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AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Old Frederick County Courthouse
Winchester, Virginia
SEPTEMBEE y,�1992
7.00 P.M. CALL TO ORDER TAB
1) Bimonthly Report ........................................... A
2) Committee Reports .......................................... B
3) Citizen Comments .......................... . ... . ........... C
4) Master Development Plan #005-92 Preston Place for 120 garden apartments.
This property is located south of Route 645, 700' east of Route 522 South,
in the Shawnee District.
(Mr. Wyatt) .............................................. D
7:30 PM PUBLIC HEARINGS
5) Conditional Use Permit #009-92 of Charles and Faye Grady for a dog kennel.
This property is located off of Route 735 on Route 709, in the Opequon
District.
(Mr. Miller) ...............................................E
6) Conditional Use Permit #011-92 of P. Diane McMillian, for a cottage
occupation (stencil service and sales by appointment). This property
is located off of Route 641, on Route 636, in the Opequon District.
(Mr. Bise)................................................. F
7) Cancellation of Conditional Use Permit #025-79 of Powlen Equipment
Company. This CUP for the sales and service of construction equipment
was located on the west side of State Route 728 (Victory Lane) and on the
east end of the Winchester Airport, in the Shawnee District.
(Mr. Miller) .............................................. G
OTHER
8) Other (attachment).
........................................................ H
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Robert W. Watkins, Secretary
SUBJECT: Bimonthly Report
DATE: August 25, 1992
(1) Rezonings Pending: (dates are submittal dates)
Twin Lakes 4/04/90 (Shaw) (RA to B2/RP)
John & Jane McAllister 7/09/92 (Opeq) (RP to B2)
(2) Rezonin s A roved: dates are BOS meeting dates
None
(3) Rezonin s Denied: dates are BOS meeting
dates
None
trmt.facil
Grace Brethren Church
6/08/90
(4) Conditional Use Permits
Pending:
dates
are submittal dates
Ston
Lgt. Industrial
Hampton Chase
Charles & Faye Grady
06/25/92
Opeq
Dog Kennel
Lewis Boyer, II
07/08/92
Shaw
Landscaping
Business
Diane McMillian
08/06/92
Opeq
Stencil Sales &
Service
(5) Conditional Use Permits Approved: dates are aRRroval dates
John Merrill 08/12/92 Gain Off premise sign
Joan & Kristi Riggleman08/12/92 Gain Bridal Consultant
(6) Site Plans Pending: (dates are submittal dates)
Wheatlands Wastewater
Fac. 9/12/89
Opeq
trmt.facil
Grace Brethren Church
6/08/90
Shaw
church
Flex Tech
10/25/90
Ston
Lgt. Industrial
Hampton Chase
12/18/90
Ston
S.F. & T.H.
Lake Centre
05/15/91
Shaw
Townhouses
2
Red Star Express Lines
05/24/91
Ston
Whse. Addition
Winchester Airport
03/02/92
Shaw
Increased safety
zone/road relocation
Freeton
04/27/92
Opeq
Townhouses
Signal Station
06/25/92
BkCk
Car wash addition
Winchester Church of God 07/29/92
BkCk
Church
(7) Site Plans ADoroved:
(dates are approval
dates)
Greenwood Baptist Ch.
08/11/92
Shaw
Church & Parish
(8) Subdivisions Pending:
(dates are
submittal dates)
Hugh Price
08/17/92
Shawnee
(9) Subdivisions Pending Final Admin. Approval: (P/C approval
dates
Abrams Point, Phase I
Frederick Woods
Hampton Chase
Lake Centre
Fredericktowne Est.
(sections 5, 6 and 7)
Coventry Courts
Senseny Glen
Freeton
Battlefield Partnership
Fairfax Drive Ext.
Deer Run @ Sherando
6/13/90
5/16/90
02/27/91
06/19/91
10/16/91
Shawnee
Opequon
Stonewall
Shawnee
Opequon
12/04/91 Shawnee
12/04/91 Shawnee
05/20/92 O p e q u o n
05/20/92 Back Creek
08/05/92 Opequon
08/19/92 Opequon
(10) PMDP Pending: (dates are submittal dates
Preston Place
08/10/92
Shawnee
(11) FMDP Pending Administrative Approval: dates are BOS approval
dates
Battlefield Partnership 04/08/92 Back Creek
Hampton Chase (revised) 05/27/92 Stonewall
Freeton 06/08/92 Opequon
(12) FMDP Administ. Approved dates are admin. aRRroval dates
None
3
(13) Board of Zoning Appeals Applications Pendinq:(submit. dates
Russel & Mary Reid
08/12/92
Ston
10" side
(existing house)
Joe Edmiston
08/21/92
BkCk
46 . 5' s i d e
(existing garage)
Oakcrest Builders
08/21/92
Shaw
9' rear (deck)
Dolly Cooper
08/21/92
Shaw
Lot size & area
Cecil Aff lect, Jr.
08/21/92
BkCk
6' side (existing
attached carport)
(14) BZA Applications Approved• (approval dates)
H. Bruce Edens 07/17/92 Ston 7.5' Sign Setback
Rbt. & Tamara Symons 07/24/92 Shaw 18' Garage
Rbt. & Sherrill Price 07/24/92 Opeq 5' Addition
(15) BZA Applications Denied•
Wm. H. Pfahl 08/06/92 Opeq Adm. Appeal
(16) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER
None
P/C Review Date: 9/02/92
MASTER DEVELOPMENT PLAN
#005-92
PRESTON PLACE
120 Garden Apartments
LOCATION: South of Route 645, east of Route 522 and west of the
Winchester Regional Airport
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64000OA000045B
PROPERTY ZONING & PRESENT USE: Zoned R -P (Residential Performance)
land use - vacant
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned R -P (Residential
Performance), B-2 (General Business), and M-1 (Light Industrial)
and RA (Rural Areas) - Land use - residential and vacant
PROPOSED USE: 120 garden apartments
REVIEW EVALUATIONS:
Vir inia De t. of Transportation: No objection to preliminary
master plan. Before making any final comments, this office
will require a complete set of site plans, drainage
calculations and traffic flow data from the I.T.E. Trip
Generation Manual, Fourth Edition for review. Before starting
any construction on the State's right-of-way the developer
will need to apply to this office for issuance of appropriate
permits to cover said work.
Fire Marshal: Eave heights on buildings make emergency egress
via ground ladders impossible. Ladder truck access is
necessary. With the exception of fire land access, all other
fire/rescue comments will be addressed on site plans or
construction drawings. All previous comments regarding town
house area remain in effect. During construction access to
all buildings for emergency vehicles must be maintained at all
times. (see attached comments from Doug Kiracofe, Fire
Marshal).
Inspections Department: Building shall comply with the
Virginia Uniform Statewide Building Code and Section 309, Use
Group R-2 (Residential Use) of the BOCA National Building
Code/1990. Other codes that apply are Part 6, Code of Federal
Regulation, Department of Housing and Urban Development, 24
CFR, Chapter 1, Fair Housing Accessibility. will comment on
office use group at the time of structural and site review.
Sanitation Authority:_ First review - nine items, correct and
resubmit.
Parks and Recreation: The plan appears to meet open space and
recreational unit requirements. Specifications on the pool,
multi -use court, tot lot and recreation building need to be
reviewed by staff prior to final approval. The location of
the picnic area within the 100 yr. flood plain is undesirable
and an accessible route to the area must be provided for the
disabled. All recreational amenities must meet the Americans
with Disabilities Act (A.D.A.) guidelines.
County Engineer: See attached comments from Harvey E.
Strawsnyder, dated August 10, 1992.
Planning & Zoning:_ The Preston Place Master Development Plan
is a revision to the approved Master Development Plan for
Silver Communities Townhomes. The original Master Development
Plan.was approved for 117 townhouse units on 22 acres. The
revision to this plan calls for the addition of 120 garden
apartment units on 20 acres. This revision proposes a total
of 237 dwelling units on 42 acres, creating a gross density of
5.64 units per acre. This meets the gross density requirement
of 8 units per acre for Master Development Plans that are
greater than 25 acres but less than 50 acres.
The original Master Development Plan specified that all land
south of Route 645 would be undeveloped at that time. The
revision to this plan proposes 120 dwelling units within 10
apartment buildings. The proposed apartment units are a
permitted use in the RP (Residential Performance) District.
The applicant has indicated that there will be an average of
10 dwelling units per building. Staff believes that this
should read 12 dwelling units per building; however, either
number complies with the maximum requirement of 16 dwelling
units per building.
Staff concerns regard common open space, disturbance of
environmentally sensitive land, and future residential
development. The applicant has indicated that future
residential development will occur, but has not provided the
acreage needed for this future development. Staff believes
that the applicant will not have difficulty meeting the common
open space requirements; however, it is difficult to determine
if the disturbance of environmentally sensitive land will
comply with ordinance requirements at this time.
STAFF RECOMMENDATIONS FOR 9/02192 PC MTG.: Approval, provided
that common open space and environmentally sensitive land is
designated to insure conformance with existing and future
development requirements, as well as addressing all review agency
comments.
I COUNTY of FREDERICK
PROJECT NAME:
PROJECT DESIGNER:
COMMENTS:
Harvey E. Strawsnyder, Jr., P.E.
Director of Engineering & Inspections
703/665-5643
FAX: 703/678-0682
August 10, 1992
Preston Place Apartments
South of Route 645, near Winchester Regional
Airport
Patton, Harris, Rust & Associates
1. The revised master plan includes 22.0 acres dedicated to
townhomes and 20.0 acres dedicated to 10 apartment complexes. The
latter development represents the primary reason for the revised
master plan. Based on our discussions during the technical review
committee meeting,. we understand that detailed site plans were
developed for the 22.0 acres of townhouses. This design should
have included a stormwater management plan and related
calculations. These calculations should be included with the
detailed design submittal for the apartment complexes.
2. The revised master development plan refers to an existing
pond as a storm water management pond. A detailed evaluation of
this pond will be required before it can be used as a stormwater
management pond. It should be noted that a majority of the
stormwater from the 22 acre townhome site flows through this pond.
These flows plus the additional flows from the apartment project
should be incorporated in the evaluation of the existing pond.
3. The property boundary bisects the existing pond. A
drainage easement will be required in areas outside the project's
property boundaries.
Submitted by,
L.m�--
Harvey Strawsnyder, Jr., P.E.
APPLICATION
MASTER DEVELOPMENT PLAN
Frederick County
Virginia
Date: Aucrust 10, 1992 Application P-02Lq�,
OWNERS NAME: Preston Place Associates, L.P.
2801 Southwell Place
1 r31 otnian Vi inia 23113
(Please list the names of all owners or parties in interest)
APPLICANT/AGENT: Castle Development Corporation
Address: 2801 Southwell Place
Midlothian Vir inia 23113
Daytime Phone Number 804-794-0553
DESIGNER/DESIGN COMPANY: Patton Harris Rust & Associates
Address: 107 North Kent Street, Suite 100
Winchester, Virginia 22601
Phone Number 703-722-4721
Contact Name David Spriggs
7
PRELIMINARY MASTER DEVELOPMENT PLAN
CHECKLIST
The following checklist is intended to assist the applicant in
insuring that all required information is provided or is available
to allow review by the County.
This form must be completed by the applicant and submitted with the
preliminary master development plan. All required items must be
provided on the PMDP.
Background Information:
1. Development's name: Preston Flace
2. Location of property: North and South of Route 645, 700' East of Route 522
3. Total area of property: 41.96 Acres
4. Property ID # (14 Digit) 64000 A 00000 45B
5. Property zoning and present use RP - vacant
6. Adjoining property zoning and present use:
M-1 and B-2 vacant, RA and RP vacant and residential
7. Proposed Uses: 120 Garden Apartments and recreation facilities
(117 Townhomespreviously approved)
S. Magisterial District: Shawnee
9. Is this an original or amended Master Development Plan?
Original Amended X
8
General Information•
I. Have the following items been included?
North arrow
Yes
X
No
Scale
Yes
X
No
Legend
Yes
X
No
Boundary Survey
Yes
X
No
Total Area
Yes
X
No
Topography
Yes
X
No
Project Title
Yes
X
No
Preparation and Revision Date
Yes
X
No
Applicants Signed
Yes
No X
Consent Statement
2. Number of phases proposed? 3
3. Are the proposed phases shown on the Master Development Plan?
Yes Nom_
4. Are the uses of adjoining properties clearly designated?
Yes. x No
5. Is an inset map provided showing the location of the project
and all public roads within 2,000 feet.
- Yes X No
6. Are all land uses clearly shown? Yeses^ No
7. Are environmental features clearly shown?
Yes X No
8. Describe the following environmental features:
J
Total Area
% Disturbed
Acres in
(Acres)
by development
Open Space
Floodplains
— 3.5
0
3.5
Lakes and ponds
0.7
0.1
- 5.7
Natural retention
areas
r,
Steep slopes
'
v
0
(15% or more)
5.6
1.4
4.2
Woodlands--�—
J
9. Are the following shown on the master development plan?
Street layout Yes X No
Entrances Yes_Z_No
Parking areas Yes X No
Utilities (mains) Yes X No
10. Has a conceptual stormwater management plan been provided?
Yes X No
11. Have all historical structures been identified?
Yes X No N/A
Residential Uses
If the Master Development Plan includes any land zoned RP,
(Residential Performance) or any residential uses, the following
items should be completed.
1. What numbers and types of housing are. proposed?
120 Garden Apartments, 12 units per building 96-2 Bedroom,
24-3 Bedroom (117 Townhomes approved previously)
2. Is a schedule provided describing each of the following in each
phase:
Open space acreage
Yes
X
No
Acreage in each housing type
Yes
X
No
Acreage in streets and right of ways
Yes
X
No
Total acreage
Yes
-X
No
Number of dwellings of each type
Yes
X
No
3. What percentage of the total site is to be placed in common open
space? 700
10
4. Are recreational facilities required? Yes X No
5. What types of recreational facilities are proposed?
_2001, Multi -use court, tot lot, picnic area and Recreation Building/
Office for the Apartment development. _
6. Are separation buffers required? Yes X No
7. Are road efficiency buffers required? Yes X No
S. Are landscaping or landscaped screens required?
Yes X No
9. Are required buffers, screens, and landscaping described by
the plan with profiles or examples? Yes X No
�' J i�&
jkt-.11-
ADJOINING PROPERTY OWNERS
Owners of property adjoining the Land will be notified of the public
hearing. For the purpose of this application, adjoining property is any
property abutting the requested property on the side or rear or any
property directly across a road from the requested property. The
applicant is required to obtain the following information on each
adjoining property including the 14 digit tax parcel identification number
which may be obtained from the office of the Commissioner of Revenue.
NAME -
Silver Communities, Inc.
Address
4500 Plank Road
Fgedericksburg, VA 2401
Property
IDO 64 -((A)) -45C
C. Douglas and
Fern Adams
Address
Rt. 1, Box 206-A
Winchester, VA 22601
property
ID# 64 -((A)) -45D
C. Douglas Adams
Address
Rt. 1, Box 206-A
Winchester VA 22601
Property
ID# 64-((A))-45
Leonard James GreathousE
Address
Rt. 1, Box 149-A
Winchester VA 22601
Property
ID# 64C -((A))-14
John W., Jr. and
Peggy B. Foster
Address
Rt. 1, Box 150
Winchester'VA 22601
Property
ID# 64C -((A))-10
Elwood H..Whitacre, Sr.
Address
Rt. 1, Box 154
Winchester, VA
Property
—19601
ID# 64C -((A))-7
Ruth Walter
Address
#7 W. Argyle Street
ckvi D 20850
Property
Ib# 64C -((A))-8
Waitman L. and
Anna B. Collins
Address
Rt. 1, Box 151
Winchester VA 22601
Property
ID# 64C-((1))--15
Address
Property
ID#
Address
Property
ID,#
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Wayne Miller, Zoning Administrator WO\,
SUBJECT: Grady CUP, #009-92 For a Dog Kennel
DATE: August 21, 1992
At the regular meeting of the Planning Commission on August 5,
1992, the application of Charles and Faye Grady for CUP #009-92 was
presented to the Commission. This request was for a dog kennel
that exists on the Grady's property on Route 709 in the Opequon
District. The Commission tabled this request pending additional
concerns being addressed.
During a visit to my office on August 20, 1992, the Grady's
requested that their CUP application be withdrawn. The reason for
the request was that they were attempting to refinance their home
and their bank would not do that if they were operating the kennel
business. They stated that they wanted to keep the 50 plus dogs
but that now they would just be "our dogs" and they would not be
selling dogs.
I advised them that the proposal as presented by them would not
remove the fact that they are a kennel and even if they withdrew
the application, the violation would still exist-. After much
discussion and negotiation, they agreed to attempt to change all
that might be necessary so I could rule that they were no longer
operating a kennel. Specifically, I suggested the following
actions on their part:
1. Reduce the number of dogs to a reasonable level that one
might expect someone in their situation to possess as, in
their terms, just "our dogs".
2. Relinquish their business license.
3. Individually license their dogs vice keeping them covered
under the kennel license.
4. Complete all actions necessary within 30 days.
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia -
22601
Page 2
Memorandum, Planning Commission
Grady CUP #009-92
August 21, 1992
The Gradys agreed to these terms and understand that failure to
comply will require that they go forward with the CUP application
or criminal charges may be filed against them. I also advised them
that I would not accept withdrawal of the CUP as a solution to the
violation at this time since that would put me in a position of
having to file charges immediately. I agreed to allow them 30
days to comply with our agreement and if compliance is forthcoming,
I would honor a request to withdraw the application.
Based on the information presented here, request the application
for CUP #009-92 be tabled for an additional 30 days.
P/C Review Date: 08/05/92
P/C Review Date: 09/02/92
CONDITIONAL USE PERMIT #009-92
Charles & Faye Grady
Dog Kennel
LOCATION: Route 11 south of Stephens City off of Route 735 on
Route 709
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER 850000A0000130
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), land use -
residential and dog kennel
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas),
land use - residential and agricultural
PROPOSED USE: Dog Kennel
REVIEW EVALUATIONS:
Virginia Department of Transportation: No objection to
conditional use permit for this 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
minimum commercial standards.
Fire Marshal: Any space open to public must satisfy building
code for Use Group B. Approval of this CUP will not havea
significant impact on Fire -Rescue resources.
inspections Department• Building shall comply with the'
Virginia Uniform Statewide Building Code and Section 303, USE
Group B, (Business) of the BOCA National Building Code/1990.
Other codes that apply are title 28, Code of Federal
Regulations, Part 36 Nondiscrimination on the basis of
Page 2
Grady CUP
Disability by Public Accommodation and in Commercial
Facilities. Permit required would be a change of use on
existing building.
Health Department: Sanitary facilities adequate for operators
of kennel. Kennel operation approximately 60 - 70 dogs.
State Waster Control Board has ultimate authority over dog
waste disposal. No objection at this point.
Planning Department: Application is for an existing,
illegally operating, kennel. Mr. and Mrs. Grady previously
had a conditional use permit for a kennel and were unaware
that the County required a new conditional use permit when
they moved. The kennel is approximately 1500 feet from the
rear and side property lines and is screened from the front by
a natural berm.
Since the kennel operation is for the breeding and sale of
dogs, there will not be overnight boarding of dogs, other than
their own, to cause noise. And because of the substantial
distance from other properties, noise nor odor should be a
problem. Staff believes approval of the conditional use
permit would not change the character of the neighborhood.
STAFF RECOMMENDATIONS FOR AUGUST 5, 1992: Approval, with the
following conditions:
1. All review agencies comments must be complied with.
2. Change in use or expansion of facilities to accommodate
this use will require a new Conditional Use Permit.
3. All associated materials shall be stored indoors.
4. If a sign is displayed, a sign permit will be required.
5. All requirements of the Frederick County Code and the Code
of Virginia pertaining to the operation of dog kennels must be
complied with.
PLANNING COMMISSION RECOMMENDATIONS OF AUGUST 5, 1992: Tabled
unanimously for 30 days in order to determine if Mr. and Mrs. Grady
are in compliance with the concerns of the Dog Wardens Office.
(Absent - J. Marker and R. Carper
Submittal Deadline
P/C Meeting
BOS Meeting -9,
I I APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the owner other)
NAME: (' —1 P <l
ADDRESS: i
TELEPHONE G2 C? �� v
2. Please list all owners, occupants, or parties in interest of
the property:
v � v
;Lt z,
3. The property is located at: (please give exact directions)
�-+- I 1 � • -�-� � 3 J �- I/uL YV � � --�'-� — /a rn', --I -a 7� 9 Lf -4-4-
4.
The property has
depth of
(Please be exact)
a road frontage of (hr �e €sem
feet and consists of go, c /(o
and a
acres.
5. The property is owned by u A h E N,:! 5: as
evidenced by deed from LgM1;f:, p O C I / recorded
(previous owner)
in deed book no. on page �, registry of the
County of Frederick.
6. 14 -Digit Property Identification No. 3
Magisterial District oQac oc)")
Current Zoning �c 0
7. Adjoining Property:
USE
North _ 1�e5�dc✓tai
East __ Qr_si�cv►kR�l
South
West
ZONING
page -2-
CUP Application
August, 1990
8. The type of use proposed is (consult with the Planning Dept.
before completing)
�
•7 N.^3Q
9. It is -proposed that the following buildings will be
constructed: Iv 7 f`,f_
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 sought to be
permitted. (Continue on back if necessary.) These people
will be notified by mail of this application: (PLEASE LIST
COMPLETE 14 -DIGIT NUMBER.
MAMF.
Address�t �
Q 'I (p H•a�5 �_
Property ID#
3 /3 f7
chOvkj C SLIl
Address' j
� S 64,e-ph-em5 0i
Property ID#
3-- ;5rS- 14 - 13
rl� n�cve-�n Rh►� v��
Address`-
Property ID#
Address
Property ID#
3 -- SS
Address
Property ID#
Address
Property ID#
page -3-
CUP Application
August, 1990
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.
'1Q
1/ 4- ' %
page -4-
CUP Application
August, 1990
12. Additional comments, 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.
Signature of Applicant
Signature of Owner
Owners' Mailing Address
Owners' Telephone No.
25.
P/C Review Date: 09/02/92
CONDITIONAL USE PERMIT #011-92
P. DIANE MCMILLIAN
Cottage Occupation
Stencil Service and Sales by Appointment
LOCATION: Off of Route 641 on Route 636
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER 860000300000BO
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), land use -
residentiai -
ADJOINING PROPERTY ZONING & PRESENT USE: -Zoned RA (Rural Areas),_
land use - residential and agricultural
�- - -
g
PROPOSED USE: Cottage Industry - stencil_service and sales by
appointment
REVIEW EVALUATIONS:
Virginia Department of Transportation: No objection to
conditional /special use for this 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
minimum commercial standards.
Fire Marshal: Approval of this CUP will have no greater
impact on fire and rescue resources that the current
occupancy.
Inspections Department: Building shall comply with the
Virginia Uniform Statewide Building Code and Section 303, USE
Group B, (Business) of the BOCA National Building Code/1990.
Other codes that apply are title 28 Code of Federal
Regulations, Part 36 Nondiscrimination of the basis of
Disability by Public Accommodation and in Commercial
Page 2
McMillian CUP
Facilities. Permit required shall be a "Change of Use" on
existing building.
Health Department: No objection to the issuance of this
permit as long as water usage is not increased via the
addition of employees other that current occupants. (7-29-92
Ms. McMillian stated that no employees would be added).
Planning Department: This application is for the establishment
of a Cottage Occupation for. stencil service and. sales by
appointment. The applicant is currently stenciling goods on
a consignment basis at another location, and now wishes to
expand the business to include sales by appointment at her
home. The business will be conducted from within the attached
garage and will require no additional employees other than the
applicant. This application is considered a Cottage
Occupation since the applicant will be displaying a sign and
there is retail sales involved.
R. Adequate parking exists for approximately two customers and
the proposed use should have no adverse impacts on surrounding'-
properties.
urrounding__properties.
STAFF RECOMMENDATIONS FOR SEPTEMBER 2, 1992: Approval with the:,
following conditions:
1) No structures shall be expanded to contain the use nor
new structures constructed to contain the use, unless a
revised C.U.P. is obtained.
2 ) No more than one sign shall be placed along Route 636 and
it shall be limited to four square feet.
3) Sales shall be limited to appointments only.
4) Hours of operation shall be limited to 9:00am to 9.:00pm.
5) All review agency comments shall be complied with.
Submittal Deadline 9- 7 -96Z -
P/C
-96Z -P/C Meeting 9 _cv_ _q12 -,
BOS Meeting 9
L I APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applica
n
t
(The applicant
/7if the owner other)
NAME:
ADDRESS:
TELEPHONE
2. Please list all owners, occupants, or parties in interest of
the property:
3. The property is located at: (please give exact directions)
LL'dL'/ /7;4 yv
'A
&Lf -,I/ d
=
4. The property has a road frontage of ® feet and a
depth of feet and consists of acres.
(Please be exact)
5. The property is owned by �� �(� as
evidenced by deed from Q recorded
(previous owner)
in deed book no. 15� on page Jl registry of the
County of Frederick.
6. 14 -Digit Property Identification No. _ � papo 3 o o oao 13 (n
Magisterial District p -
Current Zoning
= 7. Adjoining Property:
USE ZONING
North
East
South r s
West
0
page -2-
CUP Application
August, 1990
S. The type of use proposed is (consult with the Planning Dept.
before completing)
9. It is -proposed that the following buildings will be
constructed: 2 Q.vmn %3 a- k--,
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 sought to be
permitted. (Continue on back if necessary.) These people
will be notified by mail of this application: (PLEASE LIST
COMPLETE 14 -DIGIT NUMBER.)
NAME
n
Address
Property ID#
p y
g 6 Ovo coo 0 (SIX0
'
Address
Property
ID#
70� J 26
•
Address
Iq
Property ID#
t6 000a d, o0 U V 0.1
l� D� c) ,�•
Address
Stapp•. -•s �'{
e• o - ��u "3 VS
Property ID# 'k b t00-0 WD a 0 w2
w � WAX\
Address
Property ID# S'(o O D 3
Address
Rt \
d3 �- 7.5 g S-sC
Property ID#
c� (� OOaO o' 0 D 0 0 zK
page -3-
CUP Application
August, 1990
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.
io �
page -4-
CUP Application
August, 1990
12. Additional comments, if any:
I (we), the undersigned, do hereby respectfully make applicat+on
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.
Signature of Applicant
Signature of Owner
Owners' Mailing Address
Owners' Telephone No.
U/ (703)S6�- X35'3
� Vf7L
2p26 S
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FREDERICK COUNTY, VIRGINIA
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1 STORY
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TATE {�p�T E 636
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11
A
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
To: Frederick County Planning Commission
FROM: Wayne Miller, Zoning Administrator
RE: Conditional Use Permit #025-79
DATE: August 20, 1992
During the annual review and renewal of all conditional use permits
(CUPS), it was brought to my attention by the Shawnee District
Supervisor, that CUP #025-79 for Powlen Equipment Company, needed
to be cancelled since the company was no longer operating their
facility in Frederick County.
The Powlen Equipment Company was located off of Route 728, Victory
Lane, near the airport. The facility here was a branch of their
main office located in Hagerstown, Maryland, which continues in
operation.
On August 13, 1992, 1 talked with Mr. L.J. Powlen, Jr. on the phone
and he confirmed that they would no longer be operating from the
Frederick County location and that the Conditional Permit #025-79
could be cancelled. I asked Mr. Powlen to provide that request in
writing and he declined. He stated that he thought we could go
ahead and cancel the permit and that he did not want to be bothered
with providing us a letter request for cancellation.
Based on the conversation with the owner, I recommend cancellation
of Conditional Use Permit #025-79.
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
COUNTY of FREDERICK
Department of Planning and Development
703 1665-5651
Fax 703 / 678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Wayne Miller, Zoning Administrator"
SUBJECT: Annual Planning Commission Retreat l
DATE: August 25, 1992
The 1992 Planning Commission Retreat will be held on November 14,
1992 at the Country Inn in Berkley Springs, West Virginia.
Please reserve this date on your calendar and I will provide more
information in the not too distant future.
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604