as evidenced by deed (previous owner) in deed book no. a©o on page 9k-991 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax (Parcel) Identification No. (P.I.N.) -_ --- j ----� Magisterial District StOillf w ad _ Current Zoning MAY 3 0 Adjoining Property: USE North Can East _ Yo– c Q 0 11 South West C�_ _d- 4fG� � ZONING S. The type off use proposed is (consult.with the Planning Debt. before conA-Ileting) It is proposed that the following buildings will be constructed_ Not 10. The J:ol log<< i�g are all ONhe iz3clitiriduals; firix1s. or corporations alp ning property adjacent to bo Ili sides, year a11cl in frolit. of (acro'ss street ft•otla) thea propcifi° "Il le the ieduested use will be cond0cted. (Continue oil hack if necessary.) These people will be notified by 11jail of this application: NAME Upper-k!t�L PROPERTY JD4 53 — L4 `_3 –D I NAME U i..cr rj_\tr- on _°._ f v1W45 f'RC}PFR 1'Y lDP_ BA_ -A— NAME A NAME PROPERTY ID4S3A - A. __-- NAME Be 1 l PROPERTY ID# NAME Bm H, V I UT PROPERTY ID# 53D – 3 - NAME PROPERTY ID#_53-A ADDRESS 1 I2 A_ Bru c D6° &66if4 i xA D � �I ADDRESS 51-19 BadcNt Dr, phens Gid, v>9 a los ADDRESS ADDRESS rYedooiv�l l L' Lanc, �d2fs F,0, (,tx 3W u1i I k -r, VA aD �,a4 ADDRESS lj �Sk �-'O a4ve cil KD :)0814 NAME �t\ I f 0 5 �l� LLL PROPERTY ID# 4;) - A NAMEir�6uP5 �'nrnmu�nilies Inc PROPERTY ID# Lt B, NAME __.. PROPERTY ID#, NAME PROPERTY ID# NAMME PROPERTY ID# NAME PR.OPE_.RTY ID# NAME _._._----_-.-- PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# __ NAME PROPERTYIN `J NAME PROPF_,RTY ID# NAME PROPERTY ID# ADDRESS 060 Ff ft I'1 A VC 5, k-2-10 %p►es, FL 3q lQ-D- ADDRESS -ql Cl-t&VSfcie Lha-� Ahchcsfev,, VA ` �a ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS 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. see a -Hach -ed eMI b I VICINITY MAP DRAWN BY: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 WINCHESTER, VIRGINIA 22601 TELEPHONE (540) 662-5792/ FACSIMILE (540) 662-5793 EMAIL: office®painterlew,s.com 1 It = 500' UPPER CRUST, LLC NORTH FREDERICK PIKE FREDERICK COUNTY, VIRGINIA KALE�11 Q\ /i DATE: GENERALIZED SITE DRAWING NO.: VICINITY MAP DRAWN BY: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 WINCHESTER, VIRGINIA 22601 TELEPHONE (540) 662-5792/ FACSIMILE (540) 662-5793 EMAIL: office®painterlew,s.com 1 It = 500' UPPER CRUST, LLC NORTH FREDERICK PIKE FREDERICK COUNTY, VIRGINIA KALE�11 JOB #0106003 DRAWN BY: ??? DATE: GENERALIZED SITE DRAWING NO.: SITE EXHIBIT 1 WESTMINSTER CANTERBURY SIGN CVS PHARMACY SIGN CONTINENTAL RESTAURANT SIGN 1 NORTH FREDERICK PIKE EX. Pare o -- ry i Jj W A • w i V) iw i t t� 1 0 0Ai r .! u U Z z Q \ m O O N Lr) O (10 'O 1 D O .c Wm W o LIU0w o w 1 rn �- c=n z U)&az Nm ®o FS z raN � 0 V N Y j3ZQ� Ldw C 0. & a CL 12. Additional coinnients..if any: I (Nve), 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 bearing and maintained so as to be visible until after the Hoard of Supervisors' public hearinc. Your application for a Conditional Use Permit authorizes any member of the Frederick Countv Planning Corri.nniss.ion, .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 11oma A grace b-1 Vo— Owners' Telephone No. ;5-6` 6 ?S47 TO RP COMPLETED BY "ITIE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: ivvi6.Ry.co.frederielt.Nya.ti.s Department of PIanning &k Development, County of Frederick, Virginia; 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By Those Present: That I (We) (Name) a?(r t's�- LLC (Phone) -75 ,'7 �( (Address) 1/D -A "C'GL ��l i tI W[ 11C 11 CS ;D -2— 0 l the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by I.nstrument No. on Page , and is described as Parcel: D Lot: 2 Block: L4 Section: 53 Subdivision: do hereby make, constitute and appoint: (Name) Ph ( ►1 to r — Lf -w I c< F ( C (Phone) (Address) 9 l I ' ) r leyree V Grade, SU tto W, Wi net?c5�t' a L? LO l To act as my true and lawful attorney-in-fact for and in my (our) name; place, and stead with full power and authority I (eve) «could have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) V/ Conditional Use Permit Master Des elopnient Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal Comprehensi-re Policy Plan Amenchnent My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to 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. In witness thereof, I (we) have hereto set my (our) hand and seal this day of{" Il_ G�_, 200&--,"' Signature(s) �y State of Virginia, City/County 0# To -wit: T -Y < r' I, Lu'1Z Fri4�-!5 _ a Notary Public in and .for the jurisdiction .• y.' aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the sante before mein the jurisdiction aforesaid this DI day of Met q , 200,'' Orfg-`3 ! q My Commission Expires: /0 -- N y Pu lic Revised 3/17/08 Existing Business Sign N I' _ WESTMINSTER yR CANTERBURY '. RMREMENT CGMMUNlTY . IlabblOwOrks Car Wash 741 r -- £F- Existing Business Sign Rt ' 1 Proposed Business Sign Existing Business Sign r• _ - _ ... f = •1 / .- by L SITE —'`• \ - '� 'j{ �� --- � . _. I. �-.art � " '' • - � .,. "' 00 r i + r Uf1Pc,t��rs��in4�rf ,�,��P �_c,c1P77 SITE L • i CO��� CONDITIONAL USE PERMIT #06-08 BARLEYFIELD FARM COTTAGE BED & BREAKFAST Staff Report for the Planning Commission Prepared: June 12, 2008 Staff Contact: Mark R. Cheran, Zoning 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: 07/02/08 Pending Board of Supervisors: 07/23/08 Pending LOCATION: This property is located at 967 Marlboro Road (Route 631). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 74 -A -13A PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: Orchard Land Use: RA (Rural Areas) South: Orchard Land Use: RA (Rural Areas) East: Orchard Land Use: RA (Rural Areas) West: Orchard Land Use: RA (Rural Areas) PROPOSED USE: This application is for a Motel/Bed and Breakfast REVIEW EVALUATIONS: VIRGINIA DEPARTMENT OF TRANSPORTATION: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 631, the VDOT facility which would provide access to the property. Prior to operation of the business, adequate CUP #06-08, Barleyfield Farm Cottage B&B June 12, 2008 Page 2 sight distance west of the existing entrance (500 feet for 45 MPH) needs to be provided to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way to improve sight distance must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. FIRE AND RESCUE: Plan approval recommended. INSPECTIONS DEPARTMENT: No change of use permit required when under five units if installed in an existing dwelling. Smoke detectors shall be installed per the Building Code. HEALTH DEPARTMENT: The increase in water usage will need to be addressed concerning the current water source and sewage disposal system. Also, the Health Dept. will need more information about all intended uses of the B&B. The issues presented in the letter dated May 12, 2008 have been addressed during a site visit on May 20 with Kent Barley. The Health Dept. is satisfied with the facility and once the conditional use permit is granted, please visit our office to fill out an application any pay the fees so a Bed & Breakfast permit can be issued. Planning and Zoning: The Frederick County Zoning Ordinance allows for motel uses in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed two (2) bedroom bed and breakfast will take place on 27 acres of land in a separate structure from the primary dwelling. The applicant will be serving meals as a part of the bed and breakfast use. The nearest structures from this proposed use are more than 150 feet away. There will be no employees associated with this proposed use, other than those residing on site. 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 07/02/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size. 3. No more than two (2) bedrooms to be used with the bed and breakfast use. 4. Any expansion or modification shall require approval of a new Conditional Use Permit. CUP #06-08, Barleyfield Farm Cottage B&B June 12, 2008 Page 3 Following the requisite public hearing, it would he appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. ■ / o ■ oQ „ a O rl, ERRY HILL D 73 A 99 RINKER PROPERTIES L.0 APPLE BANKS NORTH I ■ a� ' m K 0 .o a ^w Y ■ 73 A 104 WINCHESTER WAREHOUSING INC L 74 A 13 XIT INC BROWNANNEMARIEZ ■ ' ! _ ®fb" 74 A 13A BARLEY KENT t� 74 A 43 J HEATH CHARLES E & LINDA G 74 A 15B HUMPHRIES CHERYL IN l \ 74 A 9 J ALEXANDER H B / 74 A 45 j STAPLES ROBERT R ■ T� TOWN OF STEPNENS GITY l Ste hens Lit VA p � / 74 A 41 GERRY 0 FARM LLC �l ,r /f r ........ 74 41 19 XIT INC i PAINTER HILL ■ A". id WJNC 74 A f/ HESTER WA INC 74 A 18 WINCHESTER WAREHOUSING INC Barleyrtmd Far Cottage B&B Conditional Use Permit CUP # 06 - 08 Application Location Map Parcel ID: 74 -A -13A Map Features O Hamlets Application �t Urban Development Area Cly SWSA 0 Lakes/Ponds ^— Streams it `r Location in Surrounding Area �1GK Cp 0 165 33P 6� eet o s Case Planner: Mark Map Document:(N:\Planning_And_Development\_1_ Locator _Mps\2008\Barleyfie IdFarm Cottage _CUP0608 061008.mxd) 6/10/2008 -- 9:15:31 AM t DA 73 A 97 o ■ H&ELC m S, 7� _ - + 74 A JOB Y 5 73 A 99 RINKER PROPERTIES L.0 APPLE BANKS NORTH I ■ a� ' m K 0 .o a ^w Y ■ 73 A 104 WINCHESTER WAREHOUSING INC L 74 A 13 XIT INC BROWNANNEMARIEZ ■ ' ! _ ®fb" 74 A 13A BARLEY KENT t� 74 A 43 J HEATH CHARLES E & LINDA G 74 A 15B HUMPHRIES CHERYL IN l \ 74 A 9 J ALEXANDER H B / 74 A 45 j STAPLES ROBERT R ■ T� TOWN OF STEPNENS GITY l Ste hens Lit VA p � / 74 A 41 GERRY 0 FARM LLC �l ,r /f r ........ 74 41 19 XIT INC i PAINTER HILL ■ A". id WJNC 74 A f/ HESTER WA INC 74 A 18 WINCHESTER WAREHOUSING INC Barleyrtmd Far Cottage B&B Conditional Use Permit CUP # 06 - 08 Application Location Map Parcel ID: 74 -A -13A Map Features O Hamlets Application �t Urban Development Area Cly SWSA 0 Lakes/Ponds ^— Streams it `r Location in Surrounding Area �1GK Cp 0 165 33P 6� eet o s Case Planner: Mark Map Document:(N:\Planning_And_Development\_1_ Locator _Mps\2008\Barleyfie IdFarm Cottage _CUP0608 061008.mxd) 6/10/2008 -- 9:15:31 AM R �• � � � •..r X4.1 - µ---.PDR) y �yYY r / �l /7 ,• r1 l • - ��� fI"�l 1, li I.J. pm it rr J . � � .TOWN OF SiEPNENS U'fY Barleyrk.d Far Cottage B&B Conditional Use Permit CUP # 06 - 08 Application Aerial Map Parcel ID: 74 -A -13A Map Features 0 Hamlets Application ,L Urban Development Area SWSA Lakes/Ponds Streams Location in Surrounding Area r, �($ Cp 0 165 331 T ® eei � Case Planner: Mark Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\2008\BarleyfieldFarmCottage_CUP0608_061008.mxd) 6/10/2008 -- 9:15:31 AM Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. AMlicant (The applicant if the owner other) NAME: ADDRESS: gG ? TELEPHONE 5 ;L,>- Fb 5- /a-3 �2- 2. Please list all owners, occupants, or parties in interest of the property: 3_ The property is located at: (please give exact directions and include the route number of your road or street) G-�- 'T C- 7 1 t , �- I, ;;o � a RcL ri'fi 4. The property has a road frontage of 'ao b feet and a depth of { Zen feet and consists of a7. 3:3, acres. (Please be exact) 5. The property is owned by 1L E h'- 13a r / Q -t as evidenced by deed from h -1,I I C-,.. :ET recorded (previous owner) in deed book no. 3 re on page _, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I.D.)No., Magisterial District k Ci-gg Current Zoning 7. Adjoining Property: North Cir -m11., 14- C)d-4142c East p d ctr South West �� d► r - ZONING 8A — AA nA 1�� A MAY 1 2008 8. The type of use proposed is (consult with the Planning Dept. before completing) �ed k.o afv\ beL2.1 I Tht- MOL644 SwzV Cu- eXlilb r� 9. It is proposed -that -the following buildings will be constructed: %Uma -52, 1.0. 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 c- ADDRES S 9 i '7 MaPJ b om ko PROPERTY ID# NAME g C ADDRESS 27 Kcc c,&, Ta % - PROPERTY ID# - NAME ADDRESS erg L%V PROPERTY ID NAME p C [ �Iioll N4 L _ ADDRESS try PROPERTY ID#��- A -� C / PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS 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. PRESERVATION LOT Lot$ _ 73-(A)-104 -"' NATIONAL FRUrr ORCHARDS, INC INSTR, 010007327 ZONED: RA USE: ORCHARDS/ AGRICULTURAL —`104 ACRES 0 VER 1ITl� 1AI lit =6001 PHASE TWO M"To4mul® U,m C 73-(A)-18 NATIONAL FRUIT ORCHARDS, .TNC 1'NSTR. 010007327 TONED; RA USE: ORCHARDS Q off. h u ti L Uzi LQ - a w� uj U � q � aC1 DATE: AUGUST 19, 2003 SCALE: 1": 100' FILE NO, 0090 SHEET 1 OF 1 d J af1�F _E PRESERVATION LOT Lot$ _ 73-(A)-104 -"' NATIONAL FRUrr ORCHARDS, INC INSTR, 010007327 ZONED: RA USE: ORCHARDS/ AGRICULTURAL —`104 ACRES 0 VER 1ITl� 1AI lit =6001 PHASE TWO M"To4mul® U,m C 73-(A)-18 NATIONAL FRUIT ORCHARDS, .TNC 1'NSTR. 010007327 TONED; RA USE: ORCHARDS Q off. h u ti L Uzi LQ - a w� uj U � q � aC1 DATE: AUGUST 19, 2003 SCALE: 1": 100' FILE NO, 0090 SHEET 1 OF 1 d J VIA/ V4/ VA LV • `BA V.A.A J'C. V4 �Vtl L• IW -I VLIVML11d n1br• 04 E31 15: 06 r,. Edmunds Colomen, IIi �nOARY Sr�AIR f+EAEdI ats DETER1MM 6r A Fga JKM Slety T:►arUrT U BY ARTZ A ASSOnATES aN SEP"RER 8, m. .rV5 PLAT J5 S191ECT T4 VS&EM3 AND AI; GF RECOf.'�T. pT11fa1 B CMS--or-MS 04 EARULMM IF AW, ME NUT $Foft 73-4-95 ARS AT z RA USL REMEmik ca / �1 Prr'E FTlIJIpJ 1 1 K� J 1 —1 0 19.06'' ML TKS( TIM WS ZOr+ED RA 4/ % �� fb.�'1 l� ss5-4380 MUM FV {vx>w r) r fD' BRI 7 IF Al / f.21' J IRS AT 19.48' J T3A0111*1 f tA+Es MEVACATED ZONED RA Uar RES IRS AT P/s h C CIS f IRFA J�r `t�i ��T' USE RESIDEHML 142r / _ REBaQ ty /IR5 / IR' `\ � FOUND _� / � J IRS L12 r4 / � / ZOM RA wr ! USF_ ORDM IPF to IRS .1 46 /IN4 // ]ate�-�a- a4 ti, ` �• ti / 132�oHED RRA�EL 2 r: pwsM�71AE // I4J:/ Z �`� `` _�, IlSE oRrH1Rn ALU✓y ZOM RA ` UST: ORCIUM J, � � f 1 � r � 1611,70- e, p, IT�F �O�Ep B ..ZONED R4 U5f: 20NED RA Pfd 9T5 USE: �IrARp �1 7.788 ACR u1 ZONED RA UM- OrCwwD Sle 80 -MO ACJtlS , PEI 137/511. PARCEL 1 20M RA USE: pRCFe1Rh M. RE9AR 5U DRCIWID Mr _�� PPE FDUNU POINT f.FkTH Cfi {, f J-0cI PMICHAE1, M. NiTZ p PRDJECT 1(100195 Acts and Ili;)Matm LNG r 4 b i 81>Itgp& VMXT Wit"4"iM R 7NOt-PQM tEL 31D -M/ -VM Iri S10-f674Id6 ElL MH ia4n-766.7714 , H�y ------------ 12. Additional comments, if any: ry 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 Owners' Mailing Address q67 7 �-h a4j- w /&L Owners' Telephone No. S�10` yo- `off a a TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: ,tea