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02-06 Joseph Snapp & Robert Rhodes farm Market & Ice Cream Stand - Shawnee - Backfile
NOTES Date: 106 File opened /3 Reference Manual updated/number assigned v D-base updated �. 06 9Re-#ocation map requested from Mapping Dept. 1---r> T -1-b rLA Four sets of labels requested from Data Processing 3 •!G • File given to Renee' to update Application Action Summary CLOSE OUT FILE: Q Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's J,3 O4 File stamped "approved", "denied" or "withdrawn" 143AG Reference Manual updated 113 A6 D-base updated IE°3 File given to Renee' for final update to Application Action Summary MaLl �SzD �Dqa U.\Carol\Common\Tracking sheets\CUP.TKK Revised 12/19/02 DATE RECEIVED FRO~M� L.( X s 2 1 V( ADDRESS �i/le FOR ) 47L , 2111111 TATA' I:I AMT OF CASH ACCOUNT I I AMT. PAID CHECK BALANCE I MONEY DUE ORDER.17 NO. 269 B. 'ZLt�C� a 0 m co a ` CASHCCDN AMT. PAID71- OCHDECEKR BY a a �' �` • 0 vvmi,-"- ROBERT D. HAWKINS HIGHWAY PERMITS & SUBDIVISION SPECIALIST SENIOR E-MAIL: Robert. Hawkins@VDOT. Virginia.gov VIRGINIA DEPARTMENT OF TRANSPORTATION 2275 NORTHWESTERN PIKE WINCHESTER, VA 22603 TELEPHONE 540-535-1824 FAX 540-535-1846 XVE)E3T Virginia Department of Transportation RHONDA L. FUNKHOUSER ADMINSTRATIVE ASSISTANT TO �I LAND DEVELOPMENT 15 ' 14031 OLD VALLEY PIKE "ter EDINBURG, VIRGINIA 22824 P 540.984.5602 F 540.984.5607 Rhonda. Funkhouser@VDOT.Virginia.gov P TO / �1 (�' DAT /a 0t, TIME AM Co. PM ' o N FFJp�L - ARPEA C DE NO. EXT. OF LLp E + M e M s Cr "b „ Aq rxLAPA 00i 16 c7+ E n aye &' A +K c i (end M ® G E Win,F� our r2�; ew lase 1� h;r\ PHONED ❑ BACK CALLRNED SEEVOUEl I AGAIN ❑ WAS IN URGENT❑ A•64: 10193 N° 92914 Cash ❑ 5° 7O COMMONWEALTH OF VIRGINIA Chack � DEPARTMENT OF TRANSPORTATION M.O. ❑ RICHMOND, VA. _ Date �' I Received Of We.& 0.x s i G.rhn LLL For 1P�. C :1ct DEPARTMENT OF TRANSPORTATION Z� By FormLUP012 Updated 11108104 Cn f R�r COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 NOTICE TO PERMITTEE OF -ACCOUNT RECEIVABLE CHARGES Ref: Land Use Permit Application # Owner: Agent: Route_ , County JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 Due to the amount of work to be performed within the VDOT right-of-way, it has been determined necessary to set this land use permit project up on an account receivable basis to recoup the cost of VDOT inspections. will be billed for the cost of a State assigned Inspector during the life of the referenced permit project. Signature of Party Responsible for Payment of A/R Charges (or company's representative) Complete Mailing Address (for Billing Purposes) Tax I.D. # of Party to be Billed Date _----. _---- . _- _ VirginiaDOT.org WE KEEP VIRGINIA MOVING Word Document: PS004 Revised 01/13/2004 EXAMPLE ACCEPTANCE LETTER t=or.servtce Covuvwecttov1,s to be Ta{zevw over bd Pu.buc, �,ttuttU coK&pPo U (Please reproduce on owner's letterhead) Date: VA Dept. of Transportation Edinburg Residency Attention: Permit Section 14031 Old Valley Pike Edinburg, VA 22824 Ref: Water and/or Sewer Facilities Project Developer Contractor: Location : Gentlemen: We will accept ownership of the above water and/or sewer facilities upon satisfactory installation by the contractor. We will then own, operate and maintain said facilities as well as be responsible for any damages or repairs to the Commonwealth's rights -of -way which may be _required due to the operation and maintenance of these facilities. It is our understanding the contractor has agreed through application of a land use permit to meet all VDOT requirements and assume all liability for work within the right-of-way until we accept final ownership of the facility. Upon acceptance all permit requirements and provisions will become our responsibility. I offer the following bond information: Bond Company Name - _ Amount - $ Bond Company Number - Bond Account Number - Your cooperation in granting this permit will be appreciated: - Sincerely, Title: Contractor/Agent Commonwealth of Virginia Department of Transportation 1/2005 Date: J - / r-06 Issuing Bank: Address: f.0, Q A .2700 City: Winchonit, , State_V,4 Zip Code ;Z60(1 Amount:- 4 $'0o 0 _ Expiration Date: I -1 S- 0 VIRGINIA DEPARTMENT OF TRANSPORTATION ADDRESS: City : , State Zip Code LUP-LC LAND USE PERAHT Irrevocable Letter of Credit Bank Agreement APPLICANT NAME:,,NAME:,,sakp Tax ID number or Driver's license Number:1 Phone Number: Address: _old, Ct weq t- Oa f a LAL,,e City:1Dtk, STATES A Zip Code_2,kko.1 We hereby issue our Irrevocable Letter of Credit number 3 2 y i �in your Department's favor for the account of V 0 for a sum not exceeding );,ve J'4"a,-J 4-40l"+ U.S. Dollars ($_ 97 000 ) ava' able by sigh draft on the above stated issuing bank accompanied by documents specified below: A certified statement signed by the Permit Manager or his/her representative stating that 5d h 0, gnex, has not satisfactorily completed work pursuant to the pemut issued to the permittee or his agent to perform the work as descri ed on the face of the pemut in the county of _15 aeJe r; yk A statement signed by the Permit Manager or his/her representative to the effect that: "This drawing is for the explicit purpose of providing for completion or restoration of the right of way to the terms of the Land Use Permit Manual and pursuant to the agreement of the permittee or his Agent to perform the work covered by permit to the satisfaction of the Department" All drafts must bear the clause "Drawn under Letter of Credit No. ?, 2.L4MV-�l dated 20 0(, We hereby engage with drawers, endorsers and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of this document. This Irrevocable Letter of Credit shall remain in full force and effect for a period of two (2) years from the date hereof and shall automatically renew itself from year to year for three (3) years, one (1) year periods thereafter unless and until the above issuing bank shall give ninety (90) days prior written notice to the department, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED of its intent to terminate same at the expiration of said ninety -day period. During said ninety (90) days notice period, this Irrevocable Letter of Credit shall remain in full force and effect. During the last thirty (30) days while this letter is in force and effect after notice of termination has been given, The Department may draw up to the full amount of the letter of credit when accompanied by a document stating that oel- r.a✓1 p has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow account, and'a document sta g that "The drawing will be held by the Department for the sole purpose of roviding for the completion or restoration of the right of way for work covered by permit issued to 3ostt0l. ,(, Sa4pa_on .'! � lac 20 D& ,until such work is completed or restored to the Department satisfaction: This credit shall be terminated -upon the Per riiiF anager or his appointee stating that the terms of the permit have been completed and accepted by the Department." Note: Continuous Letter of Credit for utilities "telephone, electric power lines, water, sewer, sas" cannot be cancelled unless facilities covered by the permit have been removed from the Rieht of Way or the principal has arraneed for replacement surety protection or when responsibility and maintenance has been taken over by another company and the body assuming responsibility for maintenance of that facility advise the Department_in writing of its intentions to do so. and posted a replacement of sure Except as otherwise expressly stated herein, this credit is subject to the Uniforms Customs & Practices for Documentary Credit (1993 Revision),Jntemational Chambers of Commerce Publication No. 500. Attest A, 4JA (Seal)UU &ttrizWed JSignature J Type or Print Name Sr, L(3A-,-J Title VirO:ia Department of 7'ranmportation MinUmmi Standards of Entrances to State Highways U /) 0 y, sip 2 c ✓ COMMERCIAL ENTRANCE DESIGNS ALONG HIGHWAYS WITH SUOULDERS Wnpgsh VWW SLNGLE TWO-WAY ENTRANCE 0^'-- LI Ats of Patdn9 Lot I I f6 � 11I t SINGLE WITH RIGHT TWO-WAY URN LANTA NEAND PER S81 $ - liar Newc0 jr rni-.3a�- 2(o cy/ r Sl be \4(E&T d kS i-AkM tAPt 0-T 60TkAdC(� 19 lill �--- F Edgd at Povernant V LETTER Sl7d0OL OIMENSIO"S A As determined by the Enggncer " ' . e 100' w greater. ' C 25• orgreoter. to doe lop4. ere o3 �.1Tele Jt 19 an(IG1pd,. d that the r1gAt turn lone "I become a conllr, r s thru fore in the future. an od&0O.c9 12'te recommended. F 48'or 9r aatly. 0 12' V 12.5•- 50'. The .dK&electe0 shoi ace^omnw'adote tTe anticipated tyye of chicle usd9e. Larger rodiishovld bo. covniderad b/ the do:Jgner or ay be requred by lho 't .ErtFpneer larger vahictea ore on .Icipoted: nowever, An no odes ahollradiu. be Ieis tnan 12 5•' k 70 AU y GO' - HO' f•Jotc3:� . 14"o maa detoas charm a•n this shed! y be rno6ried td me.n apeeitle site requramonts or cheated or approved by the Engln~. when based en eawnd englneerinq prindpk.e. It an Accessible rcwtc oe dertned in 2e YAC 3O-7t•50 is, present, e�Xb ramps Jn occortlonce with 5t'd. CG-12 will ba Provlded. ----- Limits of Parking Lot I I )1 t R, w.-7 t 1 [49a of Povernent �/�'�,Cu.e_4 VPu7- ' f/ 710 9-ED Commonwealth of Virginia Department of Transportation Land Use Permit LIAR - 3 z0Qs Permit No. 855-7502 Revision No. �.,..* Status Active Application No. Payment Method Check Total Payment Amount $40.00 Effective Date March 2, 2006 Expiration Date March 2, 2007 Reinstatement Date Revision Date March 02, 2006 Permittee Information: Your Job # West Oaks Farm Owner 2317650158-1-1, Robert Agent 231765015A-1-1, Joe Snapp Rhodes Address Robert Rhodes Address Joe Snapp 1107 Cedar Creek Grade 229 West Oaks Lane Winchester, VA 22602 Winchester, VA 22602 Contact Joe Snapp Contact Joe Snapp Phone # (540)662-9690 Phone # (540)662-9690 Fax # (540)662-2710 24 Hr. # (540)303-3829 24 Hr. # (540)303-3829 Surety & Account Receivable Information: Name Valley Farm Credit Surety Type Letter of Credit Surety Acct. 324855-11 Amount 5,000.00 Obligation Amt. 5,000.00 Surety Holder Owner Acct. Recv. # AUTHORIZATION: In compliance with your application, permission is hereby given insofar as the Commonwealth Transportation Board has the right, power, and authority under sections 33.1 - 12(3); 33.1 - 197: 33.1 - 198 of the Code of Virginia as amended, to grant by Special Agreement and/or by Land Use Permit for you to perform the work and or activity(s) described below: County/City/Town Frederick Co. Highway Route(s) 622, Cedar Creek Grade From Route 37 To Route 11 DescriptionWork Reconstruct commercial entrance to Farm Market. Total Fee Description Regular Permit Fee New Fee $0.00 Existing Fee $40.00 $40.00 Totals Applicant has complied with Section Code 56-265.15 affidavit is attached. YES Not Applicable TERMS: Applicable as stated within the Land Use Permit Manual (current edition) and/or as per approved plan(s) and/or regulatory instructions and/or agreements attached hereto. THIS PERMIT IS NOT VALID WITHOUT THE FOLLOWING ATTACHMENTS: Approved Site Plans, Special Provisions - General COMMONWEALTH TRANSPORTATION BOARD i Call before you dig Gregory A. Whirley Allow the required time for marking By: 3/2/2006 (D Respect and protect the marks/flags Lloyd A. Ingram Call Miss Utility Excavate carefully 1-800-257-7777 Final Inspection Requirements: Upon completion of the work described under this permit, the permittee shall contact the following office in writing to request inspection. Edinburg Residency (540)984-5600 14031 Old Valley Pike Edinburg, VA 22824 Permit No.: 855-7502, Revsion No.: 1 Permittee VDOT's Web Site: www.vdot.virginia.gov Form LUP005 Revised 10/98 PERMITTEE NOTICE TO VDOT OF COMPLETION Date: Permit #: County: Route(s): Virginia Department of Transportation Attention: Land Development 14031 Old Valley Pike Edinburg, VA 22824 Gentlemen: The above referenced permit has satisfactorily been completed and is . ready for final inspection. I hereby certify the work has been completed in accordance with the permit, plan and special provisions. Sincerely, (Permittee or Agent) Virginia Department of Transportation Attention: Land Development 14031 Old Valley Pike Edinburg, VA 22824 -Commonwealth of Virginia Department of Transportation 1/2005 75 0 2 LUP-A LAND USE PERMIT Application APPLICATION is hereby made for permit as shown on the accompanying plan or sketch and as described below. Said activity(s) will be done under and in accordance with the rules and regulations of the Commonwealth Transportation Board of V irginia, in so far as said rules are applicable thereto and any agreement between the parties herein before referred to. Where applicable agreements maybe attached and made a part of the permit assembly including any cost responsibilities covering work under permit. Applicant agrees to maintain work in a manner as approved upon its completion. Applicant also hereby agrees and is bound and held responsible to the owner for any and all damages to any other installations already in place as a result of work covered by resulting permit. Applicants to whom permits are issued shall at all tunes indemnify and save harmless the Commonwealth Transportation Board members of the Board, the Commonwealth and all Commonwealth employees, agents, and offices, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit to the extent allowed by law. In consideration of the issuance of a permit the applicant agrees to waive for itself successors in interest or assigns any entitlements it may otherwise have or have hereafter under the Uniform Relocation and Assistant Act of 1972 as amended in event the Department or its successor, chooses to exercise its acknowledged right to demand or cause the removal of any or all fixtures, personality of whatever kind or description that may hereafter be located, should this application be approved. TYPE OR PRINT CLEARLY Driver's license or Tax ID number 211 --746 - SO ] S e? t/ Contact Name ,rem �S',Vrl Plo Owner Name —Rower RN O DE-s / E-mail Address Address if 0-7 Ci, O q Q CREEK GOA O E / Phone Number (SLiy ) (0lc)2 - '?4,90 City W1 n1C N ES T1s,7L State Y H Zip Code Emergency Number (,S((U > 303 - 3,�,2 9 ��e C ✓' Fax Number ( ) - Driver's license ID number I 7 — Contact Name 1 .orTax Agent Name -36 e- sNapP E-mail Address Address' ZL9 W-(AT nAKJ rsnlc� Phone Number City W 14CHe&Fta State V.4 Zip Code ae3O Emergency Number ('�VD) ?! 3 - ' Z Ci C a« i* •�, Fax Number (<q 6 ) &D02 - I 0 ��� zn Permit Term Reque fed Fees Enclosed $ 15240 ' Check Number 5 W ® Coupon Number(s) qZ Money Order Other Estimated cost of work to be performed on VDOT Right of Way $ Surety Information: urety Company Name Amount of Surety $ Obligation Amount $ x— p ` c o The Surety posted by Owner ( ) or Agent( Check # Bond # ILC # Surety Refunds paid to Owner ( ) or Agent( ) [ ] Corporate Surety [ ] Resolution [ ] Ordinance [ ] Waived Applicant has provided proof of the following requirements in accordance as defined in Code of N ireinia section 2.2-1151.1. (1) The utility company has registered as an operator with the appropriate notification center. (2) Attached is a notarized affidavit, that the utility owner has notified the commercial and residential developer, owner of commercial or multifamily real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested, that application for the permit has been made. Request Permission: To perform the following activity(s) :1�KP(Z0V'& ENTRArJC-C ]n1T0 f;Qrn MA-2KE-r as per attached plans. Location: Tax Map lilt m—trq (o3 - A - 2. - F Applicant Job No. Geographically i County / own / City of ��'0.[/.2)-i iC+l�t Highway Route and/or Name Between Route St. Name Latitude Longitude And Route ilt [ ] St. Name a ((A thA t 1r-,, 1,0-1R', Latitude Longitude 1 I IF APPLICABLE, I AGREE TO PAY THE FULL SALARY AND EXPENSES OF A STATE ASSIGNED INSPECTOR IN CONJUNCTION WITH THIS PROJECT, COVERED BY ACCOUNT RECEIVABLE NUMBER. Signature of applicant Title 'F2 ��FAAe-K6-T- Date 2 Io 6b� Signature of agent Title Date ' i � �+ All applicable items on this form mu ) completed before your request can be considered. Recheck information fumished to avoid delay. Prepayment Required - make Remittance payable to Virginia Department of Transportation. VDOT USE ONLY Receipt is hereby acknl�ggw�ledyped of In The Amount, pf $ `tCl . COUPON M.O. . VDOT Reference Number VDOT. a ) / i--7 /,0- k -� CI,V/ 7 FORM MP-255 t n (Rev. 1-92) i a COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS FOR COMMERCIAL ENTRANCES PERMIT NO. Any of the following enumerated Special Provisions as can apply, shall apply. (1) All grading, concrete, paving and drainage work done under this permit on the road right-of-way shall, in all respects, including location, alignment, elevation and grade; manner of performing work; restoration of conditions, etc., be subject to Department current specifications and directions and shall be done to the satisfaction of the Department's Resident Engineer or his representative. (2) It is the duty of District Administrators and Resident Engineers to keep all roads in a safe and travelable condition at all times, therefore, a permit may be denied any applicant and all permits issued by the Commonwealth Transportation Board may be revoked whenever, in the opinion of the Commonwealth Transportation. Commissioner, the safety, use or maintenance of the highway so requires. (3) During construction, the Permittee shall furnish necessary signs, trained flag persons or other protective devices for protection of traffic and workers in accordance with the specifications of the Department's Work Area Protection" manual or as directed by the Resident Engineer or his representative. All signs shall be in accordance with current edition of the "Manual on Uniform Traffic Control Devices." (4) No trees or shrubs on the State right-of-way shall be cut or trimmed without approval from the District Environmental Section or Resident Engineer and a properly executed Tree Trimming permit (For TT). (b) ::The entrance shall be constructed in accordance. with the method prescribed below: (A) inches of aggregate base material (crushed stone) type - �J l ` S 6 rJ e- :Z /2 4 1gS10AA1.T (6) Base materials as prescribed are subject to inspection for proper depth by Resident Engineer prior to paving. (7) Entrance pavement shall slope away from highway pavement at a rate of y per foot for 10 feet. A .neatly sawed joint is to be provided where entrance pavement joins existing highway pavement. ($) Concrete curb island(s) shall be backfil led, topsoiled, and neatly dressed flush with the top of the curb for the entire.le:ngth of curbing. These areas shall be seeded as noted or as directed by the Resident Engineer at the construction site. (9) Where pipes are required under entrances, they shall be sufficient length to allow a 3:1 slope from top of curb to ends of pipe. (10) Road drainage shall not be blocked. The shoulders, ditches, roadside, and drainage facilities, as well as the pavement, shall be kept in an operable condition satisfactory to the Department. Necessary precautions shall betaken by the Permittee to insure against siltation of adjacent properties, streams, etc., in accordance with the Department's current standard practices. FORM MP-255 (Rev. 1-92) (11) No cleated equipment shall be used on the highway pavement. (12) Permittee shall be responsible for future maintenance of entrances to insure they provide safe ingress and egress to the highway at all times. (13) Permittee shall be responsible for correction of entrance paverrient (when necessary) if future resurfacing is performed on the highway pavement. (14) This permit does not grant permission to grade near, adjust or disturb in any way, existing utility poles or underground lines in this area. Permission to do so must be obtained from the proper utility company and any expense involved must be borne by the Permittee. Prior to any excavation, the permittee shall comply with the terms of the "Underground Utility Prevention Act," Title 56, Chapter 10.3, Sections 56-265.14 thru 56.265.29 Code of Virginia as amended. (15) Any right-of-way monument signs or other markers within State right-of-way which are disturbed will be accurately reset by Permittee. (16) No work shall be done on adjacent property or on State right-of-way in front of said property without the property owner's written permission. (17) Prior to any planting of shrubbery on the right-of-way, a permit outlining the proposed planting must be received and approved by the Department. (18) The absence of a State Inspector does not, in any way, relieve the Permittee of his responsibility to perform the work in accordance with the approved design, specifications and provisions of this permit and no changes shall be made without the Resident Engineer's approval. (19) if during or before construction it is deemed necessary by the Department to assign Inspectors to the project, the Permittee is to pay the Department an additional inspection fee in an amount that will cover the salary, expense allowance and mileage allowance of the Inspector or Inspectors assigned by the Department for handling work covered bythis permit. Said inspection fee to be paid promptly each month on bills rendered by the Department. (20) The Department reserves the right to stop the work at any time the terms of the permit are not satisfactorily complied with; and the Department may, at its discretion, complete any of the work covered in the permit or restore the right-of-way to Department standards and bill the Permittee actual cost of such work. (21) It shall be the Permittee's responsibility to obtain any and all necessary permits that may be required by any other governmental agency. (22) No advertising signs or merchandise of any nature will be allowed in the curb islands or adjacent right-of- way. (23) No parking of vehicles will be allowed in curb islands, between curb and edge of pavement, in or adjacent to Entrances. NOTE: Tenure of all commercial entrances to highways is not infinite Nor is it meant to be transferred from one other to another. Commonwealth of Virginia LUP-SP Department of Transportation LAND USE PERMIT 1/2005 Special Provisions NOTICE OF PERMITTEE LIABILITY Permittee Agreement for Land Use Permit655 5 02 I the undersigned Permittee/Agent, I have read and I am fully cognizant of all the requirements for permit # Permittee Name cSNAPP Permittee Signature. Date 2 /cj6 G 01 Any of the following provisions, which can apply, shall apply 1. Permittee acceptance and use of a Virginia Department of Transportation (VDOT) Land Use Permit is prima facie evidence that the Permittee has read and is fully cognizant of all required permit provisions, applicable traffic control plans and associated construction standards to be employed. All applicants to whom permits are issued shall at all times indemnify and save harmless the Commonwealth Transportation Board, members of the Board, the Commonwealth, and ALL commonwealth employees, agents, and officers, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit to the extent allowed by law. 2. The Permittee agrees to secure and carry insurance against liability for personal injury and property damage that may arise from the work performed under permit and/or from the operation of permitted activity -up to one million dollars ($ 1,000,000) each occurrence to protect the Board Members and Department's agents or employees; seventy-five thousand dollars ($75,000) each occurrence to protect the Board, the Department, or the Commonwealth in event of suit. 3. The Permittee assumes full responsibility for any and all (downstream,'flooding, erosion, siltation, etc.) damages that may occur as a result of the work performed under this permit. Furthermore, the Department will in no way be responsible for any'damage io the facility being placed as a resultof future'maintenance or construction activities performed by VDOT. 4. The Permittee agrees to move, remove, alter, or change any installation that interferes with the ultimate construction of the highway in alignment or grade without cost to the Department unless otherwise stipulated and agreed to by the Department. 5. The Permittee shall immediately have corrected any situation which may arise as a result of these installations that the Department's Resident Engineer or his/her representative deems hazardous to the traveling public, even though it may not be specifically covered in the Land Use Permit, the Special Provisions and/or the Land Use Permit Manual. 6. Any and all highway signs, Right -of -Way markers, etc., disturbed as a result of work performed under this permit shall be accurately ' reset by the Permittee immediately following the work in the vicinity of the disturbed facility, The services of a certified land surveyor with experience in route surveying, may be required. 7. It shall be the Permittee's responsibility to obtain ANY and ALL necessary permits that may be required by any other government agencies, i.e. Corp. of Engineers, Dept. of Environmental Quality, Soil Conservation Services, etc. 8. A copy of the permit to be kept on -site at all times. 9. The Permittee is required to notify the local VDOT Residency Office or Permit Office at least 48 hours in advance. of ANY proposed work commencing, and before the following operations take place. Failure to carry out this requirement may result in this permit being revoked. A. Placing Concrete or asphalt. B. "Proof rolling or nuclear testing taken of subgrade before stone is placed C. "Proof rolling" or nuclear testing taken of base stone: D.: 'Boring or jacking of.pipes larger than 6" inches: 10. The Permittee is required to notify the local VDOT Residency Office or Permit Office, and District Traffic Engineering Section when planned excavation is within 1,000 feet in the vicinity of a signalized intersection. Failure to carry out this requirement may result in the permit being revoked. 11. The Permittee is required to notify."Miss Utility" or each operator of an underground utility where no notification center exists of any planned excavation. This notification must be provided at least 48 hours - excluding weekends and holidays -before the start of planned excavation. Failure to carry out this requirement may result in this permit -being revoked. 12. If during or before construction it is deemed necessary for VDOT to assign an Inspector to the project, the Permittee is to pay the Department an additional inspection fee in an amount that will cover the salary, expense allowance, and mileage allowance for the inspection(s) assigned by the Department for handling work covered by this permit. Said inspection fee to be paid promptly each month on bills rendered by the Department. 13. The absence of a State Inspector does NOT in any way relieve the Permittee of his/her responsibility to perform the work in accordance with the approved plans and provisions of the attached permit and Road and Bridge Standards (current edition) and Road and Bridge Specifications (current edition). No changes shall be made without approval of the Department's Resident Engineer or his/her representative. 14. It is the duty of the Department's Resident Engineer or his/her representative to keep all roads maintained in a safe, travelable condition at ALL times. Therefore, any permit may be denied, revoked or suspended, when in the opinion of the Resident Engineer or his/her representative the safety, use or maintenance of the highway so requires. 15. The Permittee shall at ALL times give strict attention to the safety and rights of the traveling public, her/his employees and herself/himself. VDOT reserves the riSht to stop work at anytime due to safety problems and/or noncompliance with the terms of the permit. The Department may, at its discretion, complete any of the work covered in the permit or restore the Right -of -Way to Department's Standards and bill the Permittee for the actual cost of such work. The Permittee may be required to move, alter, change or remove from the Department's Right -of -Way, in a satisfactory manner, any installation made on the Right -of -Way under this permit. 16. All work performed under this permit on VDOT's Right -of -Way shall in all respects, including location, alignment, elevation and grade; manner of performing the work; restoration of conditions, etc., be subject to VDOT's directions, Road and Bridge Standards (current edition) and Road and Bridge Specifications (current edition) and shall be performed to the satisfaction of the Department's Resident Engineer or his/her representative. 17. Design changes, specified material changes and/or field 'changes from the approved plans need to be submitted to the appropriate, local VDOT Residency Office or Permit Office, prior to proceeding with the work. A letter of explanation shall accompany the revised design plans and/or engineering calculations, which must be submitted to VDOT for review and approval by the Residency Office or Permit Office. Traffic Control and Safety Procedures: 18. Traffic shall NOT be blocked or re-routed (detoured) without written permission from the Department's Resident Engineer or his/her representative. Where one-way traffic is permitted to be maintained, it shall be properly flagged 24 hours per day by a trained, certified flagperson. A certification card is required for any person flagging within VDOT's Right -of -Way. 19. During construction, the Permittee shall furnish ALL necessary signs, flagpersons and other protective devices (lights, barricades, etc.) for protection of traffic and workers in accordance with the specifications of the Virginia Work Area Protection Manual or as directed by the Resident Engineer or his/her representative. All signs shall be in accordance with the current edition of the Manual of Uniform Traffic Control Devices WTCD). Trained, certified flagpersons shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestriantraffic in accordance with MUTCD. Flagpersons shall use sign paddles to regulate traffic in accordance with MUTCD. 20. Hours and Days of Work: Permittee is authorized to work between the hours of 9:00 a.m. to 3:30 p.m. Monday through Friday, and one half hour after sunrise until one-half hour before sunset on Saturday and Sunday. Any variance in times of work must be obtained from . the Resident Engineer. 21.. Certification for flagperson will be awarded upon a candidate's satisfactory completion of an examination. Certification card shall be ' carried by the flagperson while performing duties. A flagperson found not in possession of his/her certiflcation.card shall be removed from the flagging site and. the Resident Engineer or his/her representative will suspend operations requiring flagpersons. Furthermore,' flagpersons performing duties improperly shall have their certification revoked. 22. Long, open trenches will NOT be permitted. The maximum length at any time, including backfilled portion, which is not suitable for traffic, shall NOT exceed 500 feet and shall be properly signed and delineated. Trenches are NOT to be left open overnight unless approved by the Resident Engineer or his/her representative. No pre -blasting or pre -blowing will be permitted without prior approval from the Resident Engineer. 23. No excavated material is to be placed or tracked on the pavement, without written permission of the Resident Engineer or his/her representative. When so permitted, the pavement shall be satisfactorily cleaned by an approved method. No cleated (track -mounted) equipment is to be used on the pavement, without proper protection to the pavement. 24. Excavations: • OSHA requires shoring for any excavation 4' or more in depth. • When not utilizing shoring, excavations are to be sloped accordingly. • Shoring or trenching boxes need to be approved by a licensed Professional Engineer. Restoration Procedures: 25. All backfilling and compaction of disturbed areas shall be in accordance with the specifications outlined in VDOT's Road and Bridge Specifications (current edition). All compaction tests result shall be maintained on site for inspection. The Permittee will be held responsible for correcting any settlement of backfill or pavement for a period of three (3) years after completion of work. All trenches shall be maintained to the satisfaction of the Resident Engineer or his/her representative. • 100% required for top 6" of subgrade • 95% required between ditch to ditch, and from sidewalk to sidewalk • Fill materials to should be placed in 6" layers. 26. Where pavement exists, all crossings shall be bored, pushed or jacked from back-of-ditchline to back -of ditchline or toe -of -fill to toe -of - fill. The pavement shall NOT be cut unless otherwise approved by the Resident Engineer and then only if justifiable circumstances. prevail or proof is shown that a thorough attempt has been made to push, bore or jack. 27. Whenever the pavement is permitted to be cut, not over one-half of the roadway width shall be disturbed at one time; the first opening shall be completely restored to satisfactory, travelable condition before the second half can be opened. The Permittee shall mill and resurface ALL (asphalt) concrete roadways; and resurface all other roadway with like material. that exists, for a distance of 25 feet on each side of the disturbed area from edge -of -pavement to edge -of -pavement. Whenever the pavement is permitted to be cut, the provisions of LUP-OC shall apply. Where the pavement is disturbed or deemed weakened, in its entirety or such portions of it as deemed desirable by the Department, shall be restored or replaced in a manner, which is satisfactory to the Resident Engineer or his/her representative. 28. The appropriate, local VDOT Resident Engineer shall determine working hours on ALL state routes. 29. Environmental Issues: A. The applicant is responsible for pursuing and obtaining any and all environmental permits which may be required to pursue the proposed activity prior to any work beginning within VDOT right of way. B. In the event the applicant encounters hazardous materials or underground storage tanks within the right of way in the pursuit of his activities, the applicant is responsible for ceasing all work within the site and notifying the Residency and other responsible groups, i.e. local fire department, emergency services, Department of Environmental Quality, etc. The applicant is responsible for coordinating and completing all remedial/removal activities required in order to properly complete the proposed activities within VDOT right of way. C. In the event the applicant encounters cultural resources, archaeological, paleontological, and rare minerals, within the right of way in the pursuit of his activities, the applicant shall act immediately to suspend work at the site of the discovery and notify the Residency. The applicant is responsible for notifying the proper state authority charged with the responsibility for investigating and evaluating ---- . such finds. The -applicant will. meet_ all necessary requirements_for.resolving -any__conflicts_piior-to-continuing with-the_proposed-. activities within VDOT right of way and shall provide evidence of such compliance to the Residency. D. Drainage - Road drainage shall NOT be blocked." The shoulders, ditchfa es, roadside and drainage cilities, as well as the pavement;. shall be kept in an operable condition satisfactory to'the Department .Necessary: precautions shall be taken by the.}?ermittee'to insure against siltation of adjacent properties, streams, etc. in accordance with VDOT's current standard practices or as prescribed by the Department's Environmental Manual" Erosion and Sediment Control'.' and Resident Engineer_ or his/her representative. 30. Entrances - Road and street connections, private entrances, and construction entrances are to be kept in satisfactory condition. Entrances shall NOT be blocked. Ample provision must be made for safe ingress and egress to adjacent property at all times. Where entrances are disturbed they shall be restored to the satisfaction of the property owner and the Resident Engineer or.his/her representative. The Permittee shall submit to the local VDOT Residency Office or Permit Office engineering calculations, etc. showing aPtermination of appropriate size of entrance pipe. 31. When building a turning lane adjacent to an existing VDOT roadway, it is the responsibility of the Permittee/Agent to meet or exceed the existing pavement and sub -base typical section. Before any work is performed, the typical section must be reviewed and approved by the Resident Engineer or his/her representative. 32. No trees or shrubs shall be cut or trimmed and no tree roots over 3" in diameter are to be cut without written permission of the Resident Engineer or the District Environmental Manager and covered by a properly executed Tree Trimming Permit. All roots under 3" in diameter are to be clean cut with an ax or saw. Particular attention shall be given not to splinter the roots next to the tree. No trees or shrubs are to be planted without prior review and written approval of the District Environmental Manager and Resident Engineer. Utilities Guidelines: 33. Prior to any excavation, the Permittee shall comply with the terms of Underground Utility Damage Prevention Act, Title 56, Chapter 10.3, and Section 56-265.14 through 56-265.20 Code of Virginia. This permit does NOT grant permission to grade on property of others, grade near, adjust or disturb in anyway, existing utility poles or underground facilities in permitted area. Permission to do so must be obtained from the proper utility company and any expense involved must be borne by the Permittee. Any conflicts with existing utility facilities shall be resolved between the Permittee and the utility owners, involved. 34. All crossing and parallel installations allowed in the shoulders or ditchlines shall have a cover of 36 inches. All underground Cable TV and telephone cables placed adjacent to the Right -of -Way and back of ditchline shall have a minimum of 30 inches cover. All other facilities shall have a minimum of 36 inches of cover. 35. Where feasible, all aboveground installations (such as fire hydrants, telephone pedestals, markers, etc.) shall be located adjacent to the Right -of -Way line. All manhole covers, valve box, etc., shall be installed two inches below existing ground line and shall conform to existing contours. 36. No poles, guys, anchors, etc., are to be placed on the Department's Right -of -Wary unless so indicated and approved on this permit. At no time will any such facilities be allowed between the ditchline and the traveled roadway. 37. ALL overhead crossings) shall conform to the latest requirements of the National Electrical Safety Code; and the vertical clearance 'of the lowest wire or cable crossing the roadway or entrance, shall riot be less than 21 feet for Interstate and Limited Access Highways, and 18 feet for all Primary and Secondary roads. Final Inspection and Completion of Permit: 38. Upon completion of the work covered by this permit, all disturbed areas within VDOT's Right -of -Way shall be topsoiled, seeded, and restored to their original condition as found, prior to starting such work: 39. Completion of this permit is contingent to the fact that the Permittee is in compliance with ALL governing bodies involved in the total completion of work on VDOT`s Right -of -Way. 40. The Permittee is required to notify the local VDOT Residency Office or Permit Office upon completion of work covered by the attached Land Use Permit. The Permittee is responsible for requesting a Final Inspection. 'Commonwealth of Virginia Department of Transportation 1/2005 Date: a - / r- Q (o Issuing Bank: Address: P.y, J1 x p -7 o O City: 0 tAC4W j'k✓ , Stated 44 Zip Code 9Abotl Amount: LC 0 Expiration Date: I - I ,*- o 7 VERGINIA DEPARTMENT OF TRANSPORTATION ADDRESS: City: , State Zip Code 7502 LUP-LC LAND USE PERMIT Irrevocable Letter of Credit Bank Agreement APPLICANT NAME: �L Op k- 10, Tax ID number or Driver's license Number: Phone Number: S'140 - G (� ). - 4 Address: a,, of LJ4qt_ per, kk City: I_rngJw,(, STATE%J A_Zip Code 1y(,pZ We hereby issue our Irrevocable Letter of Credit number 3 I y rZ - 1in your Department's favor for the account of S t for a sum not exceeding A%pe `j&�lSar►d f-°" l m U.S. Dollars ($ � O O a ) av ' able by sigh draft on the above stated issuing bank accompanied by documents specified below: A certified statement signed by the Permit Manager or his/her representative stating that S"1. Q, ,g� has not satisfactorily completed work pursuant to the permit issued to the permittee or his agent to perform the work as descri edl5 on the face of the permit in the county of J*o, I-;- clk A statement signed by the Permit Manager or his/her representative to the effect that: "This drawing is for the explicit purpose of providing for completion or restoration of the right of way to the terms of the Land Use Permit Manual and pursuant to the agreement of the permittee or his Agent to perform the work covered by permit to the satisfaction of the Department." All drafts must ear the clause "Drawn under Letter of Credit No. 2 Z yPss�! dated 20 ,�. ' We hereby engage with drawers, endorsers and bona fide holders that all drafts drawn in compliance with the terms of this credit shall be duly honored upon presentation and delivery of this document. This Irrevocable Letter of Credit shall remain in full force and effect for a period of two (2) years from the date hereof and shall automatically renew itself from year to year for three (3) years, one (1) year periods thereafter unless and until the above issuing bank shall give ninety (90) days prior written notice to the department, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED of its intent to terminate same at the expiration of said ninety -day period. During said ninety (90) days notice period, this Irrevocable Letter of Credit shall remain in fiiil force and effect. During the last thirty (30) days while this letter is in force and effect after notice of termination has been given, The Department may draw up to the fiill amount of the letter of credit when accompanied by a document stating that Soslp" A Sv�avle has failed to provide an acceptable substitute Irrevocable Letter of Credit or deposit in escrow account, and do a�cument sta g that "The drawing will be held by the Department for the sole purpose of roviding for the completion or restoration of the right of way for work covered by permit issued to 1pw{.XnAlaa on 20 OG , until such work is completed or restored to the Department satisfaction: This-cre ' shall be to nMeed-upon tie Pe- Ia`nager-or his appoint-ed-repre§entative giving written release stating that the terms of the permit have been completed and accepted by the Department." Note: Continuous Letter of Credit for utilities "telephone electric power lines water, sewer, gas" cannot be cancelled unless facilities covered by the permit have been removed from the Right of Way or the principal has arranged for replacement surety protection or when responsibility and maintenance has been taken over by another company and the body assuming responsibility for maintenance of that facility advise the Department in writing of its intentions to do so and posted a replacement of surety. Except as otherwise expressly stated herein, this credit is subject to the Uniforms Customs & Practices for Documentary Credit (1993 R! AsIT)Jntemational Chambers of Commerce Publication No. 500. Attest (Seal) Aorinz!d Signature Type or Print Name A-A/ Title n, CYl 0 C-4 Chi Virginia Department of Transportation Minimian Standards of Entrances to Stale Highti�,rys COMMERCIAL ENTRANCE RESIGNS ALONG HIGHWAYS WITH SHOULDERS 4En90eh Unitel SINGLE TWO—WAY ENTRANCE 1--- Limits of Porkng Lot r I d I e N I I u / c 1 C Y� G 1 F �— F ` Edge of Po ement SINGLE TWO—WAY ENTRANCE WITH RIGHT TURN LANE AND TAPER LETTER SYMDOI. OINENSiONS A As determined by the Englncer . B 100'or g/aat.r, C 25' w Veater. In developing areos where It is anttepoted lhot the right turn lone rill become o c"'Llnuoue 0,u Ion. in the future, an 0ddRioncW /2' Is recommended. F 48' o+ greater. G 12, ' U 12.5' - 50'. The radii eafeeted shall o[cammoeal: the onticlpated type of vohicla usage, Lwgz rodi r.7+oWd be considared by the d:aignar o, rnoy be regcared by the Enggln,,ar if tagar vehicle,, we ant'cci pa Led; hasrever,. in no case sh all radlas bo lass than s2.5'. tV 30• - 4f1' Y 60" go, Not..; Entrant. details shown on this sheet may he modified to mast npeeiftc site r *,iremants ar directed or oppra.ed by the EngfnaerfCased on sound aigvi:.ring principles, 11 an Accessble route as da rinad in 24 VAC 30-71-10 Is ppr.sent, curb ram s in occordonc: vith SI'd, GG-F2 "II be provided. tinits of F-r W g Lot ' s �- --- w -� 4 i e ft/w-7 — u � c Y G Edge of pavement 19 B —i CC-6 NOTES: 1. THIS 17EIA MAY BE PRECAST OR CAST RI PLACE. 2. CONCRETE TO BE CLASS A3 W CAST Ifd PLACE, - - - 4000 PSI IF PRECAST. 3. CO&ONATIOH CURB & GUTTER HAVING A RADIUS OF 300 FEET OR LESS (ALONG FACE OF CURB) SHALL BE PAD FOR AS RADIAL COIABINA710N CURB & GUTTER. 4- FOR USE WITH STADILl2ED OPEN -GRACED ORANAGE LAYER, THE BOTTOM OF THE CURB AM GUTTER UA&L BE CONSTFUCTIED PARALLEL TO 7HE.SEOPE Of SUBBASE COURSES ' AND TO THE DEPTH OF THE PAVEMENT. 5. THIS CURB IMAY BE USED WKN DESIGN SPEED IS 40 MPH OR LESS 2" R OH RURAL HIGHWAYS AND 4PAPH OR 5 LESS IN DEVELOPED URBAN ® SuBUBURBAlJ AREAS. IF THESE DESIGN SPEEDS ANE EXCEEDED STAMPM CG-7 IS REQUIRED. D 6 s • O \ e e e e e 7" e ' n s — — — — THE BOTTOM Or THE CLRB AND GUTTER NAY BE CONSTRUCTED E;" 2'-(r PARALLEE TO THE SLOP£ OF SUBBASE COURSES PROVIDED A PAN/IUTA CEPTH OF 7^ IS, IAANTAINEO- THIS AREA MAY BE CONCRETE AT THE OPTION OF THE CONTRACTOR SPECFrCATKIN REFERENCE COMBINATION 6" CURB & GUTTER 1D5 502 - VRGINIA DEPARTMENT OF TRANSPORTATION r-- 201.03 s r » T Z Z O 0 c W t Oct Q LU ui V a0 oar Awl Z Q Z ti hhyw� O C) N C (6 'O .n LU 0 ai 2 2 O0 2 2 OQ � ° w C 00 co a 6 uia. ` U) N 2 4 a N ® s a z 0. Updated 0112006 • A "vvd Kse Pervwtt Ls rec(ufbreol avuU %wt.e woriz avOlor. ac MtU Ls perforvwed ovu or adjacev-t to a state vwawwta'&v,,ed roaolwnU. AppU' wt%ov►, for a perv4.%t 's to be nwole to the respective Res%dewcl� o f fr,ce. The E�-di,vubkrg R.es*devzu covers shevia oloah avwl :Freolertck Cou.wt%es. VDOT Edinburg Residency Land Development Section 14031 Old Valley Pike Edinburg, VA 22824 Telephone #(540) 984-5600 Fax #(540) 984-5607 ❖ secewv- Gaoler: Lloyd Ingram, Telephone #(540) 984-5611 ❖ 'Maw R.Mewer: Barry Sweitzer, Telephone #(540) 984-5631 ❖ lwspect�ow/i�ervu�t�proyal,: Ronnie Dove, Telephone #(540) 984-5633 III ❖ lwsueadmn,, aedewcle aamtU: Robert Hawkins, Telephone #(540) 535-1824 ❖ A01MWLstrat%ye support: Rhonda, Funkhouser, Telephone #(540) 984-5602 • Updated 03%21/2005 04 Utility Projects: ■ LUP-A, Land Use Permit Application ■ LUP-SP, Land Use Permit Special Provisions ■ Surety (See Attached Bond Forms) ■ Permit Fee in check form made payable to VDOT (See Attached Fee Schedule) ■ Notice to Permittee of Account Receivable Charges, if applicable ■ Ownership Letter — Only For Service Connections to be Taken Over by Public Utility Company (See Example) ■ Two (2) sets of plans or a detailed drawing to include: • Detailed description of work to be performed • State Route Numbers (not street names) • Pavement & Right -of -Way. Widths • Distance to Nearest Intersecting State Route in both directions • North Arrow • Typical Section (if underground) 4` Commercial Entrances/Street Connections: ■ LUP-A, Land Use Permit Application ■ LUP-SP, Land Use Permit Special Provisions ■ Surety (See Attached Bond Forms) -- ------ - -- -- otice-tc-Permittee of Account -Receivable Charges, fap icable - - - ■ Permit Fee in check form made payable to VDOT (See Attached Fee Schedule) ■ 5 sets of VDOT Approved Plans i -s Statutory Authority §33.1-12 of the Code of Virginia. Historical Notes Derived from VR385-01-16 §1.0680; eff. November 15, 1983. 24VAC30-150-300. Schedule of permit charges. 1. Unless otherwise stated, the Initial Permit Charge shall be $40 minimum plus the "Additive Unit Charges" covered in 24VAC30-150-310, if any. 2. The following is a list of Special Permit Minimum Charges: a. Blanket Permits for $100 per District; house service connec- per road system tions, logging roads. .(primary and (secondary) b. Special Use Permit $100 each (any permit in which a Special Agreement has to be drafted), Land Use Permits (CE-GB) C. Building Movements $50 each d. Private Entrances $40 (when permit surety coverage is required) Statutory Authority §33.1-12 of the Code of Virginia. Historical Notes Derived from VR385-01-16 §1.0681; eff. November. 15, 1983. 24VAC30-150-310. List of additive permit charges. Type of Structure Minimum Unit Charges a. Additive above $5 per structure ground structure (including poles, pedestals, fire hydrants, towers, etc.) b. Additive pole $5 per attachment attachment charge C. Minor overhead $5 per crossing guy charge d. Additive guy $5 per guy and anchor_ and anchor �. charge e. Additive under- $5 per 100 lin. ft. ground charge f. Additive overhead $5 per crossing or underground crossing charge g. Additive excava- $5 per.opening tion charge (includes test borings & emergency openings) h. Additive bridge $2 per lin. ft. attachments charge i. Additive entrance $5 per opening or charge (includes crossover private, commercial, street or road tie= ins, medium cross- overs, subdivision); and logging entrances (when not in conjunc- tion with blanket Permit) j. Additive telephone $5 per booth booth charge k. Additive surveying $5 per route, per charge county. 1. Additive connection $5 per connection charge (when not in conjunction with blanket permit) m. Additive road $5 per 100 lin. ft. construction or reconstruc- tion charge n. Additive side- $5 per 100 lin. ft. walk, curb and ----------- gutter_... __.-------..-----------.-.-....---....----____------------------- - LUP013 — Notice to Permittee Placing A Cash Surety Revised 05100 3 r-r DEPARTMENT OF TRANSPORTATION 14031 Old Valley Pike Edinburg, Virginia 22824 Jerry A. Copp Trans. Resident Engineer TEL (540) 984-5600 FAX (540) 984-5607 NOTICE TO PERMITi'EE PLACING A CASH SURETY I understand .if I should owe the IRS or the Commonwealth of Virginia money for any reason that I may not receive a refund of the cash guarantee placed for land use permit surety unless the amount owned is Tess than the amounted posted. Signature of Permittee Signature of VDOT Witness Date Date Updated 01/2006 'Irf �:, Please cowtact Mr. R.ovi,w%e Aove at (57+0) 98.4-5033 to obtaLIVU a suretu aVV-OR ►.t based ow the awt.ouwt of wort-z proposed ow the statels r Eght-o f-wau. (Iw add�t�ov�,, based ovI, the amokwt of wor�z performed ow the right-o f-wau, of proj'ect mnU be set up ovu aw Accou.wt R.ecetvable bases to cover the cost of a VD0T asstgwed Mspector.) . 5uretu %s to be su.bwLLtted with the l,awd use perw&Lt appl,Laat%ow paCkage usLwg owe Of the fOILowMg vu.ethools: Form LUP-SB, Land Use Permit Surety Bond: ` x . Power of Attorney must be attached. Once land use permit has been satisfactorily completed, single performance insurance bonds are returned to the principal via certified mail. Form LUP-LC Irrevocable Letter of Credit: Must be issued for a period of two years. ---- --- May-be—r-epr-oduced--on-bank letter-head�-but-must-be-in--same--format. -- ir Once land use permit has been satisfactorily completed, letter of credit is returned to the issuing bank via certified mail. Cash Bond: 'Submitted in check form, made payable to VDOT. -- - -- - - --------- a--- - - Notate to Pe�mittee Placin Cash -Sure to be: si ned ---_- once`land"use permit has been satisfactorily completed, permittee - - should allow at least thirty days for return of cash bond. IN Commonwealth of Virginia LUP-SB Department of Transportation LAND USE PERMIT 1/2005 Surety Bond BE KNOWN THAT WE as Principal, and a corporation duly incorporated under the Laws of the State of as Surety, are held and firmly bound unto the Commonwealth of Virginia in the full and just sum of U. S . Dollars ($ ), to be paid to the said Commonwealth of Virginia to the payment whereof we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, sealed and dated this _day of WHEREAS, The said Principal hereunder has been or will be granted permit(s) authorizing one or more of the following activities;(A) to move house property upon public highways of Virginia (B) to cut surface of the highways of Virginia, or to tunnel under such highways; (C) to install and/or erect and maintain telephone, electric power lines, water, sewer, gas or other utilities on, under or over such highways, bridges or tunnels;(D) to install an entrance or tie-in into a public roadway and/or grading upon the Right -of- way; or (E) for the following purposes: Explain below exact purpose(s) for which surety coverage is being obtained.) Work to be performed in.the county/or city of THEREFORE, The conditions of this obligation are such that if the said Principal shall in all respects comply with the terms and conditions of said permit(s), and fully meet and perform obligations thereunder in accordance with requirements for permits as set forth in the Land Use Permit Manual in effect at time of permit issuance, and shall satisfactorily complete the work permitted, and shall indemnify and save harmless the Commonwealth of Virginia against and from all loss; cost, expense damage or injury to highways and bridges and to persons and property lawfully on such highways, growing out of the granting of such permit(s) to said Principal, then this obligation be void, otherwise to be and remain in full force and virtue. NOW, THEREFORE, It is expressly understood that this Bond may be canceled by the Surety at the expiration of sixty (60) days from the date which the Surety shall have lodged with the Commonwealth Transportation Commissioner or his designees written notice to so cancel. This provision, however, shall not operate to relieve, release or discharge the Surety from any liability already accrued, or which shall accrue, on permits issued before the expiration of the sixty-day period. Bonds securing performance on specified active permit(s) may be canceled only upon satisfactory completion of permit(s), as determined by the Department Engineer. NOTE: Continuous Bond cannot be canceled unless facilities covered by the permit have been removed from the Right -of-way, or the principal has arranged for replacement surety protection. ALL permit work covered under section (C) above shall be covered by a bond at all times. Said principal and surety, being properly authorized, have caused these presents to. be executed and their seals affixed the day and year first above written. Surety Name Bond Number Address City State ZIP Contact Person Phone Number Attorney -in -Fact Name Attorney -In -Fact (Seal) Principal Name TAX ID # or DMV ID # _Address City State . ZIP Contact Person Phone Number. ( * POWER OF ATTORNEY AUTHORIZATION TO BE ATTACHED Acknowledgement of Principal STATE OF COUNTY /TOWN/CITY OF I, the undersigned, a Notary Public in and for the County / Town / City aforesaid, in the State aforesaid, do certify that, whose name as Principal is signed to the foregoing writing bearing date on the day of , year , personally appeared before me and acknowledged the same. Given under my hand this day of , year My Commission expires: Notary Public Affidavit and Acknowledgement of Surety STATE OF COUNTY/TOWN/CITY OF I, the undersigned, a Notary Public in and for the County/Town/City aforesaid, in the State aforesaid do certify that, (Attorney in fact name) personally appeared before me and made oath that he is (Title) of the (Name of Surety), that he is duly authorized to execute the foregoing bond by virtue of a certain power of attorney of said company; that said power of attorney has not been revoked; that the said company has complied with all the requirements of law regulating the admission of such companies to transact business in the State of Virginia; that the said company holds the certificate of the Commissioner of Insurance authorizing it to do business in the State of Virginia; that it has a paid -up cash capital of not less than $250,000; that the paid -up capital plus the surplus and undivided profits of said company is $ ; that the penalty of the foregoing bond is not in excess of ten percentum of said sum; that the said company is not by said bond incurring in the aggregate, on behalf or on account of the principal names in said bond, a liability for an amount lager than one -tenth of its paid -up capital, plus its surplus and undivided profits; that the said company is solvent and fully able to meet promptly all its obligations, and the said (Attorney in fact name) thereupon, in the name and on behalf of the said company, acknowledged the foregoing writing as its act and deed. Given under my hand this day of My Commission expires: Notary Public , year Original to be filed with the Virginia Department of Transportation Request for Land Use Permit Surety Bond Cancellation may be addressed to: Virginia Department of Transportation MTY COUNo CK ��� Department of Planning and Development 540/665-5651 FAX: 540/665-6395 April 14, 2006 Mr. Joseph D. Snapp 229 West Oaks Lane Winchester, VA 22602 RE: CUP #02-06 for Joseph Snapp and Robert Rhodes Property Identification Number 63-A-2-F Dear Mr. Snapp: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on April 12, 2006. Your Conditional Use Permit #02-06 for an Off -Premise Wayside Market with Ice Cream Stand, was approved with the following conditions: 1. All review agency comments shall be complied with at all times. 2. The site shall be allowed to have one freestanding sign. Maximum height of freestanding sign shall be ten (10) feet. Maximum size of a freestanding sign shall be twenty five (25) square feet. 3. No internally illuminated signs shall be allowed outside of the building.. 4. Maximum size of a building -mounted sign shall be ten (10) square feet. 5. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 60 feet from Cedar Creek Grade. 6. A minimum of nine (9) lined parking spaces with wheel stops, and a minimum of double prime and seal, shall be installed prior to the operation of the off -premise Wayside Market. 7. Any expansion or change of use will require a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, ar R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot, Shawnee Magisterial District Commissioner Robert A. Morris, Shawnee Magisterial District Commissioner Jane Anderson, Real Estate Robert Rhodes, 1107 Cedar Creek Grade, Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • Gg CO �.. F I L 0PY f�l TO: Finance Department 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: April 14, 2006 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for a Conditional Use Permit #02-06 for Joseph Snapp and Robert Rhodes. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: West Oak Farms 229 West Oaks Lane Winchester, VA 22602 RSA/pd 6:�JL 4II8106 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 Q) N ECEIVED FROM �? ADDRESS a� (p N FOR N B Q IJ ' AMT.OF ACCOUNT I CASH tr ICAMT. PAID CHECK •� U BALANCE f (U DUE. I D9[ r� ESCROW ACCT-519 Request for zoning conformance letter 0461 )0.00 100.00 Ticket #:00005310001 T A X R E C E I P T Date 3/14/2006 FREDERICK COUNTY Register: BHH/CJ C. WILLIAM ORNDOFF, JR Trans. #: 19897 P.O. BOX 225 Dept # 1095 WINCHESTER VA 22604-0225 Acct# - Previous SIGN DEPOSITS PLANNING Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ 00 Interest $ .00 Amount Paid $ 50.00 dC *Balance Due $ .00 Cash 25.00 Pd by PLANNING Check 6635.00 #.VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2006 0 • CONDITIONAL USE PERMIT #02-06 JOSEPH SNAPP AND ROBERT RHODES Staff Report for the Board of Supervisors Prepared: April 6, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/05/06 Recommended Approval Board of Supervisors: 04/12/06 Pendingov,� LOCATION: This subject property is located at 1107 Cedar Creek Grade (Route 622). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-A-2-F PROPERTY ZONING & PRESENT' USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential and Church East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE: Off -Premise Wayside Market with Ice Cream Stand REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 622, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the States' right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. CUP #02-06, Joseph Snapp and Robert Rhodes April 6, 2006 Page 2 Fire Marshal: Plan approval recommended. Inspections Department: No comment or building permit required for the structures provided they comply with Section 102.3 Exemptions (7.) VUSBC Farm Building and Structures, and is not licensed as a restaurant by the Virginia Department of Health. Sanitation Authority: We do not serve this area. Winchester -Frederick County Health Dept.: The Health Department has no objection to the proposal. Winchester Regional Airport: Since the CUP does not appear to have any impact on the operations of the Winchester Regional Airport, there are no objections or special conditions to request for this site plan. Planning and Zoning: The Frederick County Zoning Ordinance allows for off -premise wayside markets in the RA (Rural Areas) Zoning District, with an approved Conditional Use Permit (CUP). While the proposed use intends to sell agricultural and horticultural produce from local farms, the actual market is not located on a farm; therefore, this off -premise wayside market CUP is required. Upon issuance of the CUP, the applicant intends to sell farm produce and operate a frozen custard stand. This proposed use would take place on a 5.00 acre parcel with a single-family dwelling located to the rear of the property. The wayside market will operate in an existing one-story 1,800 sq. ft building located along the frontage of Cedar Creek Grade (Rt.622). An ice cream stand will also be associated with this use, and located adjacent to the 1,800 sq. ft. building. This proposed wayside stand will sell a wide variety of agricultural and horticultural items and merchandise. There will be outdoor display areas associated with this use, as well as a small field for planting of pick -your -own crops. These areas are noted on the sketch in your agenda. This property is located outside the Sewer Water Service Area (SWSA) and Urban Development Area (UDA), as noted in the 2003 Comprehensive Policy Plan of Frederick County. It is important to note, though, that the site is located east of Route 37, adjacent to an area that has recently been included in the UDA. As such, it may be appropriate to apply standards to the CUP that reflect the vision for the Cedar Creek Grade corridor as it exits the City of Winchester. Frederick County, through the CUP application, traditionally has regulated the uses and signs on properties located along highways in its rural areas. Furthermore, a higher standard of development and conditions with this application should be implemented along this corridor. This should include the following: 0 0 CUP #02-06, Joseph Snapp and Robert Rhodes April 6, 2006 Page 3 • Maximum freestanding sign height of six feet • Maximum freestanding sign of 25 square feet • Prohibition of internally illuminated signs • Prohibition of the placement of any dumpsters/ enclosures within the 60-ft front yard setback. These standards would be in keeping with other land use applications and may apply to any future applications along this corridor. STAFF CONCLUSIONS FOR THE 04/05/06 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: All review agency comments shall be complied with at all times. 2. The site shall be allowed to have one freestanding sign. Maximum height of freestanding sign shall be six (6) feet. Maximum size of a freestanding sign shall be twenty-five (25) square feet. 3. No internally illuminated signs shall be allowed outside of the building. 4. Maximum size of a building -mounted sign shall be ten (10) square feet. 5. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 60 feet from Cedar Creek Grade. 6. A minimum of nine (9) lined parking spaces with wheel stops, and a minimum of double prime and sealed, shall be installed prior to the operation of the off -premise Wayside Market. 8. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/05/06 MEETING: Commission members discussed the size and height of the proposed sign. Staff noted that the size recommendations provided were in keeping with existing business signs in the corridor at the entrance to the City of Winchester. Some Commission members had observed, during a site visit, that the property sits down low behind a dirt bank; they commented that a six-foot sign would probably just come to road level and would not provide much visibility. Commission members also spoke with the staff about what specific agencies would be responsible for inspecting the ice cream stand and restroom facilities; staff noted that the applicant had met all of the agency requirements. 0 April 6, 2006 Page 4 The applicant, Mr. Joe Snapp, said he would prefer to have the sign ten feet tall because of the low area where the sign would be placed; he said the 25-square-feet in area for the sign was satisfactory. Mr. Snapp also indicated his desire at some point in the future to sell sandwiches at the site. Two adjoining property owners came forward to speak in support of this conditional use permit. They commented that the Rhodes and Snapp families have been good neighbors and encouraged the Commission to approve their request. The Planning Commission unanimously approved the Conditional Use Permit with an amendment to the conditions recommended by the staff, to allow the sign height to be extended to ten feet. 1. All review agency comments shall be complied with at all times. 2. The site shall be allowed to have one freestanding sign. Maximum height of freestanding sign shall be ten (10) feet. Maximum size of a freestanding sign shall be twenty-five (25) square feet. No internally illuminated signs shall be allowed outside of the building. 4. Maximum size of a building -mounted sign shall be ten (10) square feet. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 60 feet from Cedar Creek Grade. 6. A minimum of nine (9) lined parking spaces with wheel stops, and a minimum of double prime and seal, shall be installed prior to the operation of the off -premise Wayside Market. 7. Any expansion or change of use will require a new Conditional Use Permit. Map Fe.Nrea Q Bt (Buaine.a. HeipM1W D,tE Dniricl) ♦ MS (MeEcal l.p D�atrict) CUP # 02 - 06 Ney�,.n Q B2 (Bwinc.a. Genera) DUWcp ♦ RI IReabenWl, PlanneE CommunM Drctrict) ^/^^ ♦ M(B.--,I—V,WT—.ilbnDUMd) ♦ R5(Rea--Reoea.—Com—nDV-) Joseph Snapp &Robert Rhodes r �� Rwa�Ganwl.wa ♦ EM (E.t—, Manutacl—, Di—) O RA(Rur.l N... D—d) O ...,. M ♦ HE(Hq-EEucath—D.—) Q RP(Ra.k--P.d., .—D.t-) (63 - A - 2F ) ^� ♦ Mt (IMualri.l, lq ' Di0.i ,) �.�.+n. 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( ppo°D"try) CUP # 02 - 06 N �,,,,, O 8J (Bus F, Gen rFl DpWcR � RN (Reakantol, NanneE Dommunily DaVK1I "4 n.e^• , W(Bus F,I,d-nMT1,11wnEft—) RS(ReaiEmWlRecreatwmlGomrxmilyDnbicO EM(EJoseph Snapp &Robert Rhodes • e R w•c•nwEma xtr d— MFnufccturinp Di -t) RA(R— O Jueee M,I-) �] C HE(H*her E..., D—) O RP (ReaiEentiel PerlormFnce pntricq (63 - /) - 2r ) � All M1 (InEUMr♦I, Lpht DlctrlcO A Ors.. M2 (I�Muatri�l, G.—I D,.t-) " � 0 75 150 MG o.% A �w. MHt (M.— H— C.—." District) Feel $ BRIDGEFORT 11 A IL WILLIAM E III Z lMAW 11 A l JOVA PROPERTIES. LLC 13 51 B HENRY, RCHARD W A BONNIE G 63 51 10 BRUCE, TROY A S ELAINE L p 5 3 11 NMIRUTH J It INEZ J 03 534 SAGER, ROGER L S MAN H 11 A 1D BRIDGEFORTH, RUTH D - A IB COMMONWEALTH OF VIRGMIA bl A 1C HOLLIDAY, TARRY E SR S TERESA D 3i %wt n7 fRNODES, 0 BI A IF ROBERTM F3 51 1 RITCHIE, REA E S HELEN J " 51 1 MINE. JAMES W S ELVABETH N. 11 51 B MCLAURIN, WILLIE 1R " A SE BLUE RIDGE GRACE BRETHERN B3 A 1 GREYSTONE PROPERTIES, LLC 0 92 14A GREYSTONE DEVELOPERS, INC 8 A 11 C A W PROPERTIES AIMG S I 0 GORDONL gE�nE'ERR X ERR IS bJ FI 1D GRIM, CAR LRSR STURSI M EL JAMES b1 g113 µrhfR(rf�(� f.Jl WALLS, NM B S MAAETTA CATHER IEFFLER LISAL ' ) W BJ q 1AM B g MV ' WALLS NIARIE.ITA C MIN, Faaeim B1 (Buainean, Nei hbarhood Diabict H w.. Q S 7 • MS RAetlical SUDDOH Dnb1c0 CUP # 02 - 06 N ca„w Q B2 Ieuainean. General DnvicC • RA (Rcabentul, Planned CommunNy DnlrrcU ^�D�^ • 83(Bu--,In—t-Tra--D.—) • Dla R5(Reaidential Recr.—I CDmI D.—) EM(EatJoseph Snapp &Robert Rhodes IV ae�wxaw • ract-Manufac -g District) Q NA Rural Areas tdCU �l waaro• RaM GanMtia • HE(HgheiEBU11I On1rcU O RP(ReaxfenfulPerformanceDntric) (63 - A - 2F ) ^, • M1 (IMuatrial, lghl Diab Kt) Oa"`n' awr rnw O— „U. MI (Industrial General DMUic0 t-ilN: D 75 150 300 Ian • MHI (MO 1, Nome C.—Ily DIM-) set � �� � tea_ �� � _ • TO:`BARB���,�y p ARA-DATA PROCESSING FROM:BEV - PI nning Dept. A J �� a� Please print ` sets of labels by THANKS! 8. The type of use proposed is (consult with the Planning Dept. before completing) '�A lL/H NI�C�'T -�- •��� C2�aM STF1N D 9. It is proposed that the following buildings will be constructed: No OTI� % i D 1.� (o S -7_0 r 6- C 0 r%,S Y2 U C T 8 0 E u C PT r b 2 (-1 OBI N G, SC.Cr C(2csA rK T2� I L �►2 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 711 .!9 2 ; ice , -- / 2. - o'"- , .DDRESS l n.�25 C,;-O M L'�cfCA� C91,1VI,ILe PROPERTY ID# l L P a- OC E ZZ(,C L NAME V14. i VIA o • 1, � ci PROPERTY ID#�p� — 0 — 9 NAME Zlk� I&a% &(0 PROPERTY ID# L03 - f� - NAME i PROPERTY ID# lQ �j p2 NAMEIN ��- n PROPERTY ID# 'W 2)-�5 NAME fl PROPERTY ID# NAME PROPERTY ID# ADDRESS �� f ��p�r C���?� (�L zz6v,;� i bLiA ADDRESS 2z6o Z- ADDRESS I I lY) �• C-a �� W� ADDRESS / y f (°I.Aa, Q , Z ZoU L ADDRESS f 0 �`/ Le J VA- ADDRESS NAME ADDRESS PROPERTY ID# 14 W S DEPT. OF GEOGRAPHIC INF0-1ATION SYSTEMS FREDERICK COUNTY, VIRGINU E df ,1 GIS, MAPPING, GRAPHICS WaRKREQUEST DATE RECEIVED: � s O REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company:_ 1y[a;l;ng and/or Billing Address: Telephone: E-mail Address: FAX: ESTDv ATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional 30 DIGITAL: SIDES: COLOR PAPER: FAX: BLACK/WHITE: . NUN BER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: HOURS REQUEED: AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: CHECK NO.# rETHOD OF PAYMENT: Frederick County GIS, 107 North Kent Street, W)nchester, VA 22601, (540)665-5651) 40 so Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICR COUNTY, VIRGINIA 1. Applicant (The applicant if the NAME: osCP� � ,Si��PP owner other) ADDRESS: Ks (6N-y-, wl'J22 02 TELEPHONE 5-qO 2. Please list all the property: RdaeA-'r W%m owners, occupants, or parties in interest of LV� e'rre �Ij o De s 'Jo'sc,-, Say PP 3. The property is located at: (please give exact directions and include the route number of your road or street) 1 10 1 cC DA P- c(LCLr-14- G2n o V2 M WG&-r ati U04-a- C2etIL CD2AAc- OL'-�-TS►De- C'31JCHeSTe2- C'T`; � r. I-T S U1041 '-t-(30nt1DS 4. 5. V. 7. The property has a road frontage of 7 6"T ��- feet and a depth of f K.11 LJfeet and consists of ���,r..� acres. (Please be exact))( The property is owned by a0l3 2'i 1(LY"6rT6 1010DLS as evidenced by deed from 'Do A3 gj- recorded (previous wner) in deed book no. t on page -(� , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. Tax(Parcel)Identification Magisterial District Current Zoning ,Q (I.D.)No. ��.�-/9 `'�-/' Adjoining Property: USE North - er-} East cl,. South West �L 00 8. The type of use proposed is (consult with the Planning Dept. before completing) IA 2N\ STH N D 9. It is proposed that the following buildings will be constructed: No orii&- -rO 06- COr-%.ST(UACTLy-() EV rb2 AOJ�1+�G SCE C(1csANl -TEA I Lc2 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 PROPERTY ID# 0 NAME kt, i 4' Un . „�„��� ; �� ADDRESS PROPERTY ID#�P�'- - -�- NAME rn ��,� �'�.� ��tnfL�Q�n ADDRESS PROPERTY ID# lYJ NAME JJ,G, ADDRESS PROPERTY ID# a �` NAME M,q„ 1'l�vL� rA 1�,�c,�,�,e_ ADDRESS PROPERTY ID# W 3 -�-) NAME ADDRESS PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS l (:);21;- Cbe�n C�z�►� ��(� zz&o z j I I �;- CL'-o"t� Cvtee'L zz6v,;?, b l.A C 2Z6o Z. i 1 .1 l Z ZOUZ 0• 00 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. PEI-rztL 16Z D1SPCA`I' J�/ icc C.2 QA 1T12 Pc.'Ar V �o2c7l.c�J 30� �JSP[AW PAr2KIrjl, , N� AV -en too A4V-�--A OPQN rI GLD Foe PC.ON1_1A)G VC6CT.19131 CS O-PICK 13C2eICs f1N>7 PRopuc'c `1-14I F'FA G6 UCATjOtj 4L A2 c,q RHOnO HoW� C14bv?CH � PRoP�2T`r 5s2 q S 'TO BACK PR pmrm Liti Lf w ti ti O O O� W 37- 790 ft. DISTANCE TO CHURCHHILL DRIVE___,__Yu i00 ft. DISTANCE TO RTE. - 1' 050 ft. SIGHT DISTANCE= 1 800 ft- SIGHT O IC OE HILL DE (Variable R—O—W) TO CURVE CREEK GRA EST 8.�_ -� 1?0I�T_E 6,2,2___y----r---�- C�-1 _ VDOT o 4" Wide Strip'sng `• o ENTRANCE y � 0 ;TONE' (L 1 r.i.TURNING LANE — _ L 7 --25' R 25 125.00' w - - PAVEMENT` BUSINESSbKm- S / .. NON-ILLU! INSTALL CG-12 HANDICAP / • . . .0-. 25sf. IN A RAMPS AT THE SITE ENTRANCE,AS DIRECTED / Eft. IN HIE BY�THE VDOT INSPECTOR. LIGHT 40'R / PAVEMENT 50' R 2.3. 41. �S en�ce Jvs�- ,Eas 7` a 5'R ti f- w4S �Se n f a IVA� 54Q�p // �o�Q" 5'R �S 20 N •• I r1r) 622 v� yo 0 Q ,�; :� G a�6�• PR O, o r 43' �• L ALLEN E_B"ERTT 1.44 /�. (LICENSE) No. 1498 ADDDO%/Cf1 I WINCHESTER - FREDERICK COUNTY HEALTH DEPARTMENT v' $AM�r»dJAN FAMILY VARIANCE -LOT 2 FREDERICK COUNTY PLANNING DEPARTMENT i C APTER 18, RTI lE ECTION 1-2-33.1.2 - *I* 00 12. Additional comments, if any: MWmOS m2� a AA.J xId."tj(* M/g e «r CJ '7'141S Poeo,06p,ry' Fb2 774E Pry✓'r ✓'L ��l�2f� W6 jjI)VLf eKPAtj0C,0 0,1, olcl-I i S to Mi CLY5 A2rH(!�2 otkT C�OA2 CeeLje 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 UFda�/Y'+ II.��Mn lJ'C��'vi7S�I�-1,SG���v Owners) Mailing Address //0 7 (�gtrF- ty- (L )� � �� . 22�UZ Owners' Telephone No.'C/Q 72. 63Z, TO BE COMPLETED BY ZONING. ADMINISTRATOR: USE CODE: RENEWAL DATE: • CONDITIONAL USE PERMIT #02-06 JOSEPH SNAPP AND ROBERT RHODES Staff Report for the Planning Commission Prepared: March 20, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/05/06 Pending Board of Supervisors: 04/12/06 Pending LOCATION: This subject property is located at 1107 Cedar Creek Grade (Route 622). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-A-2-F PROPERTY ZONING & PRESENT' USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential and Church East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE: Off -Premise Wayside Market with Ice Cream Stand REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 622, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the States' right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. CUP #02-06, Joseph Snapp and Robert Rhodes March 20, 2006 Page 2 Fire Marshal: Plan approval recommended. Inspections Department: No comment or building permit required for the structures provided they comply with Section 102.3 Exemptions (7.) VUSBC Farm Building and Structures, and is not licensed as a restaurant by the Virginia Department of Health. Sanitation Authority: We do not serve this area. Winchester -Frederick County Health Dept.: The Health Department has no objection to the proposal. Winchester Regional Airport: Since the CUP does not appear to have any impact on the operations of the Winchester Regional Airport, there are no objections or special conditions to request for this site plan. Planning and Zoning: The Frederick County Zoning Ordinance allows for off -premise wayside markets in the RA (Rural Areas) Zoning District, with an approved Conditional Use Permit (CUP). While the proposed use intends to sell agricultural and horticultural produce from local farms, the actual market is not located on a farm; therefore, this off -premise wayside market CUP is required. Upon issuance of the CUP, the applicant intends to sell farm produce and operate a frozen custard stand. This proposed use would take place on a 5.00 acre parcel with a single-family dwelling located to the rear of the property. The wayside market will operate in an existing one-story 1,800 sq. ft building located along the frontage of Cedar Creek Grade (Rt.622). An ice cream stand will also be associated with this use, and located adjacent to the 1,800 sq. ft. building. This proposed wayside stand will sell a wide variety of agricultural and horticultural items and merchandise. There will be outdoor display areas associated with this use, as well as a small field for planting of pick -your -own crops. These areas are noted on the sketch in your agenda. This property is located outside the Sewer Water Service Area (SWSA) and Urban Development Area (UDA), as noted in the 2003 Comprehensive Policy Plan of Frederick County. It is important to note, though, that the site is located east of Route 37, adjacent to an area that has recently been included in the UDA. As such, it may be appropriate to apply standards to the CUP that reflect the vision for the Cedar Creek Grade corridor as it exits the City of Winchester. Frederick County, through the CUP application, traditionally has regulated the uses and signs on properties located along highways in its rural areas. Furthermore, a higher standard of development and conditions with this application should be implemented along this corridor. This should include the following: CUP #02-06, Joseph Snapp and Robert Rhodes March 20, 2006 Page 3 • Maximum freestanding sign height of six feet • Maximum freestanding sign of 25 square feet • Prohibition of internally illuminated signs • Prohibition of the placement of any dumpsters/ enclosures within the 60-ft front yard setback. These standards would be in keeping with other land use applications and may apply to any future applications along this corridor. STAFF CONCLUSIONS FOR THE 04/05/06 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: All review agency comments shall be complied with at all times. 2. The site shall be allowed to have one freestanding sign. Maximum height of freestanding sign shall be six (6) feet. Maximum size of a freestanding sign shall be twenty-five (25) square feet. 3. No internally illuminated signs shall be allowed outside of the building. 4. Maximum size of a building -mounted sign shall be ten (10) square feet. 5. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of 60 feet from Cedar Creek Grade. 6. A minimum of nine (9) lined parking spaces with wheel stops, and a minimum of double prime and sealed, shall be installed prior to the operation of the off -premise Wayside Market. 8. Any expansion or change of use will require a new Conditional Use Permit. Following the requisite public Bearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Control number CUP06-0002 Project Name Farm Market Address 229 West Oaks Lane Type Application Conditional Use Permit Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Siamese Location 00 Date received Date reviewed Date Revised 2/7/2006 3/3/2006 Applicant Joseph Snapp City State Zip Applicant Phone Winchester VA 22602 540-662-9690 Tax ID Number Fire District Rescue District 63-A-2-F 15 15 Emergency Vehicle Access Comments Access Comments Additional Comments Plan approved as submitted. Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Roadway/Aisleway Width Election District Shawnee Residential Sprinkler System No Fire Lane Required No Special Hazards No Plan Approval Recommended Reviewed By Signature Yes Jeffrey S. Neal _ Title FIRE MARSHALS FKLUER ;A COU REQUEST FOR CONDITIONAL USE PERMIT COMMENTS ,. Frederick County Fire Marshal ATTN: Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: �OSC, 14 D.SNP�� 5'40/��2 ���o -5 3o3-3d'Z9 2-2.°+ b-ICST QAk3 1114C �c.��ejC14e S`TEYR ��N '2Cn0C Name of development and/or description of the request: �—A2rv1 N1��K Location: no-7 CE= one Ca�-K Gg-no c W itic" el-Tt-rz YA - 2-2CQ Z Fire Marshal Comments: Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLE NOTICE TO APPLICANT S FORM 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 any other pertinent information. Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5650 ECE, "rre VED 1-tf 0 6 ?oog 8 & NTj C w The Frederick County Inspections Department is located at 107 North Kent Street, 2nd floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: N C-fL I�sceg . jl'JAPP Silt) 602 -q(,g0 590 0.3-Mq _ 22A WC -Sr C)A le S J (� (j o r3CNE&I-M VrA , 2.2&0 2— Name of development and/or description of the request: t=�(zM M A 21« r Location: i 0 -7 C1r ,we C2 &,n-© E UNCC14f►tR rA . 22k,02- Inspections Department Comment: uIs&6 Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT*PL 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 two (2) copies of your application form, location map and all other pertinent information. N 00 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number: P _� C•# 29 LQuJ(J+f3-rWz i% , 22(,02_ Name of development, and/or description of the request: Location: 107 C(MP- CRL504 6:(�aoe�- Sanitation Authority Comments: Sanitation Authority Signature & Date: 6 (NOTICE TO SANITATION ORITY * RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility `to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy 1.of your application form, location map and all other pertinent information. N r 00 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 b)b J16106 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: i i C;# 540,1642-94090 E4u 0 303- 382oi Name of development and/or description of the request: Location: 1107 CCS 04z Health Department omments: %�.e ,ea 1544 Signature and Date: 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. so REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. Applicant's name, address and phone number: C� 5 e 0 ' ► . 5*Nr-t--,0r .5 9 a &(, Z - (" 9 0, 5-4 c) Ijca Name of development and/or description of the request: -2 ui MA 2:ie -" Location: FrA Zz (2�� 10-A Winchester Regional Airports Comments: Airport Signature and Date. - (NOTICE TO AIRPORT. * PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, proffer statement, impact analysis, and all other pertinent information. REGION >Z y� 7 SERVING THE TOP OF VIRGINIA / 7-1 0• WINCHESTER REGIONAL AIRPORT February 15, 2006 Joseph D. Snapp 229 West Oaks Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Conditional Use Permit Comments Farm Market Giiaw ice Magisterial District Dear Mr. Snapp: Since the Conditional Use Permit does not appear to have any impact on the operations of the Winchester Regional Airport, there are no objections or special conditions to request for this site plan. Thank you for the opportunity to review these plans to ensure the continued safe and efficient operation of the Winchester Regional Airport. Should you have any questions, please do not hesitate to contact this offices Sincerely, Serena R. Manuel Executive Director N REQUEST FOR CONDITIONAL USE PERMIT COMMENTS CITY OF WINCHESTER Attn: Planning Director 15 North Cameron St. Winchester, Virginia 22601 (540) 667-1815 The City of Winchester Planning Dept. is located in Rouss City Hall at 15 North Cameron St. in Winchester, if you prefer to hand deliver this form. Applicant's name, address and phone number: 0 O " b -3829 Name -of development, and/or description - :of the:'request:-:. 1 Location: 11.C5-7 rc c 1, A ()e City of Winchester Comments: Director Signature and Date: (NOTICE TO DIRECTOR * PLEASE RETURN THIS FORM TO THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your application form, location map, proffer statement, impact analysis, and all other pertinent information. WHILE YOU WERE OUT TO: DATE: 1?7106 TIME: (�,s FROM:�R- OF: PHONE: ( ) TELEPHONED ( ) RETURNED YOUR CALL ( ) PLEASE CALL ( ) CALLED TO SEE YOU ()URGENT ( ) WILL CALL AGAIN MESSAGE: r o o BY• CARROLL CONSTRUC, JOB NAME Employee - Phase Kevin Graham Ray Evans Sonny Kuser Dennis Venable Kirk Meade LAW AND REGULATIONS SECTION LEARNING OBJECTIVES 1. To become familiar with essential terminology in the Virginia Erosion & Sediment Control Law. 2. To understand the land -disturbing activities that are regulated by the Virginia Erosion & Sediment Control Law. 3. To understand the regulatory authority for land -disturbing activities on private, state, and federal lands under the Virginia Erosion & Sediment Control Law 4. To learn the 19 Minimum Standards for erosion and sediment control mandated by the Virginia Erosion & Sediment Control Regulations. INSTRUCTIONAL ELEMENTS DEFINITIONS Below are the definitions of several terms that are essential to understanding the Virginia Erosion & Sediment Control Law (Law) and Erosion and Sediment Control (ESC) Program implementation. Land -Disturbing Activity means "any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating,'and transporting, and filling of land." The Law is intended to regulate land -disturbing activities exceeding 10,000 square feet in area; however, the thirteen activities briefly listed below are specifically exempt from the definition: 1. Minor land -disturbing activities and individual home landscaping, repairs, and maintenance work; -�' 2. Individual service connections; 3. Installation, maintenance, or repair of any underground public utility lines when such activity is confined to an existing hard surfaced road, street, or sidewalk; 4. Septic tank lines or drainage fields unless included in an overall plan for land -disturbing activity relating to construction of the building to be served by the septic tank system; 5. Surface or deep mining; 6. Exploration or drilling for oil and gas including the well site, roads, feeder lines and off -site disposal areas; 7. Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including a specific list of engineering operations; S. Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures, and facilities of a railroad company; 9.. Agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply \vith the provisions of the Dam Safety Act, ditches, strip cropping, lister furrowing, contour cultivating, contour fiarrowing, land drainage, and land irrigation; 10. Distu bed.land areas of less than 10,000 square feet in size; however, the governing body of the local program authority may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shalt apply; 11. Installation of fence, sigh, teleplime, ciectric, or other kinds of post or poles; Applicant Packet 2 ,Tune 2001 Dc- ((c> r&—r wN 1. • Ll tl� �o , Cw ti 0 0 w DISTAN 0 RTE. 37 90 It lD STANCE To CHDRCHHIUL DRIVE= 2 00 ft. 1 050 ft. SIGHT DISTANCE= 1 800 ft. SIGHT DISTANCE= o 5T OF HILL CREEK Gj?A, D, E RO UTE ,TON ZT N O JLDER (Variable R—U—�) TO CURVE TO- CRE _. - 45 ;M.P.H. - — - CG-1 1 — ! VOOT o c ENTRANCE I2 .TURNING LANE_ — ,� yam_,. -•�- ASH 7� � �t. r. ��' r: . - ._ INSTALL CG-12 HANDICAP RAMPS AT THE SITE ENT_ RANCE , AS -DIRECTED BY THE VDOT INSPECTOR. Is zog-- 6-5 • 4" Vide Strip rig 20 O ✓r O- 25 �.'. - .HEAVY . -PAVEMENT 03 00 35' R LIGHT 40'R PAVEMENT 50' R a� �pQ ON 00 - 5'R `V_ 5'R /S •00. BUSINESS S NON-ILLUI' 25sf. IN A 6ft. Ix* E 2.3 ;- oil r^22 �.J O h N •2 0R?44 odU 2 m M co co 4Zi ° - o N � � 2 V V/ r HEALTH DEPARTMENT SAN�rwR�A►1 FAMILY VARIANCE -LOT 2 FREDERICK COUNTY PLANNING DEPARTMENT PTER 18,'ARTI�LE JECTION 1-2-35.1.2 1, COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING March 29, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #02-06 FOR JOSEPH SNAPP AND ROBERT RHODES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 12, 2006, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #02-06 of Joseph Snapp and Robert Rhodes for a Wayside Market. This property is located at 1107 Cedar Creek Grade (Route 622), and is identified with Property Identification Number 63-A-2-F in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 10.7 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 912- %(, from the Department of Planning and Development, Frederick County, Virginia: 63 -A- - 2-F pu1NEP RHODES, ROBERT M 1107 CEDAR CREEK GRADE WINCHESTER, VA 22602-2359 Joseph D. Snapp 229 West Oaks Lane Winchester, VA 22602 63 - A- - 2-E BLUE RIDGE GRACE BRETHERN 1025 CEDAR CREEK GRADE WINCHESTER, VA 22602.2335 63 - A- - 2-1 BEITZEL, MARLIN & DAWN 1115CEDAR CREEK GRADE WINCHESTER, VA 22602-2359 63 - A- - 2-D BRIDGEFORTH, RUTH D 1064 CEDAR CREEK GRADE WINCHESTER, VA 22602-2334 63 - A- - 21 BRIDGEFORTH, WILLIAM E III & LISA W 1100 CEDAR CREEK GRADE WINCHESTER,VA 22602-2358 63 - 5. 1- 1- RITCHIE, REX E & HELEN J 141 CLAYHILL DR WINCHESTER, VA 22602-2310 63 - A- - 2-13 COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON, VA 24402-2249 R. Cheran, Zoning & Subdivision Administrator prick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, —4, a Notary Public in and for the State and County aforesaid, dojiereby certify that MA R. Cheran, Zoning & Subdivision Administrator for the De a amen of Planning and Development, whose name is signed to the foregoing, dated OG , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of /7*4,�I— o My commission expires on 0 'Aie I�� j /� / I/A a-P --#-- as-06 sNw -�- Roa6C7- A(0�5z:y A[ TO BARBARA-DATA PROCESSING FROM:BEV - PI nning Dept. Please print sets of labels by THANKS! 8. The type of use proposed is (consult with the Planning Dept. before completing) 'F- a.M MA42jC(---T -- •�C,16 C2Cf r}N1 STAND 9. It is proposed that the following buildings will be constructed: No o'rlii- 13tIi L-D I,0(oS -rO 66 Cor%.S WUCT8 0 EYC p— rat �OJ71n7� ZC-O 0C2LVAM rtRJ1 I LC2 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 �Is.� ce,�/t�Y�., C�L,,�-4,ADDRESS C7 S Cbt�riyL �'le�t� z PROPERTY ID# NAME rVj,/L. ���'� • ,Iy)„�,�,,� 1.�. ADDRESS I I ��P 1 ✓l�E?k� (�L� PROPERTY ID#���?j_ Q( M (� 1 bl94 NAME ADDRESS -( 17 v°ryl CiI G �J� �✓ PROPERTY ID# lY J 1'� �� 2 zC� d 2 NAME ADDRESS ( I (Y) r-�.4.lt C-L c c w�t� PROPERTY ID# lQA of 1— NAME ADDRESS / Q PROPERTY ID# W 3 —� — Z .60 z- NAME 2a 07— ADDRESS !Val �br- PROPERTY ID# e �✓off Gn NAME � ---' ,D RD ESS PROPERTY ID# NAME PROPERTY ID# '/36 � o- e— '11-� 4W� ADDRESS f0�� �IL-AJ-1 0/0, V,+ �� COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 22, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #02-06 FOR JOSEPH SNAPP AND 13� : : 7a�llt7 On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, April 5, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #02-06 of Joseph Snapp and Robert Rhodes for a Wayside Market. This property is located at 1107 Cedar Creek Grade (Route 622), and is identified with Property Identification Number 63-A-2-F in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, "Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 1i This is //to ertify that the attached correspondence was mailed to the following on 3 /�7s ©� from the Department of Planning and Development, Frederick County, Virginia:— -- - ----- -- — - - _ - — - 63 5 1 1 63 A 2 F RHODES, ROBERT M ' Lo o RITCHIE, REX E& HELEN J 1107 CEDAR CREEK GRADE 141 CLAYHILL DR WINCHESTER, VA 22602-2359 i WINCHESTER, VA 22602-2310 1 63 - A- • 2-B - Joseph D. Snapp= COMMONWEALTH OFVIRGINIA 229 West Oaks Lane I PO BOX 2249 Winchester, VA 22602 STAUNTON, VA 24402-2249 63 A- - 2•E BLUE RIDGE GRACE BRETHERN 1025 CEDAR CREEK GRADE WINCHESTER, VA 22602.2335 - 63 - A- - 2.1 j BEITZEL, MARLIN & DAWN 1115 CEDAR CREEK GRADE WINCHESTER, VA 22602-2359 63 A• - 2-1) BRIDGEFORTH, RUTH D 1064 CEDAR CREEK GRADE WINCHESTER, VA 22602.2334 63 - A• • 2-L r� f BRIDGEFORTH, WILLIAM E III & LISA W 1100 CEDAR CREEK GRADE it c R. Cheran, Zoning & Subdivision Admmrs rator WINCHESTER, VA 22602-2358 ,derick County Planning Department STATE OF V1RG1N1A - COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, d ereby certify that rk R. Cheran, Zoning & Subdivision Administrator for the Depa met of Planning and Development, whose name is signed to the foregoing, dated Z-� © 6 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this % day of p26(_WUAe-4 My commission expires on --PO NOTARY BLIC