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10-97 T. P. & Susan Goodman - Stonewall - Backfile (2)
CUP TRACKING SHEET (To be completed by Frederick Co. Staff only.) CUP # 010 -- q r Owner/Applicant _T, R C 5U,50_Yk C7Q0dMQ ti Application Date ,�- R- q 7 Fee Paid M yes initials: C, Sign Deposit = yes Sign return date: Submittal Cut -Off Date P/C Mtg. date: BOS Mtg. date: _/ VDOT _V/ Inspections �z Fire Marshal 1/ Health Dept. AGENCY REVIEW COMMENTS Airport Authority .. L*/— City of Winchester NRflB - �Uu. 1°� tti Co Sanitation Authority PLANNING COMMISSION RECOMMENDATIONS OF �[4 rl (date) EZ' APPROVAL (WITH CONDITIONS) zyes no DENIAL Sig ,Secretary Date BOARD OF SUPERVISORS PUBLIC 2HNG ACTION/��2actiongfIAPPROVAL/S , Adm. DENIAL Date f • /1 g ? Nod : ��1ic� ti on nod Co�,�e t� �o cory� meets dam Rec,c from A. C. on -71f tamped �e�z97 �2o��id�z�onJ�nzorzd,.0�. �a.t. ePBa_ 5�-��f9b' ����'�trt°ued�ar✓�C��rncl� c2�_ PHONE CALL FOR r DATE.TIME� PHONED O F lJ ��� FAX r RETURNED PHONE MOBILE (J YOUR CALL AREA CODE NU BER EXTENSION LEASE CALL MESSAGE WILL CALL AGAIN ME TO EE YOU WANTS TO cAaL J s — SEE YOU SIGNS MOPS. FORM 4003 I - rf v - - Y ---_r- ^ ` �� ' ` ' "nw,.n~^+_`�__-_._�-`� __--_'_-_-_-----_ ____--_-'- !---------�' ---^—�--- / '_-_-_____-��_-_--. '. / -____�_�- �- . r- -11% 1- - , - - - -- --- PHONE .CALL ,0 f''/� 7A.M. FOR IM DATE TIM P. M. PHONED OF J_ FAX RETURNED PHONE ❑ MOBILE YDUH CALL. AREA CODE MEIE SI N PLEASE CALL MESSAGE WILL CALL • AGAIN CAME TO - SEE YOU y/ p.�• `r U/V►�E� AtC ►�i� I �� oP�a� WANTS 1' SEE YOU _TFG SIGNED V-rjp%ho%p _ r - S FORM 4003 NOTES RECEIPTDate �t 19A'CASH A° Received From Address $ - CyDollars fr a For �t-V- f - c?� O ' t:. a h,! ACCOUNT HOW AMT OF ACCOUNT CASH AMT PAID CHECK 7BY BALANCE DUE MONEY ORDER c 1' ! >i I c 7 t � • .,J ,t i t • • •Fi • • �'rY+ . • • • • • • r.� 1 4 ' i 1 • 1 r i` l 1 � I ///-?; 7 C E e e M `I _ _ __ _ z • . FILE corn COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 June 1, 1998 T. P. and Susan Goodman 534 Redbud Road Winchester, Virginia 22604 RE: WAIVER REQUEST OF MINOR SITE PLAN REQUIREMENT Dear Mr. and Mrs. Goodman: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of May 27, 1998. Your request for a waiver of the Zoning Ordinance requirement regarding parking lots was approved. This approval was based on the recommendation made by the Historic Resources Advisory Board as follows: l . That two pull -offs be utilized along the existing driveway to enable two-way traffic to pass on another. These pull -offs would be in lieu of the required 24-foot-wide driveway. The pull -offs would be constructed of a brick paver material, rather than the required double prime -and -seal treatment. 2. That the existing grass be utilized for parking, rather than the required double prime - and -seal treatment. If y have any questions regarding this action, please feel free to call this office. ncerely, / �1 Eric R. Lawrence Zoning Administrator ERL/cc cc: Jim Longerbeam, Chairman, Frederick County Board of Supervisors Charles Orndoff, Stonewall District Supervisor John R. Riley, Jr., County Administrator Jerry Copp, Virginia Department of Transportation O:\AGENDAS\APPR DEN.LTR\GOODMAN.WAV 107 North Kent Street • Winchester, Virginia 22601-5000 x COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit W DATE: June 12, 1998 The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a deposit for a sign for Conditional Use Permit Application #010-97. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: RSA/kac Mr. Pat Goodman P.O. Box 1325 Winchester, VA 22604 107 North Kent Street - Winchester, Virginia 22601-5000 • R,E fT��r�4 A,, VIOLATION NO. VIOLATION FACT SHEET Last Name: (T©O,T)rYLFirst: Street Name of Violation AC IL. VV c, ' Town Zip (� S- a t� PIN* Zoning: _ Mag. District: Mailing Address (if different) Street Town _- w ; -L)�� s k . VA Telephone: (Home) Zip _ aa6 0 1 (Work) 6 6 '7 - 11-7s K ; *,;- Received by: .�"Q�%s Date: % -S Time:_16 In Violation Type Code:_ 1: -4 25 . Description: / 4 L 4FG Complainant: Address: UA- Telephone: (W) (H)- L G' — S c 2 Directions to Property Field Observation Inspector_ ,1, F,, Date: Time: 3. 3 d Contact: Description: �-o-i-wi-A- 9-.�. YV Notice of Violation Sent: Deadline for Compliance: Inspector's Name: Observation: Follow-up Inspections Date: 2nd Notice Sent: Deadline for Compliance: or File Criminal Complaint: Date: Court Date: Inspector's Name: Observation: Date: 3rd Notice Sent: Deadline for Compliance: or File Criminal Complaint: Date: Court Date: February 21, 1996 Mr. Pat Goodman Fay Spring Center 534 Redbud Road Winchester, Virginia 22063 RE: Proposed Use of Hackwood Estate Dear Pat: In response to your request during our recent conversation, I am writing to state that the proposed uses you described would be permitted by -right in the Rural Areas (R.A.) zone. Hackwood and the surrounding property are currently zoned R.A. F- As I understand it, the property would be used for the following: As a home for cats whose owners have died, or for other reasons can no longer care for them. There is currently no proposal to build any new structures for this purpose, rather existing buildings would house the cats. As a base for your wife's enterprise "Spay Today" which encourages and helps fund the spaying and neutering of cats. Spaying and neutering would not be done on the premises; animals would be transported to a veterinary clinic. Possibly as a site for occasional wedding receptions. As we discussed, it is quite possible that if the scale or intensity of the uses we discussed grows, or if complaints are received, it may become necessary to reassess whether a Conditional Use permit or other form of approval is appropriate. If you have any questions or would like to discuss this matter further, please feel free to give me a call. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/cg 04/09/96 16:56 Welcome to HackWO04! This historic mansion, built in 1777 of native limestone, with it's country setting and wonderful bank barn, is the perfsite for many corporate and ect private events. Located just off Interstate 81 in the Winchester area. Meetings and Seminars Executive Lunches Company Dinners y Morale Building Theme Events Corporate BB Q's and. Picnics Galas and Parties Company an Christmas Parties Site Includes: Catering Tables and Chairs Games and Interactive Activities Theme Decor Service Music and Equipment We're booking now for summer and Christmas events. encore Special Events O-P�- 800-365-8021'-,\ 304-728-0700 fax 304-728-0734 /09/96 16:58 All Food Grilled on Site Our#1 BBQ * BBQ PIT BEEF - 1/4 lb absolutely tender Choice Beef marinated in encore's special sauce * BBQ CHICKEN -1/4 Chicken marinated in oil, vinegar and herbs Groups under 300 Groups 300500 Group, inn0+ $23.79 $22.29 Lets talk! The All American it Hot Dogs - an all American favorite, 2 per person * Hamburgers - our best ground beef, 1 per person Groups under 300 Groups 300.500 Grnups 100n+ $17.49 $16.59 Lets Talk! The Big Rib Eater * BBQ BABY BACK RIBS - 1/3 rack, the taste is in the sauce and the cooking * BBQ CHICKEN - 114 Chicken marinated in oil, vinegar and herbs Groups under 3W Groups 300-5w Groups 1000+ $27.49 $25.59 Lets talk! The Great Combo * BBQ PIT BEEF -1/4 lb absolutely tender Choice Beef marinated in encore's special sauce * HOT DOGS - an all American favorite, 2 per person Groups under 300 Groups300-500 Groups1000- $20.49 $19.09 Lets talk! y Healthy Heart Feast IV mo GRILLED SKINLESS CHICKEN - 1/4 lb with your choice of herbs y VEGETABLE KABOBS, Roasted Potatoes, Greens Salad, Fresh Fruit Compote & Breads C�1�ss ok Z�. tot sa�5slq Groups tinder 300 Groups over 300 $26.49 Lets talk! Gam wee S 4Denor 1-{ lth H t F t v d w'th F 1, Baked Breads Watermelon Iced Roast That Piz A great addition to any BBQ or by itself I -CALL FOR QUOTE - All entrees except ea y ear eas , sere 1 r , Tea, Cundiments, and All American Baked Beans plus a choice of two side dishes: * Cole Slaw, * Potato Salad, * Pasta Primavera More extras included in your site, see reverse for details encore Special Events l 021 •:• 304-728-0700 04/09/96 17:00 lij004 Business Meetings Business meetings and seminars can be accommodated in our large bank barns or beautiful plantation homes. They make great places for get away think tanks, management meetings and planning sessions while putting you in a unique relaxing atmosphere close to nature. The day can begin as early as 8:00 a.m., starting with a continental breakfast including assorted donuts, bagels with cream cheese, coffee, hot tea and a choice of orange, tomato or grapefruit juice. Refreshments can be designed for scheduled breaks during your session. Seating for 100 is included in this package. With advance notice we can furnish a public address system, a large screen TV, a VCR, an overhead projector and screen. These additional items are not included in the package and will necessitate additional charges. Following your program, make use of our o thletic facilities including volleyball, softball, horseshoes, and croquet for no additional charge. Our barn facilities can handle groups up to 360 persons with certain seating arrangements. Our minimum is 50 people, however, we do have a $200 service charge for groups tinder 100. Groups under 50 can be accommodated in other parts of the facility and will be treated on a per group basis. This package can be obtained Monday through Thursday between the hours of 8:00 a.m. and 6:00 p.m. Lunch Buffet Your choice of one of the following: * BBQ Pit Beef 1/3 lb. * BBQ Chicken 1/4 v Grilled Skinless Chicken BBQ Chicken 1/4 Pasta Primavera Vegetable Kabobs * entrees served with Hearty Breads, All American Baked Beans, Watermelon, Iced Tea, Condiments, Cole Slaw, Potato Salad and Cookies served with Roasted Potatoes, Green Salad, Fresh Fruit Compote, Breads and Cookies. Grilled on Sitel $26.99 per person _Country Farm Breakfast This option is in lien of the Continental Breakfast Country Scrnntbled Eggs with Sntrsage Prattles, Hearty Breads, Choice of Orange, Tomato or Grapefruit jttice, Coffee and Hot Tea Additional $3.65 per person encore Special Events P.O. Box 978, Harpers Ferry, WV 25425 `� 800-365-8021 ❖ 304-728-0700 04/09/96 17:01 10005 Welcome to York Hill! w available, this historic farm offers the use of a gracious quiet house, a magnificent stone bank barn and a pavilion for corporate and private events. Its close proximity to the Interstate 81 corridor snake it an ideal location. Meetings and Seminars Executive Lunches Company Dinners Morale Building Theme Events Corporate SSQ's and Picnics Galas and Parties Company Christmas Parties. Site Includes: Catering Tables and Chairs Gaines and Interactive Activities Theme Decor Service Music and Equipment We're booking now for summer and Christmas events! encore Special Events 800-365-8021 304-728-0700 fax 304-728-0734 04/09/96 17:02 10006 Via' � �A.i;L�i.�«l!ia � :� i .rl .•3J...:E:r f Your event at Hackw. ood or York Hill, includes: * Full use of the Picnic Facilities * Seating for 100 people * Country Western Decor & Attire * Volleyball & Softball * Horseshoes & Croquet Additional Games &c Entertainment To make your event even more f en you can add activities like: * Live Bands * D Js * Line Dancing * Flying Disc * Balloons * Clowns * Caricature Artist * Face Painting * Characters * Magician * Casino * 'And More! We can also provide many Ainusesnent Games. The ►host popular are * Moon Bounce * Rain Room * Surf Machine - call For Quotes - For the ultimate Picnic. encore Special Events offers morale and team building events that are creative, interactive and entertaining. Choose frost: * Caribbean . * Olympic * Indiana Jones * Mardi Gras * South of The Border * Carnival * Country Western -call For Quotes - encore Special Events A&:�- `% P.O. Box 978, Harpers Ferry, WV 25425 04/09/96 17:03 Ia703 665 5433 SHENANDOAH UNIV. 10007 Details .. a Hours: Day event hours are from 12:00 p.m. to 4:00 p.m. Evening event hours are from 6:00 p.m. to 11:00 p.m. There will be an additional fee for events continuing past those times. You may set your own arrival and serving times within the allowed hours. We recommend that your time schedule, including serving starting and ending times, be published to your group in advance. Minimums: A minimum of 100 participants above the age of 5 is required, with a minimum count of 80 adults and 20 children 5-11. There is a $200 service charge for groups under 100 persons for daytime picnics. Evening events addressed per client. Pricing: Prices quoted include full use of the picnic facilities, equipment for games, labor, service and all food. Also included is seating for 100 guests, additional seating will be added to the total invoice. Sales Tax: All food and beverage is subject to 4.5% Virginia Sales Tax at Hackwood and 6% West Virginia Sales Tax at York Hill. Deposit: A 50% deposit of the estimated contract is due to guarantee the date for your event. An additional 25% is due 30 days prior with the balance due one week prior to the function at the time the confirmed count is given. Serving: The preparation and service of your food is our prime concern. All of our cooked foods are grilled on site. We will start serving at the time of your choice. To ensure the quality of the food, serving is limited to a maximum of two consecutive hours. Athletic Equipment: Athletic equipment for softball (except softball gloves), volleyball, horseshoes and croquet is furnished without charge. However, in order to keep track of the equipment we request that you appoint a responsible person to be in charge of the games. That person will work closely with encore's Event Coordinator to make sure the equipment is collected and returned at the end of the event. Any missing equipment will be billed at its replacement cost. Your cooperation in this matter will be greatly appreciated. Restrictions: Please advise your group of the following restrictions. a. No pets allowed. This is a health department requirement. The only exception to this rule is guide dogs for the blind. b. No alcoholic beverages may be brought onto or removed from the premises. We reserve the right to check all containers brought to the site. c. Only vendors hired by encore Special Events are allowed on the site premises. d. Telephones are not available for public use at the site. encore Special Events P.O. Box 978, Harpers Ferry, WV 25425 `wl 800-365-8021 ❖ 304-728-0700 �� 39 � ° � .� Lord Fairfax Environmental Health District 107 N. Kent St. M• P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of: Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester March 10, 1997 Pat & Susan Goodman 534 Redbud Rd. Winchester, VA. 22604 Dear Mr. & Mrs. Goodman, This letter is written in response to a REQUEST FOR CONDITIONAL USE PERMIT COMMENTS received by the Frederick County Environmental Health Department. The property in question, Fay Springs Center, is proposed for use as a social center with uses including catered functions, tours, meetings, outdoor recreation and wedding receptions. In order for the Health Department to approve the Conditional Use Permit the Sewage Disposal System will need to meet current Health Department Regulations as for system design and capacity. The Health Department has searched our records for Sewage Disposal System Permits, and we find no permits for this property. In order for the Health Department to comment on this proposed Conditional Use Permit the following will be necessary to determine if the Sewage Disposal System serving the property would be Safe, Proper and Adequate for the proposed use. 1.) An Existing System Evaluation Application would have to be submitted to the 'Environmental Health Department to evaluate the present Sewage Disposal System serving the property. Since no records exist in our files for the present system, the following actions will be required for the evaluation. A.) The septic tank and distribution box will need to be located and uncovered for inspection. The septic tank will need to be pumped out prior to the inspection so that the internal components can be checked. B.) The drainfield area will be required to be delineated and the end of one line uncovered so that the construction and location can be verified. C.) At the time of inspection backhoe pits will be required around the existing drainfield area to deterime if the soils meet Health Department Regulations. 2.) After the Existing System Evaluation is conducted, if the system meets the requirements for the proposed use, the Health Department will forward our comments to the applicant. If the system is found to be inadequate for the proposed use or not meeting Health Department Regulations then the applilicant can apply for a Sewage Disposal Permit Application for expansion or replacement of the existing system with the Health Department or Department of Environmental Quality if applicable. If you would like further information concerning this matter please contact me at the Frederick County Office of Environmental Health at 540-722-3480. Sinc rely, Frank. R. Lee Environmental Health Specialist Senior COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 CERTIFIED MAIL May 30, 1997 Fay Spring Center T. P. & Susan Goodman 534 Red Bud Road Winchester, Virginia 22603 Re: Proposed Use/s of Hackwood Property Conditional Use Permit Dear Mr. & Mrs. Goodman: This letter is to follow up on a meeting with you and various County officials which took place at Hackwood in late April. At that time we discussed the various activities that were periodically being conducted at Hackwood and the fact that these activities were not permitted in that location. Prior to our April meeting you were informed that in order to conduct seminars, company dinners, picnics, BBQ's, parties, weddings, tours, and operate a gift shop within the RA (Rural Areas) 'Zoning District a Conditional Use Permit (CUP) is required. As you know, the Hackwood property is zoned RA. An application package for a CUP was provided to you months ago. As of this date, no application has been filed. You are hereby notified that no future events or activities, such as those listed above, should take place on your property until the County has received and approved an application for a CUP. If any such activities take place on the property prior to your filing a completed application for an appropriate CUP, the County shall show cause for legal action. Please feel free to contact me if you have any questions concerning this matter or the County's position. Sincerely, Andrew D. Evans Zoning Administrator ADE/bah UAANDY\C0MM0N\G00DMAN2. WPD 107 North Kent Street • Winchester, Virginia 22601-5000 0 MAY 26 '98 02:43PM Louis G. Santucci Attorney At Law Suite 300 1101 17th Street N.W. Washington, b.C. 20036 202 331-1770 BY FAX Mr. Chris Tierney Frederick County Planning Commission Winchester, Virginia Dear Mr. Tierney: m in resolving a dispute I have been asked by Mr. and Mrs. Goodman to assist them with regard to their property regarding certain demands that are being placed on known as Mackwood with which I know YOU are familiar. I am writing to request a copy of the zoning regulations which are pertinent to the issues under discussion and specifically any regulationsthat pertain to parking areas. In addition, l would like to have a copy of any regulations which exist regarding exemptions for historic property. could fax them to my attention at 202 331-1969 I would appreciate it. I can than If you discuss them with the Goodmans before tomorrows meeting. Sincerely, r Louis S,�an�t`�u"a~c�, Esq. cc: Gene Smith 0 William H. Ellis Architect 2525 Apple Pie Ridge Road Winchester, Virginia 22603 540-662-5780 May 26, 1998 Mr. & Mrs. T.P.Goodman 685 N. Loudoun St. Winchester, VA 22601 Re: Hackwood Pavement Design Gentlemen, As per your request I have visited the referenced site and conducted investigations of the existing condition of your proposed parking area. This area is west of Hackwood and is best described as well drained rolling turf, shallowly underlain by limestone parent rock. This land is part of the 1400 acre farm of Gen. John Smith, longtime commander of Frederick'County's militia and includes the 1777 grand home Hackwood. This site is of national significance, undisputed importance and in the first rank of threatened sites with 1ST & 2ND Manassas, Kernstown & etc. that have a chance for preservation and future use as Historic Sites. In this context, the Frederick County Historic Advisory Board recommendation to install engineered turf where pavement is required should be followed (e.g.: old lane passing turnouts). Currently popular paving materials such as concrete, bituminous concrete, and in this case even brick pavers are unhistoric and should be avoided. These pavement options also accelerate run-off velocities and affect absorption and recharge negatively. Furthermore, this is an hydrologically active area which militates against surface disruptions. From an engineering standpoint the superior design solution would be turf designed for your anticipated loads and duty requirements but with disruptions restricted to the least extent possible. Historical resources reveal that this proposed parking area has been in continuous use for 200 years and subjected to heavy wagon loads and hoofed traffic. Additionally, when veterans of this battle returned in the 1880's they selected this very ground for their encampment knowing theirs would be horse drawn operations in any weather. As the hoof and wheel loads are greater than those of passenger cars, their confidence in this ground is, in and of itself, proof enough of the bearing capacity of this ground. In this particular case it makes no sense to disturb this earth when the loads are intermittent, light, and no increase in bearing capacity is required. Therefore, I certify that the existing turf in the area you propose is perfectly adequate for the expected loads and duty. I recommend that it remain undisturbed. Dusting, if any occurs, is preventable by irrigation. If you have any questions, please call. 0 0 PUBLIC NOTICE Pat and Susan wish to thank all the people of the Winchester/Frederick County area who have expressed support for our endeavour to restore and maintain the Hackwood estate as both a historic property and a site that can be used for functions such as weddings and corporate meetings, while at the same time being the headquarters for Spay Today, Inc., a non-profit group that has provided, with no coat to the taxpayers of the area, spay and neuter assistance for over 5,000 cats and dogs in the past 5 years. As most of you know, the manor house was built in circa 1790 by Hessian Soldiers under the control of General John Smith. Quite elegant for the period, with twelve fireplaces, large windows, and Yormal' 20 acre lawn, which includes the 3,000,000 gallon per day Fay Spring, Hackwood was the site of the Third Battle of Winchester in September, 1864, The battle, a turning point in the Northern Shenandoah Valley, was fought by brave men commanded by Generals Early, Ramseur, Wharton, & Rhodes of the CSA, and Generals Sheridan, Wright, and Russell for the Union. Among the troops was George Armstrong Custer, later to become famous in the Battle of Uttie Big Horn. The fighting was one of the most brutal in the valley, with 8,500 casualties in a single day. News accounts of the scene afterwards said that it was possible to walk across the field on the bodies. Memories of people still living tell of armament visible in the pond marsh as late as 19171 The manor was badly damaged In the war, restored in the 1880's, and operated as a private residence and orchard. The owners, Dr. Smith, were known for giving the lavish parties and what must have been the largest wedding in the area when his daughter was married there. Unfortunately, from the 1960's on it went through a succession of non -caring owners (one of the tenants used a chain saw to cut the bottom of the 17th century doors out, and hung truck mud flaps for use of his dogs, which he left behind when he left). When purchased in October 1�99 from the bankrupt BCCI, it needed major loving care. Today we are well on the way to complete restoration of both the grounds and the buildings on the site. Please note: we pay property taxes, (even though Spay Today, Inc., is a 501-C3 non-profit corporation) and we do not receive, nor do we ask for any funds from the local governments, feeling that we can accomplish more with less by not having to second guess every expenditure. On Wednesday, the 27th, we are again on the agenda of the Frederick County Board of Supervisors, in what must surely be the last step in acquiring a Conditional Use Permit to allow us to continue to have catered events such as weddings and corporate functions, as well as fund raising events for local charitable organizations (for which we charge no fee). In the past these have included: Boy Scouts, Girl Scouts, Aids Response, Chamber of Commerce, Master Garden Club. Our corporate users are among the most prestigious in the area, and include, among others: Dupont, O'Sullivan, Yount, Hyde & Barbour, and Century Graphics. Please support us by attending this public meeting, May 27, 7:15 p.m., at 107 N. Kent St. If you are unable to attend, you can be with us in spirit by watching the meeting, 'live' on channel 6 cable TV Our goal always has been, and still is, to maintain and make available to the public one of the most historic sites in the area, spanning from the Revolutionary War to the present by utilizing the grounds for dignified functions that fit the stately ambience. Unfortunately several of our neighbors are very vocal in the opposition, implying that we would 'build a Disneyland' and apparently believing that we should allow random uncontrolled digging for Civil War Relics. Neither of us has been to Disneyland, and believe that relics should be left undisturbed until a scholarly study can be done. With your support, perhaps we can institute changes in regulations which would make it easier for other owners of historic and notable properties to be able to maintain and use some of the many irreplaceable properties that are now languishing because it is not possible to exactly conform to laws made for strip malls. With every trip up and down 1-81, one can see grand estates falling into disrepair because to use them would require paving formal gardens for parking, and entrances sufficient for a mall which is used by thousands of people on a daily basis. A simple Zoning ruling allowing case by case evaluation of sites on the National Register would suffice, it should be simple enough to accomplish. This summer we will give our supporters a tour of the manor and grounds, including the now famous 'Feline Family Room'. Admission will be by appointment only, so as to keep traffic at any one time to a minimum. For your invitation, please send your name and address with daytime phone to: Hackwood, 534 Redbud Rd., Winchester, VA 22603; or call 665-2827. There will be no charge, although donations are certainly welcome. Thank you for your past and future support, Pat & Susan Goodman 26657 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 Ms. Beth Lewin C/O Carroll Construction Co. 305 Ebert Road Winchester, VA 22603 Dear Ms. Lewin: May 22, 1998 JERRY A. CDPP RESIDENT ENGINEER TELE(540)984-5600 FAX (540) 964-5607 Ref: T.P. & Susan Goodman Entrance Route 661 Frederick County Enclosed is your approved Land Use Permit #855-04377 to cover the construction and maintenance of one commercial entrance at the referenced location. Please ensure a copy of the approved permit assembly is kept at the job site whenever working within the Route 661 right-of-way. I would also like to remind you of the need to erect and maintain proper traffic control in accordance with our Virginia Work Area Protection Manual. Please give Mr. Denny Lee a call at (540) 722-3460 at least 48 hours in advance of the start of construction to arrange for any necessary inspections. If you have any questions concerning the permit requirements or during construction, please give me a cail. E Sincerel r v William C. Gochenour Hwy. Permits & Subd. Specialist Sr. WCG/rf Enclosure xc: Mr. Denny Lee ( / one set of plans) Mr. Kris Tierney WE KEEP VIRGINIA MOVING i FILE COPY I May 12, 1998 Mr. T. P. Goodman 534 Redbud Road Winchester, VA 22604 RE: CUP #010-97 for T. P. and Susan Goodman Property Identification Number (PIN) 54-A-87 Dear Mr. Goodman: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 This letter represents a summary of the discussions from our meeting on Thursday, May 7, 1998, in the Department of Planning and Development office. In attendance at this meeting were Ms. Rita Fries, Kris Tierney, you and me. This meeting was arranged with the intent on gaining a better understanding of the County's site plan requirements for the above referenced project. The topics of discussion were as follows: 1. Parking Lot Location. It was agreed that the parking lot would be located adjacent to the barn, near the manor house. This location would place the guests close to the entertainment facility. As buses and other larger, heavier vehicles could not cross the existing stone bridge, a future parking lot expansion could be located closer to Redbud Road. A shuttle system could be implemented to transport guests from this auxiliary parking area to the main house. 2. Parking Lot Surface Treatment. You expressed an interest in utilizing an alternative surface treatment system rather than the required double prime -and -seal. This alternative surface treatment would consist of brick pavers that are embedded in the ground and allow for vegetation/water to permeate. You contend that the brick pavers would complement the property's historic character more so than double prime -and - seal. In order to utilize such an alternative, it will be necessary to gain the approval of the Historic Resources Advisory Board (HRAB). The next HRAB meeting will be held on May 19, 1998 at 7:30 p.m. I understand that Ms. Fries has contacted Jeff Everett and requested to be placed on the HRAB agenda. 107 North Kent Street - Winchester, Virginia 22601-5000 T. P. & Susan Goodman Letter RE: CUP #010-97 Page 2 May 11,1998 Number of Parking Spaces. We agreed that 30 parking spaces would be provided. This is based on utilizing the existing drainfield, as per the Health Department. In the event that you install a pump -and -haul health system, an expansion of the parking facility will be required. 4. Pull -Off Areas along the Driveway. We agreed that the installation of two pull -off areas, as a minimum, along the driveway would satisfy the driveway width requirements. These pull -off areas will enable vehicular traffic to pass one another. If you intend to utilize brick pavers as surface treatment for these pull -off areas, HRAB approval is necessary. 5. Minor Site Plan Requirement. A site plan illustrating the location of parking, driveway pull -offs, and review agency concerns should be submitted to the County. This site plan must be sealed by a licensed Professional Engineer or Land Surveyor. The approved Conditional Use Permit (CUP) required that a minor site plan be submitted to and approved by the County prior to opening the Hackwood property to events. Therefore, it is important that a site plan be submitted as soon as possible to enable you to begin your venture. Feel free to contact me with any questions concerning this letter or any of the requirements associated with this CUP. Sincerely, Eric R. La rence Zoning Administrator ERL/cc cc: Charles Orndoff, Stonewall District Supervisor Jim Longerbeam, Chairman, Board of Supervisors John R. Riley, Jr., County Administrator Kris Tierney, Planning Director U:\ERIC\COMMON\98L=R\GOODMAN 1.WPD CMG q COUNTY of FREDERICK w Department of Planning and Development • 540/665-5651 »w FAX: 540/ 678-0682 MEMORANDUM TO: Historic Resources Advisory Board FROM: Jeffrey C. Everett, Planner I RE: May Meeting DATE: May 8, 1998 The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on Tuesday, May 19, 1998, at 7:30 pm in the First Floor Conference Room of the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. Please enter the building • using the rear door, which is adjacent to the Joint Judicial Center parking lot • AGENDA I. Review of request of T.P. and Susan Goodman for waiver of several requirements contained in the Zoning Ordinance in regard to site improvements. The proposed improvements pertain to the recently approved conditional use permit to operate Hackwood as a social center, outdoor recreation center, and a place for catered functions, tours, meetings, etc. Mr. Goodman and Ms. Rita Fries will present the necessary information, including diagrams of the proposed improvements. Please contact this office if you are unable to attend or have additional questions. 107 North Kent Street • Winchester, Virginia 22601-5000 COMMONWEALTH ®f VIRGI IA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 May 8, 1998 Mr. T. P. Goodman 534 Red Bud Road Winchester, VA 22603 Dear Mr. Goodman: MAY1998 REC--D DEPT. OF PLANNING l AND DEVELOPMENT JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Fay Spring Center Rt. 661, Red Bud Road Frederick County This is in response to a request from Ms. Rita Fries, Director, Fay Spring Center to access the referenced site for a wedding reception on May 9, 1998. As you are aware your existing entrance does not meet minimum VDOT commercial entrance standards. It is VDOT's desire and requirement that your patrons entering and exiting your facilities do so in the safest manner possible. To this end VDOT is committed to insuring that a commercial entrance is constructed at this site. However, in considering your request to allow limousines or vans to transport guests from an off site parking facility to your site, VDOT will require the following: A. A law enforcement officer, practiced in controlling traffic be on duty on Route 661, Red Bud Road to direct traffic when limousines or vans are entering or exiting the site. Advanced warning signage, cones, or barrels should be in place prior to the start of guest arrivals. B. This request is being granted for May 9, 1998 only. An approved and permitted commercial entrance must be installed prior to scheduling future events at this site. Again, I must stress this request will be granted one time only and the safety of the traveling public must be maintained at all times during the event. WE KEEP VIRGINIA MOVING �J • Please use every thing available to insure your guests enter and exit your site safely. Sincerely, Steve Melnikoff Transportation Engineer xc: J. A. Copp R. D. Hawkins J. Longerbeam K. Tierney E. Lawrence MAY-08-98 FRI 12:08 PM ATLAS MOTORS INC. 703 6652025 • P.01 Fay Spring Center z society devoted to ending anima(suffcrirtg through nationwtae public education ana spay/neuter assistance programs, " May 8. 1998 '.t'o: Mx'_ Stave Melanko£f c/o V.DM' Winchester Office r'rom: itita Pries 534 Redbud Rd_ winc,hester, VA 22603 Per our phone conversation this date, we agree to lave the guests attending the wedding reception of Bob O'Shay and Hol-y Jennigan enter and leave the premises of Hackwood in vans or limousines, under the dire(-tion of a lava enforcement or security ox'ticear. Should you need further information, you may contact me at: 540--665-2827, by FAX 540-665-2025 Thank, you for your consideration ill this matter, Rita Pries, Director pay Spring Center 534 9W Bud Board • Winchester, viraini.a 2203 • !Pdtnne W 7 • • �.. r 14� q; 4" I M A`11998 0 (c SO e, d RE PLANNING ��`' -- / �( }�� ��� OF p DEVELOPMENS COMMONWEALTH ® f VIRCjINIA LV DEPARTMENT OF TRANSPORTATION DAVID R. GEHR, �EDINBURG RESIDENCY JERRYA. COPP COMMISSIONER" 14031 OLD VALLEY PIKE RESIDENT ENGINEER P.O. BOX 278 TELE (540) 984-5600 EDINBURG, VA 22824-0278 FAX (540) 984-5607 May 8, 1998 Mr. T. P. Goodman 534 Red Bud Road Winchester, VA 22603 Ref: Fay Spring Center Rt. 661, Red Bud Road Frederick County Dear Mr. Goodman: This is in response to a request from Ms. Rita Fries, Director, Fay Spring Center to access the referenced site for a wedding reception on May 9, 1998. As you are aware your existing entrance does not meet minimum VDOT commercial entrance standards. It is VDOT's desire and requirement that your patrons entering and exiting your facilities do so in the safest manner possible. To this end VDOT is committed to insuring that a commercial entrance is constructed at this site. However, in considering your request to allow limousines or vans to transport guests from an off site parking facility to your site, VDOT will require the following: A. A law enforcement officer, practiced in controlling traffic be on duty on Route 661, Red Bud Road to direct traffic when limousines or vans are entering or exiting the site. Advanced warning signage, cones, or barrels should be in place prior to the start of guest arrivals. B. This request is being granted for May 9, 1998 only. An approved and permitted commercial entrance must be installed prior to scheduling future events at this site. Again, I must stress this request will be granted one time only and the safety of the traveling public must be maintained at all times during the event. WE KEEP VIRGINIA MOVING s 1 • Please use every thing available to insure your guests enter and exit your site safely. Sincerely, Steve Melnikoff Transportation Engineer xc: J. A. Copp R. D. Hawkins J. Longerbeam K. Tierney E. Lawrence MAY—.08-98 FRI 12:08 PM ATLAS MOTORS INC. 703 6652025 P.01 a.; ,fay Spring Center z society devoted to ettefirtg anima(sufferi.rng through natconzoide puplic education and spa lfteu.ter assut4,F programs. " May 8.1998 ,xo: Mr. Steve melt-T))�off c/o VPOT Winchester Office k'ra)n: RIta Pries 534 Redbud Rd. W+ nGhester, VA 22603 per our phone conversation this date, we agree to have the guest$ attendAng the wedding reception of Bob O'Shay and Holly Jennigan enter and leave the premises of Hackwatud i.n Vans or iimousines, under the direr -Lion of a lava enforcement or securA ty cancer. Should you need further into.rmation, yoll may contact me at: 540-665-2027, by FAX 540-665-2025 ThankyQu for your, consideration ill this matter, Rita Fries, Director Fax $pring center 5"34 Rid Bud Road • Winchester rVirainia 22603 * Thorte. f.5`401 ��'�`- f!V 7 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 Mr. Michael M. Artz, L.S. C/O Ebert & Associates 35 W. Boscawen Street Winchester, VA 22601-4740 Dear Mike: May 5, 1998 JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-%07 Ref: Goodman Commercial Entrance Route 661 (Redbud Run) Frederick County We have received your revised site plan dated May 4, 1998 for the referenced project. It appears all of our earlier review comments have been satisfactorily addressed. Please advise the owner of our approval. The sight distance easement should be dedicated prior to issuance of the land use permit. The appropriate land use permit may now be applied for to cover work within the Route 661 right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. Once satisfactory application has been made, a permit will normally take approximately thirty days to process and issue. Should you have any questions, please feel free to call. Sincerely, 6 " Barry J. S eitzer Trans. Roadway Engineer For: Steven A. Melnikoff Transportation Engineer BJS/rf xc: F. C. P&S Specialist Mr. Kris Tierney WE KEEP VIRGINIA MOVING 0 0 • •FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 April 30, 1998 Mr. T. P. Goodman 534 Redbud Road Winchester, VA 22604 RE: CUP 4010-97 for T.P. and Susan Goodman Property Identification Number (PIN) 54-A-87 Dear Mr. Goodman: This letter represents a summary of the discussions I had with your employee, Ms. Rita Fries, on Wednesday, April 22, 1998, concerning the site plan requirements for the above referenced Conditional Use Permit. As you are aware, the CUP approved by the Frederick County Board of Supervisors on April 8, 1998, contained four conditions, one of which was the submission and approval of a minor site plan. A minor site plan for this site should address a number of issues. In particular, the following should be addressed: Provide adequate parking, at a ratio of one parking space for every four persons. A. Based on my discussion with Ms. Fries, I understand that you intend to utilize the existing septic tank and drainfield. The Health Department will permit the use of the existing facilities for up to 90 people. Therefore, 23 parking spaces should be provided. B. In the event that you utilize a pump -and -haul system, it is my understanding that the site could accommodate up to 200 people. Based on that assumption, 50 parking spaces should be provided. C. Should you choose to initially utilize the existing health facilities, and over time implement a pump -and -haul system, I would recommend that you plan for the future parking requirements. This could be accommodated by phasing the parking lot: Phase I could contain at least 23 parking spaces; Phase II would contain the remaining 27 spaces, bringing the total parking spaces available to 50. 107 North Kent Street - Winchester, Virginia 22601-5000 � tY � �, � '�� a sppa,, � .� r �.,� i�:'3 i �-0'c 'w'w.. �eiL'� iTJi' M' T. P. Goodman Letter Page 2 April 30, 1998 2. Provide a 24-foot driveway from the property's entrance on Redbud Road to the parking facility. In talking with Ms. Fries, it is my understanding that the parking facility would be provided near the property's entrance. By placing the parking near the entrance, the driveway distance would be minimized. The requirement is not that a 24- foot driveway be provided to the house; it is that a driveway be provided from the property's entrance to the parking facility. 3. The Zoning Ordinance requires a minimum parking facility surface treatment of double prime -and -seal. I understand that you would prefer to utilize an alternative treatment: brick pavers that allow the grass to grow and camouflage the parking area. In order to utilize this alternative paving treatment, you will need to acquire the approval of the Historic Resources Advisory Board (HRAB). The HRAB meets the third Tuesday of the. month; staff should receive agenda item requests at least 10 days prior to the meeting. This enables staff to incorporate the request into the HRAB's meeting. The next HRAB meeting will be on May 19th; please submit a request to staff by May 8th. 4. The site plan review.process requires review comments from the necessary review agencies. These agencies will include: VDOT, Inspections, County Engineer, Fire Marshal, Health Department, and this office. As you have been in contact with each of these agencies, their site plan review comments would probably be minimal. I would also remind you that the approved CUP requires that you comply with the agency comments and gain site plan process approval prior to opening the Hackwood facility for events. Based on my recent discussions with Ms. Fries, I believe efforts are underway on your behalf to bring the site into conformance with the County's requirements. Feel free to contact me with any questions concerning the CUP, the minor site plan requirements, or any other aspects of this project where I may be of assistance. Since ly, c Eric R. Lawrence Zoning Administrator ERL/cc cc: Charles Orndoff, Stonewall District Supervisor Jim Longerbeam, Chairman, Board of Supervisors John R. Riley, Jr., County Administrator U:\ERIC\COMMON\98 LEf fER\GOODMAN. W PD Lord Fairfax*nvironmental Healt*District 107 N. Kent St. N P. O. Box 2056 Winchester, Virginia 22604 co� (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester April 28, 1998 RE: Hackwood Sewerage System 0 zco LLJ z 1 c. Mr. T.P. Goodman 5 $ 685 North Loudoun St. Q V t a, Winchester, VA 22601 c'y� kj a a Dear Mr. Goodman: I recently received a verbal request from your agent Ms. Rita Fries. Ms. Fries was requesting information with regard to the September 3, 1997 letter from Mr. Frank Lee that was sent to Andrew Evans of the Frederick County Planning Department. Mr. Lee stated in his letter that the existing drainfield would be suitable to provide sewage disposal for events up to a maximum of 90 persons. This was based from the fact that the drainfield was found to be sized for a maximum of 3 bedrooms or 450 gallons per day. Mr. Lee also listed several conditions that must be met before a final health department approval of the 90 person limit would be granted. These conditions were: 1. All toilets in use at the property must be changed to a low flush type (1.6 gallons per flush or less). 2. At the time of the 9-3-97 letter, no one was using the property as a residence. If this changed and someone is presently residing in the structure, then a change to the maximum number for each event would be required. I have consulted with Mr. Lee on this date and we have reviewed the above mentioned letter. The information that was included in the 9-3-97 letter is still being honored as of this date. Please note that the 2 above mentioned conditions must also be satisfied before our final approval will be granted. I also recommend that you contact the Frederick County Office of Planning & Development in order to verify any requirements of that office. If you have any questions, please call at any time. Sincerely, Karl E. Evans Environmental Health Supervisor Pc: Eric Lawrence, Zoning Administrator COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 Mr. Mike Artz, C.L.S. C/O Ebert 8� Associates 35 W. Boscawen Street Winchester, VA 22601-4740 Dear Mike: April 27, 1998 JERRY A COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 9845807 Ref: Goodman Commercial Entrance Route 661 (Redbud Road) Frederick County We have reviewed the preliminary site plan dated April 16, 1998 for the referenced project. VDOT comments are as follows and as shown in red on the enclosed plan sheet: 1. VDOT General Notes 1 thru 8 (copy attached) should be a part of the commercial entrance plans. (Item 10 on the enclosed Entrance Permit Plan Check List.) 2. Distance should be shown to the nearest VDOT road intersecting the proposed entrance. 3. Please provide a location map. We prefer the use of an area quadrangle map with site location pointed at on the map. (Item 2 on the enclosed Entrance Permit Plan Check List.) 4. Should show the type of development, square feet of business, etc. (Item 6 on the enclosed Entrance Permit Plan Check List.) 5. Trip generation traffic volume and source, resource and list. Please use current state of the art reference. When all of the above comments have been addressed, please provide five copies of the revised plans for review. Should you have any questions, do not hesitate to call. Sincerely, Barry J. Sweitze� RoadwaEn ineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf Enclosures xc: F.C. P& S Specialist Mr. Kris Tierney WE KEEP VIRGINIA MOVING Lord FairfaNWnvironmental Healt*District 107 N. Kent St. P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester l) J�GtiA�j E?_ �I. h•�� 4hY` •IG /�'(.. �E'k �C1/�FK �lZtc- �l 1 3� 4c c D - NO ck fye-vva/ r Oi1 S,'te Pre 4r4fiI .Aj December 23, 1997 Pat Goodman 534 Redbud Road Winchester, VA 22603 Dear Mr. Goodman, This letter is a follow up for a phone conversation I had with Rita Fries as your representative for the proposed Conditional Use Permit for Hackwood. We discussed the possible use of a Pump and Haul for a sewage holding facility at the Hackwood property. The Pump and Haul would be designed to hold the sewage generated during functions held at the facility. The system would consist of a minimum of 3 1500-gallon septic tanks in series with an alarm system to notify you when the tanks were nearing capacity. These would require pumping as needed to ensure that no sewage would be released to the ground. This does not mean that they would require pumping after each event, as some of the smaller events would generate little sewage. But rather would require pumping when the tanks reached a certain level to ensure that no sewage would overflow the system. As I stated to Ms. Fries the Health Department would have no objection to this facility being used at Hackwood but the final determination would be up to the County, as the County would be the actual contract holder for the system. I will continue to assist Ms. Fries in filing the paper work necessary for the completion of an application. We further discussed the use of the existing septic system for use for the cottage adjacent to the main house. The Health Department would have no objection to the use of the present system for the cottage as long as the design capacity was not exceeded and no sewage generated at the functions held at the main house were to go into the existing septic system. I hope this clarifies our position as to the requirements for your Conditional Use Permit. • 0 If you should have any questions concerning this matter please feel free to contact me at the Health Department. Sincerely, �'� ?f- L" __ ? Frank R. Lee Environmental Health Specialist Senior Winchester -Frederick CO. Health Dept. COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 April 10, 1998 T. P. and Susan Goodman 534 Redbud Road Winchester, Virginia 22604 RE: CUP #010-97 FOR T.P. AND SUSAN GOODMAN, PIN #54-A-87 Dear Mr. and Mrs. Goodman: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 8, 1998. Conditional Use Permit #010-97 for the operation of a social center, catered functions, tours, meetings, and outdoor recreation was approved with the following conditions: 1. Applicant will obtain approval from all agencies, including VDOT's requirement fora commercial entrance, and comply with agency continents at all times. 2. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. 3. A site plan shall be submitted and approved by the County. (this site plan will illustrate access to the facility, and the location and treatment ofparking areas. All improvements illustrated on the site plan are to be completed prior to hosting any events) 4. No events shall occur at the property until these conditions have been adequately satisfied. If you have any questions regarding this action, please feel free to call this office. 7Sin ely, Eric R. LaZ ce Zoning Administrator ERL/bah cc: Commissioner of Revenue Jim Longerbeam, Chairman, Frederick County Board of Supervisors Charles Omdoff, Stonewall District Supervisor John R. Riley, Jr., County Administrator Jerry Copp, Virginia Department of Transportation Carl Evans, Environmental Health District O:\AGENDAS\APPRVLTR\GOODMAN. CUP 107 North Kent Street • Winchester, Virginia 22601-5000 • To: Fax #: From: Subject: FAX TRANSMISSION FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT 107 N. KENT STREET WINCHESTER, VIRGINIA 22601 540.665.5651 FAx: 540.678.0682 Jerry Copp/Steve Melnikoff Date: 560.984.5607 Pages: Eric R. Lawrence Goodman CUP Entrance COMMENTS: Hello. April 7, 1998 4, including this cover sheet. We have just received a copy of the possible agreement between Mr. Goodman and the APCWS concerning Mr. Goodman's entrance onto Redbud Road. Please review the sketch and provide any comments. Mr. Goodman will be before the Frederick County Board of Supervisors tomorrow night (Wednesday, April 8, 1998) and I am interested in your thoughts on the entrance location. Your thoughts will be forwarded to the Board. Any questions? Please give me a call. Thanks. Eric Enclosed is my certification letter. The original will be mailed to you. 0 • ,�1�� F UR T I I F I'//FS�nG • 0 Wi1R SITEJ. April 2, 1998 I I,Il;I'r�attt+ n, Mr. T. P. Goodman Ms. Susan Goodman 685 North Loudoun Street Winchester, VA 22601 RE: Proposed Entrance, .tl•t ittll+•I+itl tlt'l Hackwood Estate 'IhtnnasWRic ltarJs Frederick County, Virginia fT! ^C� Chairman H.rttk A. Bracken ^I•,n F. I It,ew ler Dear Mr. & Ms. Goodman: 3i,rChailIn t I'rt•Jerick J. 7avaglia Pursuant to our conversation of March 13, I am pleased to inform you that the Board of Trustees of the Association for the Preservation of Civil War Sites, Stt -mt Sattnt.lvickh•itt Inc. has authorized its officers to negotiate and, if acceptable terms are firtrnrr•r reached, enter into the granting of a permanent easement on our land adjoining f,, ttni� F. rrt•t, the old Hackwood Estate property for the purpose of construction of an access rw-;,b W entrance and road. N,.Onlr.t fi„•:hc. Ni.m, Mimsell Mime tani,•I'11 Iialft,ur I'utl W Pivanl, Ir. I.,wart1 1..Ct11fin i:.,l,• rt I h•nni. I •lut I). 1lavm-; Mramk i, lrhen I),I is SIrl•hrns N'otman 13. Ton linsnn ^,nah Andre Tru,1t•au hadra 1 \'alier '' .rl� nntl:l,!risnrt/ Rnard I dwhi C. Bvarss •n. I )Av 13ttmpers kalic Cnuric ( :,it %, 1V. Gallagher Rig 1wid (;ifdt•r •\ Mison Grcrnc % h,nn I ) 11"I"Otnit "n Little-I\I luffnrd- Lnn,•a 11 \lt'I'hrraat 1 hunt•tc \: \Ltlln�. Ir. 1,,,It. Powell I ,mra I. R,+ht•rt�on, Jr. 11,.IIt \ Knhin"+n I I It �lu.ni I\ I t nt hoi•uti b ,l linn,•r It is our understanding that the eventual easement will provide for construction of an entrance/road substantially in accordance with the attached diagram. In addition, the agreement will provide for the protection of the historic resource that is the site of the Third Battle of Winchester (Opequon). When terms are agreed to, the easement will be conveyed to you at no cost. In return, APCWS will incur no cost, nor participate in, the construction or maintenance of the resultant entrance/road. The property in question is subject to a Deed of Trust arising from oul- Industrial Development Revenue Bond issue which refinanced the purchase of this site and two others in Culpeper County. As such, any easement must be approved by the trustees of the Deed of Trust. While this will not be a problem, It can not be done instantaneously; there Is a process that must be followed. • • z c 1 9 Cboz cya I l ,19 1 p-D ./`�`�FpR TI IF PkFSFq` Y C; APCWS `'�'� wnr3 sITEs,01 11 I'ttblir Sduarc� Stole 200 rvlarylimd '2,,1740 (301) 66 7-1,100 (301) 665-141617AX j•Ve•I,�;iir�: hl i i �;'��5.��;rw.n�u't•vs.rtrnt r-r►tail: Thomas W. Richards Chairman Frank A. Bracken Alan li. I loeweler Vice chairmen 1'rederick J. Zavaglia '�e, i'ernry 5uv:an Saum•Wicklein 7irasm'er' 1 1tennis F. Frve I',rsidrnr Roo, I r rl '1 i r,' l r,'a N1niv 1%11111selI Abnn• 1 l'I: Balfour Paid W Brvant, Jr. I toward I. Coffin Robert Dennis C. I lobgon Goddin 1„ Iin 1). 1lavnes R„bcrt i. Mrazek I :rctchen Davis Stephens Norman B. Tomlinson Noah Andre Trudeau Charles R. Valier R. Michael Yost N4 Amal Advisory Board Fdwin C. Bears Daniel J. Beattie Sen. Dale Bumpers Katie Couric Gary W. Gallagher Richard Gilder A. Wilson Greene William D. HoNchuh lien. James M. Jeffords Robert K. Krick lame, M. McPherson 'Thomas V. Malloy, Jr. Jody Powell James 1. Robertson, Jr. 1 lolly A. Robinson Stuart IV Don Troiani 'li'd iiirner • April 2, 1998 Mr. T. P. Goodman Ms. Susan Goodman 685 North Loudoun Street Winchester, VA 22601 RE: Proposed Entrance Hackwood Estate Frederick County, Virginia Dear Mr. & Ms. Goodman: • Pursuant to our conversation of March 13, 1 am pleased to inform you that the Board of Trustees of the Association for the Preservation of Civil War Sites, Inc. has authorized its officers to negotiate and, if acceptable terms are reached, enter into the granting of a permanent easement on our land adjoining the old Hackwood Estate property for the purpose of construction of an access entrance and road. it is our understanding that the eventual easement will provide for construction of an entrance/road substantially in accordance with the attached diagram. In addition, the agreement will provide for the protection of the historic resource that Is the site of the Third Battle of Winchester (Opequon). When terms are agreed to, the easement will be conveyed to you at no cost. in return, APCWS will incur no cost, nor participate in, t1.,e construction or maintenance of the resultant entrance/road. The property in question is subject to a Deed of Trust arising from our Industrial Development Revenue Bond issue which refinanced the purchase of this site and two others in Culpeper County. As such, any easement must be approved by the trustees of the Deed of Trust. While this will not be a problem, it can not be done instantaneously; there is a process that must be followed. 'ec 'e 4 p.2 At your earliest convenience, please forward the proposed easement and we will commence the process of gaining the necessary levels of approval. We look forward to working with you on this project. Sincerely, ROBT K. EDMISTON Director of Real Estate Assistant Secretary enclosure a oiri ►h`o'Tu'l- m Q°c'716� �g4 1 • 0 COUNTY of FREDERICK Department of Planning and Development 54,0/ 665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Board of Supervisors FROM: Eric R. Lawrence, Zoning Administrator SUBJECT: T.P. and Susan Goodman Conditional Use Permit; CUP #10-97 DATE: April 2, 1998 As the Board is aware, Mr. and Mrs. Goodman submitted a Conditional Use Permit application on June 9, 1997, to enable them to operate a Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation, etc., at their property at 534 Redbud Road. StafFs recommendation for this CUP was favorable, contingent upon a number of issues that relate to the facility's guests' health and safety. In particular, staff was concerned with the Health Department and Virginia Department of Transportation comments; the prior being adequate health systems on site to accommodate the proposed uses, the latter being a safe vehicular entrance to the site. The application was presented to the Planning Commission on September 3, 1997. The Commission felt the proposed use was appropriate, but the applicant would need to address the review agency comments. The Commission made sure the applicant was aware that VDOT had determined that sight distances were not obtainable for a commercial entrance without major reconstruction of the roadway. At the conclusion of the Commission's discussion, a favorable recommendation was agreed upon, and the application was forwarded to the Board of Supervisors for their review. The Board first heard the application on October 7, 1997. During this hearing, Mr. Goodman voiced his concern with the recommendation of the Virginia Department of Transportation that a commercial entrance be constructed. He further stated that he would not do any of the improvements to his entrance, as the City of Winchester would be improving the entrance for the City's use of the Fay Spring water source. The Board accepted a motion to postpone a decision on this request until details could be worked out with the VDOT and the Health Department, with the understanding that these details be finalized by December 31, 1997. 107 North Kent Street • Winchester, Virginia 22601-5000 Review of Goodman CUP #010-97 Page 2 April 2, 1998 On December 1, 1997, representatives of VDOT, the City, and staff met with Mr. Goodman at the site to discuss the entrance requirement. The City stated that they had no intention of constructing an entrance; VDOT concurred that the City was not required to construct same. As a result of the discussion, the applicant and VDOT agreed that an entrance location and design would be submitted to VDOT by December 31, 1997. As of January 14, 1998, the applicant had not satisfied the entrance requirements of the VDOT. The Board of Supervisors heard this CUP application for a second time at their January 14, 1998, meeting. The Health Department concerns would be addressed through a pump -and -haul permit; the VDOT's comments had not been addressed. The Board elected to postpone a decision on the application for 60 days to allow for Mr. Goodman to resolve the entrance concern with VDOT. Staff contacted the Virginia Department of Transportation on March 3, 1998, to confirm Mr. Goodman's progress toward application conformance. In speaking with Mr. Steve Melnikoff, staff learned that neither Mr. Goodman nor his engineer has contacted VDOT concerning the entrance, since prior to the Board's January 14, 1998 meeting. Update Since March 11, 1998 Board Meeting On March 13, 1998, representatives of the APCWS, VDOT, the applicant, Board of Supervisors, and staff met on site to discuss the proposed entrance easement. During this discussion, Mr. Bob Edmiston, representing APCWS, expressed his confidence that an arrangement could be worked out. Such arrangements would require the APCWS' Board and bank approvals. Staff spoke briefly with Mr. Goodman on April 2, 1998, at which time Mr. Goodman indicated that he continues to work diligently on this project. He stated that he anticipated a letter of agreement would be in -hand by the Board's April 8, 1998 meeting. Tonight, this Conditional Use Permit application is presented to the Board for a fourth review opportunity. Action on behalf of the Board would be appropriate. U:\ERIC\COMMON\OOODMANICUP 6 PC REVIEW: 9/3/97 • BOS REVIEW: 10/7/97; 1/14/98; 3/11/98 CONDITIONAL USE PERMIT #010-97 T. P. and Susan Goodman Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation, Etc. LOCATION: This property is located on 534 Redbud Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-87 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and RP (Residential Performance) District; Land Use: Residential and Agricultural. PROPOSED USE: Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation REVIEW EVALUATIONS: Virginia Dept. of Transportation: Existing private entrance(s) is inadequate for proposed use. Minimum sight distances are not obtainable at the property to allow for the construction of a commercial entrance without major reconstruction of the roadway. Therefore, we cannot support a conditional or special use permit for this property. See attached follow-up letters dated 11-12-1997, 12-2-97, and 1-14-98 from Steven Melnikoff and Robert Childress. Inspections Department: See attached letter dated April 11,1997from John S. Trenary, Building Official. Fire Marshal: Access to all structures must be ensured at all times, for emergency vehicles. Health Department: See attached letters dated March 10,1997, September 3, 1997, and September 23, .1997 from Frank R. Lee, Environmental Health Specialist, Sr. - T.P. and Susan Goodman CUP #010-97 Page 2 March 3, 1998 Oh, of Winchester: Planning fully supports compatible uses which help preserve historic properties, particularly those which are related to the City -County Battlefield Network. Historic Resources Advisory Board: The HRAB unanimously recommended that the CUP be approved. They did not mention imposing any conditions with the permit. Their comments suggested that the proposed uses would be less destructive to the historic fabric of the property than other possible uses. Planning and Zoning: The approval of a conditional use permit is requested by the Goodmans in order to use the property as a social center, have catered functions which may include weddings and wedding receptions, corporate retreats, picnics and recreational activities, and other social gatherings. 11 Uses proposed for the property are not specifically spelled out in the RA (Rural Areas) listing, however; the proposed activities have characteristics which are covered by a combination of a number of those uses listed as conditioned. According to the applicants, all of the functions will be handled by Encore Special Events, a small company with a staff of wedding planners, bakers, chefs, , floral designers, and event managers, as their brochure states. Staff has concerns with the private entrance in that minimum VDOT site distances are not obtainable, which would prevent approval of a commercial entrance. The health issues deal with the evaluation of an existing sewage disposal system, possible expansion of that system, or the installation of a new system. With the potential of large numbers of people in attendance at the functions, it is imperative that adequate facilities be provided. Should large numbers of people attend the functions, adequate parking facilities will be required to be provided, both for automobiles and buses. There is the potential for heavy traffic flow at times to and from the property which causes the need to have a commercial entrance and a adequate road to handle the traffic flow from the entrance to the residence. These issues can be addressed through the site plan. Staff would recommend approval of the conditional use permit providing the following concerns are addressed: * The applicant work with the Virginia Department of Transportation in locating a suitable a commercial entrance much needed for the potential automobile and bus traffic. * Work with staff on preparing a site plan which would show the entrance, available parking area for autos and buses, and other required information. 0 0 T.P. * Obtain Health Department approval for the required sewage system or methods needed to accommodate the numbers of people that would attend the functions on the property. Staff Recommendation for 9/3/97: Staff recommends approval of this request with the following conditions suggested: 1. Applicant obtain approval from all agencies, including VDOT of a commercial entrance, and comply with their comments at all times. 2. Attendance at events be limited to no more than 300 individuals, including staff, and the applicant obtain approval from the Health Department for sewage facilities which will accommodate up to three hundred (300) persons. 3. Should any form of music be provided at the functions, it shall be between the hours of 9:00 a.m. and 9:00 p.m. . 4: Any change of use or proposed expansion of the facilities shall require a.new conditional use permit and amended site plan. PLANNING COMMISSION SUMMARY & ACTION OF 9/3/97: Members of the Commission commended Mr. Goodman for his appreciation of the historic worth of the Hackwood property. One of the primary concerns of the Commission was that buses or vehicles do not park along Redbud Road and they stressed that all parking needs to be on site. They made sure the applicant was aware that VDOT had determined that sight distances were not obtainable for a commercial entrance without major reconstruction of the roadway. Commission members were also concerned that the sewage disposal facilities were adequate to accommodate the numbers of people anticipated. Mr. Goodman stated that he would bring in portable toilets for crowds larger than 100, which is the number of people his 2,000 gallon septic tank would accommodate. Commission members did not include any restriction on music as part of their recommendation for approval because they did not feel it would create a nuisance. The Director of the Virginia Department of Historic Resources at the Winchester location stated that the use of the property for corporate and community gatherings and events was compatible with the historic character of the Hackwood House and would allow community residents and visitors to enjoy and benefit from its historic preservation. A resident of Redbud Road, whose property is adjacent to Mr. Goodman's driveway, spoke in opposition to the proposed use of the property. She said that tour buses park and stay running along Redbud Road, putting out fumes and noise and creating a traffic hazard. She was concerned that T.P. and Susan Goodman CUP #010-97 Page 4 March 3, 1998 large gatherings would be a disturbance and result in increased traffic. The Commission recommended approval of the conditional use permit with the following conditions: Applicant will obtain approval from all agencies, including VDOT's requirement for a commercial entrance, and comply with agency comments at all times. 2. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. 3. A site plan shall be submitted and approved by the County. The vote was as follows: YES (TO APPROVE): Miller, Stone, Ours, Thomas, Romine, Marker, Copenhaver, Light, Morris • ABSTAIN: DeHaven (Mr. Wilson was absent.) • BOARD OF SUPERVISORS SUMMARY & ACTION OF 10/7/97: Staff summarized the Planning Commission action and the recent conversations the applicant has had with VDOT and the Health Department. Staff also pointed out that Mr. Goodman is operating illegally and cannot be issued a business license. The applicant, Mr. Goodman, voiced his concern with the recommendation of the Virginia Department of Transportation that a commercial entrance be constructed. He further stated that he would not do any of the improvements to his entrance. He believed that the City of Winchester would be upgrading the entrance in the future to service the Fay Spring water source, at which time the entrance will be constructed to VDOT standards. The Board accepted a motion to postpone a decision on this request until details could be worked out with the VDOT and the Health Department, with the understanding that these details be finalized by December 31, 1997. ACTIONS SINCE 10/7/97 BOARD OF SUPERVISORS MEETING: On December 1, 1997, members of the Virginia Department of Transportation, City of Winchester, Planning Department, and the Board of Supervisors met at the site to discuss the entrance concerns. The site is currently utilizing an illegal entrance; one that does not comply with VDOT requirements. The representative T.P. and Susan Goodman CUP #010-97 Page 5 March 3, 1998 from the City of Winchester stated that the City had not intended to improve the entrance; VDOT concurred that the City would not be required to improve the entrance for the City's planned use of the Fay Spring water source. During this meeting, the applicant and VDOT agreed that an entrance location and design would be submitted to VDOT by December 31, 1997. As of January 8, 1998, the VDOT had not received an entrance location and design from the applicant. The site continues'to violate VDOT's entrance requirements; VDOT is prepared to formally act on the illegal entrance. The applicant expressed his concern that an accurate cost estimate for the required improvements is difficult to arrive at; staff recommended that Mr. Goodman participate in the County's Technical Review Committee (TRC). The TRC includes agencies that review development proposals within Frederick County; the TRC informs applicants about code requirements. A letter stating possible TRC meeting times and dates was mailed to the applicant shortly after this December 1, 1997, meeting at the site. On January 6, 1998, Mr. Tim Painter of Painter -Lewis, P.L.C. contacted Mr. Steve Melnikoff of VDOT and conveyed that Painter -Lewis, P.L.C. had been retained to locate and design a commercial entrance. Mr. Painter briefly described two alternatives for the proposed entrance; neither alternative has yet to be formally submitted to VDOT for review. As for the Health Department, the applicant has expressed an interest in pursuing a pump and haul permit; the pump and haul permit would be acceptable to the Health Department. The applicant has requested that the existing residence continue to utilize the existing drainfield. This proposal is acceptable to the Health Department, so long as only the residence utilizes the drainfield. As of January 6, 1998, the Health Department has yet to receive a completed Pump and Haul Permit application. BOARD OF SUPERVISORS SUMMARY & ACTION OF 1/14/98: Staff presented the application and summarized actions to date. As of January 14, 1998, the applicant had not satisfied the VDOT. As for the Health Department concerns, a pump -and -haul permit will be utilized to comply with the Health Department requirements. The applicant, Mr. Goodman, came to the podium. He addressed the Health Department comments by stating that the pump -and -haul permit had all approvals but the County Administrator's. Mr. Riley commented that his signature would not be used until the CUP is approved. • 0 T.P. and Susan Goodman CUP #010-97 Page 6 March 3, 1998 As for the entrance requirements, Mr. Goodman stated that he was concerned with the requirements, that such requirements may be excessive for his proposed use. The Board discussed the applicant's failure to satisfy VDOT's requirements within the time frame set by the Board, and by VDOT; the deadline being December 31, 1997. When asked if any events had been scheduled for the next 60 days, Mr. Goodman and his events planner, Ms. Craun, confirmed that no events were scheduled. The Board tabled the application for 60 days. During this 60 days, no catered and/or entertainment activities are to occur at the Hackwood site. Mr. Goodman should have the entrance requirements resolved within this 60-day time frame. ACTIONS SINCE 1/14/98 BOARD OF SUPERVISORS MEETING: 0 Staff contacted the Virginia Department of Transportation to confirm Mr. Goodman's progress toward application conformance. In speaking with Mr. Steve Melnikoff, staff learned that neither Mr. Goodman nor Mr. Painter has contacted VDOT concerning the entrance, since prior to the Board's January 14, 1998 meeting. 0 • 0 \AGENDAS\COMMENTS\GOODMAN.CUP ,'.1 ACIMZ a F \ L CEPY • DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE SSIONER P O. BOX 278 RESIDENT ENGINEER EDINBURG. VA 22824-0278 TELE (540) 984 56M FAX (540) 984-5607 November 12, 1997 Mr. Pat Goodman Ref: Commercial Entrance 685 North Loudoun Street Route 661 - 534 Rcubud Road Winchester, VA 22601 Frederick County Dear Mr. Goodman: To follow-up on our meeting of November 6, 1997, I would like to reintegrate portions of our conversation regarding the referenced commercial entrance. Prior to the issuance of a land use permit, to install a commercial entrance into the Hackwood Site. site distance must be attained. Since the portion of Redbud Road, Route 661, on which the entrance to the Hackwood Site is located is unposted, the speed limit is determined to be 55 mph. Therefore, the required site distance is 550' in both directions, East and West. The site distance to the East is blocked by both vertical and horizontal curves, an embankment, and a fence row covered with mes and brush. The question is, can site distance be obtained by regrading the embankment and clearing the fence row? If a land use permit will be considered, reviewed, and issued. If not, VDOT can not approve any application for a land use permit to construct a commercial entrance at your present location. The question of lowering the speed limit to obtain proper site distances was asked. Speed limits will not be reduced solely so that a commercial entrance may be installed. Posting and entire road to "correct" a sight distance shortage at an entrance located in a small segment is not within the best interest of the traveling public, nor does it insure safety at the entrance. Unless thorough traffic engineering study indicating the reduction is necessary and will be abided, the reduction would likely increase the number of accidents, particularly where sight distance shortages are present. VDOT's primary responsibility is to the traveling public, not the landowner or developer. Should you desire a traffic study to determine if a reduction in the speed limit is in the best interest of the traveling public, you may by addressing your concerns and requests to Mr. Jerry Copp, Resident Engineer, Edinburg Residency, 14031 Old Valley Pike, P. 0. Box 278, Edinburg, VA 22824-0278. However, at the present time only a drastic drop in the speed limit will allow for VDOT approval of a commercial entrance without major grading changes in the topography at your present location. If I can be of further assistance, please feel free to call. SAM/ep c: Mr. R. B. Childress 40 Mr. Andrew Evans Mr. K. Tierney Mr. R. Hawkins Sincere]] Steven A. Melnikoff Highway Permits and Subdivision Specialist, Sr. ViR.G;NIA MOVING COMMONWEALTH of \VIRGI IA. DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY JERRYA. COPP COMMISSIONER 14031 OLD VALLEY PIKE RESIDENT ENGINEER P.O. BOX 278 TELE (540) 984-5600 EDINB URG, VA 22824-0278 Fax (540) 9U-5607 December 2,1997 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. T. P. Goodman Ref: Fay Springs Center 685 North Loudoun Street Route 661 Winchester, VA 22601 Frederick County Dear Mr. Goodman: I am writing in response to our meeting on Monday, December 1, 1997 with Mr. J. A. .Copp of this office; Mr. Jim Longerbeam, Chairman of the Frederick County Board of Supervisors; and others to review entrance needs at your above referenced business: As we have indicated earlier, the existing entrance serving the property does not meet our minimum commercial design standards nor is minimum sight distance requirements met to allow for safe egress and ingress into the property for business activity. Presently, under VA State Code Section 33.1-12(3), use of this entrance for business use is considered illegal. We determined through discussions with Mr. Jesse Moffett of the City of Winchester, the City has no immediate plans to improve access to their water source. Therefore, the following two options were discussed in order to remedy the current situation: 1. Reconstruct the existing private entrance to meet minimum commercial design standards. 2. Construct a new commercial entrance approximately 125' east of the existing private entrance and closing (by gate) the existing private entrance. In either scenario, minimum sight distance requirements will need to be met. It will be your responsibility to ensure through a properly engineered design that sight distance can be met and any easements and/or agreements with adjacent property owners to accomplish same obtained. In addition; a separate joint use agreement would be necessary if you pursue Option #2 since the entrance location would be on the adjacent propery . WE KEEP VIRGINIA MOVING Mr. T. P. Goodman • Ref: Fay Springs Center December 2,1997 Page 2 Based on the types of vehicles which you indicated would be coming to the site, i.e. passenger vehicles only with an occasional service delivery truck, no buses or tractor trailer type trucks, a minimally design commercial entrance should be adequate. The following minimum design requirements should be provided to your design engineer: 30' width,12.5' radii, adequate culvert (if necessary based on ultimate location), 8" Type 21-B base aggregate stone, and 2" Type SM-2A asphalt concrete surface. You further indicated you would be contacting a design engineer in the next few days to determine the feasibility of you continuing your efforts to operate a business at this location. If you find it economically feasible to continue operation and your engineer determines sight distance can be obtained; we expect to have your design plan as well as land use permit application to cover construction in hand by January 1, 1998. The permit application will require a minimum processing fee of $40.00 plus surety bond coverage. Your contractor may apply for the permit on your behalf. In addition, any agreements and/or easements with adjoining property owners will also need to be provided. Once the permit is issued, it was agreed you would have the entrance graded out to its proper width, stabilized with the 21-B aggregate and sight distance provided by no later than March 31,1998. All construction on the right-of-way including paving would be completed by June 30, 1998. The permit term would be for a period of six months (January 1- June 30, 1998) with no provision for extension. The safety of your patrons and the traveling public is our primary concern. We appreciate your willingness to comply with our safety requirements and will work with you to accomplish the aforementioned. However, please understand if the process does not move forward as outlined, we will pursue this matter through the Attorney General's Office. Please give me a call if you have any questions or we can be of further assistance. RBC/rf xc: Mr. J. A. Copp Mr. N. K. Sparks Mr. S. A. Melnikoff Mr. James Longerbeam Mr. John Riley Mr. Kris Tierney Mr. Jesse Moffett Sincerely, go /� 4. &-zz - -, �- Robert B. Childress Transportation Engineer • • • 115 DAVID R. GEHR DEPARTMENT OF TRANSPORTATION �f/lGr � ` "' r r CY COMMISSIONER 14031 OLD VALLEY PIKE CJERR�OPPRftIDENTENGINEER P.O. BOX278 TELE(540)984.5600 EDINBURG. VA 22824-0278 FAX (540)984.5607 January 14, 1998 Mr. Tim Painter Ref: Fay Springs Center C/O Painter -Lewis, PLC Route 661 302 South Braddock Street, Suite 200 Frederick County Winchester, VA 22601 Dear Mr. Painter: Regarding sight distance requirements at the referenced location, may I relate the following: On November 11, 1997 our office reviewed the site to determine among other issues the question of sight distance at the existing entrance. As you know, the section of roadway fronting Your client's property ydoes not h ave a posted speed limited. Therefore, the assumed speed limit is 55 m.p.h., requiring 550' of sight distance. However, due to both vertical and horizontal curves slightly east of the existing entrance, we have determined the safe operating speed at the entrance location in question would be considered 35 m.p.h., lowering the acceptable minimum sight distance requirement to 350'. I would suggest you design the entrance improvements, including the appropriate adjacent grading, to obtain a minimum of 350' of sight distance. Should you have any questions, please call. Sincerely, Steven A. Melniko Hwy. Permits & Subdivision Specialist Senior SAM/rf xc: Mr. R. D. Hawkins Mr. Kris Tierney Mr. John Riley i COUNTY of FREDERICK Inspections Department John S. Trenary, Building Official 703/665-5656 Fax:703/678-06z= CERTIFIED April 11, 1997 Pat and Susan Goodman Fay Spring Center 534 Redbud Road Winchester, VA 22603 RE: Request for a conditional use permit/ Comments from Building Inspections Dept. is Dear Mr. and Mrs. Goodman: In reference to your request for a conditional use permit at the above mentioned site, information provided in your sales and events brochure lists uses (with the exception of the gift shop mentioned in your letter) that are classified as A-3 (Assembly) by the building code. The Virginia Uniform Statewide Building Code requires all A uses to be designed and/or evaluated by a certified Virginia Architect/Engineer. The code also requires a change of use on structures when the use is being changed. When changing uses, the structure shall meet all present codes that are in place. The gift shop would be Use Group M(Vferchantile) and would also have to meet the same requirements. Plans and permits will be required for all work/remodeling being conducted. Much of what will be required is based on your occupant load which would be 460 for the house and barn, not including employees. For example, restrooms for this use would be required to provide water closets one per 75 for male and one per 75 for female, lavatories are one per 200, both sexes; drinking fountains are one per 1,000, and one service sink. Handicap requirements shall comply with ADA specifications, not only for the new work, but also 20 percent of the total cost for renovation to existing structures. Of course, occupant loads exceeding this number would add more fixtures. Your brochure allows for up to 1,000 occupants, but not limited to 1,000. The Building Inspections Department can provide you with an accurate review of all requirements only when plans are submitted and reviewed. The information above is provided to give you an overview of what to expect once you begin this process. The department is •available to conduct a special inspection at your request to assess the situation and determine what work would be necessary to come into code compliance. 107 `or;a Kerlt Strect P.O. Box 601 %A Wtnchlestcr. VA 22h(14 0 Lord Fairfax Environmental Health District 107 N. Kent St. `MP. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and Citt, of if inchester March 10, 1997 Pat & Susan Goodman 534 Redbud Rd. Winchester, VA. 22604 Dear Mr. & Mrs. Goodman, This letter is written in response to a REQUEST FOR CONDITIONAL USE PERMIT COMMENTS received by the Frederick County Environmental Health Department. The property in question, Fay Springs Center, is proposed for use as a social center with uses including catered functions, tours, meetings, outdoor recreation and wedding receptions. In order for the Health Department to approve the Conditional Use Permit the Sewage Disposal System will need to meet current Health Department Regulations as for system design and capacity. The Health Department has searched our records for Sewage Disposal System Permits, and we find no permits for this property. In order for the Health Department to comment on this proposed Conditional Use Permit the following will be necessary to determine if the Sewage Disposal System serving the property would be Safe, Proper and Adequate for the proposed use. 1.) An Existing System Evaluation Application would have to be submitted to the Environmental Health Department to evaluate the present Sewage Disposal System serving the property. Since no records exist in our files for the present system, the following actions will be required for the evaluation. A.) The septic tank and distribution box will need to be located and uncovered for inspection. The septic tank will need to be pumped out prior to the inspection so that the internal components can be checked. B.) The drainfield area will be required to be delineated and the end of one line uncovered so that the construction and location can be verified. C.) At the time of inspection backhoe pits will be required around the existing drainfield area to deterime if the soils meet Health Department Regulations. 2.) After the Existing System Evaluation is conducted, if the system meets the requirements for the proposed use, the Health Department will forward our comments to the applicant. If the system is found to be inadequate for the proposed use or not meeting Health Department Regulations then the applilicant can apply for a Sewage Disposal Permit Lord Fairfax A, kvironmental Health Oistric nEC- P Y' 107 N. Kent St. =k, P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and Cin, of JVinchesier September 3, 1997 Andrew Evans Frederick County Planning Department Dear Mr. Evans, This letter is written in response to a REQUEST FOR CONDITIONAL USE PERMIT COMMENTS, submitted to the Health Department for Fay Springs Center owned by T.P. and Susan Goodman. When the original request was submitted a file search was conducted for records of the existing sewage disposal system for the Hackwood property. None were found. The owners were then requested to file an application for an EVALUATION OF EXISTING SEWAGE DISPOSAL SYSTEM with our office to see if the existing system would meet the needs of the requested new use. This evaluation was conducted by our office in June 1997. The results showed that the existing system needed repairs therefore an additional REPAIR APPLICATION was submitted and the needed repairs were completed and inspected by our office in June of 1997. The original evaluation of the existing system showed that the drainfield serving the property consiste-d of enough drainfield for a three bedroom residence, with service of 450 gallons per day. In speaking with the representative for the property a request was made for functions of up to 100 people. Using the figures of the SEWAGE REQULATIONS OF VIRGINIA a per person use for a function as proposed would require 5 gallons use per person with the understanding that there would be no on site preparation of food. Therefore the present system will accommodate up to 90 persons maximum per event. In addition the Health Department would require that all toilets in use for the property be changed to low flush (1.6 gal. or less per flush). At the present time the property is not used as a residence, if this were to change then the maximum number for each event would have to be modified. The owners have the right to apply for an expansion to the existing sewage disposal system if they Lord Fairfax Ivironmental Health fistrict 107 N. Kent St. -�� P. O. Box 2056 Wincbester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of- Clarke, Frederick, Page, Shenandoah, 11 arrcn, and Cii.r of Winchester September 23, 1997 Andrew Evans Frederick County Planning Dept. Dear Mr. Evans,`'' This letter is written in response to your call to this office on September 15, 1997 asking for clarification of the Health Department Regulations as they pertain to the proposed Special Use Permit requested by the Goodman's for use of Hackwood for social functions. As I stated in my letter to you on September 3, 1997, the sewage disposal system that exist on the property is sized for a 3 bedroom residence and is designed to handle a maximum of 450 gallons a day. Using the Health Department Regulations for the proposed use of the facility a figure of 5 gallons per person was determined. Therefore that would mean that the system in use for the property would handle up to 90 persons per function. Mr. Goodman stated that he has a 2000 gallon system. He was referring to the size of his septic tank and not the drainfield area. It is the actual size of the drainfield, which determines the amount of capacity that a system has for disposing of wastewater. Therefore the Health Department can not approve the present system for use for more than the system is designed to handle. You asked for the Regulations that pertain to the use of portable toilets for use instead of permanent facilities. In the Sewage Handling and Disposal Regulations it states in Article 1. Section 1.8 C that, "All buildings, residences, and structures designed for human occupancy, employment or habitation and other places where humans congregate shall be served by an approved sewerage system and / or treatment works. An approved sewerage system or treatment works is a system for which a certificate to operate has been issued jointly by the department and State Water Control Board or a system which has been issued a separate permit by the commissioner." This would include the Hackwood property for the proposed use for . social functions. ,i Goodman CUP Correspondence History August 21, 1996 (Received by the Planning Department June 9, 1997) Letter from the Goodmans stating their intention to operate Spay Today from the Hackwood site. Would plan to use the site for weddings and retreat via Encore Special Events. March 10, 1997 In a letter from the Health Department, the Goodmans were informed of the health department requirements. This letter was the result of a CUP comment request. April 11, 1997 In a letter from John Trenary, the Goodmans were informed of the building code requirements. This letter was the result of the Goodman's interest in gaining CUP comments. June 9, 1997 Note from Mr. Goodman states that the septic field is being improved, and two new distribution boxes are to be installed. June 9, 1997 Application is submitted to the Planning Department for a Conditional Use Permit (CUP) to operate a Social Center, Catered Functions, Tours, Meetings, and Outdoor Recreation September 3, 1997 CUP application is heard by the Planning Commission. Commission members were concerned with the facility entrance and the health issues. One resident spoke against the application. The Commission recommended approval contingent of the applicant gaining approval from the review agencies, including VDOT's entrance requirements. page 2 October 7, 1997 CUP application is heard by the Board of Supervisors. Staff pointed out that the Goodman's are presently operating illegally; therefore, a business license may not be issued by the County. Mr. Goodman questioned the entrance requirement. Mr. Goodman stated that the City would be constructing an entrance; he intended to utilize this City constructed entrance. The Board moved to approve the CUP for use until December 31, 1997. The Board would review the application at the first meeting in 1998 to determine compliance, and to determine whether the CUP should be renewed or revoked. November 12, 1997 VDOT sends letter to Mr. Goodman outlining entrance requirements. December 1, 1997 Representatives of VDOT, Jim Longerbeam, John Riley, Jesse Moffit, Andrew Evans, Evan Wyatt met with Mr. Goodman at the site to discuss a number of issues. In particular, the entrance was discussed. Two alternatives for entrance location were identified: existing and a new location east of the existing. December 2, 1997 VDOT (Bob Childress) sent a letter to Mr. Goodman summarizing the discussions of December 1, 1997. VDOT stated that the existing entrance would be illegal to use for a business entrance. Two (2) options are outlined. First, utilize the existing entrance, but upgrade to VDOT commercial entrance standards. Second, establish a new entrance to the east, utilizing an easement on the adjacent property (APCWS). As no buses would be using the entrance, as stated by the Goodmans, minimum entrance standards would be required. Compliance deadlines: l/1/98 Entrance design plans, land use permit application, fees, and easement agreement should be submitted to VDOT. 6/30/98 Construction of an entrance should be completed In these deadlines are not satisfied, VDOT will contact the Attorney General's office. • page 3 December 3, 1997 Letter from Evan Wyatt that references the December 1, 1997 meeting at the site. This letter further mentions that Mr. Goodman utilize the County's Technical Review Committee (TRC) to gain a better understanding of the review agency comments, i.e., what requirements to expect. Details as to when, where, and how to sign-up for the TRC was provided. December 3, 1997 Carrol Construction notifies the Goodmans, via letter, that Carroll Construction will generate a cost estimate for the entrance construction costs. This estimate will be forwarded to the Goodmans. December 22, 1997 Painter -Lewis sends Mr. Goodman a letter outlining entrance alternatives. Emphasizes that the entrance must comply with VDOT requirements.. Recommends that an entrance easement be achieved between the APCWS and the Goodmans. January 1, 1998 Mr. Goodman sends a letter to the VDOT indicating his attempt to satisfy VDOT's requirements. States that Carroll Construction has been retained to construct an entrance; Painter -Lewis has been retained to evaluate entrance designs and costs. Mr. Goodman mentions the need to obtain an easement from the adjacent property owner, APCWS. APCWS will not discuss the easement/entrance until they have completed their property refinancing. January 6, 1998 Staff contacted the VDOT and Health Department to confirm Mr. Goodman's progress toward application conformance. VDOT has not received the necessary application materials, as outlined in a letter dated December 2, 1997. Actions were underway to notify the Attorney General of the illegal entrance. (Steve Melnikoff, Jerry Copp) Health Department has provided the Goodmans with a pump -and -haul permit application; has yet to be submitted to the health department. The existing residence would be permitted to continue utilizing the existing drainfield, for residential uses only. (Karl Evans) page 4 January 12, 1998 Mr. Goodman sends a letter to Mr. Childres, VDOT, reviewing their site meeting in December 1997. Two options are discussed, in reference to the entrance location. The most appropriate location would be adjacent to the APCWS' property. Mr. Goodman further writes that the APCWS will not discuss any alterations to the APCWS site until after APCWS financial activities are completed; estimate late January 1998, as the earliest opportunity to discuss Hackwood and APCWS activities. Letter states that VDOT will be kept informed as to the Goodman's progress with APCWS. January 14, 1998 In a letter from VDOT to Mr. Painter, Painter -Lewis, P.L.C., VDOT informs that Mr. Painter that the entrance improvements may be designed for 35 mph, allowing for a minimum of 3 50-feet of sight distance. January 14, 1998 The Goodmans submit an information package to the County; staff receives package just prior to Board of Supervisors meeting. The packet includes correspondence previously included in staff records (correspondence with the Goodmans, VDOT, Painter -Lewis, Inspections Department) and six letters of support for the Goodman's project. Other than the letters of support, the information packet was not `new' information. March 3, 1998 Staff contacted the VDOT to confirm Mr. Goodman's progress toward application conformance. In speaking with Mr. Steve Melnikoff, staff learned that neither Mr. Goodman nor Mr. Painter has contacted VDOT concerning the entrance, since the beginning of January 1998. March 4, 1998 Staff called Mr. Goodman; left message requesting return call. March 6, 1998 Mr. Goodman returned call to the Planning Department. Mr. Goodman informed staff that he has not been able to obtain a commitment from the APCWS to begin discussions concerning the entrance easements. After conferring with staff, Mr. Goodman requested that the CUP, scheduled for the March 11, 1998, Board meeting, be tabled for 60 days to allow time to negotiate with the APCWS over entrance easements. During this 60 day period, no social events would occur. CJ LI page 5 March 9, 1998 Mr. Goodman contacted staff. States that his architect, Mr. Ellis, has drawn a conceptual entrance. Design to be presented to APCWS as soon as meeting =may be scheduled. Mr. Goodman states that events have been scheduled Saturdays beginning May 5 thru June 28. Requests the option of utilizing people to direct traffic. March 10, 1998 VDOT (Steve Melnikoff) meets with Ms. Goodman to discuss the use of people to direct traffic. W. Melnikoff states that the use of people is not a permanent solution, therefore, not acceptable to VDOT. U:\ERIC\COMMON\GOODNIAN. CUP COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 . MEMORANDUM TO: Board of Supervisors FROM: Eric R. Lawrence, Zoning Administrator SUBJECT: T.P. and Susan Goodman Conditional Use Permit; CUP #10-97 DATE: March 5, 1998 As the Board may be aware, Mr. and Mrs. Goodman submitted a Conditional Use Permit application on June 9, 1998, to enable them to operate a Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation, etc., at their property at 534 Redbud Road. Staff s recommendation for this CUP was favorable, contingent upon a number of issues that relate to the facility's guests' health and safety. M particular, staff was concerned with the Health Department and Virginia Department of Transportation comments; the prior being adequate health systems on site to accommodate the proposed uses, the latter being a safe vehicular entrance to the site. The application was presented to the Planning Commission on September 3, 1997. The Commission felt the proposed use was appropriate, but the applicant would need to address the review agency comments. The Commission made sure the applicant was aware that VDOT had determined that sight distances were not obtainable for a commercial entrance without major reconstruction of the roadway. At the conclusion of the Commission's discussion, a favorable recommendation was agreed upon, and the application was forwarded to the Board of Supervisors for their review. The Board first heard the application on October 7, 1997. During this hearing, Mr. Goodman voiced his concern with the recommendation of the Virginia Department of Transportation that a commercial entrance be constructed. He further stated that he would not do any of the improvements to his entrance, as the City of Winchester would be improving the entrance for the City's use of the Fay Spring water source. The Board accepted a motion to postpone a decision on this request until details could be worked out with the VDOT and the Health Department, with the understanding that these details be finalized by December 31, 1997. 107 North Kent Street • Winchester, Virginia 22601-5000 Review of Goodman CUP #010-97 Page 2 March 5, 1998 On December 1, 1997, representatives of VDOT, the City, and staff met with Mr. Goodman at the site to discuss the entrance requirement. The City stated that they had no intention of constructing an entrance; VDOT concurred that the City was not required to construct same. As a result of the discussion, the applicant and VDOT agreed that an entrance location and design would be submitted to VDOT by December 31, 1997. As of January 14, 1998, the applicant had not satisfied the entrance requirements of the VDOT. The Board of Supervisors heard this CUP applicationfor a second time at their January 14, 1998, meeting. The Health Department concerns would be addressed through a pump -and -haul permit; the VDOT's comments had not been addressed. The Board elected to postpone a decision on the application for 60 days to allow for Mr. Goodman to resolve. the entrance concern with VDOT. Staff contacted the Virginia Department of Transportation on March 3, 1998, to confirm Mr. Goodman's progress toward application conformance. In speaking with Mr. Steve Melnikoff, staff learned that neither Mr. Goodman nor his engineer has contacted VDOT concerning the entrance, since prior to the Board's January 14, 1998 meeting. Tonight, this Conditional Use Permit application is presented to the Board for a third review opportunity. Action on behalf of the Board would be appropriate. U AERIMOMMONMOODMAN 1. CUP 0 0 PC REVIEW: 9/3/97 BOS REVIEW: 10/7/97; 1/14/98; 3/11/98 CONDITIONAL USE PERMIT #010-97 T. P. and Susan Goodman Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation, Etc. LOCATION: This property is located on 534 Redbud Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-87 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and RP (Residential Performance) District; Land Use: Residential and Agricultural. PROPOSED USE: Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation REVIEW EVALUATIONS: Virginia Dept. of Transportation: Existing private entrance(s) is inadequate for proposed use. Minimum sight distances are not obtainable at the property to allow for the construction of a commercial entrance without major reconstruction of the roadway. Therefore, we cannot support a conditional or special use permit for this property. See attached follow-up letters dated 11-12-1997, 12-2-97, and 1-14-98 from Steven Melnikoff and Robert Childress. Inspections Department: See attached letter dated April 11, 199 7from John S. Trenary, Building Official. Fire Marshal: Access to all structures must be ensured at all times, for emergency vehicles. Health Department: See attached letters dated March 10,1997, September 3,1997, and September 23, 1997from Frank R. Lee, Environmental Health Specialist, Sr. u T.P. and Susan Goodman CUP #010-97 Page 2 March 3, 1998 City of Winchester: Planning fully supports compatible uses which help preserve historic properties, particularly those which are related to the City -County Battlefield Network. Historic Resources Advisory Board: The HRAB unanimously recommended that the CUP be approved. They did not mention imposing any conditions with the permit. Their comments suggested that the proposed uses would be less destructive to the historic fabric of the property than other possible uses. Planning and Zoning: The approval of a conditional use permit is requested by the Goodmans in order to use the property as a social center, have catered functions which may include weddings and wedding receptions, corporate retreats, picnics and recreational activities, and other social gatherings. Uses proposed for the property are not specifically spelled out in the RA (Rural Areas) listing, however; the proposed activities have characteristics which are covered by a combination of a number of those uses listed as conditioned. According to the applicants, all of the functions will be handled by Encore Special Events, a small company with a staff of wedding planners, bakers, chefs, floral designers, and event managers, as their brochure states. Staff has concerns with the private entrance in that minimum VDOT site distances are not obtainable, which would prevent approval of a commercial entrance. The health issues deal with the evaluation of an existing sewage disposal system, possible expansion of that system, or the installation of a new system. With the potential of large numbers of people in attendance at the functions, it is imperative that adequate facilities be provided. Should large numbers of people attend the functions, adequate parking facilities will be required to be provided, both for automobiles and buses. There is the potential for heavy traffic flow at times to and from the property which causes the need to have a commercial entrance and a adequate road to handle the traffic flow from the entrance to the residence. These issues can be addressed through the site plan. Staff would recommend approval of the conditional use permit providing the following concerns are addressed: * The applicant work with the Virginia Department of Transportation in locating a suitable a commercial entrance much needed for the potential automobile and bus traffic. * Work with staff on preparing a site plan which would show the entrance, available parking area for autos and buses, and other required information. 0 0 T.P. and Susan Goodman CUP #010-97 Page 3 March 3, 1998 * Obtain Health Department approval for the required sewage system or methods needed to accommodate the numbers of people that would attend the functions on the property. Staff Recommendation for 9/3/97: Staff recommends approval of this request with the following conditions suggested: 1. Applicant obtain approval from all agencies, including VDOT of a commercial entrance, and comply with their comments at all times. 2. Attendance at events be limited to no more than 300 individuals, including staff, and the applicant obtain approval from the Health Department for sewage facilities which will accommodate up to three hundred (300) persons. 3. Should any form of music be provided at the functions, it shall be between the hours of 9:00 a.m. and 9:00 p.m. 4. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. PLANNING CONBUSSION SUMMARY & ACTION OF 9/3/97: Members of the Commission commended Mr. Goodman for his appreciation of the historic worth of the Hackwood property. One of the primary concerns of the Commission was that buses or vehicles do not park along Redbud Road and they stressed that all parking needs to be on site. They made sure the applicant was aware that VDOT had determined that sight distances were not obtainable for a commercial entrance without major reconstruction of the roadway. Commission members were also concerned that the sewage disposal facilities were adequate to accommodate the numbers of people anticipated. Mr. Goodman stated that he would bring in portable toilets for crowds larger than 100, which is the number of people his 2,000 gallon septic tank would accommodate. Commission members did not include any restriction on music as part of their recommendation for approval because they did not feel it would create a nuisance. The Director of the Virginia Department of Historic Resources at the Winchester location stated that the use of the property for corporate and community gatherings and events was compatible with the historic character of the Hackwood House and would allow community residents and visitors to enjoy and benefit from its historic preservation. A resident of Redbud Road, whose property is adjacent to Mr. Goodman's driveway, spoke in opposition to the proposed use of the property. She said that tour buses park and stay running along Redbud Road, putting out fumes and noise and creating a traffic hazard. She was concerned that 9 0 T.P. and Susan Goodman CUP #010-97 Page 4 March 3, 1998 large gatherings would be a disturbance and result in increased traffic. The Commission recommended approval of the conditional use permit with the following conditions: Applicant will obtain approval from all agencies, including VDOT's requirement for a commercial entrance, and comply with agency comments at all times. 2. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. A site plan shall be submitted and approved by the County. The vote was as follows: YES (TO APPROVE): Miller, Stone, Ours, Thomas, Romine, Marker, Copenhaver, Light, Morris ABSTAIN: DeHaven (Mr. Wilson was absent.) BOARD OF SUPERVISORS SUMMARY & ACTION OF 10/7/97: Staff summarized the Planning Commission action and the recent conversations the applicant has had with VDOT and the Health Department. Staff also pointed out that Mr. Goodman is operating illegally and cannot be issued a business license. The applicant, Mr. Goodman, voiced his concern with the recommendation of the Virginia Department of Transportation that a commercial entrance be constructed. He further stated that he would not do any of the improvements to his entrance. He believed that the City of Winchester would be upgrading the entrance in the future to service the Fay Spring water source, at which time the entrance will be constructed to VDOT standards.' The Board accepted a motion to postpone a decision on this request until details could be worked out with the VDOT and the Health Department, with the understanding that these details be finalized by December 31, 1997. ACTIONS SINCE 10/7/97 BOARD OF SUPERVISORS MEETING: On December 1, 1997, members of the Virginia Department of Transportation, City of Winchester, Planning Department, and the Board of Supervisors met at the site to discuss the entrance concerns. The site is currently utilizing an illegal entrance; one that does not comply with VDOT requirements. The representative T.P. and Susan Goodman CUP #010-97 Page 5 March 3, 1998 from the City of Winchester stated that the City had not intended to improve the entrance; VDOT concurred that the City would not be required to improve the entrance for the City's planned use of the Fay Spring water source. During this meeting, the applicant and VDOT agreed that an entrance location and design would be submitted to VDOT by December 31, 1997. As of January 8, 1998, the VDOT had not received an entrance location and design from the applicant. The site continues to violate VDOT's entrance requirements; VDOT is prepared to formally act on the illegal entrance. The applicant expressed his concern that an accurate cost estimate for the required improvements is difficult to arrive at; staff recommended that Mr. Goodman participate in the County's Technical Review Committee (TRC). The TRC includes agencies that review development proposals within Frederick County; the TRC informs applicants about code requirements. A letter stating possible TRC meeting times and dates was mailed to the applicant shortly after this December 1, 1997, meeting at the site. On January 6, 1998, Mr. Tim Painter of Painter -Lewis, P.L.C. contacted Mr. Steve Melnikoff of VDOT and conveyed that Painter -Lewis, P.L.C. had been retained to locate and design a commercial entrance. Mr. Painter briefly described two alternatives for the proposed entrance; neither alternative has yet to be formally submitted to VDOT for review. As for the Health Department, the applicant has expressed an interest in pursuing a pump and haul permit; the pump and haul permit would be acceptable to the Health Department. The applicant has requested that the existing residence continue to utilize the existing drainfield. This proposal is acceptable to the Health Department, so long as only the residence utilizes the drainfield. As of January 6, 1998, the Health Department has yet to receive a completed Pump and Haul Permit application. BOARD OF SUPERVISORS SUMMARY & ACTION OF 1/14/98: Staff presented the application and summarized actions to date. As of January 14, 1998, the applicant had not satisfied the VDOT. As for the Health Department concerns, a pump -and -haul permit will be utilized to comply with the Health Department requirements. The applicant, Mr. Goodman, came to the podium. He addressed the Health Department comments by stating that the pump -and -haul permit had all approvals but the County Administrator's. Mr. Riley commented that his signature would not be used until the CUP is approved. T.P. and Susan Goodman CUP #010-97 Page 6 March 3, 1998 As for the entrance requirements, Mr. Goodman stated that he was concerned with the requirements, that such requirements may be excessive for his proposed use. The Board discussed the applicant's failure to satisfy VDOT's requirements within the time frame set by the Board, and by VDOT; the deadline being December 31, 1997. When asked if any events had been scheduled for the next 60 days, Mr. Goodman and his events planner, Ms. Craun, confirmed that no events were scheduled. The Board tabled the application for 60 days. During this 60 days, no catered and/or entertainment activities are to occur at the Hackwood site. Mr. Goodman should have the entrance requirements resolved within this 60-day time frame. ACTIONS SINCE 1/14/98 BOARD OF SUPERVISORS MEETING: Staff' contacted the Virginia Department of Transportation to confirm Mr. Goodman's progress toward application conformance. In speaking with Mr. Steve Melnikoff, staff learned that neither Mr. Goodman nor Mr. Painter has contacted VDOT concerning the entrance, since prior to the Board's January 14, 1998 meeting. O:\AGENDAS\COMMENTS\GOODMAN.CUP COMMONWEALTH of VIRQ1NIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 November 12, 1997 Mr. Pat Goodman 685 North Loudoun Street Winchester, VA 22601 Dear Mr. Goodman: FILE COPY JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref.: Commercial Entrance Route 661 - 534 Rcdbud Road Frederick County To follow-up on our meeting of November 6, 1997, I would like to reintegrate portions of our conversation regarding the referenced commercial entrance. Prior to the issuance of a land use permit, to install a commercial entrance into the Hackwood Site, site distance must be attained. Since the portion of Redbud Road, Route 661, on which the entrance to the Hackwood Site is located is unposted, the speed limit is determined to be 55 mph. Therefore, the required site distance is 550' in both directions, East and West. The site distance to the East is blocked by both vertical and horizontal curves, an embankment, and a fence row covered with vines and brush. The question is, can site distance be obtained by regrading the embankment and clearing the fence row? If so, a land use permit will be considered, reviewed, and issued. If not, VDOT can not approve any application for a land use permit to construct a commercial entrance at your present location. The question of lowering the speed limit to obtain proper site distances was asked. Speed limits will not be reduced solely so that a commercial entrance may be installed. Posting and entire road to "correct" a sight distance shortage at an entrance located in a small segment is not within the best interest of the traveling public, nor does it insure safety at the entrance. Unless thorough traffic engineering study indicating the reduction is necessary and will be abided, the reduction would likely increase the number of accidents, particularly where sight distance shortages are present. VDOT's primary responsibility is to the traveling public, not the landowner or developer. Should you desire a traffic study to determine if a reduction in the speed limit is in the best interest of the traveling public, you may by addressing your concerns and requests to Mr. Jerry Copp, Resident Engineer, Edinburg Residency, 14031 Old Valley Pike, P. O. Box 278, Edinburg, VA 22824-0278. However, at the present time only a drastic drop in the speed limit will allow for VDOT approval of a commercial entrance without major grading changes in the topography at your present location. If I can be of further assistance, please feel free to call. SAM/ep pc: Mr. R. B. Childress Mr. Andrew Evans Mr. K. Tierney Mr. R. Hawkins Sincere) , Steven A. Melnikoff Highway Permits and Subdivision Specialist, Sr. WE KEEP VIRGINIA MOVING COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 December 2,1997 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. T. P. Goodman 685 North Loudoun Street Winchester, VA 22601 Dear Mr. Goodman: JERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX(540)984.5607 Ref: Fay Springs Center Route 661 Frederick County I am writing in response to our meeting on Monday, December 1, 1997 with Mr. J. A. Copp of this office; Mr. Jim Longerbeam, Chairman of the Frederick County Board of Supervisors; and others to review entrance needs at your above referenced business: As we have indicated earlier, the existing entrance serving the property does not meet our minimum commercial design standards nor is minimum sight distance requirements met to allow for safe egress and ingress into the property for business activity. Presently, under VA State Code Section 33.1-12(3), use of this entrance for business use is considered illegal. We determined through discussions with Mr. Jesse Moffett of the City of Winchester, the City has no immediate plans to improve access to their water source. Therefore, the following two options were discussed in order to remedy the current situation: 1. Reconstruct the existing private entrance to meet minimum commercial design standards. 2. Construct a new commercial entrance approximately 125' east of the existing private entrance and closing (by gate) the existing private entrance. In either scenario, minimum sight distance requirements will need to be met. It will be your responsibility to ensure through a properly engineered design that sight distance can be met and any easements and/or agreements with adjacent property owners to accomplish same obtained. In addition, a separate joint use agreement would be necessary if you pursue Option #2 since the entrance location would be on the adjacent property. WE KEEP VIRGINIA MOVING Mr. T. P. Goodman Ref: Fay Springs Centel December 2,1997 Page 2 Based on the types of vehicles which you indicated would be coming to the site, i.e. passenger vehicles only with an occasional service delivery truck, no buses or tractor trailer type trucks, a minimally design commercial entrance should be adequate. The following minimum design requirements should be provided to your design engineer: 30' width,12.5' radii, adequate culvert (if necessary based on ultimate location), 8" Type 21-B base aggregate stone, and 2" Type SM-2A asphalt concrete surface. You further indicated you would be contacting a design engineer in the next few days to determine the feasibility of you continuing your efforts to operate a business at this location. If you find it economically feasible to continue operation and your engineer determines sight distance can be obtained, we expect to have your design plan as well as land use permit application to cover construction in hand by January 1, 1998. The permit application will require a minimum processing fee of $40.00 plus surety bond coverage. Your contractor may apply for the permit on your behalf. In addition, any agreements and/or easements with adjoining property owners will also need to be provided. Once the permit is issued, it was agreed you would have the entrance graded out to its proper width, stabilized with the 21-B aggregate and sight distance provided by no later than March 31,1998. All construction on the right-of-way including paving would be completed by June 30, 1998. The permit term would be for a period of six months (January 1- June 30, 1998) with no provision for extension. The safety of your patrons and the traveling public is our primary concern. We appreciate your willingness to comply with our safety requirements and will work with you to accomplish the aforementioned. However, please understand if the process does not move forward as outlined, we will pursue this matter through the Attorney General's Office. Please give me a call if you have any questions or we can be of further assistance. Sincerely, Robert B. Childress Transportation Engineer RBC/ rf xc: Mr. J. A. Copp Mr. N. K. Sparks Mr. S. A. Melnikoff Mr. James Longerbeam Mr. John Riley Mr. Kris Tierney Mr. Jesse Moffett C�a'n CUP 9_ .,V Eli, COMMONWEALTH ®f V1RQ1N1 DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 January 14, 1998 Mr. Tim Painter C/O Painter -Lewis, PLC 302 South Braddock Street, Suite 200 Winchester, VA 22601 Dear Mr. Painter: ttlTMNT ENGINEER TELE(540)984-5600 FAX (540) 984-5607 Ref: Fay Springs Center Route 661 Frederick County Regarding sight distance requirements at the referenced location, may I relate the following: On November 11, 1997 our office reviewed the site to determine among other issues the question of sight distance at the existing entrance. As you know, the section of roadway fronting your client's property does not have a posted speed limited. Therefore, the assumed speed limit is 55 m.p.h., requiring 550' of sight distance. However, due to both vertical and horizontal curves slightly east of the existing entrance, we have determined the safe operating speed at the entrance location in question would be considered 35 m.p.h., lowering the acceptable minimum sight distance requirement to 350'. I would suggest you design the entrance improvements, including the appropriate adjacent grading, to obtain a minimum of 350' of sight distance. Should you have any questions, please call. SAM/rf xc: Mr. R. D. Hawkins Mr. Kris Tierney Mr. John Riley Sincerely, y � /, Steven A. Melniko Hwy. Permits & Subdivision Specialist Senior WE KEEP VIRGINIA MOVING COUNTY of FREDERICK Inspections Department John S. Trenary, Building Official 703/665-5656 Fax:703/678-0682 CERTIFIED April 11, 1997 Pat and Susan Goodman Fay Spring Center 534 Redbud Road Winchester, VA 22603 RE: Request for a conditional use permit/ Comments from Building Inspections Dept. Dear Mr. and Mrs. Goodman: In reference to your request for a conditional use permit at the above mentioned site, information provided in your sales and events brochure lists uses (with the exception of the gift shop mentioned in your letter) that are classified as A-3 (Assembly) by the building code. The Virginia Uniform Statewide Building Code requires all A uses to be designed and/or evaluated by a certified Virginia Architect/Engineer. The code also requires a change of use on structures when the use is being changed. When changing uses, the structure shall meet all present codes that are in place. The gift shop would be Use Group M (Merchantile) and would also have to meet the same requirements. Plans and permits will be required for all work/remodeling being conducted. Much of what will be required is based on your occupant load which would be 460 for the house and bam, not including employees. For example, restrooms for this use would be required to provide water closets one per 75 for male and one per 75 for female; lavatories are one per 200, both sexes; drinking fountains are one per 1,000; and one service sink. Handicap requirements shall comply with ADA specifications, not only for the new work, but also 20 percent of the total cost for renovation to existing structures. Of course, occupant loads exceeding this number would add more fixtures. Your brochure allows for up to 1,000 occupants, but not limited to 1,000. The Building Inspections Department can provide you with an accurate review of all requirements only when plans are submitted and reviewed. The information above is provided to give you an overview of what to expect once you begin this process. The department is available to conduct a special inspection at your request to assess the situation and determine what work would be necessary to come into code compliance. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Goodman Letter (Page 2 of 2) The code information provided in this letter is derived from the following sections of the VUSBC, Vol. 1,1993 edition, effective April 1, 1994. 1. Section 101.0, Article 101.1 Adoption of model codes and standards 2. Section 105. 1, Article 105, When a permit is required 3. Section 105, Article 105.5 Plans and specification A/E seaI required, Appendix B 4. Section 115.0, Article 115.4 Changes in use and occupancy If I may be of further assistance, please do not hesitate to telephone me anytime between 8 a.m. and 4 p.m., Monday through Friday, at (540) 665-5650. Sincerelyi John S. Trenary, CP Building Official JST/gmp cc: file planning department Lord Fairfax Environmental Health District 107 N. Kent St. M, P. O. Box 2056 Winchester, Virginia 22604 o (540) 722-3480 FAX (540) 722-3479 Counties of- Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester March 10, 1997 Pat & Susan Goodman 534 Redbud Rd. Winchester, VA. 22604 Dear Mr. & Mrs. Goodman, This letter is written in response to a REQUEST FOR CONDITIONAL USE PERMIT COMMENTS received by the Frederick County Environmental Health Department. The property in question, Fay Springs Center, is proposed for use as a social center with uses including catered functions, tours, meetings, outdoor recreation and wedding receptions. In order for the Health Department to approve the Conditional Use Permit the Sewage Disposal System will need to meet current Health Department Regulations as for system design and capacity. The Health Department has searched our records for Sewage Disposal System Permits, and we find no permits for this property. In order for the Health Department to comment on this proposed Conditional Use Permit the following will be necessary to determine if the Sewage Disposal System serving the property would be Safe, Proper and Adequate for the proposed use. 1.) An Existing System Evaluation Application would have to be submitted to the Environmental Health Department to evaluate the present Sewage Disposal System serving the property. Since no records exist in our files for the present system, the following actions will be required for the evaluation. A.) The septic tank and distribution box will need to be located and uncovered for inspection. The septic tank will need to be pumped out prior to the inspection so that the internal components can be checked. B.) The drainfield area will be required to be delineated and the end of one line uncovered so that the construction and location can be verified. C.) At the time of inspection backhoe pits will be required around the existing drainfield area to deterime if the soils meet Health Department Regulations. 2.) After the Existing System Evaluation is conducted, if the system meets the requirements for the proposed use, the Health Department will forward our comments to the applicant. If the system is found to be inadequate for the proposed use or not meeting Health Department Regulations then the applilicant can apply for a Sewage Disposal Permit Application for expansion or replacement of the existing system with the Health Department or Department of Environmental Quality if applicable. If you would like further information concerning this matter please contact me at the Frederick County Office of Environmental Health at 540-722-3480. June 9, 1997 Currently we are having the 'T's in the tank, new lines htd'stribu on boxes. P Goodman Sinc rely, Frank. R. Lee Environmental Health Specialist Senior spetic field improved by installing to the distribution boxes, and str�c Lord Fairfax *nvironmental Health4bi 107 N. Kent St. P. O. Box 2056_ ;. - '=c Winchester, Virginia 22604: ;� �3 � lfJI (540) 722-3480 FAX (540) 722-3479 9 JD G'tl � , F P I99 -1 Counties of- Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchestrr` DEPT. OF, .'Lf�IVhtE�C) APtR pfgaoP\L%011 September 3, 1997 Andrew Evans Frederick County Planning Department Dear Mr. Evans, This letter is written in response to a REQUEST FOR CONDITIONAL USE PERMIT COMMENTS, submitted to the Health Department for Fay Springs Center owned by T.P. and Susan Goodman. When the original request was submitted a file search was conducted for records of the existing sewage disposal system for the Hackwood property. None were found. The owners were then requested to file an application for an EVALUATION OF EXISTING SEWAGE DISPOSAL SYSTEM with our office to see if the existing system would meet the needs of the requested new use. This evaluation was conducted by our office in June 1997. The results showed that the existing system needed repairs therefore an additional REPAIR APPLICATION was submitted and the needed repairs were completed and inspected by our office in June of 1997. The original evaluation of the existing system showed that the drainfield serving the property consisted,of enough drainfield for a three bedroom residence, with service of 450 gallons per day. In`speaking with the representative for the property a request was made for functions of up to 100 people. Using the figures of the SEWAGE REQULATIONS OF VIRGINIA a per person use for a function as proposed would require 5 gallons use per person with the understanding that there would be no on site preparation of food. Therefore the present system will accommodate up to 90 persons maximum per event. In addition the Health Department would require that all toilets in use for the property be changed to low flush (1.6 gal. or less per flush). At the present time the property is not used as a residence, if this were to change then the maximum number for each event would have to be modified. The owners have the right to apply for an expansion to the existing sewage disposal system if they chose to expand the maximum number of persons per event. If they choose to apply for an expansion then the Health Department would conduct a new site and soil evaluation to determine if any expansion were possible. If you should have any questions pertaining to this matter please contact me at the Health Department. Sincer y, Frank R. Lee Environmental Health Specialist Senior Lord Fairfax4knvironmental Healthobistrict 107 N. Kent St. dN. P. O. Box 2056 Winchester, Virginia 22604 ® (540) 722-3480 FAX (540) 722-3479 Counties of- Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester September 23, 1997 �2728-?' Andrew Evans ��°'1 ltiq� L Frederick County Planning Dept. o r6�Q �liQ�``Ln cv cr Dear Mr. Evans, This letter is written in response to your call to this office on September 15, 1997 asking for clarification of the Health Department Regulations as they pertain to the proposed Special Use Permit requested by the Goodman's for use of Hackwood for social functions. As I stated in my letter to you on September 3, 1997, the sewage disposal system that exist on the property is sized for a 3 bedroom residence and is designed to handle a maximum of 450 gallons a day. Using the Health Department Regulations for the proposed use of the facility a figure of 5 gallons per person was determined. Therefore that would mean that the system in use for the property would handle up to 90 persons per function. Mr. Goodman stated that he has a 2000 gallon system. He was referring to the size of his septic tank and not the drainfield area. It is the actual size of the drainfield, which determines the amount of capacity that a system has for disposing of wastewater. Therefore the Health Department can not approve the present system for use for more than the system is designed to handle. You asked for the Regulations that pertain to the use of portable toilets for use instead of permanent facilities. In the Sewage Handling and Disposal Regulations it states in Article 1. Section 1.8 C that, "All buildings, residences, and structures designed for human occupancy, employment or habitation and other places where humans congregate shall be served by an approved sewerage system and / or treatment works. An approved sewerage system or treatment works is a system for which a certificate to operate has been issued jointly by the department and State Water Control Board or a system which has been issued a separate permit by the commissioner." This would include the Hackwood property for the proposed use for social functions. • Page 2 *September 23, 1997 As to the use of portable privies the Regulations state in Article 6. Section 4.33 B.3.c "Portable Privies, Utilization. Portable privies are normally used in association with mass gatherings, construction sites, etc. Where temporary facilities are required." In discussing this regulation with Kelly Vanover, Manager for Lord Fairfax Health District, this is interpreted that portable privies are to be used for temporary events and not intended for continuous use. If a business or residence is to be utilized for ongoing use then an onsite sewage disposal system should be sized and installed for the proposed use. It is the recommendation of the Health Department that if Hackwood is to be used for social gatherings that the sewage disposal system be adequate for the number of persons to be expected to use the facility on an ongoing basis and then if they are to have a function that exceeded the system capacity then additional portable privies be brought in to handle the excess waste. If the Goodman's propose to use the facility for more than the present capacity of the existing system then they have the option of making an application for expansion of existing drainfield. If so then the Health Department would conduct a site and soil evaluation which would determine if additional drainfield could be installed to increase the capacity of the waste water system, or what other options may be available. Should you have any additional questions concerning this matter please contact me. Sincerely, �i . � rank R. Lee Environmental Health Specialist Senior Winchester -Frederick Co. Health Department • 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 PI JirificArI A I Jr PJEL K Ai EEM Ir March 25, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OFT. P. AND SUSAN GOODMAN, CONDITIONAL USE PERMIT #010-97 On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, April 8, 1998, at 7:15 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This meeting is to consider the' possible continuation or revocation of the conditional use permit of T. P. and Susan Goodman to conduct, the following activities: social center, catered functions, tours, meetings, outdoor recreation, etc. The property is located at 534 Redbud Road and is identified with Property Identification Number 54-A-87 in the Stonewall Magisterial District. Any interested parties may attend this meeting. A copy of the application is available for review at the Handley Library,, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, L- (;, _, Eric R. Lawrence Zoning Administrator ERL/cc 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certi that the attached correspondence was mailed to the following on Cj from the Department of Planning and Development, Frederick County, Virginia: 54-A-87 43-A-155 T.P. & Susan Goodman David Bragg P.O. Box 1325 P.O. Box 174 Winchester, VA 22604 Clearbrook, VA 22624 r '54-A-88 '43-A-156 Association for the Preservation of Civil J J J A Associates War Sites c/o Driggs Assoc. 305 Charlotte Street, Attn Den 8700 Ashwood Drive Fredericksburg, VA 22401 Capitol Heights, MD 20743 54-A-86 Manuel G. Sempeles 412 Redbud Road Winchester, VA 22603 55-A-3 Charles W. Huntsberry 611 Handley Avenue Winchester, VA 22601 '43-A-154 I. Fred Stine, Jr., Trustee 3438 Cobbler Mountain Road Delaplane, VA 22025 43-A-157 Roger & Ruth McBride 506 Redbud Road Winchester, VA 22603 Eric R. Lawrence, Zoning Administrator Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, 20h Pnn H-8 11 a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Zoning Administrator, for the Department of Planning and Development, whose name is signed to the foregoing, dated OTO ITR , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this s_ day of f 1g My commission expires on R 'qqq ARY PUBLIC E2 L FY r T BO . �ETING3/11/98 TABLE 30 DAYS -AT SUCH TIME IF IIAVE NOT MET VDOT CONDITIONS, THIS ITEM WILL COME TO CLOSURE & NOT Departmet READDRESSED AT A LATER TIME. RMS/WHS: 4-2 (RCS & CWO-NAY) COPIES TO: PLANNING DEPARTMENT MEMORANDUM TO: Board of Supervisors FROM: Eric R. Lawrence, Zoning Administratorf'`--' SUBJECT: T.P. and Susan Goodman Conditional Use Permit; CUP #10-97 DATE: March 5, 1998 As the Board may be aware, Mr. and Mrs. Goodman submitted a Conditional Use Permit application on June 9, 1998, to enable them to operate a Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation, etc., at their property at 534 Redbud Road. Staff's recommendation for this CUP was favorable, contingent upon a number of issues that relate to the facility's guests' health and safety. In particular, staff was concerned with the Health Department and Virginia Department of Transportation comments; the prior being adequate health systems on site to accommodate the proposed uses, the latter being a safe vehicular entrance to the site. The application was presented to the Planning Commission on September 3, 1997. The Commission felt the proposed use was appropriate, but the applicant would need to address the review agency comments. The Commission made sure the applicant was aware that VDOT had determined that sight distances were not obtainable for a commercial entrance without major reconstruction of the roadway. At the conclusion of the Commission's discussion, a favorable recommendation was agreed upon, and the application was forwarded to the Board of Supervisors for their review. The Board first heard the application on October 7, 1997. During this hearing, Mr. Goodman voiced his concern with the recommendation of the Virginia Department of Transportation that a commercial entrance be constructed. He further stated that he would not do any of the improvements to his entrance, as the City of Winchester would be improving the entrance for the City's use of the Fay Spring water source. The Board accepted a motion to postpone a decision on this request until details could be worked out with the VDOT and the Health Department, with the understanding that these details be finalized by December 31, 1997. 107 North Kent Street • Winchester. \ it-inia _'_2601-;000 Review of Goodman CUP #010-97 Page 2 March 5, 1998 On December 1, 1997, representatives of VDOT, the City, and staff met with Mr. Goodman at the site to discuss the entrance requirement. The City stated that they had no intention of constructing an entrance; VDOT concurred that the City was not required to construct same. As a result of the discussion, the applicant and VDOT agreed that an entrance location and design would be submitted to VDOT by December 31, 1997. As of January 14, 1998, the applicant had not satisfied the entrance requirements of the VDOT. The Board of Supervisors heard this CUP application for a second time at their January 14, 1998, meeting. The Health Department concerns would be addressed through a pump -and -haul permit; the VDOT's comments had not been addressed. The Board elected to postpone a decision on the application for 60 days to allow for Mr. Goodman to resolve the entrance concern with VDOT. Staff contacted the Virginia Department of Transportation on March 3, 1998, to confirm Mr. Goodman's progress toward application conformance. In speaking with Mr. Steve Melnikoff, staff learned that neither Mr. Goodman nor his engineer has contacted VDOT concerning the entrance, since prior to the Board's January 14, 1998 meeting. Tonight, this Conditional Use Permit application is presented to the Board for a third review opportunity. Action on behalf of the Board would be appropriate. UAERIOCOMMONWODMAN 1.CUP COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 m ir!r!C,- io I Jr Pus lC mg r!mr February 25, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OFT. P. AND SUSAN GOODMAN, CONDITIONAL USE PERMIT #010-97 On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, March 11,1998, at 7:15 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This meeting is to consider the possible continuation or revocation of the conditional use permit of T. P. and Susan Goodman to conduct the following activities: social center, catered functions, tours, meetings, outdoor recreation, etc. The property is located at 534 RedbudRoad and is identified with Property Identification Number 54-A-87 in the Stonewall Magisterial District. Any interested parties may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Eric/R. Lawrence Zoning Administrator ERL/cc 107 North Kent Street Winchester, Virginia 22601-5000 i This is to certify thatAhe attached correspondence was mailed to the following on o 1 � 1791 from the Department of Planning and Development, Frederick County, Virginia: 54-A-87 T.P. & Susan Goodman P.O. Box 1325 Winchester, VA 22604 .54 A-$8 Association for the Preservation of Civil War Sites 305 Charlotte Street, Attn Den Fredericksburg, VA 22401 54-A-86 Manuel G. Sempeles 412 Redbud Road Winchester, VA 22603 55-A-3 Charles W. Huntsberry 611 Handley Avenue Winchester, VA 22601 43-A-156 J J J A Associates c/o Driggs Assoc. 8700 Ashwood Drive Capitol Heights, MD 20743 STATE OF VIRGINIA COUNTY OF FREDERICK Ll 43-A-155 David Bragg P.O. Box 174 Clearbrook, VA 22624 43-A-154 I. Fred Stine, Jr., Trustee 3438 Cobbler Mountain Road Delaplane, VA 22025 43-A-157 Roger & Ruth McBride 506 Redbud Road Winchester, VA 22603 ric R. Lawrence, Zoning Administrator Frederick Co. Planning Dept. 11 --L-iL i if 1 01 a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Zoning Administrator, for the De artment of Planning and Development, whose name is signed to the foregoing, dated((��� has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this nt day of VC—_ 9 C; My commission expires on �D p, 1.99 -,,,�NQTARY PUBLIC • i .��. !C'OMMOi TWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION DAVIDR.GEHP EDINBURG RESIDENCY JERRYA.COM CM41.11"gn lur" 14031 OLD VALLEY PIKE RESIDENT rrhlnr[R P O BOX 278 TFLF154n1^P4-Sana EDINBURG. VA2?P^1-R27T FAXf'rW nP4 ,r:ni January 21, 1998 CERTIFIED - RETURN RECEIPT REQUESTED Mr. T.P. Goodman 685 North Loudoun Street Winchester, VA 22601 Ref Fay Spring Center Rt. 661 Frederick County Dear Mr. Goodman: I am in receipt of your letter dated January 12, 1998 concerning the status of the commercial entrance to the Fay Spring Center located on Route 661 in Frederick County. We are please that you have retained the services of a local designer and contractor for the purpose of designing the commercial entrance and performing the necessary construction. In addition I understand the Frederick County Board of Supervisors has tabled action on your application for 60 days to allow you time to complete your negotiations with the Association for the Preservation of Civil War Sites for the possible new access location and the necessary grading that would be required along Route 661 to obtain the required site distance. As a condition of the 60 day agreement I understand you and the County Board of Supervisors have a verbal understanding that no business actions will be conducted during this time frame at the site. I want to reemphasize the letter sent to you by Bob Childress on December 2, 1997. We expect to have your design plan, land use permit application to cover the construction, and any agreements and/or easements with adjoining property owners in hand as soon as possible. We also continue to expect once the permit is issued that you will have the entrance graded out to its proper width, stabilized with 21 B aggregate and site distance provided by no later then the end of the 60 day time limit as set by the Frederick County Board of Supervisors. All construction on the right-of-way including paving would be completed by June 30, 1998. The safety of your patrons and the traveling public continues to be our primary concern. We appreciate your willingness to comply with our safety requirements and the work you have done c-� Li -FjA • i Page 2 Mr. T.P. Goodman January 21, 1998 so far. We urge you to complete the necessary negotiations with the APSCW as soon as possible. We will continue to work with you to accomplish the aforementioned, however, if the process does not move forward we will have no other alternative but to pursue this matter through the Attorney Generals Office. Please call me at (540) 984-5625 if you have any questions or we could be of further assistance. Sincerely, -;2-' -Lb Norman K. Sparks Trans. Assistant Resident Engineer /cbh cc: J A Copp S A Melnikoff James Longerbeam John Riley Kris Tierney January 13, 1998 To whom it may concern: I learned today of the possible closing of Iackwood, and, as a result of this, the end of the Spay Today program. I am not a person that usually gets involved in political issues. I am simply a taxpayer, and my husband and I pay our fair share. Let me first express extreme displeasure that this is one of the ways you are wasting my tax dollars. I am aware that there are many issues in this county that could use your attention far better than an undeserved and unnecessary assault on the owners of Hackwood. lust where are your priorities? I have nothing personal to lose or gain by the closing of this establishment, for I am not a frequent visitor to Hackwood, nor am I a close friend or relative of the owners. 1 am a county resident who sees the potential for cultural improvement in this county —a bit of history you are trying to close to the public —and the end of Spay Today, an effective program for controlling the overpopulation of cats in this area. I pay my own vet bills, amounting to thousands of dollars each year, and have never used this service, but I recognize the need for this wonderful program for many who cannot afford professional veterinary care. Spay Today helps curb the overpopulation of animals OUR tax dollars would otherwise have to maintain and, eventually, destroy at the county shelter. I assume that my county leaders would applaud and support an effort like this, not try to end it. Spay Today does not cost us (all Frederick residents) a cent. WHAT is the problem? 1 visited Hackwood for the first time in early December as an exhibitor in a small art show. I was thrilled to see the potential for a place in Frederick County with more to offer than apple blossoms. I have lived here for eleven years and am a professional artist, but must travel to surrounding counties and states to exhibit in high quality art shows. Why? Fine art just does not sell well to people coming to see a parade and play at a carnival. You will be throwing away a refreshing opportunity if you do not let Hackwood continue. It has become a wonderful place for a wedding, a perfect place for conferences, a historic place to take children. It provides for a weekend afternoon spent on the lawn of a peaceful estate, sharing some time with family and friends at a social event, a quiet balance to the mega -strip retail hoop -la on our south side. In weighing your actions, consider lost opportunities to bring in out of town guests to attend meetings and weddings, possibly family reunions, guests that would spend money here. I am sure county merchants are interested in the potential for added income. I KNOW people rent out estates in closeby counties —my husband and I rented the Briar Patch Inn in Aldie for our wedding those many years ago. Relatives and friends from as far as -California, Montana, and Florida all came to the inn, spent [lie weekend, and, oh yes,....spent MONEY at local businesses. Local caterers, waiters, florists, photographers ... the list of concerns that will benefit from I lackwood is long! Other counties support local resident enterprises and are farsighted enough to see that MANY can prosper by allowing good ideas to grow. If, as alleged, physical access to I lackwood is really a problem, many in the community would be willing to share in the cost of a "Hidden Access" sign. A simple solution to a simple problem. If the stale needs to improve the highway, notify them to do so. I-lackwood has been there longer than the road. On my first visit, I had no problems going in, nor did I encounter any problems when leaving. As a parent, I assure you that there are far more dangerous sites in this county that could use your attention. We risk our lives daily on Bakersville Road at the Tollhouse Store. I am sure many other Frederick taxpayers could find more than enough to keep you busy. But is this what our local government is for"? Shutting the doors of this estate will accomplish nothing, yet will result in the loss of so much. Small businesses need your support. I had hoped our county was on its way to improving its economy and image. After my showing at I-lackwood, I gave them back the check for my profits, to be used to improve what I consider a worthwhile establishment. I challenge you, too, to be supportive of a venture that costs you nothing, yet can give so much to the county we all live in. Thank you, 1 , Patricia Whiddon I �F7 COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE JERRY A. COPP COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG, VA 22824-0278 TEE (540) 984-5600 FAX (540) 984-5607 November 12, 1997 Mr. Pat Goodman Ref: Commercial Entrance 635 Noah Loudoun Street Route 661 - 534 Redbud Road Winchester, VA 22601 Frederick County Dear Mr. Goodman: To follow-up on our meeting of November 6, 1997, I would like to reintegrate portions of our conversation regarding the referenced commercial entrance. Prior to the issuance of a land use permit, to install a commercial entrance into the Hackwood Site, site distance must be attained. Since the portion of Redbud Road, Route 661, on which the entrance to the Hackwood Site is located is unposted, the speed limit is determined to be 55 mph. Therefore, the required site distance is 550' in both directions, East and West. The site distance to the East is blocked by both vertical and horizontal curves, an embankment, and a fence row covered with vines and brush. The question is, can site distance be obtained by regrading the embankment and clearing the fence row? If so, a land use permit will be considered, reviewed, and issued. If not, VDOT can not approve any application for a land use permit to construct a commercial entrance at your present location. The question of lowering the speed limit to obtain proper site distances was asked. Speed limits will not be reduced solely so that a commercial entrance may be installed. Posting and entire road to "correct" a sight distance shortage at an entrance located in a small segment is not within the best interest of the traveling public, nor does it insure safety at the entrance. Unless thorough traffic engineering study indicating the reduction is necessary and will be abided, the reduction would likely increase the number of accidents, particularly where sight distance shortages are present. VDOT's primary responsibility is to the traveling public, not the landowner or developer. Should you desire a traffic study to determine if a reduction in the speed limit is in the best interest of the traveling public, you may by addressing your concerns and requests to Mr. Jerry Copp, Resident Engineer, Edinburg Residency, 14031 Old Valley Pike, P. O. Box 278, Edinburg, VA 22824-0278. However, at the present time only a drastic drop in the speed iimit wiii allow for VDO T approvai of a commercial entrance without major grading changes in the topography at your present location. If I can be of further assistance, please feel free to call. Sincerely, Steven A. Melnikoff Highway Permits and Subdivision Specialist, Sr. SAM/ep pc: Mr. R. B. Childress 1-1 � �G�, N\ Mr. Andrew Evans r' Mr. K. Tierney Mr. R. Hawkins WE KEEP VIRGINIA MOVING Carroll Construction December 3, 1997 • WBE Certified 305 Ebert Road. Winchester. VA'__'60.1 • Voice: 540-667- 1596 • Fax: 54O-667-001-4 Mr. rat Goodman 685 North Loudoun Street Winchester, Virginia 22602 Dear Mr. Goodman: Please be advised that Carroll Construction Co. is in the process of preparing an estimate to construct an approved Virginia Department of Transportation commercial entrance at Hackwood, Frederick County, Virginia. Once we have obtained all of the information regarding the requirements of the Commonwealth, we will forward you a written estimate. Please feel free to contact me should you have any questions or if we can be of any further assistance. Sin rely, Beth Carron Lewin President . 'k 0 • PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 302 South Braddock Street, Suite 200 Winchester, VA 22601 Mr. T. P. Goodman 685 North Loudoun Street Winchester, Virginia 22601 Re: Fay Springs Center Route 661 County of Frederick, Virginia V.D.O.T. Entrance Tel.: (540) 662-5792 Fax.: (540) 662-5793 December 22, 1997 Dear Sir: Pursuant to your request, an investigation was done to determine the feasibility of installing a Virginia Department of Transportation (V.D.O.T.) street connection type of entrance to the above -referenced property. On December 17, 1997, a site visit was done by this office to determine the existing conditions of the area and to try,, to determine the best location for a commercial entrance into your property. This investigation has been based on this site visit and the V.D.O.T. entrance requirements as indicated in the letter addressed to you, dated December 2, 1997, and prepared by Mr. Robert B. Childress, Transportation Engineer for V.D.O.T. As indicated in the enclosed copy of the letter, V.D.O.T. is requiring a 30' wide entrance with 12.5 f}. turning radii. The entrance shall be paved with a minimum pavement section of 8" V.D.O.T. 21-B base stone and a 2" layer V.D.O.T. SM-2A bituminous concrete surface course. Tile entrance shall satisfy all site distance requirements associated with a 35 ►nph roadway which means that a clear site distance of 350 linear feet must be achieved in both directions. The existing driveway entrance into the property does not meet these specifications and therefore can not be used for your proposed business use. Your property is very limiting in regard to the location of the proposed entrance. The frontage to your property is only 60.00 linear feet (see the enclosed plat) which means that the entrance can only be placed in the center of the 60 ft. property line. Placement of the entrance in this location will require that the existing entrance be demolished to satisfy the geometric requirements of the proposed commercial entrance. It is my understanding that the stone pillars that currently frame the existing entrance are historically significant and therefore would have to be removed and replaced. This could be costly and the replacement of the pillars will have to be set back so that the site distance requirement can be met. Secondly, by placing the entrance in this Page 1 . lu Mr. T. P. Goodman • *ecenlber 22, 1997 location, the visibility to the right-hand (easterly) side will be obstructed by the existing grade of the adjacent property. The high point of the immediate area is located to the east of the existing driveway on the adjacent property. This property is currently owned by the Association for the Preservation of Civil War Sites, Inc. An easement will need to be obtained from the property owner to lower the grade of this elevated area so that the proper site distance may be obtained. This area will have to surveyed to determine the existing topography and the total area that will need to be disturbed to satisfy the site distance requirements. At this time, it is very difficult to estimate the amount of disturbed area, however it appears that it could encroach in excess of 50 linear feet in a southerly direction from the property line onto the adjacent property. A more reasonable approach would be to construct a joint entrance which would serve both properties. The entrance could be positioned at the high point on the adjacent property which would satisfy the site distance requirements and the entrance could then be split to serve the two properties. This approach will again require that an easement be obtained from the adjacent property owner, however, the cost of the entrance can be shared in lieu of constructing two separate entrances and the disturbed area on the adjacent property will be for the entrance itself rather than merely to obtain the necessary site distance. This location will also preserve your existing entrance pillars in their original location. Please note that the existing entrance onto your property will most likely have to be closed in some manner to prevent usage by any commercial traffic. 1 sincerely hope that this information will be useful during your decision making process. The road frontage to your property is very limiting which makes the location of the proposed commercial entrance very difficult and potentially costly. However, the safety requirements for ingress and egress t:, and from a particular piece of property are of utmost importance to V.D.O.T. and therefore must be satisfied prior to approval of any entrance for any type of business use. With this in mind, it has been determined that the entrance to this parcel should be installed in either location in the manner, as described above. The joint entrance approach seems to be the more logical approach in that it can serve both properties with approximately the same amount of disturbance to the adjacent property. Please be advised that all work for the design and construction of this entrance must conform to the standards and specifications of the Virginia Department of Transportation. Also, the entrance design and construction must be approved by V.D.O.T. prior to use. Thank you for the opportunity to work on this project. If you would have any questions or would require further assistance please do not hesitate to contact me. Enclosures: Page 2 Sincerely, r__�t1• AX,� 'v Timothy G. Painter, P. E 0 • Fay Spring Center �kv .y 1 -"z_. k' "Anne to as society devoted to ending aninta(suf ering through nat ionzvide ptab(ie education and spay/neuter assistance programs." January 12, 19,98 C1'RT1F7E:D USPS -RETURN RECEIPT REQUESTED Virginia Dept. of Transportation Edinbur.q Residency 14031 Old Valley Pike PO Box 218 i:dinburq, VA 22824-0278 A'I".I'N: Mr. Robert Childress, Transportation hugineer RE: ray Spring Center, Rt 661, Frederick County Known for. Postal Purposes as 534 Hedbud Rd Dear Mr. Childress, To keep you informed about the current status of the comumei.cia.l entrance to the above named property. Per your letter of December 2, 1997 and other discussions, we retained on December 3, 1997, Carroll Construction to construct the entrance. They, in turn, retained .Painter -Lewis Civil Engineers the day after our on site meeting to conduct a survey of the site and develop the required street connection plans. At our on site meetinq in mid December, 1997, you will recall that we discussed possible- ontions after reviewing the limiting tactor.s, vlc, the only 60 linear feet of road frontage and the rising topography immediately to the South of the entrance, which severely limits the sight distance to much less than the .required .350 teet. The two apt -ions are: 1. Modifying the existing entrance, which would entail movi.nq the existing pillar/gateposts to the West, displacing the center line of the entrance to the South, and removal of the rising terrain South of the entrance on the West side of Redbud Rd. 2.. Movi.nq the entrance Fast, centering it approximately on the utility pole, constructinq the required entrance, and connecL.ing it into the existing driveway at a convenient location some distance to the West of Redbud Rd. A requirement for both conditions is the modification of the existing 534 Red Btid " )ad - Winchester, Virginia 22603 - Phone (540) 665-2827 terrain blocking the sight distance. 'I -his property is currently owned by the Association for the Preservation of Civil War Sites (APSCW). We have retained the services of William Ellis, Architect to conduct discussions with APSCW's attorny Carrington Williams regarding the obtaining of the required easement. As one might expect when working with volunteer organizations, their response times are rather slow, even by governing body standards. As of this time (7:30 PM, Monday, January 12, 1998) they have indicated a willingness, inasmuch as they also will be needing an entrance to their property sometime in the future. Unfortunately, they are in the midst of a complete refinancing program which they expect to have completed before the end of this month (January 98). Until that is closed they will not devote any time to the discussion. In summation: As evidenced by the dates of the contractors letters, we have moved to resolve this problem in a timely manner, however there are delays, as just noted, over which we have no control. As further progress is made. you will be kept informed. Should you need to contact me, I can be reached by: 11hone 540-667-7175 Fax 540-665-2025 Sincerely, Pat Goodman, CV \a VAtac 0 0 W Lee Braithwaite 613 Butler Ave. Winchester VA 22601 540-665-2736 January 12, 1998 Board of Supervisors To Whom It May Concern: I atn writing on behalf ofHackwood Estates and their importance to our community. Aids Response Effort Held its third annual auction on November 15, 1997. We were very successful in our endeavors with this auction; the most successful we have held and the largest fundraiser for ARE as of to date. ARE's auction committee was fortunate enough to raise over fifteen thousand dollars This money will be used to for services for the 40,+ clients that ARE services as well as community outreach and education. Hackwood Estates was very instrumental in the endeavors that helped to make this the most successful fundraiser in ARE's history. The management and staff from the beginning were most helpful. From the beginning it was a group effort of our cornrnittee and the staff of Hackwood to make this a successful endeavor. They cut the cost of the rental of the space to cover only their cost for the night of the auction. Their next step was to find us a caterer to help reduce costs. The efforts of the great people at Hackwood were never ending from meeting us there all hours of the day and evening, soliciting and donating auction items, helping us to set the auction up two prioi nights to ,the auction and helping to insure our successfulness. Their previous experience in fundraising there allowed them to give us great ideas and suggestions that helped to make the benefit the success that it was. Hackwood is an important part of Frederick County's history and anirnportant service and asset to our community. The benefits of having a grand„place such as Hackwood and the compassion of the owners are something that is a rare combination. Don't let us loose it Plans are already in the making of second fundraiser for ARE to be held at Hackwood this summer and as before they talked with me with open ears and an open heart. I feel that we need to do everything in our power to keep Hackwood open and successful. Let the people of Frederick County, Winchester and the surrounding area experience Hackwood as we have. Let's support them as they have supported us! Sincerely: W. Lee Braithwaite � Co -Chairman ARE Auction 1997 t...fi ty a 109 East G Street — Brunswick, MD 21716 June 21, 1997 SPAY TODAY 155 Augustine Avenue Charles Town, WV 25414 Dear Friends, I have just recently become acquainted with "Spay Today" and your wonderful efforts for the animals. I had the pleasure of attending your auction and dinner at Hackwood last Saturday and this letter is simply to let you know how very much my friend and I enjoyed it. The beautiful way it was all arranged and the wonderful support you received from the community was absolutely overwhelming! Thank you for a a lovely evening and an uplifting experience. My husband and I do Chihuahua rescue in the local (Frederick County, MD) and metropolitan Washington DC, Maryland and Virginia areas, so we are very much aware of the crucial need for spay/neuter programs. Your efforts in that respect are very impressive. Best wishes for the future. Sincerely, /�Xbz— Joyce G. Hahnel COUNTY of FREDERICK y� Parks and Recreation Department i James M. Doran, Director 540-665-5678 FAX:,.540-665-9687 i January 6, 1998 Mr. Pat Goodman 534 Red Bud Road Winchester, VA 22603 Dear Goodman: Thank you for your invitation to visit Hackwood Plantation for possible programming opportunities for the Frederick County Parks and Recreation Department. -As I toured this lovely historical estate, many programming ideas came to'mind! I can envision classes and lectures for both the adult and senior population, afternoon teas on the lawn, small -cultural art exhibits and performances, a civil war history camp for children, health management related activities, and the list goes on! As per our conversation, I understand that you are trying to form community partnerships to assure the preservation of Hackwood through adaptive use. I'm grateful that you thought of Frederick County Parks and Recreation and look forward to further discussion on our possible uses of the property. It is good to know that property of this .significance and historical stature is in the hands of someone committed to its' preservation and continued viability! Please contact me, at your convenience, to discuss details about setting up future programs! 107 North Kent Street Winchester, VA 22601 • Dear Board of Supervisors, Vicki Perez 677 Miller Road Winchester, VA 22602 (540) 722-4849 January 9, 1998 I'm writing to you today on behalf of the Blue Ridge Girl Scouts and as a Mom. My Junior Girl Scout Troop and Brownie Troop have visited Hackwood and Spay Today as part of our Caring for Pets and Animals badges. We learned how to care for animals, selecting an animal for our family, what to expect in adopting a cat as well as the many ways we can help other animals in need of a home. Spay Today provides a wonderful service to the community by setting examples of what a difference People Who Care can accomplish with the help of our Home government. Hackwood is a beautiful, historic site that can be appreciated by all of us. The grounds are gorgeous and full of character. We plan on holding our beginning of the year Ceremonies by the springs. We plan on having a picnic in the spring and seeing the ducks. Having Spay Today at the facility is like icing on the cake for us. The girls love going to visit the cats and extending their love to them. All of the girls experienced a great sense of appreciation for having an organization like Spay Today there. As a mom, it's getting harder and harder to find role models that aren't Money Centered, but centered out of love and concern for OUR community. Because Spay Today offers the adoption of cats with shots and spaying/neutering already completed, many families are able to adopt unwanted cats. The cost of putting an animal to sleep is as much if not more that caring for the cat and finding a good home. The emotional and community statement of putting a. cat to sleep is even more costly to our children. Hack -wood and Spay Today SHOW our,children that old houses have value and that their grandeur can be appreciated for generations to come. It. SHOWS our children that our community cares - about animals, our childrens programs, and the world around us by allowing Spay Today to operate in spaces that might normally go unused. It TEACHES our children that we can enjoy the Historic aspects, the caring aspects and fun new activities there such as Christmas parties, Weddings and other events and have them all work. I feel it would be a GREAT loss to the community if any part of this were to cease. Sincerely, V 6a" Vicki Perez Blue Ridge Service Unit Manager SPCKFRE NCR DERICK CLARKE Society for the Prevention of Cruelty to Animals of Winchester, Frederick and Clarice Counties 1 15 Featherbed Lane / Winchester. Virginia 22601 (540)662-8616 Founded1907 NC R SpCKFRE K E Society for the Prevention of Cruelty to Animals of Winchester, Frederick and Clarke Counties 1 15 Featherbed Lane / Winchester, Virginia 22601 (540)662-8616 1 Founded1907 - 1997 10ARLY WORKRECORD 0 CATS: Beginning Total: 20 DOGS: Beginning Total: 23 WINCHESTER: WINCHESTER: Owned: 384 Owned: 217 Stray: 249 Stray: 122 A.C.O.: 21 A.C,O.: 279 1 S.P.C.A.: 4 S.P.C.A.: 7 R.T. S.: 5 R.T.S.: 20 FREDERICK COUNTY: FREDERICK COUNTY: Owned: 122 Owned: 82 Stray: 58 Stray: 26 R.T.S.: 16 R.T.S.: 31 SY.C.A.: 0 S.P.C.A,: 0 CLARKE COUNTY: CLARKE COUNTY: Owned: 187 Owned: 38 Stray: 115 Stray: 2 R.T.S.: 3 R.T.S.: 4 S.P.C.A.: .0 S.P.C.A.: 0 ' OTHER AREAS: OTHER AREAS: Owned: 140 Owned: 73 Stray: 43 Stray: 15 R.T.S.: 8 R.T.S.: 9 TOTAL INCOMING CATS: 1355 TOTAL INCOMING DOGS: 925 OTHER ANIMALS: TOTAL: 168 ADOPTIONS: EUTHANIZED: Cats: 328 Cats: 950 Dogs: 394 Dogs: 288 Others: 9 Others: 74 R.T.O.: D.A.S.: 14 Cats: 6 0 D.O.A.: 3 Dogs: 250 MIS C.: 1 Others: 32 YEAR ENDING TOTALS: Cats: 24 Other: 0 Dogs: 13 January 13, 1998 Board of Supervisors To Whom it May Concern: 1 I am writing on behalf of a local Cub Scout Pack located in Stephenson, Va to let you know how gracious Hackwood has been to our Pack allowing us to use their facility at no charge for our Cub Scout function. They allowed our Pack to use their unique barn for a Halloween party and the children just loved it and are looking forward to having future functions there. We would hate to see anything happen to Hackwood. The people at Hackwood went over and above their contribution of helping our local kids have a fun and safe place to hold our various programs. Sincerely, Susan Auvil, Cubmaster, Pack 46 (Emmanuel United Methodist Church) 212 Wright Drive Clearbrook, VA 22624 O.-OUNTY of FREDERICK m February 14, 1996 Susan Goodman Spay Today 534 Redbud Road Winchester, VA 22603 John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 Dear Ms. Goodman: The Board of Supervisors for the County of Frederick, Virginia, meeting in regular session on February 13, 1996, approved a resolution. designating February 27, 1996 as "Spay Day USA". Please find the resolution enclosed: With kindest regards, I am JRR/tjp Enclosure Sincerely; John R. Riley, Jr. County Administrator 107 North Kent Street • Winchester, Virginia 22601-5000 • BOARD OF SUPERVISORS RESOLUTION DESIGNATING, FEBRUARY 27,1996AS "SPA YDAYUSA" WHEREAS, dogs and cats give companionship to and share the homes of over 50, 000, 000 individuals in the United States; and WHEREAS, two unaltered cats and their kittens can produce 420,000 more kittens in seven years and two unaltered dogs and their puppies can produce 67,000 more dogs in six years; and WHEREAS, humane societies and shelters euthanize more than 12 million dogs and cats each year, although many of them are healthy and adoptable, simply because there are not enough good homes; and WHEREAS, the problem ofpet overpopulation costs the taxpayers of this country millions of dollars annually through animal control programs trying to cope with the millions of unwanted pets; and WHEREAS, spaying and neutering dogs and cats'has been shown to drastically reduce cat and dog overpopulation; and WHEREAS, veterinarians, humane societies, national and local animal protection organizations worked together to ensure the spaying or neutering of more than 28, 000 companion animals through "Spay Day USA " in 1995; -and WHEREAS, veterinarians, humane societies, national and local animal protection organizations have joined together again to advocate the spaying and neutering of companion animals on "Spay Day USA 1996 "; NOW, THEREFORE, BE IT RESOL YED by the Frederick County Board of Supervisors, that February 27, 1996 is designated "Spay Day USA 1996. " The Chairman is authorized and requested to issue a proclamation calling upon the people of Frederick County to observe the day by having their own dogs or cats spayed or neutered or by sponsoring the spaying or neutering ofanother's dog or cat. The above resolution was approved by the following recorded vote: James L. Longerbeam Aye W. Harrington Smith, Jr. Aye Charles W. Orndoff, Sr. Aye RobertM. Sager Aye Richard C. Shickle Aye" Margaret B. Douglas Aye A COPY TESTS: Joh iley, Jr., CountyAdmistrator RESOL U110N NO.: 023-1996 R. ' f . 'X • 423 P01 JRA 13 ' 38 09: 2r' January 12, 1998 John Trenary Building Official Frederick County Inspection Department 107 N. Kent Street Winchester, VA 22601 Dear John: John, we appreciated the time you spent yesterday with Susan and myself Our main interest is in providing revenue to Hackwood which would permit the site to be maintained as a historical home for the area. Financially, we cannot afford to make costly changes to the building. This is just a fact of reality. Pat, Susan, and I are trying to define in our minds r vhat we should and should not do at Hackwood as far as the usage of the site in relation to the requirements we would fall under based on this usage. Would you mind reviewing this usage below and providing us with some feedback on the building codes we would need to meei. I am putting a call into the ADA today to also get some feedback from them. As you can see the gift shop has definitely been eliminated since its revenue does not Justify the changes that would be required to the building to permit this usage. To outline my thoughts on the primary and conditional usage of Hack -wood: Primary Usage - Hackwood is the physical site for the business office of Spay Today. This is a non-profit animal spaying association dedicated to assisting in the controlled growth of the animal population. Spay Today has one full-time paid employee. Conditional Usage - Hackwood is a rental property for Special Events or Occasions. The site may be rented by private clients for their events. These events are not open to • the general public. For this reason, there are no paid admissions permitted at the door. Events at the house itself are limited to 80 people for a sit down event and 125 people for a cocktail party or reception. Events greater than this require a tent outside. Any handicap needs are the responsibility of the individual client who is informed within the rental contract as well as verbally that Hackwood is a historical site and is not handicap accessible. Events are limited to the first floor of the house for seating or assembling. Again, your comments will be sincerely appreciated. Yours tPuly, Taney Aikens Craun President - Special Events Inc - t/a Encore Special Events Fay Spring, Center society devoted to ending anima(suffering through nationwide public education and spay/neuter assistance programs. " County of Frederick Inspections Dept 107 N. Kent St. Winchester, VA 22603 Attn: John S. Trenary Dear Mr. Trenary, This is to explain and clarify some points mentioned in your letter of April 11, 1997 regarding our application for a conditional use permit. The brochure referred to in paragraph #3 is not a brochure for 'Hackwood', rather it is the standard brochure produced by Encore Productions describing their range of events, most of which are not held at 'Hackwood' A more- typical occupant load for the actual house would be 120-140., and usually less for the most common events, which are usually groups of less than 25 for 'executive' meetings. Occasionally we will have outdoor gatherings that are in excess of the above numbers, however at those times Encore Presentations provides portable toilets. Also, the typical daily load of the building during the day is usually two or less. Sincpr �ey, at oodman Susan Goodman 534 Red Bud 7Kpad • Winchester, Virginia 22603 • Phone (540) 665-2827 PC REVIEW: 9/3/97 BOS REVIEW: 10/7/97; 1/14/98 CONDITIONAL USE PERMIT #010-97 T. P. and Susan Goodman Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation, Etc. LOCATION: This property is located on 534 Redbud Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-87 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and RP (Residential Performance) District; Land Use: Residential and Agricultural. PROPOSED USE: Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation REVIEW EVALUATIONS: Virginia Dept. of Transportation: Existing private entrance(s) is inadequate for proposed use. Minimum sight distances are not obtainable at the property to allow for the construction of a commercial entrance without major reconstruction of the roadway. Therefore, we cannot support a conditional or special use permit for this property. See attached follow-up letter dated November 12, 1997from Steven Melnikoff, Highway Permits and Subdivision Specialist, Sr. Inspections Department: See attached letter dated April 11, 1997 from John S. Trenary, Building Official, Fire Marshal: Access to all structures must be ensured at all times, for emergency vehicles. Health Department: See attached letters dated March 10,1997, September 3, 1997, and September 23, 1997 from Frank R. Lee, Environmental Health Specialist, Sr. t (I-z"IC,% -�PoKE- 14� 7- L w p RFQ`c ss . t-► r,�. C a r-�.1 L ` V lea ! . P, cv.- CA-r%) StiE �a7cJ�S TNa � T+-lk (F- S. r 7-c- , 0- T.P.. and Susan Goodman CUP #010-97 Page 2 January 8, 1998 City of Winchester: Planning fully supports compatible uses which help preserve historic properties, particularly those which are related to the City -County Battlefield Network. Historic Resources Advisory Board: The BRAB unanimously recommended that the CUP be approved. They did not mention imposing any conditions with the permit. Their comments suggested that the proposed uses would be less destructive to the historic fabric of the property than other possible uses. Planning and Zoning: The approval of a conditional use permit is requested by the Goodmans in order to use the property as a social center, have catered functions which may include weddings and wedding receptions, corporate retreats, picnics and recreational activities, and other social gatherings. Uses proposed for the property are not specifically spelled out in the RA (Rural Areas) listing, however; the proposed activities have characteristics which are covered by a combination of a number of those uses listed as conditioned. According to the applicants, all of the functions will be handled by Encore Special Events, a small company with a staff of wedding planners, bakers, chefs, floral designers, and event managers, as their brochure states. Staff has concerns with the private entrance in that minimum VDOT site distances are not obtainable, which would prevent approval of a commercial entrance. The health issues deal with the evaluation of an existing sewage disposal system, possible expansion of that system, or the installation of a new system. With the potential of large numbers of people in attendance at the functions, it is imperative that adequate facilities be provided. Should large numbers of people attend the functions, adequate parking facilities will be required to be provided, both for automobiles and buses. There is the potential for heavy traffic flow at times to and from the property which causes the need to have a commercial entrance and a adequate road to handle the traffic flow from the entrance to the residence. These issues can be addressed through the site plan. Staff would recommend approval of the conditional use permit providing the following concerns are addressed: * The applicant work with the Virginia Department of Transportation in locating a suitable a commercial entrance much needed for the potential automobile and bus traffic. * Work with staff on preparing a site plan which would show the entrance, available parking area for autos and buses, and other required information. 0 0 T.P. and Susan Goodman CUP #010-97 Page 3 - January 8, 1998 * Obtain Health Department approval for the required sewage system or methods needed to accommodate the numbers of people that would attend the functions on the property. Staff Recommendation for 9/3/97: Staff recommends approval of this request with the following conditions suggested: Applicant obtain approval from all agencies, including VDOT of a commercial entrance, and comply with their comments at all times. 2. Attendance at events be limited to no more than 300 individuals, including staff, and the applicant obtain approval from the Health Department for sewage facilities which will accommodate up to three hundred (300) persons. 3. Should any form of music be provided at the functions, it shall be between the hours of 9:00 a.m. and 9:00 p.m. 4. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. PLANNING COMNUSSION SUMMARY & ACTION OF 9/3/97: Members of the Commission commended Mr. Goodman for his appreciation of the historic worth of the Hackwood property. One of the primary concerns of the Commission was that buses or vehicles do not park along Redbud Road and they stressed that all parking needs to be on site. They made sure the applicant was aware that VDOT had determined that sight distances were not obtainable for a commercial entrance without major reconstruction of the roadway. Commission members were also concerned that the sewage disposal facilities were adequate to accommodate the numbers of people anticipated. Mr. Goodman stated that he would bring in portable toilets for crowds larger than 100, which is the number of people his 2,000 gallon septic tank would accommodate. Commission members did not include any restriction on music as part of their recommendation for approval because they did not feel it would create a nuisance. The Director of the Virginia Department of Historic Resources at the Winchester location stated that the use of the property for corporate and community gatherings and events was compatible with the historic character of the Hackwood House and would allow community residents and visitors to enjoy and benefit from its historic preservation. A resident of Redbud Road, whose property is adjacent to Mr. Goodman's driveway, spoke in opposition to the proposed use of the property. She said that tour buses park and stay running along Redbud Road, putting out fumes and noise and creating a traffic hazard. She was concerned that T.P. and Susan Goodman CUP #010-97 Page 4 January 8, 1998 large gatherings would be a disturbance and result in increased traffic. The Commission recommended approval of the conditional use permit with the following conditions: Applicant will obtain approval from all agencies, including VDOT's requirement for a commercial entrance, and comply with agency comments at all times. 2. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. A site plan shall be submitted and approved by the County. The vote was as follows: YES (TO APPROVE): Miller, Stone, Ours, Thomas, Romine, Marker, Copenhaver, Light, Morris ABSTAIN: DeHaven (Mr. Wilson was absent.) BOARD OF SUPERVISORS SUMMARY & ACTION OF 10/7/97: Staff summarized the Planning Commission action and the recent conversations the applicant has had with VDOT and the Health Department. Staff also pointed out that Mr. Goodman is operating illegally and cannot be issued a business license. The applicant, Mr. Goodman, voiced his concern with the recommendation of the Virginia Department of Transportation that a commercial entrance be constructed. He further stated that he would not do any of the improvements to his entrance. He believed that the City of Winchester would be upgrading the entrance in the future to service the Fay Spring water source, at which time the entrance will be constructed to VDOT standards. The Board accepted a motion to postpone a decision on this request until details could be worked out with the VDOT and the Health Department, with the understanding that these details be finalized by December 31, 1997. ACTIONS SINCE 10/7/97 BOARD OF SUPERVISORS MEETING: On December 1, 1997, members of the Virginia Department of Transportation, City of Winchester, Planning Department, and the Board of Supervisors met at the site to discuss the entrance concerns. The site is currently T.P. and Susan Goodman CUP #010-97 Page 5 January 8, 1998 from the City of Winchester stated that the City had not intended to improve the entrance; VDOT concurred that the City would not be required to improve the entrance for the City's planned use of the Fay Spring water source. During this meeting, the applicant and VDOT agreed that an entrance location and design would be submitted to VDOT by December 31, 1997. As of January 8, 1998, the VDOT had not received an entrance location and design from the applicant. The site continues to violate VDOT's entrance requirements; VDOT is prepared to formally act on the illegal entrance. The applicant expressed his concern that an accurate cost estimate for the required improvements is difficult to arrive at; staff recommended that Mr. Goodman participate in the County's Technical Review Committee (TRC). The TRC includes agencies that review development proposals within Frederick County; the TRC informs applicants about code requirements. A letter stating possible TRC meeting times and dates was mailed to the applicant shortly after this December 1, 1997, meeting at the site. On January 6, 1998, Mr. Tim Painter of Painter -Lewis, P.L.C. contacted Mr. Steve Melnikoff of VDOT and conveyed that Painter -Lewis, P.L.C. had been retained to locate and design a commercial entrance. Mr. Painter briefly described two alternatives for the proposed entrance; neither alternative has yet to be formally submitted to VDOT for review. As for the Health Department, the applicant has expressed an interest in pursuing a pump and haul permit; the pump and haul permit would be acceptable to the Health Department. The applicant has requested that the existing residence continue to utilize the existing drainfield. This proposal is acceptable to the Health Department, so long as only the residence utilizes the drainfield. As of January 6, 1998, the Health Department has yet to receive a completed Pump and Haul Permit application. O:\AGENDAS\COMMENTS\GOODMAN.CUP ��.� ;,. war> Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA ftwomful 1. Applicant (The applicant if the owner other) NAME: l , �. Ctn� `J�i�Gx� �c)CAM `/ ADDRESS: �� �} ��I i> �c� �� . W ncheS�tx V a a DUULI TELEPHONE 2. Please list all owners, occupants, or parties in;in ierpt i the property: o� 3. The property is located at: (please give exact directions and include the route number of your road or street) 1.0, m,1es oX 4. The property has a road frontage of 47�rox. Oil feet and a depth of a350o feet and consists of 13a acres. (Please be exact) 5. The property is owned by �, �d ��� �ooc� m�� as evidenced by deed from F;�S� Llirk C�o«,o� 4Scc% ckr� recorded (previous owner) in deed book no. 4-I y cI on page 1 3(, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. ,5 4 A - � 7 Magisterial District Current Zoning R ,Q I 7. Adjoining Property: c USE ZONING North -be 1 %si or, nexA East South West 8. The type of use proposed is (consult with the Planning Dept. before completing) cl OQ C, C C-0i7'�i emu. )J C--F ( &*JS 76,c,t _M.G� C-- l A.)G S . OUL]2� 2C-r-Ae* (-►o g . C=T c . 9. It is proposed that the following buildings will constructed: ,vo,v A- c� of o O PLO 10. The following are all of the individuals, or corporations owning property adjacent to both sides, in front of (also across street from) the property where requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14-DIGIT NUMBER.) NAME Address 2 C ox 1 vA as U o Property ID#S q -A' - CO-`7 AsSocx��,on �or khc Address _Dec,cs { Fry VA as e �ck� Property ID# yo _ _ O - ' N �.` ► Address w a !-ax. �� b Property ID# ,y ODo- A- C)Dc)O- $ �A 'T P.a Qn Address W -n A as uc) Property ID# Stl OD - A - o00 - Oo - Asscycvc -�or 44'`e- 1�ce Sec v0.-k�or� �� G�,1 Address k r. Fc -qt. Aos c. o . Kr bUc vA aayo Property ID# ti 000- A- - oo IBA Mc�U41 JeM�eleS Address mil. d. LD Q-. NA as [Property ID# - - O O - Zoe 'IA NAME Address�11 Property ID#_ Coo -- I\ - COO - oo - (::) `c�� eo►1��r 0.rmS Try. � Address 3�13i Col . e� 111 2c� 17e1c�71cr,e v 2abDS Property ID#,t - A- ccao- C) k -5 Address C) x CA�� k vA 9 a 6@ J Property ID#yl . Off' 1_ �c )OC) C-) - - J �---- � • ,ass Address + `10 Dr�Ss Assoc�ak,on Property ID# -. ►3000- A- moo- C)\ -Slfl . Address Property ID# OC)OC) - C)i- 57 Address Property ID# Address --- -- - Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# )r-n 3 • �� -BOOK 4 44, I.,%E 'i � Ei ' •, / /ON -fly 0 N 10 � �� Gr 1190.5 a �v F W 1 4% C\ GrU IN ro u, Art" -' 17bhas ter I y� Ci fr(p .14. grog c 'z Das�n �\ Ga s ..• � a' Q 0 Q TEi,A ' 1 res ' 12�3. 660 C,t a WinW s/nr Forte/ o•b N0603/ 2O'E - ioo o7' b•c SC.j'FO /'� . - /co.,Co c•d S:F,IN 001Y - /Cacti d-o 'A'63'<8'4/'Y/ - /CU.Co' Area = 0-7-10 Aciva Ral�rned / 10 .SL^4LE I f o�� ' ;� !!. 4"� USE I.�ll�S '� • I l I I It .r,A 11. to-4 , rr J� 1/•: (: pfZ �� I rrr•• ..�r J' t r• ,• � �,Ir• . 0. 6 1 t" a Z Baer ? ReP��`' f Sfo►-i� e— N off- 5 c a �e se ,`,5e-f 0 ved Rep2.r 5ti op cv;b �o�Se- 12. Additional comments, if any: 7e-e 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 Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: )aceo) 0 0 a SHEET 1 OF 1 LINE BEARING DISTANCE L 1 N 89'07' 13" E 31.88' L2 S 1954'22' W 201.25' L3 S 33'45'5 W 277.16' L4 S 20r48'54" W 322.72' L5 S 25'47'39" W 171.84' L6 S 27'47'11 W 258.09' L7 S 27' 19'S W 488.79' L8 S 23 49'53" W 83.15' L9 S 09'03'33" W 3.61' L10 S 09'03'33" W 63.31' L11 S I-T20'32" E 55.86' L12 S 2734'5 E 157.68' L13 S 15'12'41 E 33.45' L14 S 1720*52" W 4.99' L15 S 1720'52" W 46.39' L16 S 5738'24 W 57.07' L17 S 26'10'5 W 92.95' L18 I N 63'49'03" W 30.00' IRS = IRON REBAR (SET) o = POINT CENTERLINE OF A 60' WIDE RIGHT-OF-WAY OVER THE PROPERTY CONVEYED TO T.P. GOODMAN & SUSAN M. GOODMAN IN DEED BOOK 828 PAGE 1531 PARCEL 1, TRACT 1 SCALE. 1" = 400' DATE: APRIL 25, 1997 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA LINE BEARING DISTANCE L1 S 63'49'03" E 7.59' L2 S 38' 12'42" W 628.46' L3 S 51'32' 1 E 178.58' L4 S 41'01'04 W 294.39' L5 S 41'01'04" W 588.68' L6 S 81'40'24" W 44.98' L7 S 08' 19'3 E 315.98' o = POINT IRF = IRON REBAR (FOUND) CENTERLINE OF A 20' WIDE WATERLINE EASEMENT OVER THE PROPERTY CONVEYED TO - T.P. GOODMAN & SUSAN M. GOODMAN IN DEED BOOK 828 PAGE 1531 PARCEL 1, TRACT 1 AND PARCEL 2 SCALE: 1' = 400' DATE: APRIL 25, 1997 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Ebert and Associates ROGER L. & RUTH B. McBRIDE 43-A-157 515/623 CENTERLINE OF 60' WIDE L4 RIGHT-OF-WAY L5 �j L6 11.040 AC. L7� j L8 IRS 9 L1 L11 L12 CITY OF WINCHESTER L1 \ L13 54-A-88A IRE 0.230 ACRES IRS-' Lir An H. dabrw HavMnm 400datm Ltd. Commmy rmnDW 35 W. BOSCM" STREET W94CHESTER, VA 22001-4740 TEL 540-M7-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 REDBUD ROAD (VA RTE 661) L1 ASSOCIATION FOR THE PRESERVATION OF CIVIL WAR SITES, INC. 54-A-88 849/ 1173 1 100.000 ACRES 20.000 AC. 11.040 AC.--) til r1� CITY OF WINCHESTER IRS 54-A-88A 0.230 ACRES o LEE A. E RT �'; / L1 CERTIFICATE No. / 484 V--±-"'rOO.000 ACRES / 1w L3 20.000 AC. CENTERUNE OF 20' WIDE WATERLINE EASEMENT EXISTING 50' BY 50' ASSOCIATION FOR RIGff-70 L7 COMM. OF VA. THE PRESERVATION Ln 275/165 OF CIVIL WAR 1"I IRF SITES, INC. I 0054-A-88 849/173 NOTES: 1.) BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY EBERT do ASSOCIATES ON APRIL 25, 1997. 2.) MIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3.) NO TITLE REPORT FURNISHED. IRS = IRON REBAR (SET) PT = POINT IRF = IRON REBAR (FOUND) MANUEL G. & FLORINE T. SEMPELES 54—A-86 353/278 /OQIT pO1Q RESIDUE OF GOODMAN 11.040 AC. 54—A-88A CITY OF WINCHESTER 1 54—A-88A 0.230 ACRES \ N 18'28'40" E \ 36.76' POINT OF BEGINNING IRS IRS IRS � S S 80*41'11" E ` N 5238'24" E \ 55.09' IRS / 114.78' RESIDUE OF GOODMAN //IRs 1 S I IRS N 26' 10'S7" E 100.000 AC. j SHED 100.00, 54—A-89C // S 63'49'03" E 100.00, �A SMOKEHOUSE O 7 / // NEW 20' WIDE a WATER LINE EASEMENT DWELLINGS �> OV7$U2 DI NcS IRS / O O O ,SOAK w RESIDUE OF GOOD 100.000 AC. 54—A-89C L E E A. E, C"ERTIFICATE No. Ar " iV/✓L,Vi/ i AND V RESIDUE OF GOODMAN 100.000 AC. 54—A-89C 20.000 ACRES 54—A-87 PORTION OF THE LAND CONVEYED TO T.P. GOODMAN & SUSAN M. GOODMAN IN DEED BOOK 828 PAGE 1531 PARCEL ONE - TRACT ONE SCALE: 1' = 200' DATE: APRIL 25, 1997 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA Ebert and Associates a H. Aubrey H,awklm Amooiatee, Ltd. Company LAND SURVEI'NG LAND PLANtr rw DEVCIA gWMI 35 W. BOSCAWEN STREET WINCHESTER, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 �oQnAo 1�- I One of our goals at Encore Special Events is to make your holiday event season not only easy but enjoyable as well. In order to do just that we've developed our 3 Great Christmas Ideas. Each is designed to take the stress and work out of your holiday obligations. We've made arrangements for children ages 5-12 to take a visit to Santa's Village where Santa himself lives and works. Each child will be able to participate in several hands-on workshops and activities taught by Santa's best elves. These include making gifts for a special friend, face painting and cookie decorating Santa's Kitchen as well as others. There will be a storytelling session with Mrs. Claus and an opportunity for each child to fax Santa a personal letter and receive a reply. The sessions end with a light meal and each child takes home gifts from the event in a special bag. Saturday, December 6th, 10am-12pm and 1pm-3pm and Sunday, December 7th, llam-lpm and 3pm-5pm. Call for reservations. ,'Special Holiday Lunch At Hackwood'i q What a great way to show your appreciation! Bring your staff, your secretary or a special client to our elegant Christmas buffet at Hackwood Plantation. We'll have the home i beautifully decorated in the Southern Tradition with a meal to match. Chesapeake Bay Crab Soup, Carved Oven Pit Brown Sugar Ham, Carved Roasted Turkey, Eggplant Parmesan, Old Fashioned Stuffing, Corn Pudding, Potato Cheddar Cheese Bake, Green Beans Sesame, Greens Salad with Red Wine Vinaigrette, Fresh Baked Breads, Chocolate Sour Cream Bourbon Cake with Caramel Whipped Cream Icing, lce Tea and Coffee Be sure to call for reservations for Tbesday December 16th or Tuesday, December 23rd From 11am-3pm. $15.99 per person includes gratuity, tax extra. �-Specialty Gift Baskets', We've designed 3 great gift baskets just for holiday giving with a price range that's affordable for everyone! • Wonderful sliced and toasted Coconut Bread, a real treat, in a basket or tin Just $24.00. Our best selection of Traditional and International Christmas cookies. They are s000 good! Just $39.00 • The best of both —a great combination of our Famous Pound Cake, Coconut Bread and assorted Traditional and International Christmas Cookies All for just $59.00. Ask us how to customize your own. Shipping and handling extra, volume discounts available. All fresh from Encore's own bakery. n- e o r e Call today for details �.-.d 800.365.8021 or 540.667.5956 LINE ANGLE DISTANCE L1� S 0958'4 E 165.34' L2 S 13'27'23" E 210.39' L3 S 7632'50" W 280.00' L4 N 73"1 7'2!5r E 149.42' L5 N 55'57'0 W 582.19' L6 S 5238'24 W 15.28' L7 N IZ20'5f E 4.99' L8 N 15' 12'41 W 33.45' L9 N 22'34'5 W 157.68' L10 N 13'20'32" W 55.86' L11 N 09*03'3Y E 63.31' L12 N 56'09'0 W 470.57' L13 N 89'41'03 E 305.35' L14 N 18'54'22" E 1 186.55' L15 N 89'07' 14" E 60.00' IRS = IRON REBAR (SET) ROGER L, & PT = POINT RUTN B. McBRIDE IRF = IRON REBAR (FOUND) 43-A-157 515/623 JJJA ASSOCIATES \ 43-A-156 548/333 li3 SHEET 2 OF 3 REDBUD ROAD (VA RTE 661) IRF L15 POINT OF IRS BEGINNING IRF IRS / /j I. FRED STINE JR., TRUSTEE IRS k3 43-A-157 515/623 / \ h / Sys ��/tiFN�FI \ q�86 T S c IRS IRS IRF \ \ >> 0 EXISTING 50' �s`�p) ��0 qCO�� WIDE R/W COMM. OFF VA. 275/165 1 \ 1 \ z \ THESE DEED LINES ARE w HEREBY VACATED (828/1531, / to PARCEL 2) w / IRS r NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY EBERT do ASSOCIATES ON APRIL 25, 1997. 2. THIS PLAT IS SUBJECT TO EASEMERTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. BOUNDARY LINE ADJUSTMENT PROPERTY CONVEYED TO T.P. GOODMAN & SUSAN M. GOODMAN IN DEED BOOK 828 PAGE 1531 PARCEL 1, TRACT 1 AND PARCEL 2 SCALE: f = 400' DATE APRIL 2% 1997 STONEWALL DISTRICT il FREDERICK COUNTY, VIRGINIA NEW 60' WIDE 1 M Ln m RIGHT-OF-WAY � -.0 �_ OVER EXISTING / DRIVEWAY / J _ Wn� L4 O 1 0.000 0 RS L11 PT-�L10 A CRE PT� L9 54—A-89C PT. \ L8 L7 — IRS \ 1 1 \� DO 0O I-C // F NEW 20' WIDE WATER LINE EASEMENT OVER EXISTING \ WATER LINE EXISTING 50' BY 50' RIGHT-OF-WAY COMM. OF VA. IRF 275/165 IRS /' co'vw F0, s �q\9�,�FA IRF ' o 9/�slil IRS o L A. E.! ART U CFRI-IFICAFE No. nert and 38 W. Boscmvm STrw WI CHES1ER, W 22601-4740 TEL 540-M-3233 FAX 540•-667-9106 ttXl WE 1-800--755-7320 NOTES: 13n« i [ yr I-) BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY EBERT do ASSOCIATES ON APRIL 25, 1997. 2.) THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3.) NO lTrLE REPORT FURNISHED. IRS = IRON REBAR (SET) PT = POINT IRF = IRON REBAR (FOUND) N MANUEL G. & FLORINE T. SEMPELES 54-A-86 353/278 I. FRED STINE, JR. TRUSTEE IRF POINT OF 43-A-154 830/ 1 1 19 BEGINNING 4A5�1 SS � 25 �O 9o�F IRS N 131, O RIGHT-OF-WAY COMM.t RESIDUE OF GOODMAN 5/165 VA. ¢'oz�• 120.000 AC. rn -- IRF 1p 0<v P Q4 1 1.270 -' ACRES so, IRS {y PT' 1 RESIDUE OF GOODMAN CITY OF WINCHESTER 120.000 AC. �ss54-A-88A VT- 0.230 ACRES \3 THESE DEED LINES ARE HEREBY VACATED. \ PT. LINE BEARING DISTANCE L1 S 09'03'33" W 63.31' L2 S 13'20'32" E 55.86' L3 S 2734'5 E 157.68' L4 S 15' 12'41 E 33.45' L5 S 12'20'52" W 4.99' L6 S 5238'247 W 99.51' L7 S 2610'S W 100.00' L8 N 63'49'03 W 100.00' L9 S 18'28'4C W 36.76' L10 N 80'41'11 W 55.09' BOUNDARY LINE ADJUSTMENT OF THE LAND CONVEYED TO CITY OF WINCHESTER IN CHANCERY BOOK 35 PAGE 142 AND THE LAND CONVEYED TO T.P. GOODMAN & SUSAN M. GOODMAN A PORTK)N OF TRACT ONE - PARCEL ONE, IN DEED BOOK 828 PAGE 1531 SCALE: 1' = 200' DATE: APRIL 25, 1997 STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA L L4 IFS L9 / \ V IRS L10 \ IRS / S v /NEW 20' WIDE IR WATER LINE EASEMENT / / IRS IRS RESIDUE OF GOODMAN 120.000 AC. -)LEA �. GERTIFICATt" PI �. •� a 4&T LAND 5�1 Yam. Ebert and Associates An H. Aubrey Hawkins Associates, Ltd. Company LAND SURVEYING LMO PLANNING DEVUDPMEHT 35 W. BOSCAWEN STREET WINCHESTER, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 y L" 0 day Spring Center society devoted to ending animal suffering through nationwide public education and spay/neuter assistance programs. " August 21, 1996 i-A - 1--.1 County of Frederick, Department of Planning and DevelopSbntk, 9 North Loudoun St. t�� �`�41��� Winchester VA 22601 A purpose Statement by Pat k Susan Goodman A„ R�4 ,� To Whom it May Concern, � �;;�, nr5;� Susan and i have been in the Winchester%F'redericx county for all the time we have been together, some 22-r years. Our love of the area, the countryside and the people is a basic part of why we live and have our banking and commercial ventures here. Over the years we have prospered, and managed to combine our 'lives and hobbies, one of them being restoring historic properties, and Susan`s lifelong ambition has been to work with and improve the lot of companion animals, with special attention to house cats. Susan had started her animal program in Charles Town, West Virginia, at first working out of a corner in her auto parts store, and looking for a suitable -warehouse/office space in the Charles `town area. When the Hackwood property became available, we decided that at would be the perfect way to combine our interests, ie, restoring a magnificent property and having a building with sufficient room and ambiance for her program, known as Spay Today, Inc. After ail, we reasoned, why spend a lot of money for a warehouse property, when for a little more we could have a showcase? We purchased the property, became a non profit organization chartered in Virginia, and began. Like all organizations, regardless of the good intentions and actions, there is a need for funding, one of the reasons this area is rapidly losing some of the finest examples of historic architecture is that while they are reminiscences of a bygone time of splendor, they also are hardly efficient to live in, and frightfully difficult to maintain. Toward tnat end, we nave begun to put together business plan and a fund raising program, including sales of donated items, a mail order program for educational materials, a small (one top floor bedroom) gift shop, and the leasing of the mansion and grounds for events such as weddings, retreats, and business meetings. Of course anytime the use of a property is changed, there are 534 Red Bud -Ikpad • Winchester, Virginia 22603 • Phone (540) 665-2827 community worries about the usual things. The usual w things like: increased noise, traffic, pollution, loss values. To adequately address the items, let me begin what we are and, perhaps more importantly, what we are �'.•ie�s' incluai; by pointing out not. We are not: A 'shelter. The basic premise of Spay Today, Inc, is that the traditional 'shelter' is an unworkable and outdated concept. if we wanted to 'collect' and house cats, we could till this house, and many others in a matter of days. When the Frederick county shelter opened for cats, they were at capacity within hours. True, we do have several cats (and one large old 'house dog') residing at the property, and while the number changes from time to time, it is never more than the number of cats which live at our residence. "Lest people think that such an arrangement will lead to one of the stories that commonly surface about weird old ladies with unkempt i1i smelling houses (such as the North Loudoun house some months ago), our personal residence was on the 'House and Garden Tour' in 1995, and there certainly was no problem. The few kitties we have are constantly being rotated in and out,as they typically are animals left behind when someone moves or dies, and we find them new homes. We are: An organization that spays and neuters cats and dogs, and in the over 4,000 animals that have passed through our operation, no more than a dozen have ever been on the premises. The majority of our work is by mail and telephone, as we are the 'arrangers' of, not 'performers' of any surgery or animal care for animals that are not part of our immediate 'family' We are not: 'Animal activists'.or 'humaniacs'. You will never see our people parading around throwing rocks and defacing storefronts. We have better and far more productive ways of getting our names and organization into the media. We are: The largest only source for educational material on animal care, population control, and related subjects for the educational community in the United States. Our library of books, video tapes, pamphlets, posters and information on animal issues is the most complete in the list that the Humane Society of the united States files. The important part of this dissertation is to note that the vast majority of our contacts with customers is by phone, Fax, and the US Postal service. As a result the impact on the ecosystem and neighbors is for all practical purposes, non existent. As mentioned above, the upkeep and maintenance of a property of this magnitude is enormous, (currently we are repairing the original shutters, each consisting of many slats of wood with carves ends which fit into holes in the outer edge. Rather than replace them with vinyl 'universal', we are repairing them, one at a time. There are more than 41 windows, each with two shutters) and because the property had been occupied by a variety of 'developers' and third party people for many years, there was immediate danger of major structural problems when we acquired the property. All of the above requires income, and it is our goal to obtain that income with the least possible impact on both the property and the surrounding area. It is unfortunate that we must search outside the animal kingdom for additional income. Toward that end, we have arranged to use the mansion and grounds for such functions as weddings, wedding receptions, corporate retreats, picnics, and other .social gatherings. To avoid confusion, overlapping events, and problems with property damage, these functions are handled entirely by Encore Special Events. Others sources of income would be from sales of donated items and the sales of incidental items from our one -room gift shop. Consider this: We have taken a property that has been neglected for years, on a forgotten historical property, and in just a few years turned it into a show place for the area. Our functions produce no noise over the sound of (unfortunately) interstate 81. Traffic is at a minimum, especially when compared with the traffic generated by Redbud School. There is no trash beyond what would normally be generated by a typical large family in a similar home. By being at the end of a long drive, none of the events held at the mansion is visible from the public roads. (It is possible to see the front entrance from I-81, although the traffic doesn't seem to slow for the view) It would be hard to imagine a better use for this unusual property, which languished for years, through two forclosure actions, several bankruptcies, and a distress sale, before its resurrection to the current use. We trust that the above explanation and uses will find favour with all concerned, and as always, we welcome your suggestions for ways to be of more benefit to the community and surrounding area. Sincerely, c� c.�,� d��✓` I December 3, 1997 Mr. T. P. Goodman 685 North Loudoun Street Winchester, Virginia 22601 Dear Mr. Goodman: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 During our on -site meeting at your property on December 1, 1997, you expressed concern with your ability to determine an accurate cost estimate for improvements that may be required by various state and local agencies for the referenced project. In order for you to determine these requirements, I would recommend that you make arrangements to participate in a meeting with the Frederick County Technical Review Committee (TRC). The TRC is comprised of representatives from the various state and local agencies that review all development plans. This committee was established to advise individuals of specific requirements that will have to be met for development proposals. An engineered development plan does not have to be prepared to present to the TRC; however, a sketch plan that demonstrates the general layout of the site with information regarding current site conditions should be prepared for discussion purposes. The TRC meets the second and fourth Thursday of each month at 10:00 am in the conference room of the Frederick County Planning Department; however, there will only be one meeting on December 11, 1997 due to the Christmas holiday. You may schedule a time to appear before the TRC during this meeting by contacting Mrs. Rhonda Sargent by 12:00 pm on Monday, December 8, 1997 at 665-5643. Please contact me if you have any questions regarding the information in this letter. Sincerely, Evan A. Wyatt, Deputy Director cc: Technical Review Committee Agencies bc: Board of Supervisors U:%EVAN\C041 MOMCORRFSP:000 DMA?l.LTR 10" North bent Street • Winchester. Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 M irIfIc r! JAI Jr PUIBL 1C i-!Emit!! G, January 9, 1998 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OFT. P. AND SUSAN GOODMAN, CONDITIONAL USE PERMIT #010-97 On behalf of the Frederick County Board of Supervisors, you are hereby notified of an additional public hearing being held on Wednesday, January 14, 1998, at 7:15 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the possible continuation or revocation of the conditional use permit of T. P. and Susan Goodman to conduct the following activities: social center, catered functions, tours, meetings, outdoor recreation, etc. The property is located at 534 Redbud Road and is identified with Property Identification Number 54-A-87 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Eric R. Lawrence Planner II ERL/cc 107 North Kent Street • Winchester, Virginia 22601-5000 j , , 1 0 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: i 54-A-87 T.P. & Susan Goodman 'P.O. Box 1325 Winchester, VA 22604 54-A-88 - Association for the Preservation of Civil War Sites 305 Charlotte Street, Attn Den Fredericksburg, VA 22401 54-A-86 Manuael G. Sempeles 412 Redbud Road Winchester, VA 22603 55-A-3 Charles W. Huntsberry 611 Handley Avenue Winchester, VA 22601 C�lI[�711i�/1-a1+/ �3eThL� 1-019111 43-A-154 I. Fred Stine, Jr., Trustee 3438 Cobbler Mountain Road �' Delaplane, VA 22025 43-A-156 J J J A Associates I c/o Driggs Assoc. 8700 Ashwood Drive Capitol Heights, MD 20743 43-A-155 David Bragg P.O. Box 174 Clearbrook, VA 22624 43-A-157 Roger & Ruth McBride 506 Redbud Road Winchester, VA 22603 Frederick Co. Planning Dept. I, Lx'�1-Irl 1_`�C� n rici ( I , a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Planner II, for the De artment of Planning and Development, whose name is signed to the foregoing, dated • .9 8 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this qih day of 8 My commission expires on,A ) I t an L1 � , 199 l , 'L�.jj TARY PUBLIC Goodman CUP CUP #010-97 The following items were confirmed on January 7, 1998 Virginia Department of Transportation According to Mr. Steve Melnikoff, VDOT informed Mr. Goodman that an entrance location and design should be agreed upon by December 31, 1997, in order to comply with the Board of Supervisors's deadline and in order to avoid charges being filed as the site continues to use an illegal entrance onto Red Bud Run Road. As of December 31, 1997, the site continues to violate VDOT's entrance requirements; Mr. Melnikoff is preparing to write the violation letter and contact the Commonwealth Attorney's office. Mr. Goodman has selected Tim Painter of Painter -Lewis, P.L.C. to engineer the entrance onto the site. As of January 6, 1998, Mr. Painter has outlined two alternatives for safe ingress and egress from the property. Both alternatives will require easements on the property located just east of the Goodman site. Neither alternative has been formally submitted to VDOT for review. VDOT will proceed with issuing the violation letter. Lord Fairfax Environmental Health District (Health Department) According to Mr. Karl Evans, a blank pump and haul application has been mailed to Mr. Goodman for his use. To date, this application has not been formally submitted to the Environmental Health District office. At Mr. Goodman's request, the Health Department will allow the existing residence to continue to use the existing drainfield on this property, for residential use only. All other sewage uses will be required to use an approved pump and haul tank. As for food preparation, the Health Department has been assured that public water is available on this site. Therefore, there is no objection to food preparation on the site. � it- i4-q7 roodmoet �o s mot, 0 CONDITIONAL USE PERMIT 1010-97 OF T. P. AND SUSAN GOODMAN TO CONDUCT THE FOLLOWING ACTIVITIES: SOCIAL CENTER, CATERED FUNCTIONS, TOURS, MEETINGS OUTDOOR RECREATION, ETC. THE PROPERTY IS LOCATED AT REDBUD ROAD AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 54-A-87 IN THE STONEWALL MAGISTERIAL DISTRICT. (POSTPONED FROM OCTOBER 7 1997 BOARD MEETING) - PERMISSION GRANTED TO CONTINUE OPERATING UNTIL DECEMBER 31, 1997 Mr. Andy Evans, zoning administrator, appeared before the Board and brought the Board up-to-date on this request. Mr. Tierney, planning director, explained to the Board that, as of this date, Mr. Goodman is operating illegally; therefore, he cannot be issued a business license. A lengthy discussion followed wherein Mr. Goodman told the Board he would not do any up grades on his entrance. It is his understanding that the City of Winchester would be upgrading this in the future due to the fact that they use this same entrance in + order to get to � Springs which they own and is located in close proximity to Mr. Goodman's property. Mr. Goodman advised the Board that the Health Department requirements were no problem as far as he was concerned. At this time Mr. Orndoff moved to deny this CUP request. There was no second to this motion. Mr. Orndoff withdrew his motion. Mr. Orndoff at this time moved to postpone a decision on this request until details can be worked out with VDOT and the Health Department with the understanding that these details be finalized by December 31, 1997. vote: The above motion was approved by the following recorded - 10 - COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 December 3, 1997 W. T. P. Goodman 685 North Loudoun Street Winchester, Virginia 22601 Dear Mr. Goodman: During our on -site meeting at your property on December 1, 1997, you expressed concern with your ability to determine an accurate cost estimate for improvements that may be required by various state and local agencies for the referenced project. In order for you to determine these requirements, I would recommend that you make arrangements to participate in a meeting with the Frederick County Technical Review Committee (TRC). The TRC is comprised of representatives from the various state and local agencies that review all development plans. This committee was established to advise individuals of specific requirements that will have to be met for development proposals. An engineered development plan does not have to be prepared to present to the TRC; however, a sketch plan that demonstrates the general layout of the site with information regarding current site conditions should be prepared for discussion purposes. The TRC meets the second and fourth Thursday of each month at 10:00 am in the conference room of the Frederick County Planning Department; however, there will only be one meeting on December 11, 1997 due to the Christmas holiday. You may schedule a time to appear before the TRC during this meeting by contacting Mrs. Rhonda Sargent by 12:00 pm on Monday, December 8, 1997 at 665-5643. Please contact me if you have any questions regarding the information in this letter. Sincerely, /j Evan A. Wyatt, � eputy Director cc: Technical Review Committee Agencies be: Board of Supervisors U:IEVANXCO M M ON \CO RRES MGOO DMAN. LTR 107 North Kent Street - Winchester. Virginia 22601-5000 Lord Fairfa Environmental Heat District . ct 107 N. Kent St. " P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and. City of Winchester November 17, 1997 RE: Hackwood Sewage System Pat Goodman 685 North Loudon St. Winchester, VA 22601 Dear Mr. Goodman, I have reviewed your letter to this office dated November 13, 1997. I have also received a copy of a letter that was sent to you by Mr. Robert Holmes. I understand that you are working within a limited time frame, therefore I am attempting to get instructions to you as soon as possible so that you can continue with the required process. As with all health department customers, an application along with a specific proposal and site plan must be received by this office before we can complete the necessary evaluations. Depending upon your proposal, fees may be required. If soil documentation from a soil consultant is being submitted, the evaluation must be completed using back -hoe pits. Evaluations with a auger will not be accepted. For your convenience, a blank pump and haul application was given to your representative on 11-14-97. A complete pump and haul application must have the signature of 1) a Virginia licensed sewage handler, 2) the Executive Director of the Frederick -Winchester. Service Authority, and 3) Mr. John Riley, Frederick County Administrator. You must also submit information pertaining to the containment unit that you will be using for our review. When you return your completed application along with a specific proposal and site plan, this office will process your request as soon as possible. If you or your agents have any questions, please call at any time. �Sincerely, Karl E. Evans Environmental Health Supervisor day Spring Center society devoted to ending animal suffering through nationwide public education and spay/neuter assistance programs. " November 13, 1997 Mr. Frank R. Lee Environmental Health Specialist Senior Winchester -Frederick Co. Health Dept. Sir, Enclosed is a brief summary of my ideas for the sewage system for our Hackwood property for your comments. I would like to start by referring to the letter dated October 2, 1997 from Andrew Evans to the Board of Supervisors. Please note that this letter, dated 10/2/97 was postmarked Friday, October 3, we received it on Monday, October 5, with the hearing being scheduled for Tuesday, October 10. Consistency is a BOS strong point, for the previous meeting, Tuesday, Oct 7, the official letter notice was also posted Friday, Oct 3. In your letter to Mr..Evans dated September 23, you state that you have determined that the present system is designed for a 3 bedroom house, and could presently accommodate parties of up to 90 people. You then refer to Article 6, Section 4.33 B.3.c which authorizes portable privies for 'mass gatherings--- ect, where temporary facilities are required. Without delving into definition of 'temporary' uses, let me state that the idea of events of the type we have, ie, weddings, corporate picnics, ect, we certainly would like to not have the ambience of 'Johny Blues' dominate the landscape. If you will check the minutes of the meeting of October 7, where we presented the water bills for the last 20 months, you will find that with the exception of the two months where we irrigated the lawn (the Dupont's had a special request that the lawn should be 'green' for their daughters wedding reception) with metered city water, our average total usage for the last 20 months has averaged approximately 3,700 gallons per month, just barely over the mininxmum billing amount. Our two busiest months, November and December only totaled 4,500 gallons each. The net effect is that the current system, with the low total volume, 534 Red Bud Road • Winchester, Virginia 22603 • Phone (540) 665-2827 T • • J the usual 5-6 days mid week in which there is virtually no on site water usage, and the complete lack of non digestible solids such as nylon blanket 'fuzz' (there are no on -site washing machines, except for the one full time and one part time labor force washing their personal coffee cups, there is no dishwashing) has relatively little demand placed on it. We contacted M. Robert Holmes just after the October i DOS meeting,, as well as several septic system installers to evaluate our options as to the placement of drainfields that would be required to accomodate up to 300 guests per event. Because of the historic nature of the grounds and the 200 year old landscaping, Mr. Holmes and T elected to drill several 1:�- and 311 holes rather than bring in heavy machinery to make the preliminary tests. Mr. Holmes reccomended a total of 3,200 additional feet of drainfield, and during our rather manual inspection of soil quality we discussed alternative measures, searching for something that was both cost effective, reliable, and distressed the landscape as little as possible. Several alternatives were discussed, and our thoughts centered upon a holding tank of approx 5,000 gallons (this would in itself be more that the total flow of our highest month to date) situated adjacent to the current septic tank which would come into use only when the existing 2,000 gallon tank would be at capacity. A minimum of monitoring to establish average usage would allow us to ensure that there would be adequate storage space for any upcoming event._ (See attached letter from Mr. Holmes) My preliminary research indicates that there are no readily available 5,000 + gallon tanks locally available, the recommendation of several septic tank manufacturers is to 'gang' several 1,200/1,500 gallon tanks in parallel. Aside from whatever the actual regulations are, it would seem to me from a practical engineering point of view best to use one adequate sized container from the viewpoint of ease of installing suitable guages/alarms, less connections, and the ease of completely emptying when required. We have determined a suitable site, adjacent to the existing tank, allowing for gravity flow, (a pump failure/power outage could ruin a fairly solemn wedding, and with my -mechanical experience there is a certainty of who would be called upon for repair. Motor oil is bad • • enough) convenience of service, and minimum impact on the terrain. Additionally, the site is 'downstream' of all current and projected water handling areas. From a practical engineering point of view, it would seem that a round tank with a slightly concave bottom, slightly domed top, (perhaps a fiberglass or formed in place reinforced concrete) would present the least challenge to fabricate. A quick computation indicates that a tank with an inside diameter of 10 feet, with a height of 8 feet would contain slightly more than 5,000 US gallons. If more capacity is needed, each additional foot of depth would add approx 624 gallons.. I have contacted a certified civil engineer to prepare preliminary drawings for your comments. Because of the time constraints the BOS has imposed, ie, proof of ongoing work in progress by the end of December 1997, as they say in the legal trade, 'Time is of the Essence'. Should you need to contact me, I may be reached by phone at: 540-667-7175, by Fax at 540-665-2025, and should those attempts fail, 540-665-2827. If you must leave a message, please identify yourself as the 'Health Department', I have instructed everyone concerned to make themselves and myself available if at all possible. cc: Anarew r.vans James Longerbeam Edward Yost P. .F--/ Yt ICJI I IILC�I �I IC. t i . dox,13, Siniut Run Lane a 22646 (7031,837.1740 PltcVlcal aelE fiOrlr F•�, ,►yfOf cn •"r:15IC:vater Learreld Analysis 1 {nterpretati:)ns • Soil Surveys November 12, 1997 RE: HACKWCCC Pat &Susan Good-nan Hackwood, Winchester Va Winchester Va. 21601 Dear Mr&Pvtrs. uoc;I.irnan, PVC performed a sc1l and site evaluation on the above noted property in Frederick C ounty. Based on our evaluation of soils on the property with a soils auger, it is my opinion a backhoe would be required to do more extensive soil evaluation. Some options to be considered are a recirculating sand filter with chlorine and a dechloranator or al, aerobic treatment plant with ultra -violet light treatment. An experimental system such as an Aquarobic Filter Bed could be, usod. This system consists of an aerC;tJc treatment plant which pumps into an elevated sand mound. All of these systems are very expensive. The Most cost effective system would be the existing septic drainfield in conjunction with a pump and haul system. I reccomend that a 5 thousand septic tank with an alarm system be considered. If you have any que; Lions piease call. �Ancer ly, Robert L. Holmes, CPSS Soil Scientist �•EC Nt�slc7i �i�L n j hl 1,1141 V"A i"MC,; 1) Of A I it fit) 1';011; ,tij%,vj I pi i,i (,,t.jjj) iif A! !;A 'A 10 I.AAP •il:j 1.11) hj5jj:jtjl.qj, C11 it 1c1 I I;,K L. I S _tell 8 G 35,5/d"? R c;LEE A. E B.r T u ("L LEE Q-01FIFICATE No. 414 0 ♦ Y Af - ------ CANJ) sV OF G001 IM/ 14 / ���r�\ro`T4j U AC".�� \ o .1 A CHY 01' �4 ...A-- 88A A(,kCS N 11f28'40'* L ld.`�'IIDUE OF GOODMAN POINT of 100-000 AC. IRS IRS 54 S t,-O, I' I I" E \IR'S 1 14.78' IRS 11"il-kil, Of GUOI)MI1,41 2610'57- E K)';")-0()0 AC. Slit D 100.00, 63*49'03" E IRS / �`� �; V `,MoKI I IOLI',E- 20.000 ACRES 1`JI,W 20' '41011 '-1 -A vv WAI-P LINE I.A:iLMLNF >DWELLINGS \\ \ �� �` bra �. c c S IRS Cb PORTION OF THE S6-1 U44D CONVEYED TO 6. T.P. GOODMAN & SU'L--'3AN M. GOODMAN LZ IN DLED BOOK 828 PAGE 1531 [JAM11- ONE - TRACT ONE SCALEI 1* = 200' BATE: APRIL 25, 1997 1, STONEWALL DISTRICT RESIDUE OF GOOLA>OAN FW ' OURICK COUNTY, VIRUNIN 100.000 AC. Ebert and Associates 54-A-89C An H. Aubrey flawkIrs Associates, Ltd. Compam IRS i Amn Szmv"mr LAND r-Lrall"Irej ur-VLU Um 1 3: ,W. BOSCAWLN STREET WINUILSTLk, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 1011- FRd 1-800-755-7320 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Board of Supervisors FROM: Andrew D. Evans, Zoning Administrator ' SUBJECT: Conditional Use Permit #010-97, T. P. and Susan Goodman DATE: November 5, 1997 Discussion took place at the Board of Supervisors meeting held on October 7, 1997 concerning existing health facilities and proposed accommodations at Hackwood for the proposed use permit. Action was taken to defer the petition to the next Board meeting. Mr. Goodman was to meet with the health officials about his permit. A copy of a memorandum dated October 27, 1997 from Kelly Vanover, Environmental Health Manager, is attached for your information. Based on the Health Department's comments, staff would support their recommendation. Staff recommends the following conditions for approval of the conditional use permit: 1. Applicant will obtain approval from all agencies, including VDOT's requirement for a commercial entrance, and comply with their comments at all times. Construction of a commercial entrance with approval from VDOT shall be accomplished by June 1, 1998, or the conditional use permit becomes invalid. 2. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. 3. A site plan shall be submitted and approved by the County. 4. The applicant should make, application for a proposed system to serve the proposed use as per the.Health Department memo dated 10/27/97. Approval of the application, proposed system and installation should be completed on or before June 1, 1998. ADE/cc U:\ANDY\COMMON\97MEMOS\GOODMAN2.BOS 107 North Kent Street - Winchester, Virginia 22601-5000 1soLI2,D fine 04 _ � /,vim--���7��/✓ ------ - I An 0 • 1. Applicant will obtain approval from all agencies, including VDOT's requirement for a commercial entrance, and comply with their comments at all times. Construction of a commercial entrance with approval from VDOT shall be accomplished by June 1, 1998, or the conditional use permit becomes invalid. 2. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. 3. A site plan shall be submitted and approved by the County. Lord Fairfa?x Environmental Health District TO: FROM: SUBJECT: DATE: 107 N. Kent St. P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and Citv of Winchester Andrew D. Evans, Zoning Administrator Kelly Vanover, Environmental Health Manager Conditional Use Permit #010-97 for T.P. and Susan Goodman 3 October 27, 1997 !/� �1 The applicant is proposing to lease the property for events including weddings, wedding receptions, corporate retreats, picnics, and other social events according to the August 21, 1996 letter from the applicant. Food service for all events is to be supplied by Encore Special Events, a caterer based in West Virginia. Based on this proposal there will be no food preparation taking place on the property. The Health Department has no objection to this approach with the conditions that no onsite preparation of food takes place on the property and the caterer maintains a food handlers permit. The property is currently served by a septic -tank drainfield sewage disposal system. The Health Department does not have any records regarding the original design or permitted capacity of the system. Without the benefit of a permit specifying design capacity and information gathered from a cursory review of the system, the existing system cannot support the proposed use. The applicant has expressed interest in using portable toilets for temporary sewage disposal at these events. The Health Department requires that permanent sewage disposal be made available to establishments where events are held on a routine basis, as in this case. The preferred option for sewage disposal for this type of facility is public sewer. In the absence of public facilities, the applicant should install a new sewage disposal system to handle the waste generated from the proposed use. The applicant should work with the Health Department by submitting a proposal along with an application, if he decides to pursue this option. Overall, the Health Department cannot support the proposed use until adequate sewage disposal facilities are made available on the property. cc: Mohamed Khodr, MD MPH Lord Fairfaxltnvironmental HealthDistrict 107 N. Kent St. ePo, P. O. Box 2056 Winchester, Virginia 22604 ,y (540) 722-3480 FAX (540) 722-3479 \ akARTTF" Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester TO: Andrew D. Evans, Zoning Administrator FROM: Kelly Vanover, Environmental Health Manager SUBJECT: Conditional Use Permit #010-97 for T.P. and Susan Goodman'' DATE: October 27, 1997 The applicant is proposing to lease the property for events including weddings, wedding receptions, corporate retreats, picnics, and other social events according to the August 21, 1996 .letter from the applicant. Food service for all events is to be supplied by Encore Special Events, a caterer based in West Virginia. Based on this proposal there will be no food preparation taking place on the property. The Health Department has no objection to this approach with the conditions that no onsite preparation of food takes place on the property and the caterer maintains a food handlers permit. The property is currently served by a septic -tank drainfield sewage disposal system. The Health Department does not have any records regarding the original design or permitted capacity of the system. Without the benefit of a permit specifying design capacity and information gathered from a cursory review of the system, the existing system cannot support the proposed use. The applicant has expressed interest in using portable toilets for temporary sewage disposal at these events. The Health Department requires that permanent sewage disposal be made available to establishments where events are held on a routine basis, as in this case. The preferred option for sewage disposal for this type of facility is public sewer. In the absence of public facilities, the applicant should install a new sewage disposal system to handle the waste generated from the proposed use. The applicant should work with the Health Department by submitting a proposal along with an application, if he decides to pursue -this option. Overall, the Health Department cannot support the proposed use until adequate sewage disposal facilities are made available on the property. cc: Mohamed Khodr, MD MPH • • FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Frank R. Lee, Environmental Health Specialist, Sr. FROM: Andrew D. Evans, Zoning Administrator SUBJECT: Conditional Use Permit 9010-97 for T.P. and Susan Goodman DATE: October 15, 1997 At their meeting of October 7, 1997, the Frederick County Board of Supervisors deferred taking any action on Conditional Use Permit 9010-97 for T.P. and Susan Goodman until a future meeting, possibly November. Discussion during the Board meeting ranged from the existing sewerage system to a question of whether or not Mr. Goodman could arrange to have "Johnny Blues" to take care of the number of people over 90 at his events. The Board tabled this permit until Mr. Goodman can meet with the Health Department to work out a solution. I would like to formally request that you or a representative from the Health Department be present at the Board meeting when this conditional use permit is discussed and action taken. In the interim, I would suggest we contact Encore Special Events, P.O. Box 978, Harpers Ferry, WV 25425, (800- 365-8021 or 304-728-0700) to obtain a list of the events and the approximate number of people in attendance, or served, at functions contracted on the Goodman property (Hackwood). A time period from when they first started to the present would be most beneficial. Their figures, although approximate, would be more realistic for the Board to consider during their discussion at the November Board meeting. Please contact me so we may discuss this in more detail. ADE/cc cc: Kelly Vanover, Environmental Health Manager Lord Fairfax Health District 107 North Kent Street • Winchester, Virginia 22601-5000 FILE COPS TO: FROM: SUBJECT: DATE: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 MEMORANDUM Frank R. Lee, Environmental Health Specialist, Sr. Andrew D. Evans, Zoning Administrator /V1 Conditional Use Permit #010-97 for T.P. and Susan Goodman October 15, 1997 At their meeting of October 7, 1997, the Frederick County Board of Supervisors deferred taking any action on Conditional Use Permit #010-97 for T.P. and Susan Goodman until a future meeting, possibly November. Discussion during the Board meeting ranged from the existing sewerage system to a question of whether or not Mr. Goodman could arrange to have "Johnny Blues" to take care of the number of people over 90 at his events. The Board tabled this permit until Mr. Goodman can meet with the Health Department to work out a solution. I would like to formally request that you or a representative from the Health Department be present at the Board meeting when this conditional use permit is discussed and action taken. In the interim, I would suggest we contact Encore Special Events, P.O. Box 978, Harpers Ferry, WV 25425, (800- 365-8021 or 304-728-0700) to obtain a list of the events and the approximate number of people in attendance, or served, at functions contracted on the Goodman property (Hackwood). A time period from when they first started to the present would be most beneficial. Their figures, although approximate, would be more realistic for the Board to consider during their discussion at the November Board meeting. Please contact me so we may discuss this in more detail. ADE/cc. cc: Kelly Vanover, Environmental Health Manager Lord Fairfax Health District 107 North Kent Street - Winchester, Virginia 22601-5000 LI COUNT' of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Board of Supervisors FROM: Andrew D. Evans, Zoning Administrator SUBJECT: Conditional Use Permit #010-97 of T.P. and Susan Goodman DATE: October 2, 1997 Following the Planning Commission meeting of September 3, 1997, staff has concerns about the Health Department approval and VDOT's commercial entrance for Conditional Use Permit #010-97 for T.P. and Susan Goodman. Please find a copy of a letter dated September 23, 1997 from Frank R. Lee, Environmental Health Specialist Senior, regarding this conditional use permit application. This letter is to further clarify that the existing system at "Hackwood" will accommodate up to ninety (90) persons. The Planning Commission, at their September 3, 1997 meeting, struck Condition #2 that placed a limit of 300 individuals to be in attendance of the events scheduled at the site. Staff is of the opinion that the expected attendance at the events would more than likely exceed this number at least 50% of the time. The facilities should be of a permanent measure rather than temporary, or the use of Porta-Johns (chemical toilets). It is a general practice that Porta-Johns are used as an alternate method on occasion, rather than an ongoing basis. Staff believes that the applicant should pursue obtaining approval of a system that would accommodate an expected usage of 250 to 300 persons. Staff recommends that the applicant be limited to a maximum of ninety (90) persons per function held, as provided for by the existing septic system. The applicant shall be allowed to have attendance greater than ninety (90) persons once they obtain Health Department approval of the facilities. Staff also believes it is important to place a time limit on compliance with VDOT's requirement for a commercial entrance. We feel it would be appropriate to require construction of a commercial entrance with approval from VDOT by June 1, 1998, or the conditional use permit becomes invalid. 107 North Kent Street • Winchester, Virginia 22601-5000 CUP #010-97, Goodman Page 2 October 2, 1997 Staff recommends approval of CUP 9010-97 with the following conditions: 1. Applicant will obtain approval from all agencies, including VDOT's requirement for a commercial entrance, and comply with their comments at all times. Construction of a commercial entrance with approval from VDOT shall be accomplished by June 1, 1998, or the conditional use permit becomes invalid. 2. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. 3. A site plan shall be submitted and approved by the County. 4. The applicant The limited to a maximum of ninety (90) persons per function held, as provided for by the existing septic system. The applicant shall be allowed to have attendance greater than ninety (90) persons once they obtain Health Department approval of facilities to accommodate more than ninety (90) persons. ADE/cc U:\ANDY\COMNION\97NIENIOS\GOODNIAN.BOS Lord FairfaxEnvironmental HealtAbistrict 107 N. Kent St. ram. P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of- Clarke, Frederick, Page, Shenandoah. Warren, and City of Winchester September 23, 1997 -� Andrew Evans Frederick County Planning Dept. �•;� �ti :�` =� Dear Mr. Evans, — This letter is written in response to your call to this office on September 15, 1997 asking for clarification of the Health Department Regulations as they pertain to the proposed Special Use Permit requested by the Goodman's for use of Hackwood for social functions. As I stated in my letter to you on September 3, 1997, the sewage disposal system that exist on the property is sized for a 3 bedroom residence and is designed to handle a maximum of 450 gallons a day. Using the Health Department Regulations for the proposed use of the facility a figure of 5 gallons per person was determined. Therefore that would mean that the system in use for the property would handle up to 90 persons per function. Mr. Goodman stated that he has a 2000 gallon system. He was referring to the size of his septic tank and not the drainfield area. It is the actual size of the drainfield, which determines the amount of capacity that a system has for disposing of wastewater. Therefore the Health Department can not approve the present system for use for more than the system is designed to handle. You asked for the Regulations that pertain to the use of portable toilets for use instead of permanent facilities. In the Sewage Handling and Disposal Regulations it states in Article 1. Section 1.8 C that, "All buildings, residences, and structures designed for human occupancy, employment or habitation and other places where humans congregate shall be served by an approved sewerage system and / or treatment works. An approved sewerage system or treatment works is a system for which a certificate to operate has been issued jointly by the department and State Water Control Board or a system which has been issued a separate permit by the commissioner." This would include the Hackwood property for the proposed use for social functions. ` • Page 2 •September 23, 1997 As to the use of portable privies the Regulations state in Article 6. Section 4.33 B.3.c "Portable Privies, Utilization. Portable privies are normally used in association with mass gatherings, construction sites, etc. Where temporary facilities are required." In discussing this regulation with Kelly Vanover, Manager for Lord Fairfax Health District, this is interpreted that portable privies are to be used for temporary events and not intended for continuous use. If a business or residence is to be utilized for ongoing use then an onsite sewage disposal system should be sized and installed for the proposed use. It is the recommendation of the Health Department that if Hackwood is to be used for social gatherings that the sewage disposal system be adequate for the number of persons to be expected to use the facility on an ongoing basis and then if they are to have a function that exceeded the system capacity then additional portable privies be brought in to handle the excess waste. If the Goodman's propose to use the facility for more than the present capacity of the existing system then they have the option of making an application for expansion of existing drainfield. If so then the Health Department would conduct a site and soil evaluation which would determine if additional drainfield could be installed to increase the capacity of the waste water system, or what other options may be available. Should you have any additional questions concerning this matter please contact me. Sincerely, Frank R. Lee, Environmental Health Specialist Senior Winchester -Frederick Co. Health Department PC REVIEW: 9/3/97 BOS REVIEW: 10/7/97 CONDITIONAL USE PERMIT #010-97 T. P. and Susan Goodman Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation, Etc. LOCATION: This property is located on 534 Redbud Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-87 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and RP (Residential Performance) District; Land Use: Residential and Agricultural. PROPOSED USE: Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation REVIEW EVALUATIONS: Virginia Dept. of Transportation: Existing private entrance(s) is inadequate for proposed use. Minimum sight distances are not obtainable at the property to allow for the construction of a commercial entrance without major reconstruction of the roadway. Therefore, we cannot support a conditional or special use permit for this property. Inspections Department: See attached letter dated April 11, 1997from John S. Trenary, Building Official. Fire Marshal: Access to all structures must be ensured at all times, for emergency vehicles. Health Department: See attached letters dated .March 10, 1997 and September 3, 1997 from Frank R. Lee, Environmental Health Specialist, Sr. 0 0 T. P. and Susan Goodman - CUP #010-97 Page 2 October 2, 1997 City of Winchester: Planning fully supports compatible uses which help preserve historic properties, particularly those which are related to the City -County Battlefield Network. Historic Resources Advisoa Board: The HRAB unanimously recommended that the CUP be approved. They did not mention imposing any conditions with the permit. Their comments suggested that the proposed uses would be less destructive to the historic fabric of the property than other possible uses. Planning and Zoning: The approval of a conditional use permit is requested by the Goodmans in order to use the property as a social center, have catered functions which may include weddings and wedding receptions, corporate retreats, picnics and recreational activities, and other social gatherings. Uses proposed for the property are not specifically spelled out in the RA (Rural Areas) listing, however; the proposed activities have characteristics which are covered by a combination of a number of those uses listed as conditioned. According to the applicants, all of the functions will be handled by Encore Special Events, a small company with a staff of wedding planners, bakers, chefs, floral designers, and event managers, as their brochure states. Staff has concerns with the private entrance in that minimum VDOT site distances are not obtainable, which would prevent approval of a commercial entrance. The health issues deal with the evaluation of an existing sewage disposal system, possible expansion of that system, or the installation of a new system. With the potential of large numbers of people in attendance at the functions, it is imperative that adequate facilities be provided. Should large numbers of people attend the functions, adequate parking facilities will be required to be provided, both for automobiles and buses. There is the potential for heavy traffic flow at times to and from the property which causes the need to have a commercial entrance and a adequate road to handle the traffic flow from the entrance to the residence. These issues can be addressed through the site plan. Staff would recommend approval of the conditional use permit providing the following concerns are addressed: * The applicant work with the Virginia Department of Transportation in locating a suitable a commercial entrance much needed for the potential automobile and bus traffic. T. P. and Susan Goodman - CUP #010-97 Page 3 October 2, 1997 * Work with staff on preparing a site plan which would show the entrance, available parking area for autos and buses, and other required information. * Obtain Health Department approval for the required sewage system or methods needed to accommodate the numbers of people that would attend the functions on the property. Staff Recommendation for 9/3/97: Staff recommends approval of this request with the following conditions suggested: 1. Applicant obtain approval from all agencies, including VDOT of a commercial entrance, and comply with their comments at all times. 2. Attendance at events be limited to no more than 300 individuals, including staff, and the applicant obtain approval fiom the Health Department for sewage facilities which will accommodate up to three hundred (300) persons. 3. Should any form of music be provided at the functions, it shall be between the hours of 9:00 a.m. and 9:00 p.m. 4. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. PLANNING COMMISSION SUMMARY & ACTION OF 9/3/97: Members of the Commission commended Mr. Goodman for his appreciation of the historic worth of the Hackwood property. One of the primary concerns of the Commission was that buses or vehicles do not park along Redbud Road and they stressed that all parking needs to be on site. They made sure the applicant was aware that VDOT had determined that sight distances were not obtainable for a commercial entrance without major reconstruction of the roadway. Commission members were also concerned that the sewage disposal facilities were adequate to accommodate the numbers of people anticipated. Mr. Goodman stated that he would bring in portable toilets for crowds larger than 100, which is the number of people his 2,000 gallon septic tank would accommodate. Commission members did not include any restriction on music as part of their recommendation for approval because they did not feel it would create a nuisance. T. P. and Susan Goodman - CUP #010-97 Page 4 October 2, 1997 The Director of the Virginia Department of Historic Resources at the Winchester location stated that the use of the property for corporate and community gatherings and events was compatible with the historic character of the Hackwood House and would allow community residents and visitors to enjoy and benefit from its historic preservation. A resident of Redbud Road, whose property is adjacent to Mr. Goodman's driveway, spoke in opposition to the proposed use of the property. She said that tour buses park and stay running along Redbud Road, putting out fumes and noise and creating a traffic hazard. She was concerned that large gatherings would be a disturbance and result in increased traffic. The Commission recommended approval of the conditional use permit with the following conditions: Applicant will obtain approval from all agencies, including VDOT's requirement for a commercial entrance, and comply with agency comments at all times. 2. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. 3. A site plan shall be submitted and approved by the County. The vote was as follows: YES (TO APPROVE): Miller, Stone, Ours, Thomas, Romine, Marker, Copenhaver, Light, Morris ABSTAIN: DeHaven (Mr. Wilson was absent.) 0 AAG E N DA S\COMMENTS\G 00 D M A N. C U P r1NAt rUf OOUNOMY L A1U5nf1A(f Or 171E PROPERLY COMfTFD fO: 'j'•I'. GOODMAN & SUSAN M. GOODMAN PORTION OF PARCEL. 1, TRACT 1 (93.390 AC.) AND PARCEL 2 (6.610 AC.) IN DEED DOOK 828 PAGE 1531 SIONEWALL DISTRICI, FREDERICK COUNTY, VIRGINIA T APRIL 25. 1997 PARCL L to. NUMOLR. 54-A-89C ZONED: RA (AGRICULTURAL) NO SCALE ;"il.11)R'S (:f 10If ICAIF - IIII:i I$ 10 CERIIfY 111A1 IIIL LAND IN IIIIS CON'i011VAf1pN I•; to, nt im IAIJII IN I'NiCll VA(f) A111' A 1'IIHIIf N 01 11if. LAND IN PARCEL ONE - IIUCt ONF A,,;FONVFYED 10 I.P. GOUDW11 AND SUSAN M. GD00AINT BY ULLD DAILU 13 OWNER'S CERNFICAIE: THIS DIVISION, AS If APPEARS ON THIS f,LAI, IS WIIII TIIE FREE CONSENI AND IN ACCORDANCE OF 111E UNDERSIGNED OWNERS, PROPRIETORS, OR TRUSTEES. WIIII THE DESIRES - S tom. _ '77 4_ / CNY/COUNTY OF NllrA4.34, STAIE or - ACKNOWLEDGED ACKNOWLEDGED BEFORE ME THIS �Ad DAY OF _ Q% NOTARY PUUEIC ------------ WINCIIESTER-FREDERICK COUNTY IfEIU.T►1 DEPARTMENT MY COMMISSION EXPIRES jD A FREDERICK COUNTY SUBDMSION ADMINISTRATOR s, `IF_r A. r1'•rRr Z Ebert andAn lie Aubre Hawkins �,990ClFiteB Gf_flrIHCAIF IN. �' llse LAN Aee...... ee LLd. Comp�y 484 T LAND SURVEYING LAND PUWNING ti .; �' ,<• / 35 W. ROSGIWEN STREET DEVELOPMENT A. 22601-4740 TEL 4O-667 3233FAX 540-667-9168 """ TOLL FRFF I_nnn_-mc r 1 77NA lUf. ;IILLI I OF 3 OOUNDARY 11NE A0JUSLTIENI CITY Or WINCI-IESTER CIIANCERY 1300K 35, PAGE 142 SUSAN M. GOODMAN T.P. GOODMAN & PORHON OF TRACT ONE - PARCEL ONE DEED BOOK 82.8, PAGE 1531 Al25, 1997 STONEWALL DISTRICT, FREDERICK COUNTY TARCE! 10. NUAIDIR: VIRGINIA 54-A--88A 70NED: RA (AGRIC(JETURAI ) bbl ! - i ORi1COl IE J T.'�'> )�;•I I•^�DP y i a•�r Imo_ N e V 1 661 . r No E i3Rrc ii 661 NO SCALE Uluan SURVEYOR'S CERTIFICATE: "ITS IS TO CERTIFY THAT 111E LAND IN INS CON'>OLIUARON IS AIL OF IIIE LAND (0.23 ACRFS) COINEIl_D 10 111E CITY OR WINCIIESICR BY CIUNCERY CAUSE DRIED 5 SEPIEMUER 1942 AND RECORDED IN CIWTCERY DOOK 35, PAGE 142 AND A PORTION OF TRACT ONE - PARCEL ONE OF 1IIE UND CONVEYED TO T.P. GOODMAIi do SUSAN M. GOODMAN BY DEED DATED 13 OCIOOER 1994 AND RECORDED IN DEED BOOK 828, PAGE 153 j/,/ LEE A. EBERT -_- OWNER'S CERNFICAIE: THIS fill UNDERSIGNED E AS N APPEARS ON THIS PUTT, IS WIUI"THE FREE CONSENT AND IN ACCORDANCE Wllll 1NE DESIRES OF 111E UNDERSIGNED OWNERS, PRO��ZO OR TRUSTEES. Cit o/{��W:vv/na r�Pr CITY/COUNTY OF ynyx5n,,2 STATE OF- ACKNOWLEDGED BEFORE ME TIIIS 29' DAY OF (-IAY NOTARY PUUI-IC MY COMMISSION EXPIRES.�-gd 4id�,716tr DOa WINCNESTER-FREDERICK COUNTY HEALTH DEPARTMENT FREDERICK COUNTY SUBDIVISION ADMINISTRATOR �. t n. Ebert and Associates 1?� An II. Aubrey Hawkins Ass001elee LW Comp GCRIrr RATE Pia. L%WD SURVEYING LAND PLANNING DEVELOPMENT r� 484 h 35 W. BOSCAWEN STREET �.i°. WINCHESTER, VA. 22601-4740 n TEL 540-667-3233 FAX 540-667-9188 ,-LAND 01 TOLL FREE 1-800-755-7320 NOTES: t L) ROUNW RY SHOWN HEREON WAS pEIERIAINED DY A HEIR 2.) RISE FIAT f5 SULUEE O 25, 1997. CT RUN SURYEY PERFORMED By To EUEq- J') mu TURNNILD. 1�14TS AND RESTRICRONS OF RECORD. IRS - IRON REBAR (SET) IRF — IRON RERARF (FOUND) MANUEL G. & FLORINE T. SEMPELES I• FRED STINE, JR. TRUSTEE 54-A-86 3531278 43-A-154 83011119 IRF POINT OF 445 1 E BEGINNING SS IRS N 50' WIDE Z RIGHT-OF-WAY COMM. OF VA, � / 275/I65 A7 ` ` \ IRF mrn \J \V 1 1- 2 0 ACRES RESIDUE OF GOODMAN 120.000 AC. BOUNDARY LINE ADJUSTMENT OF THE LAND CONVEYED TO CITY OF WINCHESTER W C11W10ERY BOOK 35 PACE 142 AND THE LAND CONVEYED TO T.P. GOODMAN Sc SUSAN M. GOODMAN A PORTION OF TRACT ONE - PARCEL ONE, IN DEEO ROOK 828 PAGE 1531 SCALE; 6 = 2Op' DATE; APRIL 25, 1997 STONE"' DISTRICT FREDERICK COUNTY, VIRGINIA SIIEFT 2 OF 3 RESIDUE OF GOODMAN 120.000 AC, 3 �P OP9 0 Q �� o � IRS CITY OF Prl 1 WINCHESTER 4z 54-A-88A I kr. 0.230 ACRES \ THESE DEED UNES ARE 3 HEREBY VACATED. \ \ Pi, I SL L4 NEW 20' WIDE IRS WATER LINE EASEMENT / IRS IRS RESIDUE OF GOODMAN / 120.000 AC. LVF A. r r 'T•, , a F+ �1 Ebert'and r An H. Aubre g.,, AB80Clateg LAND 1ins Aisool�terLAM ftA4*M Ltd. Comp r,� 35 W. DOSCAWEN OP11FM WINCHESTEFT, VA 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7J20 nvvnn�o SHEET 3 of 3 The accompanying plat represents a BOUNDARY LINE ADJUS"I'MENT SURVEY of the 0.23 Acre Trac( conveyed to the Cit Winchester, Virginia in Chancery ,age 142 AND an I I.U4U Acre Y of Portion of Tract One -Parcel Orre of lire Land conveyed to T. P. Goodman and Susan M. Goodman by Deed dated 13 October 1994 in Deed Book 82 Page 1531. The said Land lies South of Redbud Road - Virginia Rou( 8 _ in Stonewall District, Frederick County, Virginia: a GGI Beginning at a rebar (found) in the Southwestern Line of We Sempcl Land, a corner to the Stine Land, running with the said SouLmthwestern i es S 56" 09' 07" E - 410.27 feet to a rebar (found), a corner to the Re � Portion of Tract One - Parcel One; (hence wi(Il the Twelve Followirraining of the said Land, S 56° 09' g Lines 07" E - 470.57 nfeet to a rebar (set) in the Center Line of the 60.0 Ft. R/W; thence will, the Five Following Center Line S U9° U3' 33" W - G3.31 feet; llrence S 13° 20' 32" s, S 22° 34' S6" E _ I57.68 feet; thence S IS° E - 55.8G feet; tlrcrrce S 12 ° 20' S2" l2 41 " E - 33.45 feet; thence W - 4.99 feet to a rebar (set) in the said Center Line; thence leaving (Ile said Center line, S 52° 38' 24" W - 99.51 feet t o a (Ile Wcs(ern Line of the said R/W; (hence with the Two Follow wing ar Li(set) in lire 0.23 Acre Tract, with the Western Line of the saidg lees of 57" W - 100.00 feet to a rebar (set); thence N 630 49' 03 W S 100 I0' a rebar (set); thence S 18°-28' 40" W - 36W(X) feel to .76 feet to a rebar (set); llrence N 800 41' 11" W - 55.09 feet to a rebar (set); thence N 500 07' 47" _ I,238.65 feet to a rebar (set) in the Southern Line of the said Stir W (hence with the said Line, N 73 ° re Land; . 17� 25" E - 445.71 feet to (lie beginning. Containing: 11.270 Arrp- Also shown on fire Plat is a Portion of the 60.0 A. R/W. Also shown on the Plat is a S(nall Portion of the 20.0 Ft. R/W, Surveyed: 25 April 1997 ��t,t ) �'LEEA. L 3�lir: RFl7mIrA 1 r pjo.OA ;- �A nu.( gr FA �•ANtI cd�1� LINE DISTANCE E 005W4 E 165.34' LZ 13'27'23E 10.39' 2L3 S '50 W 80.00' 14 2E 1.5 49.42' NSNGL 07'W 82.19' LLl561 ' S 5Z3824W 5.28' L7 N 1Z20.5 E 4.99' L8 N 15'12'41 W 33.45• L9 N 2734'56 W— 157.68' L10 N 13'ZO'32 W 55.86' ll I N 0703'33 E 63.31' L12 N 56.09'0 W 4 L13 N 89'41'03 E 3 L14 N 18'5422 E 1 L15 N 889'07'l4 E 6 IRS ROGER L. & SIIIIT 2 or 3 PT POINT IRS = IRON REDAR (SET) RUTf I B. McBRIDE IRF IRON REEIAR (FOUND) 43-A-157 REDBOD ROAD 515/623 (VA RTE 661) OF JJJA ASSOCIATES \ IRF L15 IRS NNINNG 43-A-156 548/333 IRF 1 IRS / IRS t� Io.Sr I. FRED STINE JR., \ /� IRSr 05.35' TRUSTEE IRS 0 1v11, 05 43-A-157 515/623 0 � �C7O / Z r ;/y y-.1 (OAP/M1�44" a CD 86 RE OVER IF-WAYNEW m U simc IRS /?!8S DRIVEWAY / �N un n w IRF u n o W R �50, ° ;,� qc °��'qN IRS �1 100.000 COMA. 0 VA. r 215/165 , PT. PT� \L.IO ACRES L9 54-A-89C —1 PT. LB IL 1 \ L7 — IRS 1 LB \ \ IRS IRS 7 ry $+ THESE DEED \ IRS LINES AREVTED / �i�j/ ' IRF (828/1531, / PARCEL 2) / IRS NEW 20' WIDE WATER LINE EASEMENT OVER EgSTINC IRS ry` NOTES: WATER LINE I. BOUNDARY SIIOW N HEREON WAS DETERMINED UY A FIELD RUN SURVEY EXISTING 5BY 50' 0' WAY RIGHT- �p f �i ! PERFORMED BY EBERT R ASSOCIATES ON VA OF MA. COMM.OF Z:� ARIL 25, 1991. 2. TIPS FIAT IS SUBJECT TO EASEME7ITS IRF 165 1 E AND RESTRICTIONS OF RECORD. 17 , U A. R T 3. NO TITLE REPORT FURNISHED. / c�:rrnl u:nir NNo. ti 40 A 4,34 c�q� BOUNDARY LINE ADJUSTMENT / t�` PROPERTY CONVEYED TO °F 11 0+ % F°'P ..Aran T.P. G00DRAN & S'r, Ebert and As ocivA. Ia AR SUSAN M. GOODMAN q`9�ap�Fp IRF LAM lml IN DEED D" 828 PACE 1531 s/ �FS �� �7a PARCEL. �'<9 f;� 1, TRACT I AND PARCEL 2 �!)(^ In Mo INr-ua1 FAX s+a eer-tee SCALE' I. APRIL 2% 1997 STONEWALL q%)°N Toll rm I-ODD-r56-1320 DISTRICT FREDERICN COUNTY, VIRGIN IA � SHEET 3 of 3 The accompanying Plat represents a BOUNDARY LINE ADJUSTMENT SURVEY of the 6.610 Acre Tract- Parcel Two AND a 93.39 Acre Portion of Tract One - Parcel One - of the Land conveyed to I • P. Goodman and Susan M. Goodman by Dced dated 13 October 1994 in Deed Book 828 Page 1531. The said Land fronts (he Southern Boundary Line of Redbud Road - Virginia Route 661 - and lies in Stonewall District Frederick County, Virginia: ' Beginning at a rebar (set) in the Southern Boundary Line of Redbud Road, a corner to the Association for the Preservation of Civil War Sites Inc. Land, running with the Six Following Lines of the said land, S UO° 58' 40" E - 165.34 feet to a rebar (set); thence S 13° 27' 23" E - 210.39 feet to rebar (set); (hence S 76° 32' S0" W _ a 28U.U0 feel to a rebar (se(); thence S 130 27' 23" E - 2,075.41 feet to a rebar (found); thence S 34° 46' 44" W - 2,107.75 feet to a rcbar (found); thence N 55" 58' 59" W - 1,01 1.06 fec( to a rcbar (found) in (lie Eastern R/W Line of Interstate Route 81; thence will the said Line, N 080 19' 36" W - 2,343.51 feet to a rebar (set), a corner to the Stine Land; thence will] the Southern Line of the said Land, N 730 17' 25" E - 149.42 feel to a rebar (set), a corner (o tite 11.040 Acre Portion; thence with the Southwestern Line of the said Land, S 500 07' 47" E - 1,238.65 feet (o a rcbar (set), a corner to the 20.00 Acre Portion; thence will] the Five following Lines of the said Land, S 37" 54' 31" W - 876.21 feet to a rebar (se(); thence S 56° 1 G' 04" E.- 838.53 feet. to a rebar (set); thence N 32 ° 17' 39" E - 1,150.14 feet to a rebar (set); thence N 55° 57' 07" W _ 582.19 tec( to a rcbar (set) in the 60.0 Ft. R/W; thence S 52' 38' 24" W - 15.28 feet (o a rcbar (set) in the Center Line of the said 60.0 Ft. R/W, a corner to the 11.040 Acre Portion; thence with the Six Following Lines of the said Land, (he Five Following Center Lines in the said 60.0 A. R/W - N 120 20' 52" E - 4.99 feel; thence N 15 ° 12' 41 " W - 33.45 feet; thence N 22 ° 34' 56" W - 157.G8 feet; thence N 13° 20' 32" W - 55.86 feet; thence N 09° 03' 33" E - 63.31 feet to a rebar (set) in the Center Line of the said R/W; thence N 56" 09' 07" W - 470.57 feet to a rebar (found), a corner to the Sempeles Land; thence with the Southeastern Lines of the said Land, the Stine Land and the JJJA Associates Land, N 33° 31' 21 " E - 1,413.75 feet to a rebar (found), a corner to the McBride Land; thence with the Two Following Lines of the said Land, N 89" 41' 03" E - 305.35 fcct to a rebar (sc(); thence N 181, 54' 22" I: - 186.55 feet to a rebar (found) in the said Southern Boundary Line; thence with the said Line, N 89° 07' 14" E - crossing the said G0.0 Ft, R/W _ 60.0 feet to the begimling. Containing: 100.000 Acres Also shown on the Plat is (lie 60.0 Ft. R/W. Also shown on the Plat is the 20.0 Ft. R/W, u f E E A. L I t Surveyed: 25 April 1997 CMirrcnIt: rrn.q 84 +•'aNa sV� NOTES: I.) BOUNDAJTY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SHEET I OF 7 SURVEY PERFORMED By rBERT & ASSOCIATES ON APRIL 25, 1997. 2. 1111S PLAT IS SURXCT TO EASEMENTS AND RESTRICTIONS OF RECORD. , - 3. NO TITLE REPORT FLIRNISIIED. n.l. IRS = IRON REORR (SET) PT = POINT MANUEL InF = IRON RERAR (FOUND) G. FLORINE T. SEMPELES LEE A. 54—A-86 353/278 <;FRnrICAII P 484 h `, �; ANT) RESIDUE OF GOODMAN p4 JO qr �2��fi�am 1 1.040 AC. 54—A-88A CITY OF WINCHESTER 1 54—A-88A 0.230 ACRES \ N IIr28•40- E 36.76' RESIDUE OF GOODMAN POINT OF BEGINNING IRS 100.000 AC, 1 54—A-89C IRS IRS \ h S s S BO 41' 1 1" E 55.09' IRS N 52 3B'24" E S�• \ / 0� RESIDUE OF GOODMAN // IRS IRS 114.78' 100.000 AC. // SHE N 26' 10'5r E 100.00, /g 54—A-89C / S 63'49'03" E / 100.00' IRS 20.000 OSMOKEIIOUSE / \ ACRES NEW 20' WIDE WATER LINE EASEMENT 54—A-87 << DWELLINGS 7 / X\ OUroUlL07NGS K /> / IRS / D Q PORTION OF THE 3�'s• LAND CONVEYED TO air,* �� T.P. GOODMAN & w p 6 SUSAN M. GOODMAN 9 IN DEED ROOK 828 PACE 1531 PARCEI. ONE - TRACT ONE RIfSIDUE OF GOODMAN SCAtE; 1' = 200' DATE. AML 25, 1997 STONEWALL DISTRICT 100.000 AC. nTMFdCK Ca7r4T1', "RUt"A 54-A=89C Ebert and ABsociates \ IRS An H. Aubrey Hawking A""lat" Ltd. Company LAM 5<1R4EYNG L" PtANfTITJO .OU41OPMENT 35 W. B09L•AWEN STREET WINCIIESTER, VA, 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-BOO-755-7320 �� SHEET 2 of 2 The accompanying Plat represents a Survey of a Portion of Tract One - Parcel One - of the Land conveyed to T'. P. Goodman and Susan M. Goodman by Deed dated 13 October 1994 in Deed Book 828 Page 1531. The said Improved Land - designated as No. 534 - lies South of Redbud Road - Virginia Route 661 - and lies in Stonewall District, Frederick County, Virginia: Beginning at a rebar (set), a corner to the City of Winchester Land, running with the Two Following Lines of the said Land, S 63° 49' 03" E - 100.00 feet to a rebar (set), a corner to the 60.0 Ft. R/W, thence with the Western Line of the said R/W, N 26° 10' 57" E - 100.00 feel to a rebar (set), a corner to the Remaining Portion of Tract One - Parcel One; thence wi(l) the Seven Following Lines of the said Land, N 52° 38' 24" E - 99.51 feet to a rebar (set) in the Center Line of the said 60.0 Ft. R/W, and continuing N 52' 38' 24" E - 114.78 feet, IN ALL, to a rebar (set); thence S 55' 57' 07" E - 582.19 feet to a rebar (set); thence S 32' 17' 39" W - 1,150.14 feet to a rebar (set); thence N 56' 16' 04" W - 838.53 feet to a rebar (set); thence N 37° 54' 31 " E - 876.21 feet to a rebar (set); thence S 80' 41' I 1 " E - 55.09 feet to a rebar (set); thence N 18° 28' 40" E - 36.76 feet to llte beginning. Containing: 20.000 Acres Also shown on the Plat is a small portion of the 60.0 Ft. R/W. Also shown on the Plat is a portion of the 20.0 Ft. R/W. Surveyed: 25 April 1997 (40, OLLEE A. Ep'_I?T 11FICAM 1+�. 484 tAN0 ``'� Sll(.Ll I OF I LINE ©FARING DISTANCE LI N 89'OrIT- E 31.88' L2 S 18'54'22' W -id 1.25' L3 S 33.45'50 -W 277.16' L4 S 20 48'54 W 322.72' 15 S 25'4T39W 171.84' L6 S 27-41'II W 258.09' L7 S 27' 19'5 W 488.79' LB S ZS49.53 W 83.15' L9 S 09.OY33 W JSF 3.61' L10 09'0333 W 63.31' L11 S 13.20'32 E 55.86' L12 S 2734'5 E 157.68' L13 S 15'12.41 E 33.45' L14 S 1720'5W 4.99' L15 S 172O'5 W 46.39' LI6 S 52.3824 W 57.07' L17 S 26.10'5 W 92.95' L18 N 6Y49'O3 W 30.00' IRS = IRON RERAR (SET) e = POINT CENTERLINE OF A 60' WIDE RIGHT-OF-WAY OVER THE PROPERTY CONVEYED TO T.P. GOODMAN & SUSAN M. GOODMAN IN DEEP ROOK 828 PACE 1531 PARCEL. 1, TRACT I SCALE: I' - 400' DATE: APRIL 25, 1997 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA LINE BEARING DISTANCE L1 S 63 49- OBE 7.59' 1-2 S 3812'42 WW 628.46' L3 S 51'32' 12 E 178.58' L4 S 41'01'04 W 294.39' L5 S 41.01.04 W 588.68, L6 S 81'4- 40'244 WW- 44.98' L7 I S 0919'36 E 1 315.98' o - POINT IRF = IRON RE13AR (FOUND) CENTERLINE OF A 20' WIDE WATERLINE EASEMENT OVER THE PROPERTY CONVEYED TO T.P. GOODMAN & SUSAN M. GOODMAN IN DEED ROOK 828 PAGE 1531 PARCEL 1, TRACT 1 AND PARCEL 2 SCALE: I' - 400' DATE: APRIL 25, 1997 STONEWALL DISTRICT FREDERICK COUNTY. VIRGINIA Ebert and Aeeoolates An IL Ambry ea. ffim o. 7.Id. comp LAM ft"w" I m PI/VINO UEYFIDAE?If 35 W. E09g1NE71 SR4EE7 'A•IUT rUL VA 22901-4740 Ill 540-!l7-323.3 rAx 50-E67-JI89 TOLL rra 1-E00-750-7310 noon ego ROGLR L. & REDBUD ROAD RUTH B. McDRIDE (VA RTE 661) 43-A-157 \ 515/623 \ rFls i N 13/ I ASSOCIATION FOR CENTERLINE OF 60' WIDE LAI THE PRESERVATION RKtrr-of-wAY OF CIVIL WAR / SITES, INC. 54-A-88 849/173 L6 11.040 AC. L7 Ul / IRS �9 LI L11 112 CITY OF WINCHESTER L15 L13 54-A-88A IRS 0.230 ACRES IRS 20.000 AC. LI 100.000 ACRES 11.040 AC. CITY OF WINCHESTER AX 54-A-88A 0.230 ACRES o LEE A. E[[3TATr'.� V " CERTIFICATE No. EA 7.i11 gala�, 0 ACRES rZL 20.000 AC, CUMUNE OF 20' WIDE WATERLINE EASEMENT v3 , ExtsPNG 50' BY 50' ASSOCIATION FOR L7 oouu. or VA. THE PRESERVATION v 27s/tlss OF CIVIL WAR IRF SITES, INC. - °° / 54 � 84/1739/173 0 • nNAZ PLAT.• SHEET-1 OF BOUNDARY LINE ADJUSTMENT OF THE PROPERTY CONVEYED TO.- T.P. GOODMAN & SUSAN M. GOODMAN PORTION OF PARCEL 1, TRACT 1 (93.390 AC.) APRIL 25, 1997 AND PARCEL 2 (6.610 AC.) IN DEED BOOK 828 PAGE 1531 PARCEL I.D. NUMBER. - STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA 54—A-89C ZONED: RA (AGRICULTURAL) ►I uu 1 .� 4 661 Tb 0 ,. . >.At r 661 p 6•113M a 12Joo `� 1/ NO SCALE p 661 p * DnUlaqu and SURVEYOR'S CERTIFICATE: THIS IS TO CERTIFY THAT THE LAND IN THIS CONSOLIDATION IS ALL OF THE LAND IN PARCEL TWO AND A PORTION OF THE LAND IN PARCEL ONE - TRACT ONE AS CONVEYED TO T.P. GOODMAN AND SUSAN M. GOODMAN BY DEED DATED 13 OCTOBER 1994 IN DEED BOOK 828, AT PAGE 1531. LEE A. EBERT OWNER'S CERTIFICATE: THIS DIVISION, AS IT APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS OR TRUSTEES. CITY/COUNTY OF PJ//K-Ae-31cr STATE OF ACKNOWLEDGED _BEFORE. ME THIS DAY OF �a v 19-02' NOTARY PUBLIC _ MY COMMISSION EXPIRES _ 20 Ae4ei9g�eZ, 0C-0 WINCHESTER-FREDERICK COUNTY HEALTH DEPARTMENT FREDERICK COUNTY SUBDMSION ADMINISTRATOR �2J a ' L E F A. F: �; �`; ;', Ebert and Associates An H. GEFZfIFICATE No. Aubrey ubrey Hawkins Aeeooiates, Ltd. Company LAND SURVEYING LAND PLANNING DEVELOPMENT 484 35 W. BOSCAWEN STREET ' WINCHESTER, VA. 22601-4740 e , j A Nu 5.�� �;; TEL 540-667-3233 FAX 540-667-9188 ' TOLL FREE 1-800-755-7320 �oon.aro 0 SHEET 3 of 3 The accompanying Plat represents a BOUNDARY LINE ADJUSTMENT SURVEY of the 6.610 Acre Tract - Parcel Two AND a 93.39 Acre Portion of Tract One - Parcel One - of the Land conveyed to T. P. Goodman and Susan M . Goodman by Deed dated 13 October 1994 in Deed Book 828 Page 1531. The said Land fronts the Southern Boundary Line of Redbud Road - Virginia Route 661 - and lies in Stonewall District, Frederick County, Virginia: Beginning at a rebar (set) in the Southern Boundary Line of Redbud Road, a corner to the Association for the Preservation of Civil War Sites, Inc... Land, running with the Six Following Lines of the said land, S 000 58' 40" E - 165.34 feet to a rebar (set); thence S 13' 27' 23" E - 210.39 feet to a rebar (set); thence S 76' 32' 50" W - 280.00 feet to a rebar (set); thence S 13 ° 27' 23" E - 2,075.41 feet to a rebar (found); thence S 340 46' 44" W - 2,107.75 feet to a rebar (found); thence N 55 ° 58' 59" W - 1,011.06 feet to a rebar (found) in the Eastern A/W Line of Interstate Route 81; thence with the said Line, N 08" 19' 36" W - 2,343.51 feet to a rebar (set), a corner to the Stine Land; thence with the Southern Line of the said Land, N 73 ° 17' 25" E - 149.42 feet to a rebar (set), a corner to the 11.040 Acre Portion; thence with the Southwestern Line of the said Land, S 500 07' 47" E - 1,238.65 feet to a rebar (set), a corner to the 20.00 Acre Portion; thence with the Five Following Lines of the said Land, S 370 54' 31" W - 876.21 feet to a rebar (set); thence,S 56' 16' 04" E.- 838.53 feet to a rebar (set); thence N 32 ° 17' 39" E - 1,150.14 feet to a rebar (set); thence N 55 ° 57' 07" W - 582.19 feet to a rebar (set) in the 60.0 Ft. R/W; thence S 520 38' 24" W - 15.28 feet to a rebar (set) in the Center Line of the said 60.0 Ft. R/W, a corner to the 11.040 Acre Portion; thence with the Six Following Lines of the said Land, the Five Following Center Lines in the said 60.0 Ft. R/W - N 12 ° 20' 52" E - 4.99 feet; thence N 15 ° 12' 41 " W - 33.45 feet; thence N 22 ° 34' 56" W - 157.68 feet; thence N 13 ° 20' 32" W - 55.86 feet; thence N 09' 03' 33" E - 63.31 feet to a rebar (set) in the Center Line of. the said R/W; thence N 56' 09' 07" W - 470.57 feet to a rebar (found), a corner to the Sempeles Land; thence with the Southeastern Lines of the said Land, the Stine Land and the 0 0 SHEET 3 of 3 The accompanying Plat represents a BOUNDARY LINE ADJUSTMENT SURVEY of the 0.23 Acre Tract conveyed to the City of Winchester, Virginia in Chancery Book 35 Page 142 AND an 11.040 Acre Portion of Tract One - Parcel One of the Land conveyed to T. P. Goodman and Susan M. Goodman by Deed dated 13 October 1994 in Deed Book 828 Page 1531. The said Land lies South of Redbud Road - Virginia Route 661 - in Stonewall District, Frederick County, Virginia: Beginning at a rebar (found) in the Southwestern Line of the Sempeles Land, a corner to the Stine Land, running with the said Southwestern Line, S 560 09' 07" E - 410.27 feet to a rebar (found), a corner to the Remaining Portion of Tract One - Parcel One; thence with the Twelve Following Lines of the said Land, S 56' 09' 07" E - 470.57 feet to a rebar (set) in the Center Line of the 60.0 Ft. R/W; thence with the Five Following Center Lines, S 090 03' 33" W - 63.31 feet; thence S 13' 20' 32" E - 55.86 feet; thence S 220 34' 56" E - 157.68 feet; thence S 15 ° 12' 41 " E - 33.45 feet; thence S 120 20' 52" W - 4.99 feet to a rebar (set) in the said Center Line; thence leaving the said Center line, S 520 38' 24" W - 99.51 feet to a rebar (set) in the Western Line of the said R/W; thence with the Two Following Lines of the 0.23 Acre Tract, with the Western Line of the said R/W, S 260 10' 57" W - 100.00 feet to a rebar (set); thence N 630 49' 03" W - 100.00 feet to a rebar (set); thence S 180 28' 40" W - 36.76 feet to a rebar (set); thence N 800 41' 11 " W - 55.09 feet to a rebar (set); thence N 500 07' 47" W - 1,238.65 feet to a rebar (set) in the Southern Line of the said Stine Land; thence with the said Line, N 730 17' 25" E - 445.71 feet to the beginning. Containing: 11.270 Acres Also shown on the Plat is a Portion of the 60.0 Ft. R/W. Also shown on the Plat is a Small Portion of the 20.0 Ft. R/W. Surveyed: 25 April 1997 �,,a��rL ' li rw:, LEE A. ftiT',, :F-,RTIFICATE No. �.,/�4&4 SHEET 2 of 2 The accompanying Plat represents a Survey of a Portion of Tract One - Parcel One - of the Land conveyed to T. P. Goodman and Susan M. Goodman by Deed dated 13 October 1994 in Deed Book 828 Page 1531. The said Improved Land - designated as No. 534 - lies South of Redbud Road - Virginia Route 661 - and lies in Stonewall District, Frederick County, Virginia: Beginning at a rebar (set), a corner to the City of Winchester Land, running with the Two Following Lines of the said Land, S 63' 49' 03" E - 100.00 feet to a rebar (set), a corner to the 60.0 Ft. R/W; thence with the Western Line of the said R/W, N 26' 10' 57" E - 100.00 feet to a rebar (set), a corner to the Remaining Portion of Tract One - Parcel One; thence with the Seven Following Lines of the said Land, N 52' 38' 24" E - 99.51 feet to a rebar (set) in the Center Line of the said 60.0 Ft. R/W, and continuing N 52' 38' 24" E - 114.78 feet, IN ALL, to a rebar (set); thence S 55' 57' 07" E - 582.19 feet to a rebar (set); thence S 32 ° 17' 39" W - 1,150.14 feet to a rebar (set); thence N 560 16' 04" W - 838.53 feet to a rebar (set); thence N 37' 54' 31 " E - 876.21 feet to a rebar (set); thence S 80' 41' 11 " E - 55.09 feet to a rebar (set); thence N 18 ° 28' 40" E - 36.76 feet to the beginning. Containing: 20.000 Acres Also shown on the Plat is a small portion of the 60.0 Ft. R/W. Also shown on the Plat is a portion_ of the 20.0 Ft. R/W . Surveyed: 25 April 1997 ��•� ,f Q LEE A. EPi RT u QERiIFICATE No. kIZ4., AND ' • C� J JJJA Associates Land, N 33 ° 31 ' 21 " E - 1,413.75 feet to a rebar (found), a corner to the McBride Land; thence with the Two Following Lines of the said Land, N 89' 4 1 ' 03" E - 305.35 feet to a rebar (set); thence N 18' 54' 22" E - 186.55 feet to a rebar (found) in the said Southern Boundary Line; thence with the said Line, N 89' 07' 14" E - crossing the said 60.0 Ft. R/W - 60.0 feet to the beginning. Containing: 100.000 Acres ' Also shown on the Plat is the 60.0 Ft. R/W . = o LEE Also shown on the Plat is the 20.0 Ft. R/W. �'GERr,F,carE No.A Surveyed: 25 April 1997 484 9/4vo'--�A-OO _C%WD % low '.i • fINAL PLAT.• SHEET 1 OF 3 BOUNDARY LINE ADJUS7VENT CITY OF WINCHESTER SUSAN M. GOODMAN i CHANCERY BOOK 35, PAGE 142 T.P. GOODMAN & PORTION OF TRACT ONE - PARCEL ONE DEED BOOK 828, PAGE 1531 AP R I L 25, 1997 PARCEL I.D. NUMBER. - STONEWALL DISTRICT, FREDERICK COUNTY 54-A-88A VIRGINIA ZONED: RA (AGRICULTURAL) . XIN tibl u o 116, 3� 7 -12300 661 �. )WE NO SCALE 661 Dillan SURVEYOR'S CERTIFICATE: THIS IS TO CERTIFY THAT THE LAND IN THIS CONSOLIDATION IS ALL OF THE LAND (0.23 ACRES) CONVEYED TO THE CITY OR WINCHESTER BY CHANCERY CAUSE DATED 5 SEPTEMBER 1942 AND RECORDED IN CHANCERY BOOK 35, PAGE 142 AND A PORTION OF TRACT ONE - PARCEL ONE OF THE LAND CONVEYED TO T.P. �OODMAN do SUSAN M. GOODMAN BY DEED DATED 13 OCTOBER 1994 AND RECORDED IN DEED BOOK 828, PAGE 153j LEE A. EBERT OWNER'S CERTIFICATE: THIS CONSOLIDATION, AS IT -APPEARS ON THIS PLAT, IS WITH -THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETO S OR TRUSTEES. C >` 07C w;n� er�e'r CITY/COUNTY OF A IAACHESTE,cZ STATE OF aQ( l&/id ACKNOWLEDGED BEFORE ME THIS DAY OF XIAY 19 NOTARY PUBLIC MY COMMISSION EXPIRES k9J /1AvJ,&,06er o?000 WINCHESTER-FREDERICK COUNTY HEALTH DEPARTMENT FREDERICK COUNTY SUBDIVISION ADMINISTRATOR 1 r 4 �,, "�sti , �` 4�' '4 L � I- A • �: is E R T , An H. Ebert and Associates Aubrey Hawkins Associates, Ltd. Company CERTIFICATE No. :� LAND SURVEYING LAND PLANNING DEVELOPMENT 4 +� � 35 W. BOSCAWEN STREET WINCHESTER, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 5���� AN n .� TOLL FREE 1-800-755-7320 emoro.o.c COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Board of Supervisors FROM: Andrew D. Evans, Zoning Administrator SUBJECT: Conditional Use Permit #010-97 of T.P. and Susan Goodman DATE: October 2, 1997 Following the Planning Commission meeting of September 3, 1997, staff has concerns about the Health Department approval and VDOT's commercial entrance for Conditional Use Permit #010-97 for T.P. and Susan Goodman. Please find a copy of a letter dated September 23, 1997 from Frank R. Lee, Environmental Health Specialist Senior, regarding this conditional use permit application. This letter is to further clarify that the existing system at "Hackwood" will accommodate up to ninety (90) persons. The Planning Commission, at their September 3, 1997 meeting, struck Condition #2 that placed a limit of 300 individuals to be in attendance of the events scheduled at the site. Staff is of the opinion that the expected attendance at the events would more than likely exceed this number at least 50% of the time. The facilities should be of a permanent measure rather than temporary, or the use of Porta-Johns (chemical toilets). It is a general practice that Porta-Johns are used as an alternate method on occasion, rather than an ongoing basis. Staff believes that the applicant should pursue obtaining approval of a system that would accommodate an expected usage of 250 to 300 persons. Staff recommends that the applicant be limited to a maximum of ninety (90) persons per function held, as provided for by the existing septic system. The applicant shall be allowed to have attendance greater than ninety (90) persons once they obtain Health Department approval of the facilities. Staff also believes it is important to place a time limit on compliance with VDOT's requirement for a commercial entrance. We feel it would be appropriate to require construction of a commercial entrance with approval from VDOT by June 1, 1998, or the conditional use permit becomes invalid. 107 North Kent Street • Winchester, Virginia 22601-5000 CUP 4010-97, Goodman Page 2 October 2, 1997 Staff recommends approval of CUP #010-97 with the following conditions: 1. Applicant will obtain approval from all agencies, including VDOT's requirement for a commercial entrance, and comply with their comments at all times. Construction of a commercial entrance with approval from VDOT shall be accomplished by June 1, 1998, or the conditional use permit becomes invalid. 2. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. 3. A site plan shall be submitted and approved by the County. 4. The applicant be limited to a maximum of ninety (90) persons per function held, as provided for by the existing septic system. The applicant shall be allowed to have attendance greater than ninety (90) persons once they obtain Health Department approval of facilities to accommodate more than ninety (90) persons. ADE/cc U:\AN D11COM MON\97M E MO S\GOODM AN.EOS WelcAn.e to Hackw000d! This historic mansion, built in 1777 of native limestone, with its country setting and wonderful bank barn, is the perfect site for many corporate and private events. Located just off Interstate 81 in the Winchester area. Meetings and Seminars Executive Lunches Company Dinners Morale Building Theme Events Corporate -BB Q's and P�cxcs Galas and Parties Company Christmas Parties Site Includes: Catering Tables and Chairs Games and Interactive Activities Theme Decor Service Micsic and Equipment We're booking now for summer and Christmas events! encore Special Events 800-365-8021-- . 304-728-0700 fax 304-728-0734 04/09/96 16:58 H All Food Grilled on Rite Our #1 BBQ • BBQ PIT BEEF - 1/4 1b absolutely tender Choice Beef marinated in encore's special sauce • BBQ CHICKEN - 1/4 Chicken marinated in oil, vinegar and herbs Groups under 300 Groups 3W-500 Groups 1n00+ $23.79 $22.29 Lets talk) The All American * Hot Dogs - an all American favorite, 2 per person • Hamburgers - our best ground beef, 1 per person Groups under.J00 Groups 100-500 Groups 1000+ $17.49 $16.59 Lets Talk! The Big Rib Eater • BBQ BABY BACK RIBS - 1/3 rack, the taste is in the sauce and the cooking * BBQ CHICKEN - 114 Chicken marinated in oil, vinegar and herbs Groups under 3W Groups 300-500 Groups low+ $27.49 $25.59 Lets talk! The Great Combo • BBQ PIT BEEF -1/41b absolutely tender Choice Beef marinated in encore's special sauce • HOT DOGS - an all American favorite, 2 per person Groups under 300 Groups 300-500 Groups 1000+ $20.49 $19.09 Lets talk! 00 Healthy Heart Feast V y GRILLED SKINLESS CHICKEN - 1/4 lb with your choice of herb 3 10 VEGETABLE KABOBS, Roasted Potatoes, Greens Salad, Fresh Fruit Compote & Breads Groups under 300 Groups over 300 $26.49 Lets talk! a%�.&0s 0\ O ;pq All entrees except Healthy Heart Feast, served with Fresh Baked Breads, Watermelon, Iced Tea, Condiments, and All American Baked Beans plus a choice of two side dishes: �r Cole Slaw, * Potato Salad, * Pasta Primavera More extras included in your site, see reverse for details encore Special Events t Roast That Pia ! A great addition to any BBQ or by itself I -CALL FOR QUOTE - 65-8021 :• 304-728-0700 Game Dec j, 04/09/96 17:00 • 10004 Business Meetings a a, . Business meetings and seminars can be accommodated in our large bank barns or beautiful plantation homes. They make great places for get away think tanks, management meetings and planning sessions while putting you in a unique relaxing atmosphere close to nature. The day can begin as early as 8:00 a.m., starting with a continental breakfast including assorted donuts, bagels with cream cheese, coffee, hot tea and a choice of orange, tomato or grapefruit juice. Refreshments can be designed for scheduled breaks during your session. Seating for 100 is included in this package. With advance notice we can furnish a public address system, a large screen TV, a VCR, an overhead projector and screen. These additional items are not included in the package and will necessitate additional charges. Following your program, make use of our o thletic facilities including volleyball, softball, horseshoes, and croquet for no additional charge. Our barn facilities can handle groups up to 360 persons with certain seating arrangements. Our minimum is 50 people, however, we do have a $200 service charge for groups tinder 100. Groups under 50 can be accommodated in other parts of the facility and will be treated on a per group basis. This package can be obtained Monday through Thursday between the hours of 8:00 a.m. and 6:00 p.m. Lunch Buffet Your choice of one of the follorving: 9r BBQ Pit Beef 1/3 lb. k BBQ Chicken 1/4 r Grilled Skinless Chicken BBQ Chicken 1/4 Pasta Primavera Vegetable Kabobs Jr entrees served with Hearty Breads, All American Baked Beans, Watermelon, Iced Tea, Condiments, Cole Slaw, Potato Salad and Cookies %9 served with Roasted Potatoes, Green Salad, Fresh Fruit Compote, Breads and Cookies. Grilled on Sitel $26.99 per person Count Farm Brea fast This option is in liett of the Continental Breakfast Country Scrambled Eggs with Sausage Patties, Hearty Breads, Choice of Orange, Toutato or Grapefruit Jttice, Coffee and Hot Tea Additional $3.65 per person encore Special Events P.O. Box 978, Harpers Ferry, WV 25425 `� 800-365-8021 ❖ 304-728-0700 04/09/96 17:02 • 10006 • rid � �;� F� 4 �..t���-•lure.,+. L b � •M .a•r i:S Your event, at Hackw. ood or York Hill. includes: * Full use of the Picnic Facilities * Seating for 100 people * Country Western Decor & Attire * Volleyball & Softball * Horseshoes & Croquet Additional Games &c Entertainment To itiake your event even inore fun you can add activities like it rive Bands 1�r D Is * Line Dancin * Flying Disc it Balloons * Clowns * Caricature Artist * Face Painting * Characters * Magician * Casino -* 'And More! We can also provide Many Amusement Gaines. The roost popular are * Moon Bounce * Rain Room * Surf Machine . Crtl For Quotes - For the Ultimata P0. lernic r encore Special Events offers morale and team building events that are creative, interactive and entertaining. Choose front: �t Caribbean * Olympic * Indiana Jones * Mardi Gras * South of The Border Carnival * Country Western Call For Quotes . encore Special ]Events `,,,i P.O. Box 978, Harpers Ferry, WV 25425 04/09/96 17:03 U703 66655433 SHENANDOAH UNIV. • 007 Details .. . Hours: Day event hours are from 12:00 p.m. to 4:00 p.m. Evening event hours are from 6:00 p.m. to 11:00 p.m. There will be an additional fee for events continuing past those times. You may set your own arrival and serving times within the allowed hours. We recommend that your time schedule, including serving starting and ending times, be published to your group in advance. Minimums: A minimum of 100 participants above the age of 5 is required, with a minimum count of 80 adults and 20 children 5-11. There is a $200 service charge for groups under 100 persons for daytime picnics. Evening events addressed per client. Pricing: Prices quoted include full use of the picnic facilities, equipment for games, labor, service and all food. Also included is seating for 100 guests, additional seating will be added to the total invoice. Sales Tax: All food and beverage is subject to 4.5% Virginia Sales Tax at Hackwood and 6% West Virginia Sales Tax at York Hill. Deposit: A 50% deposit of the estimated contract is due to guarantee the date for your event. An additional 25% is due 30 days prior with the balance due one week prior to the function at thc: time the confirmed cou : �.r is given. Serving: The preparation and service of your food is our prime concern. All of our cooked foods are grilled on site. We will start serving at the time of your choice. To ensure the quality of the food, serving is limited to a maximum of two consecutive hou:-. Athletic Equipment: Athletic equipment for softball (except softball gloves), volleyball, horseshoes and croquet is furnished without charge. However, in order to keep track of the equipment we request that you appoint a responsible person to be in charge of the games. That person will work closely with encore's Event Coordinator to make sure the equipment is collected and returned at the end of the event. Any missing equipment will be billed at its replacement cost. Your cooperation in this matter will be greatly appreciated. Restrictions: Please advise your group of the following restrictions. a. No pets allowed. This is a health department requirement. The only exception to this rule is guide dogs for the blind. b. No alcoholic beverages may be brought onto or removed from the premises. We reserve the right to check all containers brought to the site. c. Only vendors hired by encore Special Events are allowed on the site premises. d. Telephones are not available for public use at the site. encore Special Events P.O. Box 978, Harpers Ferry, WV 25425 '�� 800-365-8021 + 304-728-0700 G �, .� %.�.��►_ . _ 0 C REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation P. 0. Box 278 Edinburg, VA 22824-0278 (540) 984-5600 / (540) 722-3460 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, audress and phone number: Name of development and/or description of the request: _Cc:\-V-( erg c�-) Vc'\Sy \n "�f Mee�c�Si u,-�Agcx CeCren ton e . Location: t)3�� RtAbuJ 28 VA &D-1,C)y VDOT Comments: Existing private entrance(s) is inadequate for proposed use. Minimum sight distances are not obtainable at the property to allow for the construction of a commercial entrance without major reconstruction of the roadway. Therefore, we _cannot support a conditional or special use permit for this property. Steve A. Melnikoff VDOT Signature & Date:., - (NOTICE TO INSPECTIONS DEPT.*PLEASE R NOTICE TO APPLICANT IS It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. Subd. dor .day Spring Center society devoted to ending animal suffering through nationwide pudfic education and spay/neuter assistance programs." County of Frederick Inspections Dept 107 N. Kent St. Winchester, VA 22603 Attn: John S. Trenary Dear Mr. Trenary, This is to explain and clarify some points mentioned in your.letter of April 11, 1997 regarding our application for a conditional use permit. The brochure referred to in paragraph #3 is not a brochure for 'Hackwood', rather it is the standard brochure produced by Encore Productions describing their range of events, most of which are not held at 'Hackwood' A more typical occupant load for the actual house would be 120-140, and usually less for the most common events, which are usually groups of less than 25 for 'executive' meetings. Occasionally we will have outdoor gatherings that are in excess of the above numbers, however at those times Encore Presentations provides portable toilets. Also, the typical daily load of the building during the day is usually two or less. Aatoodman e y, Susan Goodman 534 R,ed Bud 7�pad • Winchester, Virginia 22603 • Phone (540) 665-2827 COUNTY OF FREDERICK, VIRGINIA /V FIRE MARSHALS OFFICE LAND DEVELOPMENT COMMENTS Control No.CUP97-0007 Date Received 3/4/97 Date Reviewed 3/17/97 Applicant T.P. and Susan Goodman Address 685 N. Loudoun St. Winchester, Virginia Project Name Fay Spring Center Phone No. 540-667-7175 Type of ApplicationCUP Current Zoning RA 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. 54-A-87 RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystenKX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Access to all structures must be ensured at all times, for emergency vehicles. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Signature Title�,cf a,ii� r i C.5� REQUEST FOR CONDITIONAL USE PERMITS COMMENTS q =:J I�RWinchester t r� t w Attn: r� P _ Q _B.Q i .-3 45 6 / S Al, Winchester, Virginia 22604 The P. -Winchester h Department is located at the intersection of e and B ad, if you prefer to hand deliver phis review form Applicant's name, address and phone number: �g5 'N2QccC)I Name of development and/or description of the request: C CcLI_�ye f cA.r�c Location: �t6 bud 2(A �,T y HeaAU vent Comments: / T /4hr�in 7rv1/ 5� ��� CorrJ.�i.�l� LISPS �h,ch �P� rose'L7e- joa, �a/41ev/h r�c� fhost Whrc Afe (e l-t �o C,lr� - �o�� j 1 ���+PrnPl� !�V Pfwai� , VIIIT/L i T/e7� A, 40 h Signature and Date: Q (NOTICE TO - PLEASE RETUR THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. Lord Fairfa*Environmental Heall? District 107 N. Kent St. N P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester May 8, 1997 Ms. Nancy Craun C/O Encore Special Events P. O. Box 978 Harpers Ferry, WV 25425 Re: Hackwood Dear Ms. Craun: This letter is to confirm our meeting and conversation of April 24, 1997 at this office. As a licensed caterer in the State of West Virginia, you serve various functions at the Hackwood property located in Frederick County, Virginia. However, all food preparation is done in West Virginia and foods served at Hackwood are both held and served within the required temperature limitations of the Rules and Regulations of the Board of Health, Commonwealth of Virginia Governing Restaurants. Therefore, no public food service permit will be required by you for operation in Frederick County. While the Health Department has no objection to your food service at Hackwood, please be advised that, at this time, the Hackwood property has no approved sewage disposal facilities. As we discussed, should you decide to move your catering operation to the Winchester, Virginia area, I will be happy to assist you in setting it up. Sincerely, �G Stephen M. Lee Environmental Health Specialist Senior PC: Mohamed A. Khodr, M. D., MPH, Director, Lord Fairfax Health District 1] April 9, 1997 NOTE TO FILE APPLICATION FOR CONDITIONAL USE PERMIT COMMENTS T. P. and Susan Goodman Hackwood March 4, 1997 Application received at Frederick County Health Department March 5, 1997 assigned to Frank R. Lee Donna starts file search to see if any records exist for Hackwood property. No records found. March 10, 1997 Letter sent to applicant explaining that no comments can be forwarded due to no information available.on sewage disposal system. April 3, 1997 Andrew Evans (Frederick County Planning Dept.) called to talk about proposed use of property. Mr. Evans dropped off copy of brochure about use of property for food service and parties. Talked over food situation with Steve Lee. fi; April 4, 1997 person in office asking what would be required for comments. I reiterated what was stated in original letter of March 10, 1997. She stated at the time that property would be used for wedding receptions for 100 persons. Waiting on call from Hackwood that existing system is uncovered. COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Andrew D. Evans, Zoning Administrator FROM: Jeffrey C. Everett, Planner I RE: HRAB Review of Goodman Conditional Use Permit DATE: August 21, 1997 At their August 19, 1997 meeting, the Historic Resources Advisory Board unanimously recommended that the Conditional Use Permit of T.P. and Susan Goodman (Conditional Use Permit #010-97) be approved. They did not mention imposing any conditions with the permit. Their comments suggested that the proposed uses would be less destructive to the historic fabric of the property than other possible uses. 107 North Dent Street • Winchester, Virginia 22601-5000 I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 I+AX: 540/ 678-0682 September 24, 1997. a1'iriuiviJAI OF PUSL IC rHEARING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OFT. P. AND SUSAN GOODMAN, CONDITIONAL USE PERMIT #010-97 On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Tuesday, October 7, 1997, at 7:15 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of T. P. and Susan Goodman to conduct the following activities: social center, catered functions, tours, meetings, outdoor recreation, etc. The property is located at 534 Redbud Road and is identified with Property Identification Number 54-A-87 in the Stonewall Magisterial District. . Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, A D. Evans Administrator ADE/cc 107 North Kent Street - Winchester, Virginia 22601-5000 This is to certify, that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick Coun , Virginia: 54 A 87 43 - A- 155• -- GOODMAN, T P & SUSAN M I BRAGG, DAVID P O BOX 1325 j P O BOX 174 WINCHESTER, VA 22604 CLEARBROOK,VA 22624 54 - A- . 88- � 43 - A- • 156• ASSOCIATION FOR THE PRESERVATION J J J A ASSOCIATES OF CIVIL WAR SITES ASSOC. C�0 DRIGGS 305 CHARLOTTE STREET, ATTN DEN 8700 RIGGSASHWA D DR FREDERICKSBURG, VA 22401 CAPITOL HEIGHTS, MD 20743 54 - A. - 86- 43 - A• - 157- SEMPELES, MANUEL G MCBRIDE, ROGER L. & RUTH B. 412 REDBUD RD 506 REDBUD RD WINCHESTER, VA 22603 WINCHESTER,VA 22603 I 55 . A- . 3- HUNTSBERRY, CHARLES WILLIAM 611 HANDLEY AVE. WINCHESTER, VA. 22601 43 - A• - 154- STINE, I FRED JR TRUSTEE I 3438 COBBLER MOUNTAIN RD DELAPLANE,VA 22025 — - - --- - — drew D. Evans, Zoning Administrator F/federick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I,f-vt-hnnn I- I c� , �, L , a Notary Public in and for the State and County aforesaid, do hereby certify that Andrew D. Evans, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated C� L, FAT has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this <:Dq -h day of � 9 G I My commission expires on �� O�q �q q NOTARY PUBLIC ;t COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 I WIFICAIr1 JAI OF PUBLIC ;-IUNRING August 20, 1997 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OFT. P. AND SUSAN GOODMAN, CONDITIONAL USE PERMIT #010-97 On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on September 3, 1997, at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of T. P. and Susan Goodman to conduct the following activities: social center, catered. functions, tours, meetings, outdoor recreation, etc. The property is located at 534 Redbud Road and is identified with Property Identification Number 54-A-87 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, D. Evans Administrator 107 North Kent Street • Winchester, Virginia 22601-5000 A This is to certify that the attached correspondence was mailed to the following on 0 from the Department of Planning and Development, Frederic County, Virginia: 54 - A- - 87- GOODMAN, T P & SUSAN M P 0 BOX 1325 WINCHESTER,VA 22604 54 - A- - 88- ASSOCIATION FOR THE PRESERVATION OF CIVIL WAR SITES 305 CHARLOTTE STREET, ATTN DEN FREDERICKSBURG,VA 22401 54 - A- - 86- SEMPELES, MANUEL G 412 REDBUD RD WINCHESTER,VA 22603 55 - A- - 3- HUNTSBERRY, CHARLES WILLIAM 611 HANDLEY AVE. WINCHESTER,VA. 22601 43 - A- - 154- STINE, I FRED JR TRUSTEE 3438 COBBLER MOUNTAIN RD DELAPLANE,VA 22025 STATE OF VIRGINIA COUNTY OF FREDERICK 43 - A- - 155- BRAGG, DAVID P 0 BOX 174 CLEARBROOK,VA 22624 43 - A- - 156- J J J A ASSOCIATES C/O DRIGGS ASSOC. 8700 ASHWOOD DR CAPITOL HEIGHTS, MD 20743 43 - A- - 157- MCBRIDE, ROGER L. & RUTH B. 506 REDBUD RD WINCHESTER,VA 22603 drewD. Evans, Zoning Administrator Frederick County Planning Dept. I, Be -Al R n HaI I , a Notary Public in and for the State and County aforesaid, do hereby certify that Andrew D. Evans, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated 8 - ,:W.9-1 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �th day ofU My commission expires on FeUI l� rirU O7q . jggq �'� NOTARY PUBLIC • Mr. John Riley Frederick County Administrator 107 North Kent Street Winchester, Virginia 22601 Dear Mr. Riley: CP I am writing to you because I am trusting that if you cannot help me in my dilemma that you will forward this problem onto the appropriate department and let me know which one it goes to. Ilive on Red Bud Road The entrance to Fay Spring Center is at the corner of my front yard, just seventyfeet from my deck and the driveway runs alongside my yard for otte hundred eighty three feet. Ilived at Fay Springs myself (then known as "Hackwood') front 1972 until 1979, my husband farmed that property several years before we moved there. We became very attached to this little piece of Frederick Co., when the House in front was ptit on the market we bought it, finished raising our family and have lived here for the last sateen years. We have stayed because it was a safe quiet neighborhood for our family and for our retiring years. The building of Red Bud School caused more traffic than we would have preferred but, being parents ourselves we understood. My problem Mr. Riley is Fay Spring Center. This property has changed hands five times since we lived there, until now it has ahvays been used for agricultural purposes. The last sale 11nyroyor t.nc br0!!g{11 much grief and d:STupdo n 10 my life and tanc;a away tii%S2rettiy f,-iiiit the neighborhood Mr. and Mrs. Goodman have used this property to obtain donations and to raise money for their own business with no consideration for the neighborhood or its residents. They do not live here. They just run their many businesses front the property. The Goodmans have: Many catered events including weddings and receptions; Camping; Recreational tours; An animal business; A retail shop. They have large tour buses sitting in front of my house with the motors running for hours, fumes and noise coming into my house. They have campers coming to my door at ten o'clock at night asking for hand outs. They have traffic in and out until very late at night. The gateway to the property has two large pillars, an entranceway that is only 13 foot wide. Tour buses have taken up to twenty minutes trying to enter the property; thereby, blocking Red Bud Road traffic for this amount of time. They have horses and carriages parading in and out the driveway. They have moving trucks and vans in and out bringing donations and supplies and they have customers picking up the same and buying from their retail shop. Last summer three mailboxes were taken out by a near auto accident of one of the tour buses. Most of the tour buses cannot turn into the narrow gateway so they are left parked in front of my house while the tourist walk back to the property. I cannot believe that it is safe or legal to park tour buses along a narrow road like Red Bud Road. I have been forced to park my own automobiles in nhy back yard for fear of destruction. My husband passed away last sunutter and I had a stroke, I ant recovered frorth this but I do not need nor want the aggravation and stress this operation is causing. I am asking for an investigation of what these people are doing oil this residential propery. t As a Frederick County Tax Payer 1 believe I have the right to object to the disruption: of hny home of sixteen years. If Mr. and Mrs. Goodman resided here they would not tolerate this either. I also do not believe that they will stop at this, I think they will continue to try to expand their businesses more and more, as they are business people, but it should not be at the expense of the neighborhood Sincerely, Ruth McBride 506 Red Bud Road Winchester, Va. 22602 inchester Star Thursday, November 13, 1997 Section B flackwood Owners Told to Get Their Ducks in a Row Goodmans Have Until Dec. 31 to Devise Health, Transportation Plan for Historic Frederick County Property By JASON ENGLISH The Winchester Star Ducks have probably never received as much attention in front of the Frederick County Board of Supervisors as they did Wednesday night. Stonewall Supervisor Charles W. Ornd- off Sr. told Goodman that he'd better get those ducks in a row —in the form of complying with health and transporta- tion conditions —if he hopes to operate his business legally, something he hasn't been doing for the past year. Goodman and his wife Susan want to use the 18th century home as a venue for functions such as wedding receptions and business meetings, so the supervisors T.P. "Pat" Goodman —owner of the historic Hackwood estate --said if his conditional use permit request for the property didn't materialize, he could always sit on his porch on watch the ducks waddle by. approved a CUP for the couple until Dec. 31, the deadline Goodman must meet to show he has met all requirements set forth by the Lord Fairfax Environmental Health District and the Virginia Depart- ment of Transportation. Health officials are concerned that the property's present 2,000-gallon sewage system is not adequate for events the size Goodman said he anticipates hosting and VDOT officials are requiring Good- man to construct a commercial entrance to his property, located on Redbud Road. "All I'm trying to do is support this colonial piece of architecture," Goodman told the supervisors. "But it doesn't make much sense for me to spend five times my gross income from this place on a commercial entrance, when the City of Winchester will come in and build one suitable for it within one year. The health concerns are not a problem —I can handle that, but we have a problem with the road. To spend $150,000, I'd be bet- ter off to sit on my porch and watch the ducks go by." The Goodmans also own 20 acres sur- rounding Hackwood and, recently, after more than a year of negotiations, sold 113 acres around the adjacent Fay Spring to Winchester for $625,000. The deal created a back-up water supply for the city, and Goodman said the city needs a commercial entrance to access the water —an entrance that Goodman hopes to share with the city. Winchester Utilities Director Jesse Moffett said this morning that no one has told him he will have to improve the entrance he's been using all along. Goodman said he would be willing to provide a 5,000-gallon mobile sewage tank to supply capacity for events at Hackwood, even though he says his events will hardly ever require that much capacity. Between now and Dec. 31, Goodman is to meet with health and VDOT officials to work out a compromise and present the agreement to the Board of Supervi- sors in December. Goodman said he is wary of building a half -mile long septic field on the historic See Hackwood Page B2 Must Be Turned In by Nov. 22 By RHONDA LANCASTER The Winchester Star Summer school is usually pun- ishment, but 14 area high school students volunteered to attend school for fours weeks during their summer vacation. And, they would do it again. The students were part of the Governor's School program, which provides educational experiences for academically and artistically gifted high school sophomores and juniors. All fees are paid by the Virginia Department of Education and the participating school dis- tricts. Applications for next year's pro- gram are available in high school guidance offices. Each high school sets its own deadline for the ap- plications, but all application ma- terials for the visual and perform- ing arts are due Nov. 22, so that auditions may be arranged. Stu- dents may be nominated by teach - High School said that meeting people from across the state really broadened their view of education. "The crowd at math and science gave me a different outlook on the state of public education in Vir- ginia," James Wood senior Micha- el Kim said. "It was good to know there are people out there who care about what is going on in the world," James Wood junior Katie Fuegi said about the students she met at the Latin school at Hollins Col- lege. She said the assumption is that teen-agers in her generation are apathetic toward education, the environment, politics, and life in general. Governor's School dis- pelled that image for her. "We met people who loved something or, at least, had some- thing they could feel passionate about," James Wood senior Katherine Vondy said about the students ttending the humanities X about science while working with others th shared my love of learning.�l — John Handley High School senior Nate Zuckerman The experience overall was a good one for the students, but James Wood High School seniors Michael Kim and Aaron Cun- ningham didn't have all praise for the math, science, and technology school. "The classes were what you would expect from Governor's's School, but the social atmosphere was inappropriate," Kim said. He said students weren't given enough freedom during free peri- ods. "We felt like we were being treated like little kids." Cunningham said the school decided to monitor the students more after an incident the previ- ous year involving destruction of the college's property. "In defense of the Governor's School, the school before us had taken advan- tage of the privileges and it was a van of Winchester; Green, 17, s(V of Hank and Cheryll Green of Winchester; and Zuckerman, 17, son of Phillip and Linda Zucker- man of Winchester. The James Wood students were: Kim, 17, son of Dou S. and Wong C. Kim of Winchester; Vondy, 16, daughter of Derf Vondy and Kay Adrian of Gore; Fuegi, 16, daugh- ter of Ilene Johnson of Frederick County and Robert Fuegi; and Cunningham, 17, son of Michele and Coy Cunningham Jr. of Gore. Sherando students attending Governor's School were: Horne, 17, daughter of Crawford and Sharon Horne of White Post; Grimes, 17, son of Jerry and Pa- tricia Grimes; and Koch, 17, daughter of Karen and Douglas Koch. Clarke County ames senior who attended the Hackwood from Page B2 property, just to accommodate a handful of events each year. Also Wednesday night: • The board adopted a joint res- olution in support of the concept of consolidating fire and rescue services with the City of Winches- ter. Orchardist Dudley Rinker will serve as co-chairman on a joint committee studying consolidation. Also serving on the committee from the county are Perry Silva, Henry Shiley, and Gainesboro Supervisor Richard C. Shickle. • The board adopted an en- hanced retirement plan for sworn law enforcement officers and fire- fighters. Known as LEOS, the plan is a full benefits package that has been touted as a method of both recruitment and retention that would allow law enforcement officers and firefighters to retire at 50 with 25 years of service and get full, unreduced retirement benefits. Currently, county employees must be 55 with 30 years of ser- vice to get full retirement ben- efits. • The board presented a historic plaque to Mr. and Mrs. Robert Grogg, for the Lynn -Lodge House located in the Gainesboro Magis- terial District. • The board approved amend- ments to the county code that allow hardware, plumbing, and heating equipment and supplies establishments as a permitted use within the B-2 (general business) district. • The board approved the mas- ter development plan for Phase III of the Westridge Subdivision, which will have access from West View Lane via Middle Road. • The board approved a request from Parks and Recreation Direc- tor James Doran to fill the vacant position of program supervisor. • The board approved the re- structuring of the Finance Depart- ment, which will create a new position of assistant finance direc- tor, and another new position of account clerk III. Attending the board meeting in the board room of the County Of- fice Complex were: Chairman James L. Longerbeam, Back Creek Supervisor Margaret B. Douglas, Gainesboro Supervisor Richard C. Shickle, Opequon Su- pervisor Robert M. Sager, Shaw- nee Supervisor W. Harrington Smith Jr., and Orndoff. European Union from Page B1 said. __.I Union has not been able to con- - r'-^-+ Prifn;n whether the and the iQ to de B2 poses of setbacks and Mati - cadilly Street was a side street. While the church's building front is on Washington Street, Piccadilly Street is technically the church's front because the church's frontage on Piccadilly is shorter. The question was crucial to the church's expansion plans because setback from property lines are based off a property's front yard. If Piccadilly Street was the front yard, the rear -yard setback —the church's southern property line —would have been 25 feet. That setback would have made it impractical to build the new addition, First Baptist spokesper- son Kimberli Ball told the BZA. With Washington Street as the yard, requiring a oot setback from the property line. It also means the church can build an addition to within 25 feet of its western property line, in this case, the backyard setback. Zoning and Inspections Director Tom Lloyd said the church could build a parking lot behind the proposed building. A parking lot can come within five feet of a property line, he said. Ball said the BZA's decision al- lows the church to move forward with its expansion plans. She said the next step is having architects look over the space available to build and then design facilities that meet a long list of church needs. See Variance Page B3 An Assistant for Riley By JASON ENGLISH The Winchester Star The salary will be $48,000 per year, including benefits, and the person will receive $3,000 for moving expenses. She's not from the area —she even interviewed for the job through a videotape. Her name? We won't know who Frederick County's new assistant county administrator is until next week or so, according to County Admin- istrator John R. Riley Jr. While meeting and interviewing the candidate in person on Wednesday during executive ses- sion, the Frederick County Board of Supervisors offered the as- sistant position to the mystery woman. The board chose the individual out of a pool of more than 70 ap- plicants, which included three or four currently on the county pay- roll, Board of Supervisors Chair- man James L. Longerbeam said. The assistant county admin- istrator position hasn't been a part of the county payroll since 1993, when Stephen F. Owen re- signed to become Powhatan Coun- ty administrator. Riley has said the position is needed to help improve the rela- tionship between the county's de- partments and his office. Also, Riley hopes the new person will allow him more time with the Board of Supervisors and its pressing issues, as well as give Riley's office more of a presence with the various county commit- tees.