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Home My WebLink About12-97 Michael M Milam (Milam's Landscaping) - BackfileIt k CUP TRACKING SHEET (To be completed by Frederick Co. Staff only.) CUP ,# 0M , '` Owner/Applicant Application Date Fee Paid yes initials: Sign Deposit yes Sign return date: Submittal Cut -Off Date �9 7 P/C Mtg. date: 9 3-7 L BOS Mtg. date: 04 _% AGENCY REVIEW COMMENTS VDOT Airport Authority Inspections City of Winchester r Fire Marshal Co Sanitation Authority ---,---- + Health Dept. - r PLANNING COMMISSION RECOMMENDATIONS of 3: /9 9 7 (dAte) APPROVAL (WITH CONDITIONS) V yes no: DENIAL Sign ,Scretary Date % 9- BOARD OF SUPERVISORS,PUBLIC HEARING CTION q 7. at !) APPROVAL Signed ,C my Adm. aDENIAL Date 77 9 7 Iv • 7 �'� ai"0�,'"_ lloJG�G¢dJmil f�%O��2�iy �•.�CY OEM Received From Address For d Ift: AMT. OF ACCOUNT AMT PAIL) BALANCE DUE Date CASH CHECK MONEY ORDER By 0025169 ------ bollars $ TO ('mot ❑ URGENT Date —7 Time �30 c . WHILE YOU WERE OUT From c� of Phone Area Code Number Ext. Fax Area Code Number Telephoned Please call Came to see you Wants to see you Returned your call Will call again Message /hu l l a Signed Quill Corporation • Re -order Number 7-92001 yet c l o-..— 3" `Y o P /-I 11718313212-�N L1338 95'1 COPIES t ENLARGEMENTS CALL SM-421-1030 t Y'1 Y m t - - ? '-.. 11718318212-2N 038 9572 COPIES & EKLHRGEM. TS CALL MO-421-1U30 r I April 9, 1998 Mr. Michael M. Milam 2186 Northwestern Pike Winchester, Virginia. 22603 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 RE: CUP #012-97 OF MILAM'S LANDSCAPING, PIN 92-A-47 Dear Mr. Milam: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 8, 1998. Conditional Use Permit #012-97, for the operation of a landscape contracting and garden center (wholesale, retail nursery stock), was approved for continuation with a number of conditions. The original conditions as approved on October 7, 1997, and the new conditions as approved on April 8, 1998, include the following: 1. All review agency comments must be complied with�t. all times. 2, A minor site plan shall be approved by the County. 3:.. A commercial entrance meeting VDOT requirements shall be constructed and approved within 60 days of -the conditional Use.Permit approval. 4 - 1Ieth. DepOrtm�t approval of a sewage disposal system shall be obtained within 60 days of the conditional use permit approval. Any»signage. for the business must be as,permitted;by--the Zoning -.Ordinance. 6,.. The. business sign will Yie reriioved.gr Wv ted until the business has satisfied all conditions of this ;is coridilron is effective, immediately, 7. All, requirements of the CUP will be satisfied to the satisfaction of the staff before the operation is 'pen for .any retail sales. - 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Milam's Landscaping Milam. Michael April 9, 1998 8. All of these conditions are to be completed no later than July 15, 1998. In the event that full compliance has not been achieved by July 15, 1998, this CUP will be automatically revoked on July 16, 1998. If you have any questions regarding this action, please feel free to call this office. Sin rely, Eric R. Lawrence Zoning Administrator ERL/bah cc: Jim Longerbeam, Chairman, Board of Supervisors Richard Shickle, Gainesboro District Supervisor Ellen Murphy, Commissioner of Revenue John R. Riley, Jr., County Administrator 0:WGENDAS\APPRVLTR\MILAM2.CUP COUNTY of FREDERIC Department of Planning and Dcvclopment 703 / 665-5651 Fax 703 / 678-0682 April 28, 1994 Boyer Landscaping, Inc. Attn: Lewis A. Boyer, II 1165 Fairfax Pike Stephens City, Virginia 24018-3541 Mr. Boyer: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 27, 1994. Conditional use permit, #002-94, was approved for the expansion of an existing business onto an adjoining lot. This property is located on Route 277 (Fairfax Pike), past the intersection of Route 277 and Route 636, in the Shawnee District, and is identified as PIN'S 86-A-159 and 86- A-160. This use has been approved provided the following conditions are complied with: 1. Any change in use or expansion of this use shall require a new permit. 2. No more than one sign shall be allowed and it shall be limited to 15 square feet in size. 3. A revised site plan must be submitted and approved. Requirements of the site plan must be completed within 12 months of the final approval date of this permit. 4. The commercial entrance must be completely installed and approved within the restrictions of the VDOT permit, but no later than 12 months from the final approval date of this permit. 5. If allowed to continue in existence, internal lot lines must be honored with proper setback restrictions. 6. All review agency comments must be addressed and requirements completed in conjunction with the completion date of the site plan requirements. ti 9 North LOUdoun Street P.O. Bos 601 Winchester. VA 22601 Winchester, VA 22004 17JR Dcp or Planning and Dcvclopmcnt 703 / 665-5651 Fax 703 / 678-0682 September 11, 1992 Lewis A. Boyer P.O. Box 787 Stephens City, Virginia 22655 Dear Mr. Boyer: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of September 9, 1992. Your conditional use permit, #010-92, was approved for a. landscaping business. This property is located on Route 277 East, in the Shawnee District and is identified as GPIN 860000A0001590. The following conditions have been placed upon your permit: 1. Any change in use shall require a new conditional use permit. 2. No more than one sign will be allowed and it shall be limited to eight square feet. 3. No structures shall be expanded to contain the use unless a revised Conditional Use Permit is obtained. 4. All review agency comments must be addressseedsincludingbtthhit sub ittal of an of engineered site plan. A site plan is to meeting. 5. Adequate parking shall be provided for employees, customers and delivery vehicles (per Article III, section 3-3 of the Zoning Ordinance). 6. Business must move from current location on Route 647 to approved location within 60 days of Board of Supervisors approval. If you have any questions, please feel free to call this office. P.O. Box 601 9 North Loudoun Street Winchester, VA 22604 Winchester, VA 22601 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 Vd _ SUBJECT: Public Hearing: Consideration to Revoke CUP #012-97 for .Michael M. Milam DATE: April 2, 1998 As you are aware, the Board approved CUP #012-97 on October 7; 1997, for Michael M. Milam to operate a landscaping service, retail, and wholesale business at 2186 Northwestern Pike. A number of conditions were associated with this CUP approval. In the CUP approval letter issued by the Planning Department on October 8, 1997, five conditions were identified. Mr. Milam has failed to adequately address two of these conditions. These three conditions are: A commercial entrance meeting VDOT requirements shall be constructed and approved within sixty (60) days of the Conditional Use Permit approval. A minor site plan shall be approved by the County. Any signage for the business must be as permitted by the Zoning Ordinance. (Mr. Milam satisfied this requirement in the beginning of March. It was at that time that he reduced the size of his sign to comply with the maximum sign size requirement.) VDOT Entrance Requirements Based on the 60-day requirement stated in the approved CUP, the VDOT entrance should have been satisfied by the beginning of December 1997. In December, VDOT agreed to allow a street connection design rather than the standard commercial entrance requirement for this project. In a conversation with Mr. Steve Melnikoff of the Virginia Department of Transportation on March 3, 1998, staff was informed that Mr. Milam has not contacted VDOT since December 1997. VDOT has yet to receive the necessary design requirements for review. Signage Mr. Milam was notified in June 1997 that his business sign was illegal. In a letter dated October 3, 107 North Kent Street • Winchester, Virginia 22601-5000 0 • Milam Landscaping CUP #012-97 Page 2 April 2, 1998 1997, Mr. Milam was informed that the erected sign exceeded the maximum sign square footage allowed, and that a sign permit is required. This sign exceeded the maximum sign size requirement until the beginning of March 1998, at which time the sign size was reduced. A sign permit will be issued to Mr. Milam once he has satisfied the requirements of the CUP. Minor Site Plan In a brief discussion with Mr. Painter of Painter -Lewis, P.L.C. on February 24, 1998, staff was informed that Mr. Milam has not requested the services of Painter -Lewis for a minor site plan. Painter -Lewis had discussions concerning the entrance design, but was never authorized to initiate work by Mr. Milam. In a brief discussion with Mr. Milam on March 2, 1998, Mr. Milam indicated that he intends to seek approval for an entrance design/plan. When. staff stated that a minor site plan was in fact required, Mr. Milam stated he was not aware of such a requirement. Staff referred him to the CUP approval letter dated October 8, 1997, in addition to other correspondence. Recent Mailings to Mr. Milam Staff has mailed a number of letters to Mr. Milam addressing the CUP requirements. A second deadline of February 20, 1998, was established for the completion of all requirements associated with the approved CUP. These letters were sent via certified mail to Mr. Milam in January 1998. As the certified mail was left unclaimed, the assistance of the Sherifs department was utilized. The Sheriff's department delivered the letters to Mr. Milam on February 9, 1998. This office received a letter from Mr. Milam on February 9, 1998, stating his intention of satisfying the CUP requirements by April 1998. This letter also stated that he hoped to reopen the business by April 1, 1998. In conflict to Mr. Milam's letter, there was a Grand Opening banner sign placed at the business site, and observed by staff on February 27, 1998. Copies of these letters are enclosed for your information. Based on the activities which have occurred relating to Conditional Use Permit #012-97, the. staff recommendation to the Planning Commission was for revocation. Planning Commission Summary and Action of 3/18/98 Mr. Michael M. Milam, the owner, was present at the meeting and stated that due to limited finances this past winter, he was unable to provide the money that was necessary to accomplish the site plan or the commercial entrance. Mr. Milam said that he has now retained Painter -Lewis, P.L.C. to produce a site plan, and after approval by the various reviewing agencies, the site plan will be sent to VDOT for review of the necessary design requirements for construction of a street connection. Regarding his illegal sign, Mr. Milam said that he has reduced the size of the sign to meet requirements and has applied for a sign permit. Regarding his County business license, Mr. Milam Milam Landscaping CUP #012-97 Page 3 April2, 1998 said that he does not have a license as of yet, but is making payments to obtain one. (Mr. Milam recieved his business license on March 19, 1998, the day after the Planning Commission meeting.) At the public hearing, Mr. Milam presented two letters to the Commission. The first was from Painter -Lewis stating that a site plan would be submitted to the County for review by March 25, 1998. Staff has not received the site plan submission as of April 1, 1998. The second letter was from Carroll Construction stating that Mr. Milam had instructed them to construct the site's entrance. Upon considering the time frame for possible completion of the items mentioned, the Commission did not feel the commercial entrance requirement could be completed until July. There was discussion on whether the operation could legally proceed as an agricultural use until July, without retail sales; however, it was pointed out that even without retail sales, there would still be landscape crews going in and out of the site. Commission members felt it was very difficult to support further extension of the CUP while waiting for the requirements to take place, especially when other similar businesses throughout the County had complied with requirements. However, the Commission did not want to place Mr. Milam out of business and since it appeared he was making a good faith effort to comply, the Commission unanimously made a recommendation to allow the CUP to remain as is with the following additional conditions/stipulations to be completed no later than July 15, 1998: 1) The sign will be removed or covered until the business is ready to open; and 2) All requirements of the CUP will be satisfied to the satisfaction of the staff before the operation is open for business for any retail sales from this location. The Commission prefers not to revisit this CUP. On those grounds, members of the Commission requested that should Mr. Milam fail to satisfy the requirements issued in October, in addition to those outlined above, then the CUP should automatically be revoked on July 16, 1998. Staff will be available to address your questions. An action of the Board's behalf would be appropriate. ERL/cc Attachment U.\ERIC\COMMON\98LETTER\MILAM6. WPD LJ C� PAINTER-LEWIS, P.L.C. CONSUL TING ENGINEERS 302 South Braddock Street, Suite 200 Winchester, VA 22601 Mr. Eric R. Lawrence, Zoning Administrator County of Frederick, Virginia 107 N. Kent Street Winchester, Virginia 22601 Re: Milam's Landscaping and Garden Center Minor Site Plan Tel.: (540) 662-5792 Fax.: (540) 662-5793 March 18, 1998 Dear Sir: As previously discussed, at the beginning of this month, Mr. Michael M. Milam retained the services of Painter -Lewis, P.L.C. to prepare the site plan documents for the Milam's Landscaping and Garden Center to be located at 2186 Northwestern Pike. After several months of discussion involving type of entrance design, pavement structure, parking layout, etc. Mr. Milam has authorized us to proceed with the design. Pursuant to my discussions with Mr. Milam, this project had to be submitted by March 18, 1998. It was our intention to have these documents prepared and submitted to the review agencies as of this date, however, due to some discrepancies in the existing conditions and topographic information these documents can not be properly completed. I would like to assure you that Painter -Lewis, P.L.C. in association with Marsh & Legge Land Surveyors, P.L.C. has done everything possible to have these documents prepared and submitted by the March 18, 1998 deadline. Also, Mr. Milam has been very helpful in providing the necessary information to expedite the completion of this project and authorized us to do all that is required to have this plan completed by the Planning Commission meeting. Unfortunately, the additional site observation and field surveying, that will be necessary to fulfill the requirements associated with the site plan documents, will prevent the satisfactory completion of the project by the specified date. Please be advised that the additional field surveying is scheduled to be done this week and as soon as this information is received the site plan will be completed in turn. It is anticipated that the site plan will be completed and submitted to the review agencies no later than March 25, 1998 Page 1 I would like to thank you for your assistance and cooperation in regard to this matter. As always, it has been a pleasure working with you and if you would have any questions or would require further information please do not hesitate to contact me. Mr. Michael M. Milam Milam's Landscaping & Garden Center 950 Cedar Grove Winchester, Virginia 22603 Page 2 Sincerely, Timothy . Painter, P. E Carroll Construction March 18, 1998 WBE Certified 305 Ebert Road, Winchester, VA 22603 • Voice: 540-667-1596 • Fax: 540-667-6624 Mr. Eric Lawrence Frederick County Planning 107 North Kent Street Winchester, Virginia 22601-5000 RE: Milam's Landscape and Garden Center Street Connection/Commercial Entrance Dear Mr. Lawrence: Pease let this letter serve as formal written notification that Mr. Mike Milam has contracted with Carroll Construction Co. to install a Street connection and commercial entrance at his business located At 2186 Northwestern Pike, Winchester, Virginia. Upon completion of the final site plan by Painter -Lewis PLC, Carroll Construction Co. will make formal application with the Commonweath Of Virginia for a permit to construct the entrance. Upon receipt of the State Entrance Permit, work should be completed within ninety (90) days. Please feel free to contact me should you have any questions or if I can Provide you with any additional information. Sinc y, Beth Carroll Lewin President 0 S rvic:e RetalL Merchant ELK' BUG 4 l• w � a a BUSINESS LICENSE This is to certify that M:r.lw()MS !..A)r DSC:(1PEK t VVP License Effective I....Q1..».98 / 12 _-3:i....9f.-) has complied with all requirements to operate a business in Frederick County as described in Frederick County Code Chapter 155. .Physical Location. Commissioner of the Revenue COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAY: 540/ 678-0682 February 26, 1998 Mr. Michael Milam 2186 Northwestern Pike Winchester, Virginia 22603 RE: Conditional Use Permit #012-97 Dear Mr. Milam: In a letter dated January 30, 1998, you were informed of a February 20, 1998 deadline for completion of all items associated with Conditional Use Permit #012-97. As of today, you have failed to comply with the stated requirements of the approved CUP. I am in receipt of your letter dated February 5, 1998, which states your intention of achieving full compliance with the approved CUP by April 1, 1998. You also contacted me on -February 19, 1998, to confirm that I had received the letter, and to inform me of the specifics of your progress towards compliance. Below are some of the specifics that ygu provided: 1: That Tim Painter, Painter -Lewis, P.L.C., has started the minor site plan. I spoke with Mr. Painter on February 24, 1998. He informed me that you have not authorized him to begin any work for this project. He further provided that you have only discussed an entrance plan; you stated that the entrance was all that was needed for the minor site plan. Planning Response: The approved CUP required that a minor site plan be approved by Frederick County. This minor site plan requires more than simply an entrance to the site; access, parking, and health systems location are some of the necessary items that should be included on this minor site plan. 2. That construction of a commercial entrance is awaiting approval from VDOT as to what type of entrance is required. I spoke with Mr. Steve Melnikoff, Virginia Department of Transportation, on 107 North Kent Street - Winchester, Virginia 22601-5000 •• 0 Page 2 Milam, Michael CUP # 012-97 February 26, 1998 February 24, 1998. He informed me that in a conversation with you in December, he agreed that a `street connection' design would be an acceptable entrance for this project. Mr. Painter confirmed that he was aware of the agreement that a `street connection' design would be appropriate. Planning Response: Since VDOT agreed to the entrance type in December, you should have authorized an engineer to begin the entrance design for the minor site plan, as required by the approved CUP. 3. That you were to meet with John Trenary, Building Official, on Monday, February 23, 1998, to discuss the requirements of, and apply for, a sign permit. In a discussion with Mr. Trenary on February 24, 1998, he stated that he had not spoken with you in the past few months, nor had any arrangements been made to meet with you on February 23, 1998, to discuss the sign permit. Planning Response: In a letter dated October 3, 1997, and in the approval of the CUP, you were informed about the Zoning Ordinance sign requirements, and that your existing sign was in violation. This sign issue should have been resolved once the violation was brought to your attention in October 1997. When the Conditional Use Permit for this project was approved in October, a number of conditions were attached, one of which stated that a commercial entrance meeting VDOT requirements shall be constructed and approved within sixty (60) days of CUP approval. This would have created a deadline in November 1997. Obvious by my above mentioned research, this date was not satisfied. Based on my review of compliance to the approved CUP, you have neglected to satisfy the stated conditions associated with Conditional Use Permit #012-97. The initial deadline in November 1997 has come and passed without compliance. The extension deadline of February 20, 1998, has passed, and little additional progress has been achieved. Therefore, I have determined that you have not satisfied the conditions associated with the CUP, and I will recommend to the Frederick County Board of Supervisors that Conditional Use Permit #012-97 be revoked. The Planning Commission will review the status of this CUP at their meeting on March 18, 1998; their discussion will result in a recommendation to the Board of Supervisors. I would encourage your participation at these hearings. 0 Page 3 Milam, Michael CUP # 012-97 February 26, 1998 I am available to further discuss this letter. Sincerel , C Eric R. Lawrence Zoning Administrator ERL/bah Attachments cc: John R. Riley, Jr., County Administrator Richard C. Shickle, Board of Supervisors Gainesboro District Jerry Copp, Virginia Department of Transportation John Trenary, Frederick County Building Official U.\ERIC\COMMON\98LETTER\MILAM4. W PD 0 9 MILAM'S 0 • LANDSCAPE & GARDEN CENTER 2186 NORTHWESTERN PIKE WINCHESTER, VA 22603 PHONE: 540-722-3004 FAX: 540-722-4807 MICHAEL M. MILAM, OWNER February 5, 1998 Wayne Miller Dept of Planning and Development 107 North Kent Street Winchester VA 22601-5000 RE: CUP #012-97 of Milam's Landscaping, PIN 92-A-47 Dear Mr. Miller: Thank you for working with me in regards to my Conditional Use Permit. I am writing to update you on the conditions set forth in Andrew Evans letter dated October 8, 1997. Item 1. Review agency comments have been complied with or will be complied with by April 1, 1998. Item 2. Minor site plan has been started by Tim Painter, Painter & Lewis, and is awaiting a decision from VDOT before completion. Should be completed by April 1, 1998. Item 3. Construction of commercial entrance is awaiting approval from VDOT as to what type of entrance is required. Should be completed by April 1, 1998. Item 4. Health Department approval is complete and on file with Frederick County. Item 5. Current sign has to be modified to reduce square footage. Should be completed by April 1, 1998 I hope to reopen the Garden Center by April 1, 1998. The commercial entrance will be under contract at that date but will be completed subject to the contractors schedule. Sincerely, co 4v is " M�Mila `,� Mhm ?� o en C-- L J �1G OG • oil FILE CO n R? COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 October 3, 1997 Mr. Michael Milam 2186 Northwestern Pike Winchester, VA 22603 RE: Sign Permit Dear Mr. Milam: I am writing to you concerning your request for a sign permit. My review indicates that the existing sign, located on the property and shown on a drawing with the permit, is larger than the allowed 100 square feet. in area. The V-shaped sign is considered to be one (1) sign. The total area cannot exceed 100 square feet which would be a 6' x 8' (48 s.f.) face. Two of these will equal 96 square feet. Only franchise - signs may exceed the 100-square-foot size. (A copy of the regulations is enclosed.) Please modify your permit to reflect the qualifying size of the sign. Once the Board of Supervisors takes action on the 7th of October concerning your Conditional Use Permit, then any outstanding permits can be reviewed and approved if applicable. Should you have any questions, please give me a call. Sincerely, Andrew D. Evans, CZA Zoning Administrator ADE/cc Enclosure U:1AND11COAI.\IONII)'L=-..R1\IIL\\I L7R 107 North lent Street - Winchester, Virginia 22601-5000 .. .. FILE COPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 October 8, 1997 Mr. Michael M. Milam 2186 Northwestern Pike Winchester, VA 22603 RE: CUP #012-97 OF MILAM'S LANDSCAPING, PIN 92-A-47 Dear Mr. Milam: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 7, 1997, Your Conditional Use Permit 4012-97, for the operation of landscape contracting and garden center (wholesale, retail nursery stock), was approved with the following conditions: 1. All review agency comments must be complied with at all times. 2. A minor site plan shall be approved by the County. 3. A commercial entrance meeting VDOT requirements shall be constructed and approved within sixty (60) days of the Conditional Use Permit approval. 4. Health Department approval of a sewage disposal system shall be obtained within sixty (60) days of the conditional use permit approval. 5. Any signage for the business must be as permitted by the Zoning Ordinance. If you have any questions regarding this action, please feel free to call this office. Sincerely, /A Z- Andrew D D. Evans Zoning Administrator ADE/cc cc: Commissioner of Revenue 107 North Kent Street - Winchester, Virginia 22601-5000 s• !• I Certified Mail #P 061 039 534 January 9, 1998 Mr. Michael Milam 2186 Northwestern Pike Winchester, VA 22603 RE: Conditional Use Permit #012-97 Dear Mr. Milam: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 ` sc) ~' ~-- �au',3� 0 1998 Executed on the of 9Q) within the County of Frederick, Va. by delivering true copy of the withi ��nrr r in writing in person. 01(.L AE7V�m s UP) Sheriff, County of Frederick, Va. By Deputy Sheriff This letter is in reference to Conditional Use Permit #012-97, for the operation of a landscape contracting and garden center. The Frederick County Board of Supervisors approved this CUP on October 7, 1997, with a number of conditions. As this business was operating illegally, it was imperative that each condition be addressed promptly. The following is a summary of some of the conditions associated with the approved CUP. Health Department and Virginia Department of Transportation Approval. The approved CUP required that you gain Health Department and Virginia Department of Transportation approval within 60 days which established December 8, 1997, as the compliance deadline. In a brief conversation in early December, you acknowledged this deadline and expressed your intent to comply. As of January 9, 1998, I have received no confirmation that you are in compliance with the CUP requirements. 2. Submission of a Minor Site Plan. The approved CUP required that a minor site plan be submitted and approved by the County. As of January 9, 1998, this office has not received a site plan application. Bring the Existing Sign located on Route 50 West into Compliance with the Zoning Ordinance. The existing sign on Route 50 West advertising your business is illegal. The sign does not conform with the requirements of the Zoning Ordinance as it exceeds the dimensional requirements and a sign permit has not been obtained. 107 North Kent Street • Winchester, Virginia 22601-5000 i 1 � r r 1 •� •0 Mike Milam Letter Page 2 January 9, 1998 The mere approval of a Conditional Use Permit (CUP) does not permit you to operate a business at this location; the approved CUP had a number of conditions that you were to satisfy. You have not satisfied these conditions; you continue to operate an illegal business. This office will give you until Friday, January 23, 1998, to satisfy the conditions of Conditional Use Permit #012-97, some of which are outlined above. Failure to comply with CUP #012-97 by this deadline may result in the revocation of CUP #012-97. I am available to further discuss this letter. Sincer ly, r Eric R. Lawrence Planner II ERLlbah cc: John R. Riley, County Administrator Richard Shickle, Gainesboro District Supervisor. U:\ANDYXCOMMON\97LEMR\MILAM2.LTR • • • • January 30, 1998 Mr. Michael Milam 2186 Northwestern Pike Winchester, VA 22603 RE: Conditional Use Permit #012-97 Dear Mr. Milam: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 This letter is in reference to Conditional Use Permit #012-97, for the operation of a landscape contracting and garden center. The Frederick County Board of Supervisors approved this CUP on October 7, 1997, with a number of conditions. As this business is operating illegally, it is imperative that each condition be addressed promptly. Attached is our attempt to contact you via certified mail. This certified letter was returned to our office after three attempts to gain your signature. The mere approval of a Conditional Use Permit (CUP) does not permit you to operate a business at this location; the approved CUP had a number of conditions that you were to satisfy. You have not satisfied these conditions; you continue to operate an illegal business. This office will give you until Friday, February 20, 1998, to satisfy the conditions of Conditional Use Permit #012-97, some of which were outlined in the letter dated January 9, 1998. Failure to comply with CUP #012-97 by this deadline may result in the revocation of CUP #012-97. I am available to further discuss this letter. Sincerely, Eric R. Lawrence Zoning Administrator Enclosure Fxecuted on the--'3_of jj RU6('?V 19� within the County of Frederick, a- by delivering a 4tOQ-G,7 true copy of the within- ots0ZlLotJR L U5t c6r,1"ri in writing to--LP- in person. �• � CJ1 LI�L�m.so� Sheriff, County of Frederick, Va. ERL/cc By Deputy Sheriff cc: John R. Riley, County Administrator j. C . Richard Shickle, Gainesboro District Supervisor t U:\ANDY\COMMON\97LETrER\MILAM3.LTR 107 North Kent Street • Winchester, Virginia 22601-5000 0 • • January 30, 1998 Captain Johnson- Thank you for your assistance in delivering this zoning violation notice. Please inform me of the date and time of delivery. Thanks again. L.- `/ Eric Lawrence Zoning Administrator _ /W4Nfi /411,4 w PC REVIEW: 9/3/97 BOS REVIEW: 10/7/97 CONDITIONAL USE PERMIT #012-97 Michael M. Milam Milam's Landscaping and Garden Center LOCATION: This property is located at 2186 Northwestern Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 52-A-B PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Landscape contracting and garden center (wholesale, retail nursery stock) ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and orchard PROPOSED USE: Operation of landscape contracting and garden center (wholesale, retail nursery stock) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The existing entrance serving this property is inadequate and does not allow for safe egress and ingress to the business. Before we could support a conditional use permit for operation of a business at this location, the entrance should be upgraded to our minimum commercial design standards. A site plan prepared by a professional engineer which details all entrance and related right-of-way improvements will need to be submitted for our review. Once approved, any work performed on the right-of- way must be covered under land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: Building shall comply with Virginia Uniform Statewide Building Code and Section 309, Use Group M (Mercantile) of the BOCA National Building Code/1996. Other codes that apply are CABO al 17.1-92 Accessible and Useable Buildings •` 0! Michael M. Milam - CUP #012-97 Page 2 October 2, 1997 and Facilities. Note: Restroom shall be available in accordance with the International Plumbing Code. Building permit shall be required; sign located on property and inspections completed. Fire Marshal: Any burning of land -clearing debris requires a burning permit issued by the Fire Marshal's Office. Health Department: The Frederick County Health Department received an application from Mike Milam on 7/30/97 to investigate sewage disposal options as part of his conditional use permit application. At this time, we are evaluating the option of using the sewage disposal system in an existing house on the property. If this option is not satisfactory, the Health Department will work with Mr. Milam to investigate options for a new sewage disposal system. Until the evaluation is completed, we can make no statement as to whether either option is appropriate. Planning and Zoning: Landscape contracting businesses and retailing or wholesaling of nursery stock and related products are a permitted use in the RA ( Rural Areas) Zoning District with approval of a conditional use permit. This petition utilizes a tract of land that currently has a house, barn -like structure and several other outbuildings. The adjacent properties are zoned RA (Rural Areas) and have uses prevalent in this zoning district. Entrance to the site will have to be upgraded to provide for safe ingress and egress. At present, the Health Department is evaluating the existing sewerage facilities, and it may be that another system or other facilities will be needed to accommodate the business. Approval should be considered if the applicant can provide the necessary and required commercial entrance, and provide sewerage disposal facilities. Approval of this permit with conditions should not tend to change the character and established pattern of development of the area, or adversely affect its natural character and environmental features. STAFF RECOMMENDATION FOR 9/3/97: Staff recommends approval with the following conditions: 1. All review agency comments must be complied with at all times. 2. A minor site plan shall be approved by the County. 3. A commercial entrance meeting VDOT requirements shall be constructed and approved within sixty (60) days of the conditional use permit approval. 4. Health Department approval of a sewage disposal system shall be obtained within sixty (60) days of the conditional use permit approval. w » Michael M. Milam - CUP #012-97 Page 3 October 2, 1997 S. Any signage for the business must be as permitted by the zoning ordinance. PLANNING COMMISSION SUMMARY & ACTION OF 09/03/97: The applicant's business was currently operating illegally. In order to bring the business in compliance with VDOT and Health Department requirements as quickly as possible, the Commission endorsed the staff's recommendation that the applicant comply with those agencies within 60 days, as stated in the conditions for approval. There was also concern about signs being placed within the highway's right-of-way along the road adjacent to this business and, therefore, the Commission included the condition regarding signage. There were no public comments. The Commission recommended approval with the following conditions: All review agency comments must be complied with at all times. 2. A minor site plan shall be approved by the County. 3. A commercial entrance meeting VDOT requirements shall be constructed and approved within sixty (60) days of the Conditional Use Permit approval. 4. Health Department approval of a sewage disposal system shall be obtained within sixty (60) days of the conditional use permit approval. 5. Any signage for the business must be as permitted by the Zoning Ordinance. The vote was as follows: YES PTO APPROVEI: Miller, Stone, Ours, Thomas, Romine, Marker, Copenhaver, Light, Morris ABSTAIN: DeHaven (Mr. Wilson was absent.) O: AGENDASTOMMENTSWILAM.CUP M M Submittal Deadline - 0'97 �cX oGy P/C Meeting 3- 9 7 BOS Meeting /0-7 a APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: Michael M. Milam ADDRESS: 2186 Northwestern Pike, Winchester, VA 22603 TELEPHONE ( 540 ) 722-3004 2. Please list all owners, occupants, or parties fn interest of the property: WWW, LC (Mr. Frank Armstrong, Mr. Robert Solenberger, Mr. Jim Wilkins) Michael M. Milam - Lessee 3. The property is located at: (please give exact directions and include the route number of your road or street) Route 50 West - right on Round Hill Road, 1/4 mile into orchard 4. The property has a road frontage of 1896.6 feet and a depth of 1572.85 feet and consists of 67.096 acres. (Please be exact) 5. The property is owned by WWW, LC as evidenced by deed from C.L. Robinson Corp. recorded (previous owner) in deed book no. 848 on page 1196 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. M 14-Digit Property Identification No. _ Magisterial District Gainesboro District Current Zoning RA 7. Adjoining Property: USE North 53-A-A East South West ** See attached list 53-A-77,75,74,73 52-A-71A thru 52A 52-A-C 52-A-B ZONING RA RA RA NAME Sauder, Glen R. & Mary Ann ADDRESS 190 Robin Hood Circle PROPERTY ID# 53-B-1-3,4 Winchester, VA 22603 NAME Fletcher, Robert N. & Lilly ADDRESS 2153 Northwestern Pike PROPERTY ID# 53-B-1-7 Winchester, VA 22603 NAME Grim, Mary F. ADDRESS 2161 Northwestern Pike PROPERTY ID# 53-B-1-8 Winchester, VA 22603 NAME Link, Junior L. & Dorothy E. ADDRESS 2177 Northwestern Pike PROPERTY ID# 53B-1-9,9A,10, 11 Winchester, VA 22603 NAME Halver, Russell F. & Renee ADDRESS 219 Cougar Trail PROPERTY ID# 53-8-1-12 Winchester, VA 22602 NAME Commonwealth of Virginia ADDRESS PROPERTY ID# 52-A-7/A NAME Ashwood, Winfred R. & Mary V. ADDRESS 2255 Northwestern Pike PROPERTY ID# 52-A-252 Winchester, VA 22603 NAME Larrick, R. M. & Elva J. ADDRESS 2243 Northwestern Pike PROPERTY ID# Winchester, VA 22603 NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# so S. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: no construction 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME Fruit Hill Orchard ADDRESS PO Box 2368, Winchester, VA 22604 PROPERTY ID# 53-A-A NAME Renner, Paul C. & Clara E. ADDRESS 118 Echo Lane PROPERTY ID# 53-A-77 Winchester, VA 22603 NAME Huffman, Page F. & Elva ADDRESS 194 Echo Lane PROPERTY ID# 53-A-73 Winchester, VA 22603 NAME Turner, Benard & Carolyn R. ADDRESS 2578 Northwestern Pike PROPERTY ID# 53-A-74 Winchester, VA 22603 NAME Johnson, Nancy Renner ADDRESS 2054 Northwestern Pike PROPERTY ID# 53-A-75 Winchester, VA 22603 NAME Silver Lake, LC ADDRESS 13 South Loudoun Street PROPERTY ID# 52-A-C Winchester, VA 22601 NAME ADDRESS PROPERTY ID# **Attached list NAME Whitacre, Preston R. & Anna ADDRESS 2131 Northwestern Pike PROPERTY ID# 53-B=1-3,4 Winchester, VA 22603 0 w 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. 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 2186 Northwestern Pike, Winchester, VA 22603 Owners' Telephone No. (540) 722-3004 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Fed,n` fpuNVFm1if- 04- 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. -(r01 w • • COUNTS' of FREDERICK Department of Planning and Development 540/665-5651 FAY: 5.40/678-0682 MEMORANDUM TO: Planning Commission v FROM: Eric R.Lawrence, Zoning Administrator SUBJECT: Public Hearing: Consideration to Revoke CUP #012-97 for Michael M. Milam Cb iNO�neJ er' V%rJecc4—no4 DATE: March 6, 1998 As you may be aware, the Board of Supervisors approved CUP 9012-97 on October 7, 1997, for Michael M. Milam to operate a landscaping service, retail, and wholesale business at 2186 Northwestern Pike. A number of conditions were associated with this CUP approval In the CUP approval letter issued by the Planning Department on October 8, 1997, five conditions were identified. Mr. Milam has failed to adequately address three of these conditions. These three conditions are: ► A commercial entrance meeting VDOT requirements shall be constructed and approved within sixty (60) days of the Conditional Use Permit approval. ► Any signage for the business must be as permitted by the Zoning Ordinance. ► A minor site plan shall be approved by the County. VDOT Entrance Requirements Based on the 60-day requirement stated in the approved CUP, the VDOT entrance should have been satisfied by the beginning of December 1997. In December, VDOT agreed to allow a street connection design rather than the standard commercial entrance requirement for this project. In a conversation with Mr. Steve Melnikoff of the Virginia Department of Transportation on March 3 -7 joy 1998, staff was informed that Mr. Milam has not contacted VDOT since December 1997. VDOT has yet to receive the necessary design requirements for review. Signage Initially informed of an illegal sign on this site in June 1997, Mr. Milam continues to display the illegal sign advertisin- his business. In a letter dated October 3, 1997, Mr. Milam was informed that the erected sign exceeded the maximum sign square footage allowed, and that a sign permit is required. Si610 5-1�- F00-nl&f R:E'Doc.o �s 6,r-- er", O. 107 North Kent Street - Winchester, Virginia 22601-5000 L_J • Milam Landscaping CUP 9012-97 Page 2 March 6, 1998 As of March 6, 1998, the sign continues to exist, exceeding the square footage requirements of the Zoning Ordinance, and the County has not received a sign permit application for the sign. Minor Site Plan In a brief discussion with Mr. Painter of Painter -Lewis, P.L.C. on February 24, 1998, staff was informed that Mr. Milam has not requested the services of Painter -Lewis for a minor site plan. Painter -Lewis had discussions concerning the entrance design, but was never authorized to initiate work by Mr. Milam. In a brief discussion with Mr. Milam on March 2, 1998, Mr. Milam indicated that he intends to seek approval for an entrance design/plan. When staff stated that a minor site plan was in fact required, Mr. Milam stated he was not aware of such a requirement. Staff referred him to the CUP approval letter dated October 8, 1997, in addition to other correspondence. Staff has mailed a number of letters to Mr. Milam addressing the CUP requirements. A second deadline of February 20, 1998, was established for the completion of all requirements associated with the approved CUP. These letters were sent via certified mail to Mr. Milam in January 1998. As the certified mail was left unclaimed, the assistance of the Sheriffs department was utilized. The Sheriff's department delivered the letters to Mr. Milam on February 9, 1998. This office received a letter from Mr. Milam on February 9, 1998, stating his intention of satisfying the CUP requirements by April 1998. This letter also stated that he hoped to reopen the business by April 1, 1998. In conflict to Mr. Milam's letter, there was a Grand Opening banner sign placed at the business site, and observed by staff on February 27, 1998. Copies of these letters are enclosed for your information Based on the activities which have occurred relating to Conditional Use Permit #012-97, staff recommends the revocation of CUP 4112-97. t UIERIC,COMMON\98LE7rER�NIIL�,NI5. WPD r L'or AL7 � -^-- PA iiV TER- L E WIS, P.L.10 CONSULTING ENGINEERS 302 South Braddock Street, Suite 200 Winchester, VA 22601 Mr. Eric R. Lawrence, Zoning Administrator County of Frederick, Virginia 107 N. Kent Street Winchester, Virginia 22601 Re: Milam's Landscaping and Garden Center Minor Site Plan • Tel.: (540) 662-5792 Fax.: (540) 662-5793 March 18, 1998 J ` C-. Dear Sir: As previously discussed, at the beginning of this month, Mr. Michael M. Milam retained the services of Painter -Lewis, P.L.C. to prepare the site plan documents for the Milam's Landscaping and Garden Center to be located at 2186 Northwestern Pike. After several months of discussion involving type of entrance design, pavement structure, parking layout, etc. Mr. Milam has authorized us to proceed with the design. Pursuant to my discussions with Mr. Milam, this project had to be submitted by March 18, 1998. It was our intention to have these documents prepared and submitted to the review agencies as of this date, however, due to some discrepancies in the existing conditions and topographic information these documents can not be properly completed. I would like to assure you that Painter -Lewis, P.L.C. in association with Marsh & Legge Land Surveyors, P.L.C. has done everything possible to have these documents prepared and submitted by the March 18, 1998 deadline. Also, Mr. Milam has been very helpful in providing the necessary information to expedite the completion of this project and authorized us to do all that is required to have this plan completed by the Planning Commission meeting. Unfortunately, the additional site observation and field surveying, that will be necessary to fulfill the requirements associated with the site plan documents, will prevent the satisfactory completion of the project by the specified date. Please be advised that the additional field surveying is scheduled to be done this week and as soon as this information is received the site plan will be completed in turn. It is anticipated that the site plan will be completed and submitted to the review agencies no later than March 25, 1998 Page 1 0 • I would like to thank you for your assistance and cooperation in regard to this matter. As always, it has been a pleasure working with you and if you would have any questions or would require further information please do not hesitate to contact me. c: Mr. Michael M. Milam Milam's Landscaping & Garden Center 950 Cedar Grove Winchester, Virginia 22603 Page 2 Sincerely, Timothy . Painter, P. E Carroll Construction March 18, 1998 Mr. Eric Lawrence • WBE Certified 305 Ehert Read, Winchester, VA 22603 • Voice: 540-667-1596 • Fax: 540-667-6624 Frederick County Planning 107 North Kent Street Winchester, Virginia 22601-5000 RE: Milam's Landscape and Garden Center Street Connection/Commercial Entrance Dear Mr. Lawrence: Please let this letter serve as formal written notification that Mr. Mike Milam has contracted with Carroll Construction Co. to install a Street connection and commercial entrance at his business located At 2186 Northwestern Pike, Winchester, Virginia. Upon completion of the final site plan by Painter -Lewis PLC, Carroll Construction Co. will make formal application with the Commonweath Of Virginia for a permit to construct the entrance. Upon receipt of the State Entrance Permit, work should be completed within ninety (90) days. Please feel free to contact me should you have any questions or if I can Provide you with any additional information. Sinc y, Beth Carroll Lewin President ,4 `. PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 302 South Braddock Street, Suite 200 Tel.: .Winchester, VA 22601 Fax.: Mr. Eric R. Lawrence, Zoning Administrator County of Frederick, Virginia 107 N. Kent Street Winchester, Virginia 22601 Re: Milam's Landscaping and Garden Center Minor Site Plan (540) 662-5792 (540) 662-5793 March 18, 1998 Dear Sir: As previously discussed, at the beginning of this month, Mr. Michael M. Milam retained the services of Painter -Lewis, P.L.C. to prepare the site plan documents for the Milam's Landscaping and Garden Center to be located at,2186 Northwestern Pike. After several months of discussion involving type of entrance design, pavement structure, parking layout, etc.. Mr. Milam has authorized us to proceed with the design. Pursuant to my discussions with Mr. Milam, this project had to be submitted by March 18, .1998. It was our intention to have these documents prepared and submitted to the review agencies as of this 'date, however, due to some discrepancies in the existing conditions and topographic information these documents can not be properly completed. I would like to assure you that Painter -Lewis, P.L.C. in association with Marsh & Legge Land Surveyors, P.L.C. has done everything possible to have these documents prepared and submitted by the March 18, 1998 deadline. Also, Mr. Milam has been very helpful in providing the necessary information to expedite the completion of this project and authorized us to do all that is required to have this plan completed by the Planning Commission meeting. Unfortunately, the additional site observation and field surveying, that will be necessary to fulfill the requirements associated with the site plan documents, will prevent the satisfactory completion of the project by the specified date. Please be advised that the additional field surveying is scheduled to be done this week and as soon as this information is received the site plan will be completed in turn. It is anticipated that the site plan will be completed and submitted to the review agencies no later than March 25, 1998 Page 1 ;, 9 • I would like to thank you for your assistance and cooperation in regard to this matter. As I lways, it has been a pleasure working with you and if you would have any questions or would require further information please do not hesitate to contact me. c: Mr. Michael M. Milam Milam's Landscaping & Garden Center 950 Cedar Grove Winchester, Virginia 22603 Page 2 Sincerely, Timothy . Painter, P. E Carroll Construction March 18, 1998 Mr. Eric Lawrence is WBE Certified 305 Ebert Road, Winchester, VA 22603 - Voice: 540-667-1596 - Fax: 540-667-6624 Frederick County Planning 107 North Kent Street Winchester, Virginia 22601-5000 RE: Milam's Landscape and Garden Center Street Connection/Commercial Entrance Dear Mr. Lawrence: Please let this letter serve as formal written notification that Mr. Mike Milam has contracted with Carroll Construction Co. to install a Street connection and commercial entrance at his business located At 2186 Northwestern Pike, Winchester, Virginia. Upon completion of the final site plan by Painter -Lewis PLC, Carroll Construction Co. will make formal application with the Commonweath Of Virginia for a permit to construct the entrance. Upon receipt of the State Entrance Permit, work should be completed within ninety (90) days. Please feel free to contact me should you have any questions or if I can Provide you with any additional information. Sinc y, Beth Carroll Lewin President C� • AUlam's Phone 540-722-3004 Pager540-678-5411 Landaeapr i Garden Center Fax 540-722.4807 w 2186 Northwestern Pike � Winchester, VA 22603 Michael M. Milam Owner/President "A Name You Have Trusted For Years" Plant Installation • Irrigation • Seeding • Sodding • Topsoil Retail / Wholesale • Delivery • Patios • Walkways f PAINTER-LEWIS, P.L.C• • CONSUL TING ENGINEERS 302 South Braddock Street, Suite 200 Tel.: Winchester, VA 22601 Fax.: Mr. Eric R. Lawrence, Zoning Administrator County of Frederick, Virginia 107 N. Kent Street Winchester, Virginia 22601 Re: Milam's Landscaping and Garden Center Minor Site Plan (540) 662-5792 (540) 662-5793 March 18, 1998 Dear Sir: As previously discussed, at the beginning of this month, Mr. Michael M. Milam retained the services of Painter -Lewis, P.L.C. to prepare the site plan documents for the Milam's Landscaping and Garden Center to be located at 2186 Northwestern Pike. After several months of discussion involving type of entrance design, pavement structure, parking layout, etc. Mr. Milam has authorized us to proceed with the design. Pursuant to my discussions with Mr. Milam, this project had to be submitted by March 18, 1998. It was our intention to have these documents prepared and submitted to the review agencies as of this date, however, due to some discrepancies in the existing conditions and topographic information these documents can not be properly completed. I would like to assure you that Painter -Lewis, P.L.C. in association with Marsh & Legge Land Surveyors, P.L.C. has done everything possible to have these documents prepared and submitted by the March 18, 1998 deadline. Also, Mr. Milam has been very helpful in providing the necessary information to expedite the completion of this project and authorized us to do all that is required to have this plan completed by the Planning Commission meeting. Unfortunately, the additional site observation and field surveying, that will be necessary to fulfill the requirements associated with the site plan documents, will prevent the satisfactory completion of the project by the specified date. Please be advised that the additional field surveying is scheduled to be done this week and as soon as this information is received the site plan will be completed in turn. It is anticipated that the site plan will be completed and submitted to the review agencies no later than March 25, 1998 Page 1 I would like to thank you for your assistance and cooperation in regard to this matter. As always, it has been a pleasure working with you and if you would have any questions or would require further information please do not hesitate to contact me. c: Mr. Michael M. Milam Milam's Landscaping & Garden Center 950 Cedar Grove Winchester, Virginia 22603 Page 2 Sincerely, Timothy . Painter, P. E !M Carroll Construction March 18, 1998 Mr. Eric Lawrence • WBE Certified 305 Ehert Road, Winchester, VA 22603 - Voice: 540-667-1596 - Fax: 540-667-6624 Frederick County Planning 107 North Kent Street Winchester, Virginia 22601-5000 RE: Milam's Landscape and Garden Center Street Connection/Commercial Entrance Dear Mr. Lawrence: Please let this letter serve as formal written notification that Mr. Mike Milam has contracted with Carroll Construction Co. to install a Street connection and commercial entrance at his business located At 2186 Northwestern Pike, Winchester, Virginia. Upon completion of the final site plan by Painter -Lewis PLC, Carroll Construction Co. will make formal application with the Commonweath Of Virginia for a permit to construct the entrance. Upon receipt of the State Entrance Permit, work should be completed within ninety (90) days. Please feel free to contact me should you have any questions or if I can Provide you with any additional information. Sinc y, Beth Carroll Lewin President 40 so I March 4, 1998 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 INIUirifICAr! JAI Jr PUBLIC i-lEARINGG J TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF MICHAEL M. MILAM, CONDITIONAL USE PERMIT #012-97, MILAM'S LANDSCAPING AND GARDEN CENTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 18, 1998 at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This public hearing is to consider the possible continuation or revocation of Conditional Use Permit #0,12-97 for Michael M. Milam to operate a landscaping and garden center business. The property is located at 2186 Northwestern Pike and is identified with Property Identification Number 52-A-B in the Gainesboro 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. S' cerely, Eric R. Lawrence Zoning Administrator ERL/cc OAAGENDAMADJOINERWILAMICUP 107 North Kent Street - Winchester, Virginia 22601-5000 M N This is to certify that the attached correspondence was mailed to the following on _M d ' r,- from the Department of Planning and Development, Frederick County, Virginia: - 52-A-B Milam's Landscaping & Garden Ctr 2186 Northwestern Pike Winchester, VA 22603 52-A-B WWW, LC P.O. Box 2368 Winchester, VA 22604 53-A-73 Huffman, rage & Elva 194 Echo Lane `Winchester, VA 22603 52-A-C - -- Silver Lake LLC c/o James R. Wilkins, III 13 S. Loudoun Street Winchester, VA 22601 52-A-252 Ashwood, Winfred & Mary 2255 Northwestern Pike Winchester, VA 22603 53-A-A Fruit Hill Orchard, Inc. P.O. Box 2368 Winchester, VA 22604 5313-1-4 & 3 Whitacre, Preston & Anna 2131 Northwestern Pike Winchester, VA 22603 53B-1-7 Fletcher, Robert & Lilly 2153 Northwestern Pike -",'',.Winchester, VA 22603 53B-1-9, 9A, 10 & 11 Link, Junior & Dorothy 2177 Northwestern Pike Winchester, VA 22603 53-A-77 Renner, Paul & Clara 118 Echo Lane Winchester, VA 22603 53-A-74 Turner, Bernard & Carolyn 2578 Northwestern Pike `Winchester, VA 22603 53B-1-8 Grim, Mary F. 2161 Northwestern Pike Winchester VA 22603 53B-1-12 Hulver, Russell & Rena c/o James Robinson 219 Cougar Trail Winchester, VA 22602 Eric R. Lawrence, Zoning Administrator Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OFFFFREDERIC K nnr)I,. �Ab 'Aa- � 1I 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 1-3 -,-� •qe , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this Z I Y l day of maw lqq My commission expires onFebMa_(V06 jqq C--NbYARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 MEMORANDUM TO: Planning Commission FROM: Eric R. Lawrence, Zoning Administrator SUBJECT: Public Hearing: Consideration to Revoke CUP #012-97 for Michael M. Milam DATE: March 6, 1998 As you may be aware, the Board of Supervisors approved CUP #012-97 on October 7, 1997, for Michael M. Milam to operate a landscaping service, retail, and wholesale business at 2186 Northwestern Pike. A number of conditions were associated with this CUP approval. In the CUP approval letter issued by the Planning Department on October 8, 1997, five conditions were identified. Mr. Milam has failed to adequately address three of these conditions. These three conditions are: ► A commercial entrance meeting VDOT requirements shall be constructed and approved within sixty (60) days of the Conditional Use Permit approval. ► Any signage for the business must be as permitted by the Zoning Ordinance. ► A minor site plan shall be approved by the County. VDOT Entrance Requirements Based on the 60-day requirement stated in the approved CUP, the VDOT entrance should have been satisfied by the beginning of December 1997. In December, VDOT agreed to allow a street connection design rather than the standard commercial entrance requirement for this project. In a conversation with Mr. Steve Melnikoff of the Virginia Department of Transportation on March 3, 1998, staff was informed that Mr. Milam has not contacted VDOT since December 1997. VDOT has yet to receive the necessary design requirements for review. Signage Initially informed of an illegal sign on this site in June 1997, Mr. Milam continues to display the illegal sign advertising his business. In a letter dated October 3, 1997, Mr, Milam was informed that the erected sign exceeded the maximum sign square footage allowed, and that a sign permit is required. l 107 North Kent Street - Winchester, Virginia 22601-5000 Milam Landscaping CUP #012-97 Page 2 March 6, 1998 As of March 6, 1998, the sign continues to exist, exceeding the square footage requirements of the Zoning Ordinance, and the County has not received a sign permit application for the sign. Minor Site Plan In a brief discussion with Mr. Painter of Painter -Lewis, P.L.C. on February 24, 1998, staff was informed that Mr. Milam has not requested the services of Painter -Lewis for a minor site plan. Painter -Lewis had discussions concerning the entrance design, but was never authorized to initiate work by Mr. Milam. In a brief discussion with Mr. Milam on March 2, 1998, Mr. Milam indicated that he intends to seek approval for an entrance design/plan. When staff stated that a minor site plan was in fact required, Mr. Milam stated he was not aware of such a requirement. Staff referred him to the CUP approval letter dated October 8, 1997, in addition to other correspondence. Staff has mailed a number of letters to Mr. Milam addressing the CUP requirements. A second deadline of February 20, 1998, was established for the completion of all requirements associated with the approved CUP. These letters were sent via certified mail to Mr. Milam in January 1998. As the certified mail was left unclaimed, the assistance of the Sheriff's department was utilized. The Sheriff's department delivered the letters to Mr. Milam on February 9, 1998. This office received a letter from Mr. Milam on February 9, 1998, stating his intention of satisfying the CUP requirements by April 1998. This letter',also stated that he hoped to reopen the business by April 1, 1998. In conflict to Mr. Milam's letter, there was a Grand Opening banner sign placed at the business site, and observed by staff on February 27, 1998. Copies of these letters are enclosed for your information Based on the activities which have occurred relating to Conditional Use Permit #012-97, staff recommends the revocation of CUP #12-97. UAERIC\COMMON\98LETTER\M I LAM5. W PD 0 �7,1 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-5600 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Michael M. Milam r 2186 Northwestern Pike Winchester, VA 22603 (540) 722-3004 Name of development and/or description of the request: Fruithill Orchards Location: Rt. 50 West, - Right on Round Hill Road - 1/4 mile into orchard. Va. Dept. of Transportation Comments: 7bp ab-' sd-i ng PntranrP seryi ng this nrn=tg is i na[deq iato and dnPs net allow for safe egress and i.noress to the business. Before we could support a conditional use permit for operation of a business at this location the entrance should be upgraded to our mdnimun commercial design standards. A site plan prepared by a professional engineer which details all entrance and related Right of'Way improvements will need to be submitted for our review. Once approved any thisf� / tion fee and surety �T itdurenate: bon overage. (NOTICE TO RESIDENT ENGINEER -PLEASE RETURN S Y1fiRM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order with their review. Also, please attach two (2) copies of your application form, other pertinent information. st f,ie }aged y i map��nd .all • COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.CUP97-0017 Date Received 7/30/97 Date Reviewed 7/31/97 Applicant Michael M. Milam Address 2186 Northwestern Pike Winchester, Virginia 22603 Project Name Milam Landscaping Phone No. 540-722-3004 Type of ApplicationConditional Use Permit Current Zoning RA 1st Due Fire Co. 15 1st Due Rescue Co. 15 Election DistrictGainesboro Tax I.D. No. 52-A-B RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System Automatic Fire Alarm System Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Fire Lanes to ensue access to all structures, for Emergency Vehicles must be maintained at all times. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes No XX Comments Any burning of land clearing debris requires a burning permit issued by the Fire Marshal's Office. 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�� REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Rent Street Winchester, Virginia 22601 (540) 665-5650 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, address and phone number: Michael M. Milam 2186 Northwestern Pike, Winchester, VA 22603 (540) 722-3004 Name of development and/or description of the request: Fruithill Orchards Location: Route 50 West - riaht on Round Hill Road - 1/4 mile into orchard. Inspection Department Comments: Comments are on the back of this form Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT.*PLEASE„ S FORM TO 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. Shall comply with The Virginia Uniform Statewide Building Code and Section 309, Use Group M (Mercantile) of the BOCA National Building Code/1996. Other Codes that apply are CABO a117.1-92 Accessible and Useable Buildings And Facilities. note: Restroom shall be available in accordance with the International Plumbing Code. Building permit shall be required sign located on property and inspections completed. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this form. Applicant's name, address and phone number: Michael M. Milam 2186 Northwestern Pike, Winchester, VA 22603 (540) 722-3004 Name of development and/or description of the request: Fruithill Orchards Location: Route 50 West - Right on Round Hill Road - 1/4 mile into orchard. Health Department Commends: hh ThE I Freder-,,S Co. esz(A Vepl, rec.ei'ved an aoDjicafio;l 4rom M;ke Milani Gh 7 3b 14o 'imvpcAl4rAp 5t_w 1 �11,15 coildJ"'Onal 5 Ewa 5 5 .m i n an i 5 i ri { E r� S R I"u or �{ h �i U1 i ifit, 10 new -11ey dispesal + w �(r e i+i1�r of On I s aPvtop rIq it, Signature and Date: Pp-��lvt, n��(,��,'� Pi / 1 / � % 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. — Al o+ TrAK5f6ra�jc 1%Fq ►l' 11-) 't Nuu I kAilllW `Sewage 0WIMI System Construction Permit PAGE I OF Z- Commonwealth of Virginia i Health Department Departmerr)�t of Hea th o Identification Number P H - Ct 7 - 1-3 f r�deric k wi ►tc �ES�Fl Health Department Map Reference 52 -A - g General Information New Repair ❑ Expanded ❑ Coin itional ❑ FHA ❑ VA ❑ Case No. Based on the application for a sewage I system construction permit filed in accordance with Section 3.13.01, a co struction permit is hereby iss ed to: Owner r Co � - La i Telephone 7 2 Z- 3 004 Address 2 Z For I Type Sewage ° sys em w ich is to be constructed /at s D6,44 Subdivision Section/Block " ` Lot "— Actual or estimated water use DESIGN NOTE: INSPECTION RESULTS Water supply, existing: (describe) Water supply location: Satisfactory yes ❑ no ❑ G l a S S comments G. W. 2 Received: yes ❑ no ❑ not applicable ❑ To be installed: class n 0 V E cased grouted Building sewer: Building sewer: yes ❑ no ❑ comments I.D. PVC 40, or equivalent. Satisfactory Slope 1.25" per 10' (minimum). Q"Other x ` i a Septic tank: Capacity gals. (minimum). Pretreatment unit: yes ❑ no ❑ comments (]/Other Ex is o Satisfactory In e - ure: Inlet-o yes ❑ n ents PVC 40, 4" tees ore Satisfactory A la m Q& u ire ❑ .Alal'Myes no El comments No ❑ Yes ❑ describe and show design. Satisfactory if yes: : 3" or larger I.D., minimum 6" fall r method: yes ❑ no ❑ comment "/ Ib. crush strength or equivalent. �nveyance Sory NDistrib ox: Distributi box: yes ❑ no ❑ omments ete with ports. Satisfactory Header lines: Header lines: yes no ❑ comments Material: 4" I.D. 1 lb. crush stre th plastic or equiva- Satisfactory lent from distributio box to 2' . to absorption trench. Slope 2" minimum. ❑ Other Percolation lines: Percolation lines: yes ❑ o ❑ comments Gravity 4" plastic 1 lb. pe foot bearing load or Satisfactory equivalent, slope 2" " (min. max. er 1001. ❑ Other Absorption tre hes: Abs ion trenches: yes ❑ no ❑ com nts r uired : depth fro\gund surface Square ft/Deh S 'sfactory trench ; aggregat m slope ; nter spacing ; trench width regateh Date Inspected and approved by: ; Number of trenches Sanitarian G.M.S. 202A Revised 6/84 11.2 Health Department Identification Number Schematic drawing of sewage system and topographic features. PN-q-7-13 PAGE — OF Show the lot lines of the building lot and building site, sketch of property showing any topographic features which may impact on the design of the system, all existing and/or proposed structures including sewage disposal systems and wells within 100 feet of sewage disposal system and reserve area. The schematic drawing of the sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance sys- tem, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be located on the same lot show all sources of pollution within 100 feet. ❑ The information required above has been drawn on the attached copy of the sketch submitted with the application. Attach additional sheets as necessary to illustrate the design. Ex, 1600 well 5ef�l(_ O Q—Ed —Use' exisf ig) 1 5009a l 5E 41c. 4alliv Ces J kMP — bu410-vl5ua1 a�urwt �b slt�l blG inslallell on 0U4&;d1E o(d h Ou SE lU ��r� � ' 1' 4 can �� 5 EEN d �tEaNd 4C)m 0 o stiEd A)P+ 40 sca Ie hold) ,� To The sewage `t system is to be constructed as specified by the permit ifr attached plans and specifications ❑ . 6 , IM This sewage dw� 14ystem construction permit is null and void if (a) conditions are changed from those shown on the application (b) condi- tions are changed from those shown on the construction permit. No part of any installation shall be covered or used untll inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncov- ered, if necessary, upon the direction of the Department. Date: i i /1 7117 Issued by: This Construction S itarian Permit Valid until Date: IIZIZZ 77 Reviewed by: If FHA or VA financing Supervisory Sanitarian -------------- Reviewed by Date C.H.S. 202E Revised 6/84 Supervisory Sanitarian II -?A ORIGINAL Date Regional Sanitarian r FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 October 8, 1997 Mr. Michael M. Milam 2186 Northwestern Pike Winchester, VA 22603 RE: CUP 4012-97 OF MILAM'S LANDSCAPING, PIN 92-A-47 Dear Mr. Milam: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 7, 1997. Your Conditional Use Permit 9012-97, for the operation of landscape contracting and garden center (wholesale, retail nursery stock), was approved with the following conditions: 1. All review agency comments must be complied with at all times. 2. A minor site plan shall be approved by the County. 3. A commercial entrance meeting VDOT requirements shall be constructed and approved within sixty (60) days of the Conditional Use Permit approval. 4. Health Department approval of a sewage disposal system shall be obtained within sixty (60) days of the conditional use permit approval. 5. Any signage for the business must be as permitted by the Zoning Ordinance. If you have any questions regarding this action, please feel free to call this office. Sincerely, Andrew D. Evans Zoning Administrator ADE/cc cc: Commissioner of Revenue 107 North Kent Street - Winchester, Virginia 22601-5000 • & FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 October 3, 1997 Mr. Michael Milam 2186 Northwestern Pike Winchester, VA 22603 RE: Sign Permit Dear Mr. Milam: I am writing to you concerning your request for a sign permit. My review indicates that the existing sign, located on the property and shown on a drawing with the permit, is larger than the allowed 100 square feet in area. The V-shaped sign is considered to be one (1) sign. The total area cannot exceed 100 square feet which would be a 6' x 8' (48 s.f.) face. Two of these will equal 96 square feet. Only franchise signs may exceed the 100-square-foot size. (A copy of the regulations is enclosed.) Please modify your permit to reflect the qualifying size of the sign. Once the Board of Supervisors takes action on the 7th of October concerning your Conditional Use Permit, then any outstanding permits can be reviewed and approved if applicable. Should you have any questions, please give me a call. Sincerely, Andrew D. Evans, CZA Zoning Administrator ADE/cc Enclosure UAAND nCOM11 NE0N\97LFTiFR\%I I LAM. LTR 107 North Kent Street • Winchester, Virginia 22601-5000 § 165-30 FREDERICK COUNTY CODE § 165-30 (4) Off -premises business signs shall be properly separated from each other to avoid clutter along road corridors. (5) Off -premises business signs shall not be of a type that will distract motorists or cause other safety hazards. (6) Off -premises business signs shall be properly maintained. E. Setbacks. All freestanding signs shall be set back at least ten (10) feet from lot lines or property boundary lines. Signs that are attached to buildings shall meet the required setbacks for that building. In general, freestanding building entrance signs shall not be located in front yard setback areas. However, freestanding building entrance signs may be located in front yard setback areas as long as they are no more than five (5) feet from the entrance to the building or use designated. F. Minimum spacing between freestanding business signs. The minimum distance separating new from existing freestanding business signs or separating new freestanding business signs shall be fifty (50) feet. The Zoning Administrator may allow two (2) signs to be separated by less than fifty (50) feet in order to allow the signs to share an appropriate location. In such cases, the two (2) signs shall be separated from other signs by a distance of fifty (50) feet plus the distance by which the separation between the two (2) signs was reduced from the required fifty (50) feet. G. Height. No sign shall exceed the maximum height requirement for the zoning district in which they are located. All signs other than business signs shall be no more than ten (10) feet in height. No freestanding business entrance sign shall exceed five (5) feet in height. H. Size. The following restrictions shall apply to the size of signs: (1) No business sign or directional sign shall exceed one hundred (100) square feet in area. Standardized, franchised signs may exceed one hundred (100) square feet in area but shall not exceed one hundred and fifty (150) square feet in area. In the B 1 Neighborhood Business District, no business or directional sign shall exceed fifty (50) square feet in area. (2) Cottage occupation signs shall not exceed four (4) square feet in area. 16548 Count. of Frederick Winchester VA 22601 LIEN AGENT: OWNER NAME/ADDRESS Milaa, Michael M. 2186 Northwestern Pike Winchester, Virginia 2-7903 PHONE: 540-722-3004 Sign Permit PERMIT NUMBER: 0001411 - 97 USBC: 1996 APPLICATION DATE: 8/01/97 ISSUANCE DATE: 9/17/97 DATE: 10/02,'97 SITE ADDRESS CONTRACTOR NAME/ADRESS OWNER 2186 Northwestern Pike PHONE: DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: S2-A-B LOT: BLOCK: SECTION: BLDG NO.: ------------------------------------------------------------------------------------------------------------------------ SET -BACKS: HEALTH PERMIT NO.: DISTRICT: FRONT: BACK: FLOO➢PLAIN: SUB -DIVISION: RIGHT: LEFT: AREA: ZONE: CNTR FRTGE: RIGHT-OF-WAY: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Route 50 west and right on Round Hill Road USE GROUP: USE CODE: SQ FEET: CNST.TYPE: ------------------------------------------------------------------------------------------------------------------------ NATURE/WRK: Sign Permit Type Sign FREE STAND Input Asps Input Volt M & L # Sign Reads MILAM = LANnSCAPE = Sq.Ft F/St Rt/Gra/Top 26' Ot Sign/Pr NO ; I Sign Size 8' X 8' _ _ _ Note _ ------------------------------------------------------------------------------------------------------------------------ JOB VALUE: 800.00 --------------------------------------------------------------------------- PERMIT FEE: 25.00 I hereby agree to comply with all provisions of the Virginia surcharge .75 Uniform Statewide Builds n^ Code and the 'oni^a 4 S"bdivis;^ ' Ordinances as adopted by the County of Frederick. TOTAL FEES: 25.25 :-------------------------------------------------------------------------- ' Applicant (signature) DATE Applicant (please print) REQUIRED SIGNATURES Building Official DATE Zoning Administrator DATE O O O M P 061 039 534 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Mr. Michael Milam Street & Number 2186 Northwestern Pike Post Office, State, & ZIP Code Winchester, VA 22603 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Rehm Receipt Showing to Whom, Date, & Addressee's Address TOTAL Postage & Fees $ Postmark or Date Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the 0) Z return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address u7 rn on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. ti 6. Save this receipt and present it if you make an inquiry. a � FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 Certified Mail #P 061 039 534 January 9, 1998 Mr. Michael Milam 2186 Northwestern Pike Winchester, VA 22603 RE: Conditional Use Permit #012-97 Dear Mr. Milam: This letter is in reference to Conditional Use Permit #012-97, for the operation of a landscape contracting and garden center. The Frederick County Board of Supervisors approved this CUP on October 7, 1997, with a number of conditions. As this business was operating illegally, it was imperative that each condition be addressed promptly. The following is a summary of some of the conditions associated with the approved CUP. 1. Health Department and Virginia Department of Transportation Approval. The approved CUP required that you gain Health Department and Virginia Department of Transportation approval within 60 days which established December 8, 1997, as the compliance deadline. In a brief conversation in early December, you acknowledged this deadline and expressed your intent to comply. As of January 9, 1998, 1 have received no confirmation that you are in compliance with the CUP requirements. 2. Submission of a Minor Site Plan. The approved CUP required that a minor site plan be submitted and approved by the County. As of January 9, 1998, this office has not received a site plan application. 3. Bring the Existing Sign located on Route 50 West into Compliance with the Zoning Ordinance. The existing sign on Route 50 West advertising your business is illegal. The sign does not conform with the requirements of the Zoning Ordinance as it exceeds the dimensional requirements and a sign permit has not been obtained. 107 North Kent Street - Winchester, Virginia 22601-5000 N Mike Milam Letter Page 2 January 9, 1998 The mere approval of a Conditional Use Permit (CUP) does not permit you to operate a business at this location; the approved CUP had a number of conditions that you were to satisfy. You have not satisfied these conditions; you continue to operate an illegal business. This office will give you until Friday, January 23, 1998, to satisfy the conditions of Conditional Use Permit #012-97, some of which are outlined above. Failure to comply with CUP #012-97 by this deadline may result in the revocation of CUP #012-97. I am available to further discuss this letter. Sincer ly, r Eric R. Lawrence Planner II ERL/bah cc: John R. Riley, County Administrator Richard Shickle, Gainesboro District Supervisor U: WJDY\COMMON V 7LEI'M R\MILAM2.LTR COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601,,..��s++��^''' ••�7rC:}Cln C,rliPrcSS —" /II .,'such sirs_ - CERTIFIED P 061 039 534 1�34 Mr. Michael Milam 2186 Northwestern Pike Winchester, 10, u.S. POSTAGE H METER 61 2 7 f5 d • UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • Frederick County Dept. of Planning and Development 107 N. Kent Street Winchester, VA 22601 •MryvMr';' ■Complete items 1 and/or 2 for additional services. I also wish to receive the ■Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. ■Write'Return Receipt Requested' on the mailpiece below the article number. 2. ❑ Restricted Delivery N ■The Return Receipt will show to whom the article was delivered and the date ., delivered. Consult postmaster for fee. Article Addressed to: Mr. Michael Milam 2186 Northwestern Pike Winchester, VA 22603 5. Received By: (Print Name) 6. Signature: (Addressee or Agent) X 4a. Article Number 4) P 061 039 534 C 4b. Service Type m ❑ Registered ® Certified ¢ rn ❑ Express Mail ❑ Insured F N ❑ Return Receipt for Merchandise ❑ COD 7_ Date of Delivery w 8. Addressee's Address (Only if requested and fee is paid) PS Form 3811, December 1994 mestic Return 9 —Wo 0 COUNTY of FREDERICK u 5 PO I AC 1:. 1. C C 'm 0 Department Planning Departmt of Pling & Development 4k, 1107 North j Kent Street Winchester, Virginia 2260 a. -77 t4 rl 1 t: Q "N Mr. Michael Milarn 2186 Northwestern Pike Winchester,, CERTIFIEP P 061 039 534 RON • L' Certified Mail #P 061 039 534 January 9, 1998 Mr. Michael Milam 2186 Northwestern Pike Winchester, VA 22603 RE: Conditional Use Permit #012-97 Dear Mr. Milam: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 This letter is in reference to Conditional Use Permit #012-97, for the operation of a landscape contracting and garden center. The. Frederick .County Board of Supervisors, approved this .CUP on October. 7, 1997, with a. number of ,conditions.. As this business: was operating. illegally, it was imperative that each condition be addressed promptly. The following is a summary of some of the conditions associated with the approved CUP. Health Department and Virginia Department of Transportation Approval. The approved CUP required that you gain Health Department and Virginia Department of Transportation approval within 60 days which established December 8, 1997, as the compliance deadline. In a brief conversation in early December, you acknowledged this deadline and expressed your intent to comply. As Qf January 9, 199., I have received no confirmation that you are in compliance with the CUP requirements. 2. Submission of a Minor Site Plan. The approved CUP required that a minor site plan be submitted and approved by the County. As of January 9, 1998, this office has not received a site plan application. 3. Bring the Existing Sign located on Route 50 West into Compliance with the Zoning Ordinance. The existing sign on Route 50 West advertising your business is illegal. The sign does not conform with the requirements of the Zoning Ordinance as it exceeds the dimensional requirements and ,a sign permit has not been obtained. 107 North Kent Street - Winchester, Virginia 22601-5000 Mike Milam Letter Page 2 January 9; 1998 The mere approval of a Conditional Use Permit (CUP) does not permit you to operate a business at this location; the approved CUP had a number of conditions that you were to satisfy. You have not satisfied these conditions; you continue to operate an illegal business. This office will give you until Friday, January 23, 1998, to satisfy the conditions of Conditional Use Permit #012-97, some of which are outlined above. Failure to comply with CUP #012-97 by this deadline may result in the revocation of CUP #012-97. I am available to further discuss this letter. Sincer ly, r Eric R. Lawrence Planner II ERL/bah cc: John R. Riley, County Administrator Richard Shickle, Gainesboro District Supervisor. UAAND11COMMOM97LEITERWILAM2. LTR ROBERT T. WILLIAMSON Sheriff �DERICK COUNTY SHERIFF'S OFFICE 5 N. Kent Street Winchester, Virginia 22601 January 30, 1998 Captain Johnson - Thank you for your assistance in delivering this zoning violation notice. Please inform me of the date and time of delivery. Thanks again. Eric Lawrence Zoning Administrator COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 January 30, 1998 Mr. Michael Milam 2186 Northwestern Pike Winchester, VA 22603 RE: Conditional Use Permit #012-97 Dear Mr. N ilam: This letter is in reference to Conditional Use Permit #012-97, for the operation of a landscape contracting and garden center. The Frederick County Board of Supervisors approved this CUP on October 7, 1997, with a number of conditions. As this business is operating illegally, it is imperative that each condition be addressed promptly. Attached is our attempt to contact you via certified mail. This certified letter was returned to our office after three attempts to gain your signature. The mere approval of a Conditional Use Permit (CUP) does not permit you to operate a business at this location; the approved CUP had a number of conditions that you were to satisfy. You have not satisfied these conditions; you continue to operate an illegal business. This office will give you until Friday, February 20, 1998, to satisfy the conditions of Conditional Use Permit #012-97, some of which were outlined in the letter dated January 9, 1998. Failure to comply with CUP #012-97 by this deadline may result in the revocation of CUP 9012-97. I am available to further discuss this letter. Sincerely, Eric R. Lawrence Zoning Administrator Enclosure ERL/cc cc: John R. Riley, County Administrator Richard Shickle, Gainesboro District Supervisor U: ANDIICOMMON197LEMRWILAMILTR 107 North Kent Street - Winchester, Virginia 22601-5000 • 0 Certified Mail #P 061 039 534 January 9, 1998 Mr. Michael Milam 2186 Northwestern Pike Winchester, VA 22603 RE: Conditional Use Permit #012-97 Dear Mr. Milam: COUNTY of FREDERICK Department of Planning and Development 5401665-5651, FAX: 540/ 678-0682 This letter: is; in reference to. Conditional Use Permit #012-97, for the operation of a landscape contracting and garden center. The. Frederick .County Board'of Supervisors. approved this CUP on October 7, 1997, with a number .of .conditions.. As this business was operating. illegally,. it was imperative that each condition be addressed promptly. The following is a summary of some of the conditions associated with the approved CUP. Health Department and Virginia Department of Transportation Approval. The approved CUP required that you gain Health Department and Virginia Department of Transportation approval within 60 days which established December 8, 1997, as the compliance deadline. In a brief conversation in early December, you acknowledged this deadline and expressed your intent to comply.. As of January 9, 1998, I have received no confirmation that you are in compliance with the CUP requirements. 2. Submission of a Minor Site Plan. The approved CUP required that a minor site plan be submitted and approved by the County. As of January 9, 1998, this office has not received a site plan application. 3. Bring the Existing Sign located on Route 50 West into Compliance with the Zoning ..Ordinance. ..The existing sign on Route .50.West advertising. your business. is illegal., - The sign does not .._.conform with the requirements of the Zoning Ordinance as it :exceeds .the dimensional requirements and a sign permit has not been obtained. 107 North Kent Street • Winchester, Virginia 22601-5000 Mike. Milam Letter Page 2 January 9, 1998 The mere approval of a Conditional Use Permit (CUP) does not permit you to operate a business at this location; the approved CUP had a number of conditions that you were to satisfy. You have not satisfied these conditions; you continue to operate an illegal business. This office will give you until Friday, January 23, 1998, to satisfy the conditions of Conditional Use Permit #012-97, some of which are outlined above. Failure to comply with CUP #012-97 by this deadline may result in the revocation of CUP #012-97. I am available to further discuss this letter. ZSincerly, Eric R. Lawrence Planner II ERL/bah cc: John R. Riley, County Administrator Richard Shickle, Gainesboro District Supervisor U:\ANDIICOMMOM97L=RVvllLAM2.L7R • MILAM'S • LANDSCAPE & GARDEN CENTER 2186 NORTHWESTERN PIKE WINCHESTER, VA 22603 PHONE: 540-722-3004 FAX: 540-722-4807 MICHAEL M. MILAM, OWNER February 5, 1998 Wayne Miller Dept of Planning and Development 107 North Kent Street Winchester VA 22601-5000 RE: CUP #012-97 of Milam's Landscaping, PIN 92-A-47 Dear Mr. Miller: Thank you for working with me in regards to my Conditional Use Permit. I am writing to update you on the conditions set forth in Andrew Evans letter dated October 8, 1997. Item 1. Review agency comments have been complied with or will be complied with by April 1, 1998. Item 2. Minor site plan has been started by Tim Painter, Painter & Lewis, and is awaiting a decision from VDOT before completion. Should be completed by April 1, 1998. Item 3. Construction of commercial entrance is awaiting approval from VDOT as to what type of entrance is required. Should be completed by April 1, 1998. Item 4. Health Department approval is complete and on file with Frederick County. Item 5. Current sign has to be modified to reduce square footage. Should be completed by April 1, 1998 I hope to reopen the Garden Center by April 1, 1998. The commercial entrance will be under contract at that date but will be completed subject to the contractors schedule. Sincerely, 8 � (acne- Mha M. Milam co f L Lord Fairlaxftnvir n o mental Hem h bistrict f; 107 N. Kent St. �j Gl 114'U n P. O. Box 2056 Winchester, Virginia 22604 � . pIla V (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester August 4, 1997 \ Mike Milam 2186 Northwestern Pike Winchester, Va. 22603 y RE: Proposed Pump and Haul; Tax Map# 52-A-13. 3 Dear Mr. Milam: Enclosed is an Application for Pump and Haul, a contract, and a backup contract for your proposed 3 pump and haul for the subject property. In order to possibly obtain a construction permit for a proposed pump and haul system, please pro 4ed as follows: 1) Have your septic pumper, who must be permitted as a sewage hauler in the state of Virginia, sign and complete the enclosed contract and ac uc-con�tr ct_ Ynur pumper must have at least two trucks for hauling sewage to sign the backup contract. If he or she does not have two or more�trucks, you must get another pumper to sign the backup contract. l l w 2) Present both the application and the contract to John Riley, County Administrator, 107 N. Kent Street (665-5666) for him or his representative to sign in the appropriate places on all documents as noted: item 1 and 16 of the application and the appropriate blank on the bottom of the contract with your septic pumper. VeA - AL- . 1. 3) Obtain the signature of approval from the Executive Director of the Frederick -Winchester Service Authority, 20 S. Cameron Street (722-3579),on item 14 of the application. 4) Have the legal owner sign and date the contract in the blanks marked for "property owner." 5) Return these documents COMPLETED to this office, 107 N. Kent Street, Suite 204 in Winchester. Sincerely, John Dailey Environmental Health Specialist TO: Frederick County Health Department FROM: �xl �-k , t, DATE: agree to haul anti 4a=tC IOa tom' f ft. y 1'la_, a :I:•:1hlatF:ly gallons per load within't;;irty (30) minutes upon receipt if call as backup, at the price of s _1�, � per load. Sign"Aure Permit 9 s��a 31 W] • SEWAGE HANDLING PERMIT i 5)4c9 a 3 I p� enters into this contract with John Riley, County AAdmistrator, on this day of WHEREAS, to provide sewage collection and disposal services and guarantee compliance with all applicable regulations concerning sewage collection and disposal services. WHEREAS, to provide this service on a 24 hour call basis in an emergency service. THEREFOR , WITNESSETH, that for and in consideration of the amount of per load for pumping and hauling from P�menl� fpr .thre services will be made by the owner of the property or )'X n A0 1(Vj �/d Y`f e. Sewage Handling Permit It .5 / By Date P sident/Own r Frederick County Board of Supervisors By d Co nt Admi Date / istrato By Date Home/Property Owner _ 1353A 'A,pplication for Pump and #' of 'al� Page ";.Commonwealth of Virginia State Department of Health P n� 1. OWNER COMPANY ADDRESS ZIP 2 Z (,O TELEPHONE does hereby apply for a permit to remove and transport sewage from a µi s (IF A I ONAL SPACE IS REQUIRED USE ATTACHMENT) 2. Justification 3. Brief description of storage or holding facilities (Type, capacity, I I cr1r, _- 1 -L—.. L ,.1 t it r 4. Plans and Specifications of holding facility (if required) prepared by Address Engineer Date 5. Date of completion of permanent facilities — AGAP I Describe facility to be completed Page _L-- of Z- 6. Method of guarantee that facility _ ,I Sompleted. Attach documents a rdesuch as Bond, Contracts, etc. 7. Sewage Handling Permit Holder SSE tt'�'i a cVlE� Gah } faL� Name and Number of Permit Holder Address Telephone (Attach copy of contract with Sewage Handling Permit Holder) I 8. Time period requested for pump and haul (maximum time one year) from a Re h to 9. Method of bonding to insure pump and haul for the specified time period in 8 above N ZA 10. Quantity of sewage to be hauled per. day A c. v�-Et✓ Q F d gallons 11. Route(s) of transport -Q4 i SU IY2 k+rr, 3 7 � p R7 , -7 12. Time of day for transport A 5 n E & Q� 13. Emergency response capability 14. Disposition of Sewage .0 Pq K liJ s E Trta rttr:K� P�an� (Attach copy of agreement with owner of receiving treatment facility) 15. Conference Date Requested 16. Concurrence of Local Political Subdivision Name Date �&-Gs-- Title -------------------------------------------------------- Department Use 1. Contract with Handler having valid sewage handling permit Yes ❑ No ❑ 2. Receiving facility satisfactory Yes ❑ No ❑ Comments 3. Bonding and/or assurances approved by Bureau and Attorney General Yes ❑ No ❑ Comments 4. Plans and Specifications for storage facility satisfactory Yes ❑ No ❑ Not Required ❑ 5. Construction Permit issued for storage facility Yes ❑ No ❑ Not Required ❑ Permit No. Date 6. Storage Facilities Inspected Yes ❑ No ❑ Comments 7. Recommend Pump & Haul Permit Be Issued Sanitarian 8. Authorize Pump & Haul Permit To Be Issued Supervisory Sanitarian B.W.E. 25-2 Date Date • •FILE COSY I October 8, 1997 Mr. Michael M. Milam 2186 Northwestern Pike Winchester, VA 22603 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 RE: CUP #012-97 OF MILAM'S LANDSCAPING, PIN 92-A-47 Dear Mr. Milam: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 7, 1997. Your Conditional Use Permit 9012-97, for the operation of landscape contracting and garden center (wholesale, retail nursery stock), was approved with the following conditions: 1. All review agency comments must be complied with at all times. 2. A minor site plan shall be approved by the County. 3. A commercial entrance meeting VDOT requirements shall be constructed and approved within sixty (60) days of the Conditional Use Permit approval. 4. Health Department approval of a sewage disposal system shall be obtained within sixty (60) days of the conditional use permit approval. 5. Any signage for the business must be as permitted by the Zoning Ordinance. If you have any questions regarding this action, please feel free to call this office. Sincerely, Andrew D. Evans Zoning Administrator ADE/cc cc: Commissioner of Revenue 107 North Kent Street - Winchester, Virginia 22601-5000 s r FILE COPY I October 3, 1997 Mr. Michael Milam 2186 Northwestern Pike Winchester, VA 22603 RE: Sign Permit Dear Mr. Milam: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 I am writing to you concerning your request for a sign permit. My review indicates that the existing sign, located on the property and shown on a drawing with the permit, is larger than the allowed 100 square feet. in area. The V-shaped sign is considered to be one (1) sign. The total area cannot exceed 100 square feet which would be a 6' x 8' (48 s.f.) face. Two of these will equal 96 square feet. Only franchise signs may exceed the 100-square-foot size. (A copy of the regulations is enclosed.) Please modify your permit to reflect the qualifying size of the sign. Once the Board of Supervisors takes action on the 7th of October concerning your Conditional Use Permit, then any outstanding permits can be reviewed and approved if applicable. Should you have any questions, please give me a call. Sincerely, Andrew D. Evans, CZA Zoning Administrator ADE/cc Enclosure U:UNDY\COAI \ION\V". L=..R\AI IL.\.NI.LTR 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development -540/ 665-5651 FAX: 540/ 678-0682 munnuivrium Of PUBLIC AEARING September 24, 1997 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF MICHAEL M. MILAM, CONDITIONAL USE PERMIT #012-97 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 Michael M. Milam to operate a landscaping and garden center business. The property is located at 2186 Northwestern Pike and is identified with Property Identification Number 52-A-B in the Gainesboro 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, ADE/cc � /). alla, t' � � is trator 107 North Kent Street • Winchester, Virginia_22601-5000 This is to certify that the attached correspondence was mailed to the following on �2�. 02 /i 9 from the Department of Planning and Development, Frederick Cooi ty, Virginia: , - .--- -- - ----- 53 - A- - 74- 52 - A- - B. WWW, LC P 0 BOX 2368 WINCHESTER,VA 22604 53 - A- - A- i FRUIT HILL ORCHARD, INC i P 0 BOX 2368 WINCHESTER, VA 22604 53 - A- - 77- RENNER, PAUL C. & CLARA E. 118 ECHO LANE WINCHESTER,VA 22603 i 53 - A- - 73- HUFFMAN, PAGE F. & ELVA I 194 ECHO LANE WINCHESTER,VA. 22603 j _ I 53B - 1. - 4. awC� 3 1 WHITACRE, PRESTON R & ANNA G 2131 NORTH WESTERN PIKE WINCHESTER, VA 22603 7 TURNER, BERNARD & CAROLYN R. 2578 NORTHWESTERN PIKE WINCHESTER, VA. 22603 53 - A- - 75- JOHNSON, NANCY RENNER 2054 NORTHWESTERN PIKE WINCHESTER, VA 22603 52 - A- - C- SILVER LAKE LLC C/O JAMES R WILKINS III 13 SOUTH LOUDOUN STREET WINCHESTER,VA 22601 53B - 1- - 7- FLETCHER, ROBERT N. & LILLY M. 2153 NORTHWESTERN PIKE WINCHESTER,VA. 22603 i w D. Evans, Zoning Administrator ick County Planning Dept. STATE OF VIRGINIA COU NTY OF FREDEIRICK I, Ann tA a I 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 Tanning and Development, whose name is signed to the foregoing, dated q % , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ��+� day of (--k-j-*-� C� My commission expires on �� [ q —I V"�-A'm vy'b — NOTARY PUBLIC •,� Michael M. Milam CUP Notary Page 2 Mr. Michael M. Milam 2186 Northwestern Pike Winchester, VA 22603 53B 1 B. -- - GRIM, MARY F 2161 NORTH WESTERN PIKE WINCHESTER,VA 22603 52 A• - 252- ASHWOOD, WINFRED R. & MARY V. i 2255 NORTHWESTERN PIKE j WINCHESTER,VA. 22603 53B -1- - 9- L & DOROTHY E LINK, JUNIOR 0 2177 NORTHWESTERN PIKE 3 a_ WINCHESTER,VA 22603 53B -1- • 12- HULVER, RUSSELL F. & RENA E. CIO JAMES ROBINSON 219 COUGAR TRAIL i WINCHESTER,VA. 22602 y a C.,I COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 m ciI'IrIum Jim F PUBLIC AU RINir August 20, 1997 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF MICHAEL M. MILAM, CONDITIONAL USE PERMIT #012-97 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 Michael M. Milam to operate a landscaping and garden center business. The property is located at 2186 Northwestern Pike and is identified with Property Identification Number 52-A-B in the Gainesboro 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, ADE/cc ttor 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, Frederic County, Virginia: 52 - A- - B- WWW, LC P 0 BOX 2368 WINCHESTER, VA 22604 53 - A- - A - FRUIT HILL ORCHARD, INC P 0 BOX 2368 WINCHESTER, VA 22604 53 - A- - 77- RENNER, PAUL C. & CLARA E. 118 ECHO LANE WINCHESTER, VA 22603 53 - A- - 73- HUFFMAN, PAGE F. & ELVA 194 ECHO LANE WINCHESTER, VA. 22603 53 - A- - 74- TURNER, BERNARD & CAROLYN R. 2578 NORTHWESTERN PIKE WINCHESTER, VA. 22603 STATE OF VIRGINIA COUNTY OF FREDERICK 53 - A- - 75- JOHNSON, NANCY RENNER 2054 NORTHWESTERN PIKE WINCHESTER, VA 22603 52 - A- - C- SILVER LAKE LLC C/O JAMES R WILKINS III 13 SOUTH LOUOOUN STREET WINCHESTER, VA 22601 53B - 1- - 4- all d 3 WHITACRE, PRESTON R & ANNA G 2131 NORTH WESTERN PIKE WINCHESTER, VA 22603 53B - 1- - 7- FLETCHER, ROBERT N. & LILLY M. 2153 NORTHWESTERN PIKE WINCHESTER, VA. 22603 Michael M. Milam 2186 Northwestern Pike Winchester, VA 22603 6r And ew D. Evans, Zoning Administrator Fr derick County Planning Dept. I, Pf—Ah Ar)O H a I 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 has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this � day of �)t 1QU4,it . 199 My commission expires on Fe j Ac(j o9q . ` q Q 9 NOTARY PUBLIC `MILAM CUP NOTARY PAGE Page 2 536 - 1- - 0- GRIM, MARY F 2161 NORTH WESTERN PIKE WINCHESTER,VA 22603 53B - 1- - 9. 44 i LINK, JUNIOR L & DOROTHY E w'� ' 53d-1-10 2177 NORTHWESTERN PIKE WINCHESTER,VA 22603 53B - 1. - 12- HULVER, RUSSELL F. & RENA E. CIO JAMES ROBINSON 219 COUGAR TRAIL WINCHESTER,VA. 22602 52 - A- - 252- ASHWOOD, WINFRED R. & MARY V. 2255 NORTHWESTERN PIKE WINCHESTER,VA. 22603 4 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 PI JirificrI I JAI Jr PUBLIC rI MAI INGS March 25, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPLICATION OF MICHAEL M. MILAM, CONDITIONAL USE PERMIT #012-97, MILAM'S LANDSCAPING AND GARDEN CENTER On behalf of the Frederick County Board of Superversors you are hereby, notified of a public hearing 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 public hearing is to consider the possible continuation or revocation of Conditional Use Permit #012-97 for Michael M. Milam to operate a landscaping and garden center business. The property is located at 2186 Northwestern Pike and is identified with Property Identification Number 52-A-B in the Gainesboro 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, ric 2R.LawLrence Zoning Administrator ERL/cc 0AAGENDAS\ADJOINERWILAMICUP 107 North Kent Street • Winchester, Virginia 22601-5000 k This is t certify that t• attached correspondence was mailed to h p the following on / from the Department of Planning and Development, Frederick County, Virgi a: 52-A-B WWW, LC P.O. Box 2368 Winchester, VA 22604 53-A-A Fruit Hill Orchard, Inc. P.O. Box 2368 Winchester, VA 22604 53B-1-4 & 3 Whitacre, Preston & Anna 2131 Northwestern Pike Winchester, VA 22603 53-A-73 Huffman, page & Elva 194 Echo Lane Winchester, VA 22603 52-A-C Silver Lake LLC c/o James R. Wilkins, III 13 S. Loudoun Street Winchester, VA 22601 53B-1-9, 9A, 10 & 11 Link, Junior & Dorothy 2177 Northwestern Pike Winchester, VA 22603 53B-1-7 Fletcher, Robert & Lilly 2153 Northwestern Pike Winchester, VA 22603 53B-1-12 Hulver, Russell & Rena C/o James Robinson 219 Cougar Trail Winchester, VA 22602 53B-1-8 Grim, Mary F. 2161 Northwestern Pike Winchester, VA 22603 53-A-77 Renner, Paul & Clara 118 Echo Lane Winchester, VA 22603 52-A-252 Ashwood, Winfred & Mary 2255 Northwestern Pike Winchester, VA 22603 52-A-B Milan's Landscaping & Garden Ctr. 2186 Northwestern Pike Winchester, VA 22603 53-A-74 Turner, Bernard & Carolyn 2578 Northwestern Pike Winchester, VA 22603 Eric R. Lawrence, Zoning Administrator Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I,-flnr�a` , a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Zoning Administr t r, for the Department of Planning and Development, whose name is signed to the foregoing, dated �IT has personally appeared before me and acknowledged the same in my State and County (aforesaid. Given under my hand this ash day of MajMh tqq U My commission expires on a? I C{ Q R ARY PUBLIC