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HomeMy WebLinkAbout03-08 John Venskoske Cottage Occupation - Black Powder - BackfileDate: NOTES File opened Reference Manual updated/number assigned D-base updated God efle location map requested from Mapping Dept. 4-4 lS i Tv ^i(?P— Four sets of labels requested from Data Processing $ le given to Renee' to update Application Action Summary CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's 0� File stamped "approved", "denied" or "withdrawn" q 0� Reference Manual updated 0�i D-base updated OB File given to Renee' for final update to Application Action Summary P� 7 o� bSr U:xCvdTommw\Tnrckinz sheaACUP.TRK Revised IVIWM f�3-7 m 0 Cc 0 IT t DATE , _ RECEIVED FROM ADDRESS NO. !.. ` o. DOLLARS $ ❑FOR RENT ❑ FOR AMT OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER BY H. Edmunds Coleman, III BRYAN & COLEMAN, P.L.C. Attorneys at Law The Feltner Building, 3`a Floor 9 Court Square Winchester, VA 22601 March 20, 2009 Mr. Dana Johnston Frederick County Planning & Development 107 North Kent Street Winchester, VA 22601 Dear Dana: MAR 2 0 2009 3 Tel: (540) 545-4172 Fax: (540) 545-4173 edscoleman@verizon.net HAND DELIVERED In accordance with our recent telephone conversations, attached is the original executed Frederick County Public Records Request Form under which we request copies of various documents relative to the issuance/denial of any Conditional Use Permits for property owned by North -South Skirmish Association and/or John E. Venskoske. If you have any comments or questions, please do not hesitate to contact me or my paralegal, Sue Stallard. Thank you for your assistance in this matter. Sincerely, H Edmunds Coleman, III HECIII/ss Enclosure PUBLIC RECORDS SOUGHT imen a ions; a p-ervi��x pub�ic-irearirrg-minute�,�vc �.�:nnn�.einr:���J.Yap[�i�iTii��!iisTiiK�:��ni.,...:..:. _ e_• . � IMMIRRIM • R, IM91" h. any and all other records pertaining to any Conditional Use Permits applied for and/or denied for operation of campground, tourist camp, recreation area, resort and/or firing range, and/or for any other purposes on all or any portion of the following land owned by North —South Skirmish Association described as follows: Tax Map 29-A-39 29.75 acres Tax Map 20-A-21 2.11 acres Tax Map 20-A-22D 84.83 acres Tax Map 20-A-28A 26.87 acres Tax Map 30-A-1 251.44 acres Tax Map 19-4-1 32.25 acres 2. All records pertaining to all applications for Conditional Use Permits, specifically including: a. all advertisements for public hearings; b. all staff review reports; C. all Planning Commission public hearing minutes and Planning Commission recommendations; d. all Board of Supervisor public hearing minutes; e. all Conditional Use Permits granted (including conditions); f. all Conditional Use Permit denials; g. all records of inspections; and h. any and all other records pertaining to any Conditional Use Permits applied for and/or denied for operation of campground, tourist camp, recreation area, resort and/or firing range, and/or for any other purposes on all or any portion of the land owned by John E. Venskoske described as Tax Map 30-A-57 containing 173.23 acres, particularly that 9.6 acre parcel shown on the attached sketch. ti- 0 N 8�c80:;;.393 i 1 � f f •'r NEry ?ua�atl.S e� 'n r lice 16 ul OAirso rJ �W.apt�J% C N Y9. Z " �2 2° l Z3� ^ S14 o0- � Yl -- � S Nes. 'aE�w VENsrastic6 Exnr FEt4c6 UMe FREDERICK COUNTY PUBLIC RECORDS REQUEST FORM Bryan & Coleman, P.L.C., and/or its agent, H. Edmunds Coleman, III, and/or its employees, REQUESTOR'S NAME: Lynne Thomas, Kara Edmonson and Sue Stallard The Feltner Building, 3rd Floor ADDRESS: 9 Court Square Winchester, VA 22601 PHONE NUMBER: 545-4172 PUBLIC RECORD(S) SOUGHT AND AMOUNT NEEDED (SEE BREAKDOWN ON PAGE 3 OF FOIA REQUEST FORM): See Attachment. nq 2 Q 2009 Please note the applicable FO/A procedures The Virginia Freedom of Information Act (Virginia Code Section 2.2-3700, et. seq.) provides for inspection and copying of the official public records of the County of Frederick by citizens of the Commonwealth and media representatives. The procedures for inspecting or obtaining copies of County of Frederick public record(s) are as follows: 1) A request must be submitted to the County of Frederick identifying the public record(s) sought with reasonable specificity. 2) The County of Frederick will act diligently to locate and produce requested public records. However, the Freedom of Information Act allows five (5) work days to respond, and citizens should not expect the county's response to be instantaneous. If an extraordinary volume of records is requested, the county will advise the requestor in writing within the five (5) work day period which provides the county with an additional seven (7) work days to respond by statute. Public Records Request Form Page 2 of 3 3) The Freedom of Information Act allows the County of Frederick to assess a reasonable charge to access, search for, duplicate, and supply requested public records. There is a fee for the county's services which must be paid before the records are received. The County of Frederick will charge the hourly rate of pay for the time expended by its employees in searching for and reproducing the record. The County of Frederick will also charge for copying at the rate of $0.20 per page for letter size duplication, $0.25 per page for legal size duplication, $0,50 per page for 11 x 17 duplication, $0,40 per page to duplex letter size public records, $0.50 to duplex legal size public records, and $1.00 to duplex 11 x 17 public records. Prior to the search, the County of Frederick will estimate the cost of providing the public record(s) to the requestor. Where estimated costs exceed $200, the County of Frederick will require payment of the estimated cost by the requestor in advance. 4) The County of Frederick is not required to create or prepare a particular requested record if it does not already exist. The County of Frederick is not required to abstract or summarize information from official records, or to convert a record from one form to another. Only existing public records are subject to the Freedom of Information Act. Not all public records of the County of Frederick are obtainable under the Freedom of Information Act/ Examples of exempt public records include, but are not limited to, police investigation records, personnel records, closed session memoranda, tax returns, opinions of the county attorney, litigation records, customer utility records (including the customer's name and service address, but excluding the amount and costs of service), appraisal and cost estimates, and trade secret information. If it is determined that all or part of requested public records are exempt under the Freedom of Information Act, the county will respond with a written explanation. BRYAN & COLEMAN, P.L.C. SIGNATURE OF REQUESTOR: By H. Edmunds Coleman, III DATE OF REQUEST: March. 20, 2009 Public Records Request Form Page 3 of 3 Itemization Cost of FOIA Request Estimate of Cost: Cost: Hourly Rate Number of Hours / Item Subtotal / Item Administrative Time $ �c, /Hours $ p Copies -Letter (duplexed count each side as 1 page) .20 / Page /Pages $ / U Copies — Legal (duplexed count each side as 1 page) .25 / Page /Pages $ Col pc GGpi s 11x!4 d plexed count e) .50 / Page 3 /Pages $ S G Tapes — regular recording (no charge if tape is replaced by requestor) $1.70 / Each /Tapes $ Video Tapes $ $ (Inv for Copying) $2.00 / Each /Tapes $ Cost of Tape Miscellaneous $ /Each $ TOTAL COST OF FOIA REQUEST COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 March 27, 2009 H. Edmonds Coleman, III Bryan & Coleman P.L.C. 9 Court Square Winchester, Virginia 22601 Re: FOIA request for North -South Skirmish Association and John E. Venskoske Dear Edmonds: A FOIA request was submitted to the Planning Department on March 20, 2009, requesting copies of various documents relative to the issuance/denial of any Conditional Use Permits for property owned by North -South Skirmish Association and/or John E. Venskoske. Staff has researched our records and is enclosing copies of Conditional Use Permit #03-08 for John Venskoske — Cottage Occupation for Black Power Sales (PIN 30-A-57) which was approved by the Planning Commission on May 7, 2008 and the Board of Supervisors on May 28, 2008. Staff was unable to locate any applications for a Conditional Use Permit being applied for and/or denied for operation of a campground, tourist camp, recreation.area, resort and/or firing range, and/or for any other purposes on all or any portion of the following land owned by North -South Skirmish Association: Tax Map Nos. 29-A-39, 20-A-21, 20-A-22D, 20-A-28A, 30-A-1 and 19-4-1 The North -South Skirmish Association was established before the creation of The Frederick. County Zoning Ordinance; therefore, North -South Skirmish would be grandfathered. Do not hesitate to contact me if you have any questions or concerns 540-665-5651. Zoning Inspector DMJ/dlw Enclosures 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit . DATE: June 2, 2008 The amount of $50.00 was deposited in line item #3-010-0191.10-0008. Mr. John Venskoske had a deposit for one sign for Conditional Use Permit #03-08. Mr. Venskoske 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: . RSA/pd 6 c' 107,106 John Venskoske 863 Chestnut Grove Road Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 do 9— r NO. DATE RECEIVED FROM JJ PDRESS � V DOLLARS $ ❑FOR RENT ❑ FOR • AMT. OF CASH ACCOUNT _ CHECK MONEY l,' r AMT. PAID iT' By BALANCE ORDER DUE ra Check 140.00 # VARIOUS Dy PLANNING BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 4/2008 800V/ HZNOW SHZ MdHI ISSESZNI/).1UN3d SMIUNI SIIa 30NVgV9 SnOIUVA # 00'0�T x0ag0 SNINNVU Aq Pd 00' $ ana aOueTE91F 00'09 $ PTpd junouiV 00' $ gsazaqul 00' $ AgTPuad 00'0S $ PT2d buzag Tedzouiad 00'09 $ aOueTPg snoTAazd #-400V 960T # gdaa 00sS : # ' suu.zy ZSHM'I/HM.0 J94ST5a1d 800Z/TO/� aqua ONINNVad SIISOdSa NDIS SZZO-609ZZ VA 2121SSHONIM SZZ X02 '0'T Uf ',3300NUO WVIggIM &iUn ts 7CZN[l00 x0I2Sr orTnmVAS _ _ _ - - --._ _-- -•_j wWyy1.CO.FREDERIE DATES TO REMEMBER Jan. 31 Dog tags due for renewal Business EquipmentJLicense Mar. 1 Must be filed Business License fee due Apr. 1 First Half Taxes Due June 5 Personal Property Real Estate Sanitary District Street Light Dog tags go on sale Nov. 1 Second Half Taxes Due Dec. 5 personal Property Real Estate Sanitary District Street Light Other due dates as billed by the Commissioner of thf Revenue's Office. .CDERICK COUNTY TREASURER 107 NORTH " ORH" 00 STREET SUITE 'I Maw Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540) 66 5 I E-mail Address BOrndoff@co.frederick.va.us I-9-nffire Hours fj I COPY COUNT o FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 29, 2008 Mr. John Venskoske 863 Chestnut Grove Road Winchester, VA 22603 RE: CUP 903-08 Property Identification Number 30-A-57 Dear Mr. Venskoske: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on May 28, 2008. Conditional Use Permit #03-08 was approved for a cottage occupation —black powder sales. Further conditions associated with the approval of the Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any time on the site, except during NSSA activities. 3. All customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681) or Chalybeate Springs Road (Route 687). 4. Hours of operation for on -site customers shall be limited to 8:00 a.m. to 7:00 p.m. 5. No signage on the applicant's property shall be allowed. 6. 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, Mark R. Cheran Cf Zoning and Subdivision Administrator MRC/bad cc: Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Inspections Department 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 CONDITIONAL USE PERMIT #03-08 CO�y JOHN VENSKOSKE °w Staff Report for the Board of Supervisors ®� w B � Prepared: May 21, 2008 y\w°M Staff Contact: Mark R. Cheran, Zoning Administrator u)9 This report is prepared by the Frederick County Planning Stuff 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: 05/07/08 Recommended approval Board of Supervisors: 05/28/08 Pending LOCATION: This property is located at 863 Chestnut Grove Road (Route 681). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-57 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Vacant Land Use: Residential Land Use: Residential Land Use: Vacant PROPOSED USE: This application is for a cottage occupation — black powder sales. CUP #03-08, John Venskoske May 21, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 681, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires inspection fee and surety bond coverage. Sight distance of 610 feet will have to be acquired. At a minimum, cutting brush, small trees and the fence moved back will be required. The entrance will have to be constructed according to the Minimum Standard of Entrances Manual, using the Standard Private Subdivision Road/Street Entrance. Positive drainage needs to be maintained at all times during and after construction. An entrance pipe may be required. This can be discussed on site. Frederick County Fire Marshall: Applicant has permits will review plans at change of use. Frederick County Inspections: Retail Stores shall comply with The Virginia Uniform Statewide Building Code and use group M (Mercantile) of the International Building Code/2003. Other Code that applies is ICC/ANSI Al17.1-2003 Accessible and Usable Buildings and Facilities. Note: the requirements in IBC table 307.7(1) Allowable Quantity's of Hazardous Materials Storage. Please submit a plan at the time of change of use building application showing the areas being utilized. Permit shall be issued, inspections approved and a new certificate of occupancy issued prior to operation. Frederick -Winchester Health Department: The Health Department has reviewed your request and on account of the characteristics of the business, not having any employees other than Mr. and Mrs. Venskoske, and no public restrooms which is made known by a sign by Mr. Venskoske, the Health Department has no objections to the conditional use permit given that there is no apparent increase in water usage. Planning and Zoning: Staff would like to note that this Conditional Use Permit (CUP) has been applied for in response to a zoning violation for selling black powder to customers from this property without an approved CUP - cottage occupation. A CUP is one avenue to abate this violation. The applicant currently is permitted to sell black powder off site and has an ATF permit and Fire Marshal approval to operate this business. The applicant is requesting that he be allowed to sell black powder to customers on this site. The property is surrounded by like properties, with the nearest dwelling being more than 150 feet from this proposed use. Staff has concerns with sales of black powder during North South Skirmish Association (NSSA) activities. During these NSSA activities, the sale of black powder from this site, and the amount of traffic generated and parking, has caused problems along Chestnut Grove Road. These sales generated the complaint to the Planning Department. CUP #03-08, John Venskoske May 21, 2008 Page 3 The applicant has addressed this issue by adding an additional gravel parking area to the property to mitigate the traffic issues with this proposed use and parking along Chestnut Grove Road. The black power sales will be conducted from a fifty (50) square foot accessory building. STAFF CONCLUSIONS FOR THE 05/07/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any time on site, except during NSSA activities. All customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681) or Chalybeate Springs Road (Route 687). 4. Hours of operation for on site customers shall be limited to 8 AM to 7 PM. 5. No signage on the applicant's property shall be allowed. 6. Any expansion or change of use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/07/08 MEETING: Commissioners had numerous questions for the applicant which included how often the NSSA has events and the number of people attending theirs; if the building where sales takes place is permanently located on the applicant's property; and the number of customers expected. They also spoke with the applicant about the gravel driveway he installed and if adequate parking was available. The applicant responded that the NSSA holds 18 shoots per year with two big shoots in May and October; during the May and October events, there could possibly be 10,000 people; out of the 10,000 attendees, roughly 2,000 are shooters and the remainder is family and visitors; the sales building, Back Creek Gun Shop, is permanently located on the applicant's property; he does not sell guns, only black powder; the gravel driveway is constructed along the inside of Chestnut Road and connects with the NSSA property; event attendees could travel from the NSSA site to the applicant's shop without going out onto the main black -topped road. No one came forward to speak during the public comment portion of the public hearing. CUP #03-08, John Venskoske May 21, 2008 Page 4 The Planning Commission unanimously voted to recommend approval of the CUP with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any time on the site, except during NSSA activities. 3. All customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681) or Chalybeate Springs Road (Route 687). 4. Hours of operation for on -site customers shall be limited to 8:00 a.m. to 7:00 p.m. 5. No signage on the applicant's property shall be allowed. 6. Any expansion or change of use will require a new conditional use permit. Following the required public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. John Ve ,. nskos 6 30 A 1 NORTH SOUTH SKIRMISH K N W \ 1 az v M W x w 0 g yP ASP 4r Q- e 2 Q 30 A 4 P AP ,Y DEHAVEN CHARLES L JR 0 ry Q� QO 4 30 KAISER A 1z2 GARY W G7 ANGEeS;y _ AY 20 A 22 13AYLISS E E JR AVENSKOSKE JOHN E SR OFRq`F�c NgRo 30 A 50 WYNN ANDREA HITZ II 30 `oAMs C14R2fS n i P t P / v �o Q Y w J W x ab Q J `W � J Q w W T j ro � � C U N O fy � a _z m Q Y I Frederick County, VA Conditional Use Pennit CUP # 03 - 08 Application John Venskoke Parcel 1D: 30-A-57 Location in the County Map Features O Hamlets ® JohnVenskoske_CUP0303 0 Lakes/Ponds Streams �f Urban Development Area =; SWSA G"iit?7C?.'L O�CK , OOG Y ® Case Planner: Mark Map Document: (NAP Ian ning_And_Development\_1_Locator_Mps\2008\JohnVenskoke_CUP0308_040808.mxd) 4/7/2008 -- 1:30:08 PM Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant � if the �_ owner other) NAME: IZ 4 m L� � /v 6 kc>5 /� 4a ADDRESS: C�L�S� tt� (, t3�r� ✓ � TELEPHONE J '-1 6 " F 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) f psi 6 --V G � 1 lire 10 N 4. The property has a road frontage of 3 6 6 6 ` feet and a depth of Z6bo/ feet and consists of /�_ acres. (Please be exact) 5. The property is owned byas evidenced by deed from recorded (previous owner) in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel) Identification (I.D.) No. Magisterial District 6'2 h, Current Zoning RR 7. Adjoining Property: USE North 5 5 4 East R -es West 8. The type of use proposed is (consult with the Planning Dept. before completing) k I'd wJL0- .Sb4!�.-% 9. It is proposed -•that the following.•buildings will be constructed: 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 W,% .5 7'a) - : 5 ADDRESS J PROPERTY ID# NAME _ a� tv n. ADDRESS MV e. r PROPERTY ID# NAME JP?-yx 5 W'5A0-5 ADDRESS PROPERTY ID,# NAME _ t: r 13 ADDRESS PROPERTY ID# NAME AI-5 S q ADDRESS PROPERTY ID# NAME ADDRESS Rd PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 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. 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and.petition the governing body of Frederick County, Virginia to allow the use.described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors. or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address U 3 CIe,-t�a. too R c� e, �aee Owners' Telephone No. 33 4 cl TO BE COMPLETED BY ZONING ADMINISTRATOR: — USE -CODE-: — -- RENEWAL DATE: '. a�.. :T i�+. V ,'`i Fa ,, Z.r♦2..l l��y,��f �I( � .�f1 J`, �ij ryp1 r �•• Sys,. C�J� �•: �,y - � '� � 1 C .�1 `I jj1t1t ��t�� AA %as3{(1 ( 2?��If� ii 1 t1,j)ly -1 I� (.• 1 1t i ,•`CIF. { ,,; a��1. 1� "� J `t� {, �'y � :,1��''. +��'fl� � f - V� ,V I , ��f M"wi•1• �� `�`' �s �,1��*4+1. '..: �+ r t .fig � Ns —;•�• .fir. i`. y y.- /'�. u,t� �\4 t'�1�r �. .r .yi��vl71�'� of . h .Y •.+�r� • i � 1 fi j) t ri i 1 �• 1' MAO . s " ION, j V r�'+ 'J', � �• � i 1 + 1 � / 1 lam** ' - �+1 vim' :..� 5" "' • i�� � t <, �a 7 s 1. rr M ; 1 -- `l, Q5. . 00 Co CONDITIONAL USE PERMIT 903-08 JOHN VENSKOSKE ®� Staff Report for the Planning Commission w ® Prepared: April 10, 2007 3a, 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: 05/07/08 Pending Board of Supervisors: 05/28/08 Pending LOCATION: This property is located at 863 Chestnut Grove Road (Route 681). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-57 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Vacant Land Use: Residential Land Use: Residential Land Use: Vacant PROPOSED USE: This application is for a cottage occupation — black powder sales. CUP 403-08, John Venskoske April 10, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for.this property appears to have little measurable impact on Route 681, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires inspection fee and surety bond coverage. Sight distance of 610 feet will have to be acquired. At a minimum, cutting brush, small trees and the fence moved back will be required. The entrance will have to be constructed according to the Minimum Standard of Entrances Manual, using the Standard Private Subdivision Road/Street Entrance. Positive drainage needs to be maintained at all times during and after construction. An entrance pipe may be required. This can be discussed on site. Frederick County Fire Marshall: Applicant has permits will review plans at change of use. Frederick County Inspections: Retail Stores shall comply with The Virginia Uniform Statewide Building Code and use group M (Mercantile) of the International Building Code/2003. Other Code that applies is ICC/ANSI Al17.1-2003 Accessible and Usable Buildings and Facilities. Note: the requirements in IBC table 307.7(1) Allowable Quantity's of Hazardous Materials Storage. Please submit a plan at the time of change of use building application showing the areas being utilized. Permit shall be issued, inspections approved and a new certificate of occupancy issued prior to operation. Frederick -Winchester Health Department: The Health Department has reviewed your request and on account of the characteristics of the business, not having any employees other than Mr. and Mrs. Venskoske, and no public restrooms which is made known by a sign by Mr. Venskoske, the Health Department has no objections to the conditional use permit given that there is no apparent increase in water usage. Planning and ' Zoning: Staff would like to note that this Conditional Use Permit (CUP) has been applied for in response to a zoning violation for selling black powder to customers from this property without an approved CUP - cottage occupation. A CUP is one avenue to abate this violation. The applicant currently is permitted to sell black powder off site and has an ATF permit and Fire Marshal approval to operate this business. The applicant is requesting that he be allowed to sell black powder to customers on this site. The property is surrounded by like properties, with the nearest dwelling being more than 150 feet from this proposed use. Staff has concerns with sales of black powder during North South Skirmish Association (NSSA) activities. During these NSSA activities, the sale of black powder from this site, and the amount of traffic generated and parking, has caused problems along Chestnut Grove Road. These sales generated the complaint to the Planning Department. CUP #03-08, John Venskoske April 10, 2008 Page 3 The applicant has addressed this issue by adding an additional gravel parking area to the property to mitigate the traffic issues with this proposed use and parking along Chestnut Grove Road. The black power sales will be conducted from a fifty (50) square foot accessory building. STAFF CONCLUSIONS FOR THE 05/07/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any time on site. 3. During NSSA activities, all customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681). 4. Hours of operation for on site customers shall be limited to 8 AM to 7 PM. 5. No signage on the applicant's property shall be allowed. 6. Any expansion or change of use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. lAn4d COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 15, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #03-08 FOR JOHN VENSKOSKE On behalf of the Frederick Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 28, 2008, 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 #03-08 for John Venskoske, for a Cottage Occupation — Black Powder Sales. This property is located at 863 Chestnut Grove Road (Route 681), and is identified with Property Identification Number 30-A-57 in the Gainesboro 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 Plamiing 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 This is to certify that t� attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: -T 30 - A- - 57- VENSKOSKE JOHN E SR 863 CHESTNUT GROVE RD WINCHESTER VA 22603.2818 30 - A- - 56- STILES WILLIAM H. 71 693 CHESTNUT G11,0VF. RD 22603 2816 WINCHESTER VA 30 -A- - 1- NORTH SOUTH SKIRMISH 4B0 CHALYBEATE SPRINGS RD WINCHESTER VA 22603.2364 30 - A- - 54- DEHAVEN CHARLES L JR & KIMBERLY C 633 CHESTNUT GROVE RD WINCHESTER VA 22603.2816 30 - A- - 2- CLARK FAMILY LAND TRUST 322 CHALYBEATE SPRINGS RD WINCHESTER VA. 22603.2303 20 - A- - 22- %� BAYLISS E E JR 32 VALLEY AVE �'���✓� WINCHESTER VA 22601.4560 ark R. Cheran, Zoning & Subdivision Administrator ederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, �, A'— Aa Notary Public in and for the State and County aforesaid, do y certify that ark R. Cheran, Zoning & Subdivision Administrator for the Departryient of Planning and Development, whose name is signed to the foregoing, dated _ / t(� , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this / qday of h My commission expires on BEVERLY H. DELLINGE.V NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA ..,, ^kAuienihN M(PIR93 JULY 31. 2011 NOTARY UBLIC COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 25, 2008 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #03-08 FOR JOHN VENSKOSKE On behalf of the Frederick Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 7, 2008, at 7:00 p.m. in the Board Room of the Frederick County Admiiustration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #03-08 for John Venskoske, for a Cottage Occupation— Black Powder Sales. This property is located at 863 Chestnut Grove Road (Route 681), and is identified with Property Identification Number 30-A-57 in the Gainesboro 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, .- Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that thy attached correspondence was mailed to the following on ` from the Department of Planning and Development, Frederick County, Virginia: 1 20 - A. - 22. BAYLISS E E JR 30 - A. - 57- 32 VALLEY AVE VENSKOSKE JOHN E SR WINCHESTER VA 22601.4568 863 CHESTNUT GROVE RD WINCHESTER VA 22603-2818 30 - A- - 56- STILES WILLIAM H. & 693 CHESTNUT GROVE RD WINCHESTER VA 22603.2816 30-A--1- NORTH SOUTH SKIRMISH 480 CHALYBEATE SPRINGS RD WINCHESTER VA 22603.2364 30 - A- - 54- DEHAVEN CHARLES L JR & KIMBERLY C 633 CHESTNUT GROVE RD WINCHESTER VA 22603-2816 30 - A- - 2- CLARK FAMILY LAND TRUST 322 CHALYBEATE SPRINGS RD WINCHESTER VA. 22603.2303 1V�a R. C 'eran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1, 1�Vby a Notary Public in and for the State and County aforesaid, dcertify that k R. Cheran, Zoning & Subdivision Administrator for the Departent o Planning and Development, whose name is signed to the foregoing, dated o , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this r - day of (�/•L� My commission expires on BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY31,2011 NOTARY BLIC BARBARA-DATA PROCESSING FROM: BEV - PIGWing Dept Please print 1 sets of IQ Qls-by 0 K HANKS 8. The type of use proposed is (consult with the Planning before completing) l4-r-k J e, w so 1-e S 9. It is proposed that- , the following -buildings - will. be constructed: 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 W m S �'� f 5 ADDRESS PROPERTY ID#f�J — 1/ NAME _ i �► N V Y iv n k ADDRESS PROPERTY ID# J� IfJ _/ 5� f NAME Vffyn -q- s U s /d o s% ADDRESS �/' ,� -,L- y-g AAj .., PROPERTY ID# NAME r ir 13;Q y 1, S s ADDRESS PROPERTY ID# NAME N— 5 S ;q ADDRESS PROPERTY ID#_ NAME C h A t I e s 0,_24 A b e �V ADDRESS Cl, es t.N ut Gray R� PROPERTY ID# �0 _�A ✓,52 V NAME ADDRESS PROPERTY ID# NAME /✓ ADDRESS PROPERTY ID# `� wed•, Z N w !11 E REQUESTING AGENT: DEPT. OF. GEOGRAPHIC rNwbRMATioiN. s'ys"igms,, FREDERICK COUNTY, VERGINIA 4 GIS, MAPPING, GRAPEEWS WOE REQUEST DATE RECEIVED: * � (k) REQUESTED COMPLETION DATE: ��IZJe Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: E.STI1v1ATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional i oz�_Oie_� /K A As �10 -,42D,A,e7r7 DIGITAL: PAPER- FAX: SIZES: COLOR: BLACK/WMTE: STAFF MEMBER - COMPLETION DATE: MATERLkLS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: L on back of request) L/lu-P W- VF- ,/(/ SkbS KE_ W � a 0 -A -07 NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHF_CKNO.# Frederick County GIS, 107'NDrth Kent Street, Winchester, VA 22601, (540)665-565 1) REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5650 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 nam 4x address and phone number: e ov S k''i S k e— U>r,nc -S4eo 331-1`l Name of development and/or description of the request: Location: M 6 Inspections Department Comment: Vh Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT*P r TO A,WC 'A4/a 7 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. RECEIVED JUL 3 G zlov FREDMIK COUNTY WORK & 1NSPEGTIONS' Retail Stores shall comply with The Virginia Uniform Statewide (Building Code and use group M ( Mercantile)' of the International Building Code /200 . Other Code that applic's TC / i f A } 1 T T } 3& T si is ,�_- -. ANSI A I a r . l-200,31 i" ccesssilb-Il , and L/Sabae Bid dings and F aciljties.'v stc, t i requirements in IBC table 307.70) Allowable Quantity's of Hazardous Materials Storage Please submit a plans at the time of change of use building application showing the ares being utilized. Permit shall be issued , inspections approved and a new eertalcate of occu.nancy issucci prior to operation. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: JaG�►►y �, le sk o u� �, �► � U� � a 4 v 3 33gq Name of development and/or description of the request: Location: o-t 6? 1 i� rr- 5- 2 ),-Al Va. Dept. of Transportation Comments: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 681, the for too eration of the business a commercial entrance must he constructed to our standards to allow for safe egress and ingress of the property. Any States right-of-way must be covered u peFW7t i; issued-hy fhic affice and requires an in Land Use Permit Application information.) Sight distance of 610 feet will have to be acquired. At a minimum, cutting brush, small trees and the Tence moved The entrance will have to be cons ruc e ac 99 s4aF�dard-gf Entrnnrps Mani jal, using the Standard P attached). Positive drainage needs to maintained at all times during and after construction. An entrance pipe maybe required. This can be iscusse o VDOT Signature and Date: (NOTICE TO RESIDENT EEAS TURN S FOM 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 two (2) copies of your application form, location map and-all- ---other-pertinent-in o—nmnafion. - - — ------------------ - -- - REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this form. Applicant's name, address and phone numhPr- r s�u•5 SyD - frsrS' - 33 y9 and//or descri do of the request: Location: Health Department Comments: -d 4 QG G ,,ag Q er/ & A aj mot/ ar► -LhI�/if�/ ?f�/ /l•2k' //h /�!/.fit/7it, � �" �A,f Signature and Date: v 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 --- - - --_ -- other pertinent information. JUL 3 0 2007 i —5— BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit Application #02-08 of Gregoryand JoAnn Smith for a cottage occupation for a nail salon at 181 Ridings Mill Road with the following conditions. 1. All review agency comments shall be complied with at all times. No chemicals may be put into the sewage disposal system. 2. No business signs shall be permitted. 3. No other employees, other than those residing in the household. 4. Hours of operation shall be permitted from 7:00 a.m. to 6:00 p.m., Monday through Friday. There shall be a maximum nuinber of 20 customers allowed weekly. 6. Any expansion or modification of -this use will require the approval of a new Conditional Use Permit. Conditional Use Permit Application #03-08 of John Venskoske for a Cottage Occupation for Black Powder Sales at 863 Chestnut Grove Road (Rt. 681). The property is identified with P.I.N. 30-A-57 in the Gainesboro Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that this conditional use permit (CUP) is being applied for in response to a zoning violation complaint for selling black powder to customers from the property without an approved cottage occupation or conditional use permit (CUP). Mr. Cheran said the applicant currently is permitted to sell black powder off site and has an ATF permit and fire marshal approval to operate this business. Mr. Cheran reported that the applicant is requesting that he be allowed to sell black powder to customers on this site. He said the property is surrounded by like properties, with the nearest dwelling being more than 150 feet from the proposed use. He noted that the staff has concerns with sales of black powder.during the North -South Skirmish Association (NSSA) activities. He said that during these NSSA activities, the sale of black powder from this site and the amount of traffic generated, along with parking, has caused problems along Chestnut Grove Road. Mr. Cheran explained that the applicant has addressed this issue by adding a gravel parking area to his property to mitigate the traffic and parking issues along Chestnut Grove Road. He noted that the black powder sales will be conducted from a 50 square -foot accessory building. Mr. Cheran next read a list of recommended conditions, should the Commission find the use to be appropriate. Commissioner Ambrogi inquired how often the NSSA has activities near this location and also, how many people attend the activities. Mr. John Venskoske, the property owner and applicant, said he would like to operate the Back Creek Gun Shop; he noted that the name is somewhat deceiving because he does not sell guns. In answer to Commissioner Ambrogi's question, Mr. Venskoske said the NSSA holds 18 shoots per year with two big shoots, in May and October. He said during the May and October shoots, there could possibly be 10,000 people. Out of the 10,000 people, roughly 2,000 are shooters and the remainders are family and visitors. Mr. Venskoske said a notice is placed in the newspaper inviting the public at no charge; he said they like to promote Civil War history. Frederick County Planning Commission Page 2245 Minutes of May 7, 2008 QM. Chairman Wilmot asked the applicant if the building where sales will take place is permanently located on Mr. Venskoske's property and Mr. Venskoske answered yes. Commissioner Kriz spoke with Mr. Venskoske about the gravel driveway he constructed inside Chestnut Road, which connects to the NSSA property. It was determined that event attendees could travel from the NSSA site activities to Back Creek Gun Shop without going out onto the main black -topped road. Referring to recommended Condition #5, which stated, "No more than five customers at any time on the site," Commissioner Triplett questioned limiting the number of customers on site and how it could be monitored. Commissioner Ambrogi asked Mr. Venskoske if he thought there would be a parking problem during an event weekend. Mr. Venskoske believed the parking area would be large enough to handle the volume of traffic he receives. Commissioner Ambrogi noted that Mr. Venskoske could not enforce the parking, if someone randomly parked along the roadway. He did not want to see Mr. Venskoske's CUP jeopardized, if someone just pulls off the road to quickly run inside his shop to purchase black powder. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kriz made a motion to recommend approval ,,Aith the conditions recommended by the staff. This motion was seconded by Commissioner Triplett. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit Application 403-08 of John Venskoske for a Cottage Occupation for Black Powder Sales at 863 Chestnut Grove Road (Rt. 681), with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any time on the site, except during NSSA activities. 3. All customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681) or Chalybeate Springs Road (Route 687). 4. Hours of operation for on -site customers shall be limited to 8:00 a.m. to 7:00 p.m. 5. No signage on the applicant's property shall be allowed. 6. Any expansion or change of use will require a new conditional use permit. PUBLIC MEETING: Subdivision request of K & J Investments, LC, submitted by Grey Wolfe, Inc., for a non-residential subdivision of an 11.283-acre parcel into four lots consisting of 6.740 acres, 0.844 acres,1.573 acres, and 2.115 acres. The property is located on the east side of Welltown Road (Rt. 661), across from Stonewall Industrial Park. The property is further identified by P.I.N. 43-A-56 in the Stonewall Magisterial District. Action — Recommended Approval Frederick County Planning Commission Page 2246 Minutes of May 7, 2008 W_ 360 Supervisor Ewing asked the applicant if 20 customers per week were sufficient. The applicant responded she was okay with 20. Chairman Shickle convened the public hearing. There were no public continents. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor Dove, the Board approved Conditional Use Permit #02-08. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING CONDITIONAL USE PERMIT 003-08 FOR JOHN' VFNSKOSKE FOR A COTTAGE OCCUPATION - BLACK POWDER SALES. THIS PROPERTY IS LOCATED AT 863 CHESTNUT GROVE ROAD (ROUTE 681), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 30-A-57 IN THE GAINESBORO MAGISTERIAL DISTRICT - APPROVED Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised this was an application for a conditional use permit for property located at 863 Chestnut Grove Road in the Gainesboro Magisterial District. The property is zoned RA (Rural Areas) District and its current use is residential. This conditional use permit is for a cottage occupation for black powder sales. Zoning Administrator Cheran went on to say the applicant was applying for this permit in response to a notice of violation. He went on to say the applicant was proposing to sell black powder on site. The Planning Commission recommended approval of this application with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any one time on the site, except during NSSA activities, 3. All customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681) or Chalybeate Springs Road (Route 687) 4. Hours of operation for on -site customers shall be limited to 8:00 am. to 7:00 p.m. 5. No sign age on the applicant's property shall be allowed. 6. Any expansion or change of use will require a new conditional use permit. Minute Book Number 33 Board of Supervisors Regular Meeting of 05/28/08 r r 16 361 He concluded by saying the applicant was present to answer any questions the Board might have. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Vice -Chairman Fisher, the Board approved Conditional Use Permit #03-08. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Bill M. Ewing Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS REZONING #03-06 OF O-N MINERALS ( HEMSTONE) SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES TO REZONE 639.13 ACRES FROM RA (RURAL AREAS) DISTRICT TO EM (EXTRACTIVE MANUFACTURING) DISTRICT WITH PROFFERS THE MIDDLE MARSH PROPERTY IS LOCATED EAST OF BELLE VIEW LANE (ROUTE 758) WEST OF HITES ROAD (ROUTE 625) AND ON BOTH SIDES OF CHAPEL ROAD (ROUTE 627) THE NORTHERN RESERVE IS BOUNDED TO THE SOUTH BY CEDAR CREEK AND SHENANDOAH COUNTY AND IS WEST AND ADJACENT TO MEADOW MILLS ROAD (ROUTE 624) THE PROPERTIES ARE IN THE BACK CREEK MAGISTERIAL DISTRICT AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 83-A-109 AND 90-A-23. - APPROVED Deputy Director of Planning and Development Michael Ruddy appeared before the Board regarding this item. He advised that his purpose was to update the Board on changes to this application, which have taken place since the public hearing. He stated the applicant provided a revised proffer statement dated May 22, 2008. He referred the Board to Attorney Robert Mitchell's review letter relative to the new proffer statement. Deputy Director Ruddy summarized the key changes to the application: — The total acreage was reduced from 639.13 acres to 394.2 for a reduction of 244.93 acres. — The Generalized Development Plan had been modified to reflect the reduced acreage and has specifically incorporated the additional phasing plans and view shed plats; beaming and landscape recommendations; clarified the 8 acre dedication; and the well and blast survey agreements. — Proffered to limit truck traffic to 86 trips per day, except under certain circumstances, in which event they would be limited to 200 per day. Minute Book Number 33 Board of Supervisors Regular Meeting of O5/28/08 P.1/1 A'`'-02-2008 10'47 From:THEWINCHESTERSTAR 5406670012 To:6656395 �a TUE5DAY,, MAY 6 2 AGENDA . rncr.,■, YCK COUNTY PLANNING COMMISSION The Board Room W Frederick County Administration Building Winchester, Virginia May 7, 2008 7.00 PM 1. CALL TO ORDER A�Adoption of Agenda March 19, 2008 Minutes Committee Reports EDERICK COU Citizen Comments PUBLIC HEARING Frederick Cc Conditional Use Permit #02-08 for Gregory and JoAnn Smith, Wi for a Cottage Occupation - Nail Salon. This property is located at M181 Ridings Mill Road, and is identified with Property I Identification Number 85-A-10J in the Opequon Magisterial District. Adoption of Agenda Conditional Use Permit #03-08 for John Venskoske, for a March 19, 2008 Minutes Cottage Occupation - Black Powder Sales. This property is locat- Commlttee Reports ed at 863 Chestnut Grove Road (Route 681), and is identified with Citizen Comments PJ,Property Identification Number 30-A-57 in the Gainesboro I9LI�F.iE Magisterial District. Conditional Use Permit #02-08 fc Ma g for a Cottage Occupation • Nail Sa PUBLIC MEETING identification Ridings MITI Road, and Waiver Request of K & J Investments, LC, submitted by District- Galion Number 85•A-10J GreyWolfe, Inc., for the non-residential subdivision of an 11.283 District_ acre parcel into four lots of 6.740 acres, 0.844 acres, 1.573 acres Conditional Use Permit #03.10Q and 2.115 acres. The property is located on the east side of Cottage Occupation - Black Powd Welltown Road (Route 661) across from Stonewall Industrial ed at 863 Chestnut Grove Road (F Park, and is identified by Property Identification Number 43-A-56 Property Identification Number in the Stonewall Magisterial District. Magisterial District. COMMISSION DISCUSSION P_I@.LLC_N Ordinance Amendment — Chapter 165, Zoning, Article V, RA Waiver Request of K & J In (Rural Areas) District, Revisions to the Rural Preservation GreyWolfe, Inc„ for the non-reslf Requirement acre parcel Into four lots of 6.740 UDA Ordinance Amendment — Business Overlay District and 2.115 acres. The property Welltown Road (Route 661) a(Other Park, and is identified by Prope ' In the Stonewall Magisterial District, COMMISSION DISCUSSION Ordinance Amendment — Chraptor 165, zoning, Article V, RA (Rural Areas) District, Revisions to the Rural Preservation Requirement UDA Ordinance Amendment — Business Overlay District Other P. 1 Immediate TX Result Report ( May, 5, 2008 8:40AM) �. Fax Header) A` F i 1 e e Time Destination Mode TXtime Page Result User Name No. --------------------------------------------------------------------------------------------------- ay. 5. 8:40AM 96621052 G3TES) 0'12" P. 1 OK 7790 # Batch M Memory L Send later ! . Forwardins E ECM S Standard D Detail F Fine ) Reduction x LAN —Fax t Delivery Q RX Notice Rea. A RX Notice COUNTY of FREDERICK Winchester Star — Advertising Department FOR PUBLICATION: May 6, 2008 TYPE OF AD: Display Ad DATE: May 1, 2008 7:00 PM Adoption of Agenda March 19, 2008 Minutes Committee Reports Citizen Comments AGENDA Planning and Development 540/665-5651 FAX: 540/ 665-6395 FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia May 7, 2008 CALL TO ORDER PUBLIC HEARING Conditional Use Permit #02-08 for Gregory and JoAnn Smith, for a Cottage Occupation — Nail Salon. This property is located at 181 Ridings Mill Road, and is identified with Property Identification Number 85-A-1 OJ in the Opequon Magisterial District. Conditional Use Permit #03-08 for John Venskoske, for a Cottage Occupation — Black Powder Sales. This property is located at 863 Chestnut Grove Road (Route 681), and is identified with Property Identification Number 30-A-57 in the Gainesboro Magisterial District. PUBLIC MEETING Waiver Request of K & J Investments, LC, submitted by GreyWolfe, Inc., for the non-residential subdivision of an 11.283 acre parcel into four lots of 6.740 acres, 0.844 acres, 1.573 acres and 2.115 acres. The property is located on the east side of Welltown Road (Route 661) across from Stonewall Industrial Park, and is identified by Property Identification Number 43-A-56 in the Stonewall Magisterial District. _ 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COMMISSION DISCUSSION Ordinance Amendment — Chapter 165, Zoning, Article V, RA (Rural Areas) District, revisions to the Rural Preservation Requirement UDA Ordinance Amendment — Business Overlay District Other ;J PUBLIC HEARING t I Kent.Street, Winchester Virginia to Con - Sider the Following: Proposed Ordinance — Salaries of the Board of Supervisor's — Pursuant to Sec tion, 1.5.2-1414.3 of the'Code of Virginia, 1950,-a's Amended, the Board of Supervi- sors will Hold a Public Hearing to Fix the Annual Salaries of the Board of Supervisors as Follows: Chairman,:$l,6,8Q0, vide' Chair-` man; $1'0,200;' and Each Other Me'mber'of the Board of Supervisors at.$9,000.' ' ',`Inquiries eohce�ning th'e`above may be addressed'to the"'Office ,of the.County Administrator,between the hours of 8:00 - ,,A(M. and 5:00 P.M., Monday through Fri-. day,' North Kent Street, Winchester,. Virginia,22601, {540)'665-5666. `Conditional U'se: Permit 402-08 for. `Gregory and JoAnn Smith for a Cottage Occupation -Nail Salon. This :Property i6 Located at 181Ridings Mill Road, and is Identified with Property;,"Identification -Num ber' 85-A-.10J 'in the Opequon Magisterial District. : yensKosKe:,-tor a - (cottage- Occupation-`' Black -Powder Sales.` This -Property is Locat ed ".at' 863 Chestnut °Grove Road (Route, 681);,;a6d is Identified with, Property -identifi- cation Number 30-A-57 -in,the Gainesboro Magisterial District: Inquiries concerning `the above may be addressed to the,Office of Planning and pevelop,ment', between the hours of 8:00 A M. "and 500, PA .; Monday,, through Fri- d'ay,` 107• North Kent Stlreet,:*richester; , Virginia 22601*." (540) 665-5651, Interested citizens may appear before, .the Board to speak 'on the above Items.,(A copy.,vof the agenda will. be' available for review at the Handle y,Regioria(Library, Braddock and . Piccadifty, Streets,, Winchester, Virginia;, and -the Bowman Obrary,`Tasker Road, Stephens City; Virginia, the, week of May, 26, 2098. You ,Can _,A'fso, Visit', the,_ Web ;at, www co.fieder ck.va.us) ' County Administrator www co.frederickmaus THE WINCHESTER STAR, Wednesday May 14 2008 Department of Planning and Development 5401665-5651 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE:. June 2, 2008 The amount of $50.00.was deposited in line item #3=010-0191.10-0008. Mr. John Venskoske had a deposit for one sign for Conditional Use Permit #03-08. Mr. Venskoske 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: John Venskoske . 863 Chestnut Grove Road Winchester, VA 22603 . . RSA/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Z� U ra �\ No. 9159 9 DATE RECEIVED FROM $ ESS —:i j ;,_ DOLLARS I�pPR 4 1 O FOR RENT t ❑FOR � AMT. OP CASH , - ACCOUNT .. CHECK r) AMT. PAID f y' MONEY BY - BALANCE ORDER ru IDy PLANNING Check 140.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 4/2008 CI • 800Z/6 HZNOW 3H,L MHs ZS32i3ZNI/kLgVN3d S30MONI 3110 3ONVUS SMIEVA # 00 * 0T :[oauO ONINNKId Aq Pd 00' $ an0 a0uPTV9* 00'OS $ PTed qunouiv 00' $ Isalaqul 00' $ A4TPuad 00'OS $ PTPd buTag TPdTouTJd 00'O9 $ aouPTP9 snoTAald 960T # -4da0 00sS :# - suPay ZSHMq/HMf : J84STbag 800Z/TO/� : a-4PO ONINNVUd SZISOd30 NOIS SZZO-609ZZ VA 'd3IS3HONIM SZZ XOS '0',7 2i1' '3 300N230 WEiI'I IIM AZNOOD ?IOI2i3r For Tag In CVA US WWW O FREDERICK en s DATES TO REMEMBER Jan. 31 Dog tags due for renewal Business Equipment/License Mar. 1 Must be filed Business License fee due Apr' 1 First Half Taxes Due June 5 Personal Property Real Estate Sanitary District Street Light Dog tags go on sale Nov. 1 second Half Taxes Due Dec. 5 Personal Property Real Estate Sanitary District Street Light Other due dates as billed by the Commissioner of the Revenue's Office. .CDERICK COUNTY TREASURER 107 NORTH 1" TE 10 STET Maw ddress Frederick County TTeasurer P.O. Box 225 Winche ter, VA 665 22604_0225 l 607 E-mail Address IBOrndoff@coftederick.va.us _ mice Hours E LE COPY COUNT o FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 29, 2008 Mr. John Venskoske 863 Chestnut Grove Road Winchester, VA 22603 RE: CUP #03-08 Property Identification Number 30-A-57 Dear Mr. Venskoske: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on May 28, 2008. Conditional Use Permit #03-08 was approved for a cottage occupation — black powder sales. Further conditions associated with the approval of the Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any time on the site, except during NSSA activities. 3. All customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681) or Chalybeate Springs Road (Route 687). 4. Hours of operation for on -site customers shall be limited to 8:00 a.m. to 7:00 p.m. 5. No signage on the applicant's property shall be allowed. 6. 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, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Inspections Department 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 E • CONDITIONAL USE PERMIT #03-08 gw4�o�' co JOHN VENSKOSKE w Staff Report for the Board of Supervisors w Prepared: May 21, 2008 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/07/08 Recommended approval Board of Supervisors: 05/28/08 Pending LOCATION: This property is located at 863 Chestnut Grove Road (Route 681). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-57 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a cottage occupation — black powder sales. CUP #03-08, John Venskoske May 21, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 681, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires inspection fee and surety bond coverage. Sight distance of 610 feet will have to be acquired. At a minimum, cutting brush, small trees and the fence moved back will be required. The entrance will have to be constructed according to the Minimum Standard of Entrances Manual, using the Standard Private Subdivision., Road/Street Entrance. Positive drainage needs to be maintained at all times during and after construction. An entrance pipe may be required. This can be discussed on site. Frederick County Fire Marshall:. Applicant has permits will review plans at change of use. Frederick County Inspections: Retail Stores shall comply with The Virginia Uniform Statewide Building Code and use group M (Mercantile) of the International Building Code/2003. Other Code that applies is ICC/ANSI Al17.1-2003 Accessible and Usable Buildings and Facilities. Note: the requirements in IBC table 307.7(1) Allowable Quantity's of Hazardous Materials Storage. Please submit a plan at the time of change of use building application showing the areas being utilized. Permit shall be issued, inspections approved and a new certificate of occupancy issued prior to operation. Frederick -Winchester Health Department: The Health Department has reviewed your request and on account of the characteristics of the business, not having any employees other than Mr. and Mrs. Venskoske, and no public restrooms which is made known by a sign by Mr. Venskoske, the Health Department has no objections to the conditional use permit given that there is no apparent increase in water usage. Plannin1l and Zonin1j: Staff would like to note that this Conditional Use Permit (CUP) has been applied for in response to a zoning violation for selling black powder to customers from this property without an approved CUP - cottage occupation. A CUP is one avenue to abate this violation. The applicant currently is permitted to sell black powder off site and has an ATF permit and Fire Marshal approval to operate this business. The applicant is requesting that he be allowed to sell black powder to customers on this site. The property is surrounded by like properties, with the - nearest dwelling being more than 150 feet from this proposed use. Staff has concerns with sales of black powder during North South Skirmish Association (NSSA) activities. During these NSSA activities, the sale of black powder from this site, and the amount of traffic generated and parking, has caused problems along Chestnut Grove Road. These sales generated the complaint to the Planning Department. CUP #03-08, John Venskoske May 21, 2008 Page 3 The applicant has addressed this issue by adding an additional gravel parking area to the property to mitigate the traffic issues with this proposed use and parking along Chestnut Grove Road. The black power sales will be conducted from a fifty (50) square foot accessory building. STAFF CONCLUSIONS FOR THE 05/07/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any time on site, except during NSSA activities. 3. All customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681) or Chalybeate Springs Road (Route 687). 4. Hours of operation for on site customers shall be limited to 8 AM to 7 PM. 5. No signage on the applicant's property shall be allowed. 6. Any expansion or change of use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. PLANNING COMMISSION SUMMARY AND ACTION OF THE 05/07/08 MEETING: Commissioners had numerous questions for the applicant which included how often the NSSA has events and the, number of people attending them; if the building where sales takes place is permanently located on the applicant's property; and the number of customers expected. They also spoke with the applicant about the gravel driveway he installed and if adequate parking was available. The applicant responded that the NSSA holds 18 shoots per year with two big shoots in May and October; during the May and October events, there could possibly be 10,000 people; out of the 10,000 attendees, roughly 2,000 are shooters and the remainder is family and visitors; the sales building, Back Creek Gun Shop, is permanently located on the applicant's property; he does not sell guns, only black powder; the gravel driveway is constructed along the inside of Chestnut Road and connects with the NSSA property; event attendees could travel from the NSSA site to the applicant's shop without going out onto the main black -topped road. No one came forward to speak during the public comment portion of the public hearing. CUP #03-08, John Venskoske May 21, 2008 Page 4 The Planning Commission unanimously voted to recommend approval of the CUP with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five customers at any time on the site, except during NSSA activities. 3. All customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681) or Chalybeate Springs Road (Route 687). 4. Hours of operation for on -site customers shall be limited to 8:00 a.m. to 7:00 p.m. 5. . No signage on the applicant's property shall be allowed. 6. Any expansion or change of use will require a new conditional use permit. Following the required public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. O e 30 A 1 NORTH SOUTH SKIRMISH C,7 ja gNGEL'S:WAY 20 A 22 BAYLISS E E JR 5 Q J14 VENSKOSKE JOHN E SIR z o 1 r� C' n c w b co��= a x 0 yNt A� ' 30 A 4 V. �p DEHAVEN CHARLESLJR 41 Qo QO Cf� O n_ Q KAISER GARY W P Q OFyq`R�c S' I y 4,, W o < 2 5ii J W 30 A 50 WYNN ANDREA HITZ II y n � a O m r Y 30 ADgMS ygRSO � / m L O 2 � 7 f i mm ", � !• QUO 0 a�. Frederick County, VA Conditional Use Permit CUP # 03 - 08 Application John Venskoke Parcel ID: 30-A-57 Location in the County Map Features C Hamlets e JohnVenskoske_CUP0308 D Lakes/Ponds -- Streams Urban Development Area ti SWSA V Q 0 330 6�??et © Case Planner: Mark Map Document: (N:\Planning_And_Development\_1_Locator Mps\2008WohnVenskoke_CUP0308_040808.mxd) 4/7/2008 -- 1:30:08 PM 0 00 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: AID 11 I ADDRESS: TELEPHONE Lf 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and i include the route number of your road or street) 4. The property has a road frontage of °3 6 G o ' feet and a depth of _Z6vo' feet and consists of / acres. (Please be exact) 5. The property is owned by Zo �N j� 5 % as evidenced by deed from recorded (previous owner) in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel) Identification (I.D. )No.(} Magisterial District L# j A, es bo .- e Current Zoning �{ 7. Adjoining Property: USE North Al- `i 5 4 RA-n y � East R e s West R -CS 00 00 8. The type of use proposed is (consult with the Planning Dept. before completing) *, JZ PU u,J cam. w S 34 9. It is proposed --•that the following buildings will be constructed: 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 W vK i i P ADDRESS 3 .0 A e's&V"1-C f-0t'e Act PROPERTY ID# NAME llc� ADDRESS �jJ ,�Yip �. �1,► °a PROPERTY ID# NAME _�►iyn -c. (Je ADDRESS rT' 3 h`S �, tU e PROPERTY ID# NAME r r flq y z) 5 5 ADDRESS PROPERTY ID# NAME N-S 5 ADDRESS PROPERTY ID# NAME ADDRESS CA 6)-e V e. Rd. PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# •0 •• 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. 06O-s •0 •0 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors, public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors_ or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner v Owners' Mailing Address 94 3 Ct�,w b b .a e- Rd- tu►,�,J` 21a14 =3 Owners' Telephone No. J� G� A ��Y- . 3 t} TO BE COMPLETED BY ZONING ADMINISTRATOR: SE --COD RENEWAL DATE: ."W4 At I - 4 if 05-22-2008 0 u CO CONDITIONAL USE PERMIT #03-08 JOHN VENSKOSKE w Staff Report for the Planning Commission w ' Prepared: April 10, 2007 „n.NA Staff Contact: Mark R. Cheran Zoning Administrator 17 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: 05/07/08 Pending Board of Supervisors: 05/28/08 Pending LOCATION: This property is located at 863 Chestnut Grove Road (Route 681). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-57 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a cottage occupation — black powder sales. 0 9 CUP #03-08, John Venskoske April 10, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 681, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires inspection fee and surety bond coverage. Sight distance of 610 feet will have to be acquired. At a minimum, cutting brush, small trees and the fence moved back will be required. The entrance will have to be constructed according to the Minimum Standard of Entrances Manual, using the Standard Private Subdivision Road/Street Entrance. Positive drainage needs to be maintained at all times during and after construction. An entrance pipe may be required. This can be discussed on site. Frederick County Fire Marshall: Applicant has permits will review plans at change of use. Frederick County Inspections: Retail Stores shall comply with The Virginia Uniform Statewide Building Code and use group M (Mercantile) of the International Building Code/2003. Other Code that applies is ICC/ANSI Al17.1-2003 Accessible and Usable Buildings and Facilities. Note: the requirements in IBC table 307.7(1) Allowable Quantity's of Hazardous Materials Storage. Please submit a plan at the time of change of use building application showing the areas being utilized. Permit shall be issued, inspections approved and a new certificate of occupancy issued prior to operation. Frederick -Winchester Health Department: The Health Department has reviewed your request and on account of the characteristics of the business, not having any employees other than Mr. and Mrs. Venskoske, and no public restrooms which is made known by a sign by Mr. Venskoske, the Health Department has no objections to the conditional use permit given that there is no apparent increase in water usage. Planning and Zoning: Staff would like to note that this Conditional Use Permit (CUP) has been applied for in response to a zoning violation for selling black powder to customers from this property without an approved CUP - cottage occupation. A CUP is one avenue to abate this violation. The applicant currently is permitted to sell black powder off site and has an ATF permit and Fire Marshal approval to operate this business. The applicant is requesting that he be allowed to sell black powder to customers on this site. The property is surrounded by like properties, with the nearest dwelling being more than 150 feet from this proposed use. Staff has concerns with sales of black powder during North South Skirmish Association (NSSA) activities. During these NSSA activities, the sale of black powder from this site, and the amount of traffic generated and parking, has caused problems along Chestnut Grove Road. These sales generated the complaint to the Planning Department. CUP #03-08, John Venskoske April 10, 2008 Page 3 The applicant has addressed this issue by adding an additional gravel parking area to the property to mitigate the traffic issues with this proposed use and parking along Chestnut Grove Road. The black power sales will be conducted from a fifty (50) square foot accessory building. STAFF CONCLUSIONS FOR THE 05/07/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any time on site. 3. During NSSA activities, all customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681). 4. Hours of operation for on site customers shall be limited to 8 AM to 7 PM. 5. No signage on the applicant's property shall be allowed. 6. Any expansion or change of use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. L� COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 15, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #03-08 FOR JOHN VENSKOSKE On behalf of the Frederick Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday; May 28, 2008, 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 #03-08 for John Venskoske, for a Cottage Occupation— Black Powder Sales. This property is located at 863 Chestnut Grove Road (Route 681), and is identified with Property Identification Number 30-A-57 in the Gainesboro 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 ' This is to certify the attached correspondence was mailed to the following on _that ' from the Department of Planning and Development, Frederick County, Virginia: i --- — - -- 30 . A- • 57- VENSKOSKE JOHN E SR 863 CHESTNUT GROVE RD WINCHESTER VA 22603.2818 1 - - 30 - A.. 56- STILES WILLIAM H. 71 693 CHESTNUT GIVIVE RD i WINCHESTER VA 22603 2816 i - - 30 •A- - 1- NORTH SOUTH SKIRMISH 480 CHALYBEATE SPRINGS RD WINCHESTER VA 22603.2364 30 A 54 1 DEHAVEN CHARLES L JR & KIMBERLY C 633 CHESTNUT GROVE RD WINCHESTER VA 22603.2816 30 - A- - 2. CLARK FAMILY LAND TRUST 322 CHALYBEATE SPRINGS RD WINCHESTER VA. 22603-2303 - 20 - A- - 22- BAYLISS E E JR 32 VALLEY AVE /` WINCHESTER VA 22601.4568 ark R. Cheran, Zoning & Subdivision Administrator ederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1 , a Notary Public in and for the State and County aforesaid, d hereby certify that dark R. Cheran, Zoning & Subdivision Administrator for the Depart ent of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this f '� day of My commission expires on 9EVERLY H. DELLINGE.V NOTARY ID # 331878 NOTARY PUBLIC OONWEALTH OF VIRGINIA A1Aiel1^W0VP1R1A JULY31,2011 M1 46Z NOTARY UBLIC 0 9 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 25, 2008 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #03-08 FOR JOHN VENSKOSKE On behalf of the Frederick Planning Commission, you are hereby notified of a public hearing being held on Wednesday, May 7, 2008, 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 #03-08 for John Venskoske, for a Cottage Occupation — Black Powder Sales. This property is located at 863 Chestnut Grove Road (Route 681), and is identified with Property Identification Number 30-A-57 in the Gainesboro 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, _ Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify tha they attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: -- ( 20 . A 22 - -- - - - - - - - --- - BAYLISS E E JR - - - - — 30 A- - 57- 32 VALLEY AVE VENSKOSKE JOHN E SR WINCHESTER VA 22601.4568 863 CHESTNUT GROVE RD WINCHESTER VA 22603.2818 30 - A- . 56- STILES WILLIAM H. & 693 CHESTNUT GROVE RD WINCHESTER VA 22603.2816 30-A--1- NORTH SOUTH SKIRMISH 480 CHALYBEATE SPRINGS RD WINCHESTER VA 22603.2364 30 --A- - 54- DEHAVEN CHARLES L JR & KIMBERLY C j 633 CHESTNUT GROVE RD WINCHESTER VA 22603.2816 30 - A- - 2- CLARK FAMILY LAND TRUST 322 CHALYBEATE SPRINGS RD WINCHESTER VA. 22603.2303 1v�R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do reby certify that k R. Cheran, Zoning & Subdivision Administrator for the Depart ent o Planning and Development, whose name is signed to the foregoing, dated ��7 %f0 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this My commission expires on BEVERLY H. DELLIWER NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSKM EXPIRES JULY 31, 2011 day of �v. � L� NOTARY BLIC BARBARA-DATA PROCESSING F OM:BEV - Pla ning Dept. Please print �g�H=NKSY e S. The type of use proposed is (consult with the- Planni-ny before completing) #c k PgwJ e, r- SO !-e s - 9. It is proposed -that.�the- following buildings- will. be - constructed: 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 W Vh S �",rI 5 ADDRESS rcc'e PROPERTY ID# NAME ;1 t� I� w U r w S s /� ADDRESS J PROPERTY ID# J NAME Jq- yx L- s U e a .5 A o s A, a ADDRESS PROPERTY ID#-� NAME 13;9 v 1, 5 5 ADDRESS 'PROPERTY-- - ID# - NAME N- S 5;q ADDRESS PROPERTY ID#�-lam¢ —1 NAME Chat)es <NA-Qe N PROPERTY ID# �L� °=� �f NAME PROPERTY ID# NAME *_70 -,Mr - 22 %/ PROPERTY ID# ` o!f -4- 2/ Y ADDRESS Ca estiv ut 6r0 v e- Rd - ADDRESS ADDRESS N W S E REQUESTING AGENT; DEPT. OY GEOGRAPFIIC INFORMATION S"VSTEw1- , FREDERICK COUNTYVIRG'tNIA I t� GIS, MAPPE%iG, GRAPHICS WORK REQUEST DATE RECEIVED:. 3,� (Lb REQUESTED COMPLETION DATE: l 'o e Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone:. FAX: E-mail Address: EST]MATED COST OF PROTECT: DESCRIPTION OF REQUEST: (Write additional i C..o �-o,L /'K A P DIGITAL: PAPER: SIZES: COLOR:. BLACKlWHITE: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: L on back of request) ecLP w- 02 o 9 ,j-o Ro Sk6S K NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS; 107 North Kent Street, Winchester, VA 22601, (540)665-5651) REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: .i d- k ►► U 863 Ch,.— Ll " �► t10 :2 2 6y 3 �Sfir3 3 q 7 Name of development and/or description of the request: Location: f (Z-J-1 ejF F 5-2 2 Al Va. Dept. of Transportation Comments: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 681, the i r to operation of the business a commercial entrance tructed to our standards to allow for safe egress and ingress of the pro. e y. State's right-of-way must be covered un erand re wires an in Land Use Permit Application information.) Sight distance of 610 feet will have to be acquired. At a minimum, cutting brush, small trees and the tence The entrance will have to be constructe ac using the Standard p ' attached), Positive drainage needs to maintained at all times during and after construction. An entrance pipe maybe required. This can be discussed on slie. VDOT Signature and Date: �%-' �— (NOTICE TO RESIDENT E EAS�TIUJ�RN�FMORM 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 two (2) copies of your application form, location map and all - other pertinent information. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this form. Applicant's name, address and phone number: uaO n - 122 IL 7D J, b 0 Health Department Comments: Signature and Date: NOTICE ' PO 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 foam-, location map and all other pertinent information. JUL 3 o 2007 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5650 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: T,dh4 6 Ue5 e— G3 (1) lac U Z tQ v 3 S�v- I �tr- 3 3 `� 9 Name of development and/or description of the request: Location: M 6 Inspections Department Comment: Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT*P TO AA'�LfCAl�jx`.) It./AT7 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. RECEIVED JUL 3 0 2007 FREDERJOK couNTY I M WORK & 11VSPfCAONS • Retail Stores shall comply with The Virginia Uniform Statewide Building Code and use group Pori ( Mercantile) of the international Building Code ;2003.Other Code that applies is ICC'ANSI A 117.1-2003 Accessible and Usable Buildings and Facilities. Note; the requirements in IBC table 307.7(1) Allowable (quantity's of Hazardous Materials Storage Please submit a plans at the time of change of use building application showing the ares being utilized. Permit shall be issued, inspections approved and a new certificate of occupancy issued prior to operation.