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HomeMy WebLinkAbout05-08 Bubble Works Off-Premise Sign - Stonewall - BackfileIs t NOTES Date: .� 30 ak File opened oV Reference Manual updated/number assigned S ,3v pY D-base updated LC)1` Bne location map requested from Mapping Dept. / s f— u K 7— 7Z it QP_C_ Four sets of labels requested from Data Processing File given to Renee' to update Application Action Summary CLOSE OUT FILE: �o 08"' Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's �p A,,�� File stamped "approved", "denied" or "withdrawn" Reference Manual updated p 0 S/ D-base updated L� //tt�� //0We­g�en to Renee' for final update to Application Action Summary f V e\ ol\Common\Tracking sheets\CUP.TRK RI' 7n �-l( Revised 12/19/02 � 0 mco / N v �o cr o oLL Q O CV O N CA , oQ Uo? r �1,0 c V1 DATE RECEIVED FROM AnnRFSS Yl / J FOR6RENT,% SZ Ll FOR 1 . .. AMT. OF ACCOUNT CASH AMT. PAID L� CHECKS BALANCE DUE MONEY ORDER I BY No. 0750 Iaw I r iwinicr Retirentfnt ��mmur�itu t►t "- -. �%'V%CORG 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: October 10, 2008 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Bubble Works. Painter- Lewis PLC had a deposit for one sign for a Conditional Use #05-08 for Bubble Works. 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: RSA/pd 4tc Painter- Lewis PLC 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 o�tabe5 ce�'�c �n �,Ss�one CO I� Paa�ereasutet 0 over! ti5 VeSlSAoI �g.5 Bess vats sty Pa dettck to @°O�Oteel� vO5:0es,�atG` J iteasvte 4`,aeCe a� wed a r • ` ` � • tbt°use °ff `°eat . • ` pT'1 �aay may b r •' ` •G�c � bo tot de • • ` * '$60 con .*" • • ��l c S�tc Apo cco`<<5p010 f °� Ssea oaf°fie Stg°a C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING Date 6/02/2008 Register: JKH/LKHS3 Trans. #: 16051 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING Check 11272.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 6/2008 ti6 0212 % . Date JKHILKHS3 Register : 16()51 Trans. # ZASP Dept 00 .00 .00 Pd by 'PLANNING PEN Ali QuLANCE DUE INCLUDES RIE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 9, 2008 Mr. John Lewis Painter -Lewis, PLC 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 RE: Conditional Use Permit #05-08 Property Identification Number 53-4-2-D Dear John: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on October 8, 2008. Conditional Use Permit #05-08 was approved for an off -premises sign. Conditions associated with the approval of the Conditional Use Permit include the following: 1. The sign shall be properly maintained. 2. This illuminated off -premises business sign shall not exceed 15 feet in height and 50 square -feet in face area. Only the Westminster -Canterbury sign shall be on this sign structure. 4. Any expansion or modification shall require approval of a new conditional use permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, � ar R. Cher Zoning and Subdivision Administrator MRC/bad cc: Upper Crust, LLC, 112-A Bruce Dr., Winchester, VA 22601 Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r Co CONDITIONAL USE PERMIT #05-08 w4t BUBBLE WORKS w Staff Report for the Board of Supervisors w Prepared: October 1, 2008 �0 „1)38'A 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: 07/02/08 Recommended approval Board of Supervisors: 10/08/08 Pending LOCATION: This property is located at the intersection of North Frederick Pike (Route 522 North) and Westminster -Canterbury Drive (Route 1318). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53-4-2-D PROPERTY ZONING & PRESENT USE: Zoned: B-2 (Business General) District Land Use: Commercial ADJOINING PROPERTY ZONING & USE: North: B-2 (Business General) Land Use: Commercial South: B-2 (Business General) Land Use: Commercial East: B-2 (Business General) RP (Residential Performance) Land Use: Commercial/Residential West: B-2 (Business General) Land Use: Commercial PROPOSED USE: This application is for an off -premises sign. i 0 CUP #05-08, Bubble Works October 1, 2008 Page 2 REVIEW EVALUATIONS: Planning and Zoning: The Frederick County Zoning Ordinance allows for off -premises signs with an approved Conditional Use Permit (CUP). The Frederick County Zoning Ordinance specifies that when considering an off -premises business sign, additional performance standards should be considered to promote orderly economic development. These performance standards are to ensure that residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted. In addition, standards shall include: height and size limitations of signs, placement of signs along highway corridors, and illumination of signs to mitigate any negative impacts to adjoining properties and uses. This off -premises business sign is illuminated; standing approximately fifteen (15) feet in height with sign face area of approximately fifty (50) square feet. The sign will be located on property that is adjacent to N. Frederick Pike (Rt.522). There are currently two (2) business signs located on this sign structure reading "Westminster Canterbury" and "Bubble Works" (See illustration by applicant). This off -premises sign will be used for "Westminster Canterbury" only and no other signage will be allowed on this site (See illustration 1). The current sign face size of fifty (50) square feet shall not be increased in size, and the current sign height of fifteen (15) feet shall not change. This proposed sign meets the distance requirements for signage, as noted within the Frederick County Zoning Ordinance STAFF CONCLUSIONS FOR THE 07/02/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. Sign shall be properly maintained. 2. This illuminated off -premises business sign shall not exceed 15 feet in height and 50 square feet in face area. 3. Only the Westminster Canterbury sign shall be on this sign structure. 4. Any expansion or modification shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/02/08 MEETING: The applicant's representative, Mr. John Lewis of Painter -Lewis, P.L.C., explained this situation has come about as the result of two land owners entering into an agreement to sell their properties to CVS Pharmacy; CVS Pharmacy will combine four lots and eliminate the Bubbleworks buildings. The zoning ordinance allows only one business sign per parcel. CUP #05-08, Bubble Works October 1, 2008 Page 3 Mr. Lewis said changing the status of the Westminster -Canterbury sign to a legally conforming off -premise business sign will allow his client the opportunity to put another business sign on the parcel. One citizen spoke during the public comment portion of the hearing. Mr. Norman Sites, C.P.A., was representing two existing businesses in this area that were opposed to having CVS Pharmacy locate here or to place a sign here because it would change the business character of the community. Mr. Sites pointed out that his clients' signs were here first and the Westminster - Canterbury sign is grandfathered. He added that his clients' businesses, as they are currently conducted, will fail because they will not be able to withstand this type of change in business character. No issues were raised by Commission members. The Planning Commission unanimously recommended approval of the conditional use permit with the following conditions: 1. The sign shall be properly maintained. 2. This illuminated off -premises business sign shall not exceed 15 feet in height and 50 square -feet in face area. 3. Only the Westminster -Canterbury sign shall be on this sign structure. 4. Any expansion or modification shall require approval of a new conditional use permit. (Note: Commissioners Thomas and Ours were absent from the meeting.) 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. Location Map Conditional Use Permit CUP # 05 - 08 Application Bubble Works Parcel ID: 53-4-2-D Map Features O Hamlets Q Subject Property • Buildings 0 Lakes/Ponds Streams • • Location in Surrounding Area � � 8 © Case Planner: Mark R/VFNOF[-� �.. * Aerial Map Cr G°NT► < w ,"'i� "o�= Conditional Use '42: A 198n Permit WINSTONE LLC g,F` CUP # 05 - UH „ t ♦ 42 A 198H 'r i-- Application o� WINSTONE LLC$ 'T,, 522 :{ 42 ' k 198P Bubble Works WINSTONE LLC 42 A 1980 4 Y o 4iL} WINSTONE LLC r „q Parcel ID• 53 - 4 ' 2 - D 53A A 1 N C �SnNq PATEL:GIRli—I NITILAG , Map Features 53D 3 3 53D 3 1 NF, O Hamlets YPLLC YPLLC ��� FQKn/� \\ j Q Subject Property �Q F 522 95 Lakes/Ponds Streams h 3 x �y 531) 3 ! o m \\ 'f MP LLC 'r J '' 0,4 ♦ `'''^ .. r �e pJ • �,. � ��c H�FRSJq- ��O � ,n i aFRgN �R 53a 2c`C CFSq FNy[�IS7Jaq Z MP LLC w ✓q 53 AA �SUNNYSIDEPRO PERTIESLLC Location in Surrounding Area l /NSe� ry �r• 'LACE 1? Case Planner: Mark Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\2008\BubbleWorks_CUP0508_053008.mxd) 5/30/2008 -- 3:46:37 PM • ��� � J�"'�� �� Submittal Deadline 0 P/C Meeting 17 BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner c/ other) ntQ P� -- ---- ---- ADDRESS: 8_1.1 War Crtek _Qra e a Wim—mi6r. LIA aawt TELEPHONE.: Jq-0 - Li U3 - S7q a _.. 2. Please list all owners, occupants, or parties in interest of the property: J-EM to _-_ -— -- --- �, The property is located at: (please give exact directions and include the route number of your road or street) acfion__olJ ice_ 5a a I� o ��h I� o r �ec� and R04C 15IR (VjeAmLr1Sftr-C,0d-e*-buN Div') 4 6. The property has a road frontage of 31 •9 -.1� feet and a depth of feet and consists of 0 . is 1 acres. (Please be exact) The property is owned by V Url t 1 L fi-om,HryvC.S. ►A ; virl recorded C as evidenced by deed (previous owner) in deed book no. ,-)Qo 3 on page g_bqg, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. Tax (Parcel) Identification No. (.P.IN.) N/ agisterial District 5fOYVfoWW Current Zoning MAY 30 = 46 1 T Adjoining Property: USE p North (1,6 I{'�E'(x East UC1 CQ!2-t_.....___—__ South —fir�G' ._ West%!f�% ZONING 8, 13 The type of use proposed is (consult with the Planning Dept, before completing) 9. It is proposed that the followbig buildings will be constructed: N©' L r cCt b le . ...... ............ __._ 10, The following are all ol. 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# �j3 q "._3 "" D I NAME Umpri_UG'roOI"l..°-Fvjct-me6 PROPERTY ID# E53A -A � ADDRESS IN A Bru Wi wjy—,A� VA Da t,01 ADDRESS 517G.._.._Px��r I���a._ S-k-pPhcns 6,N - NAivlrDDRrSs'S.C��1 ' hens C6. vTq PROPERTY ID# 63A - A -G NAME Pehh im,}. IJt_I_ PROPERTY Ill#���� � NAMP, BmhcA m, W. V I I 1 Iry PROPERTY ID# 53D - 3 " L-1 N AM F, PROPERTY ID# 5 A " C ADDRESS Cr f1DDR> SS ftedex1U6 MQJ LaO 'TWS pD x -3W WmC1tjk1; Ux PID 109 ,ADDRESS -i13�� � -'j)Q -Alt.--5k 1p30 • NAME PROPERTYID#_91- A NAME PROPERTY -IDfl--53B- S-La--- NAME. . ................................... PROPEUR FY lD#--- NAME PROPERTY TDfl. NAME PROPERTY lD# NAME PROPERTY iry NAME. .. . .............. .. . ............. . .. . . PROPERTY tDfi NAME PROPERTY TD# . . ....... . ... ............................. . .. NAME PROPERTY NAME PROPERTYID# _._....._..__._..........._-_- NAME PIZ OPEP,:fY ID11-- NAME PROPET:fY ID# ADDRES'S I60 'R411-AVC 5, S}C2-10 Maplc5i FL 3q/O-,--l- ADDRESS uVj'nchcsfev-, VA ?Q(vO, ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ,ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS • 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. see Q-Hac- ed eM b%f -------'WESTMINSTER CANTERBURY DRI E I I S w V , 1 o to I I m I I j z n .__ .... ._.._.._.........., D C z ,I I m w c ® I II I I I U) •o. ® � ..�., I I I z ® I I o I � I z I can o II z fTl I z D _� II z D cn I� II z r c� r I z m p X z .---. I I I I c� z • I I I) I I Ij I� I � I I j I II PR PAINTER-LEWIS, P.L.C. PROJECT: PURVEY: NSA 817 Cedor Creek Grode, Suite 120 OFF —PREMISE BUSINESS SIGN DRAWN BY: JOB NO.: Winchester, Virginio 22601 WESTMINSTER—CANTERBURY JCL 0803001 Telephone (540)662-5792 PROPOSED SIGN LOCATION PLAN SCALE: DATE: Facsimile (540)662-5793 FREDERICK COUNTY. VIRGINIA 1-=40.0' 05/22/08 CONSULTING SHEET: ENGINEERS Email office®painterlewis.com � Exhibit 5 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 OIoZ `14" Angr'o-- Z>? Owners' Telephone No. _ ray-�T�6 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.u.s Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By Those Present: That I (We) (Name) pper �5� ILC, (Phone) (Address) � �� - � tJt (ice l�r � ve (t ? r ��C 11 � 5 /f r"; V�1 a� (e, 0 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. Oil Page , and is described as Parcel: D Lot: 2 Block: y Section: 53 Subdivision: do hereby make, constitute and appoint: (Name) Pa I Of'r - Lewis F t �' (Phone) (Address) I C'f'UCar Creep C���rad -, SuJe DO, Uyin(,otsler `o 1- (ooi To act as Illy true and lawfi►l attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) _ Subdivision Site Plan Variance or Appeal Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal tliis day of Yh_ 6k- _, 200 �r Signature(s) 3 Statc of Virginia, City/Count} of To -wit: 1, JO 1 LA_ Fr i -e5 a Notary Public in and for the jurisdiCttoii ., aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 0 a clay of ILIA2001L. IS39�q My Commission Expires: N ry P*Fk9 Revised 3/17/08 NENTAL 607.9797 Ak_ . Proposed Business Sign Existing Business Sign 44 WESTMINSTER r CANTERBURY .-- RETIREMENT COMMUNITY gubbleworks Car Wash f=. R I Existing Business Sign V Y AFW • SITE�� Y - i • SITE Amomw a� CONDITIONAL USE Raw -7 PUBLIC HEARING ail Board Room JfI Frederick Count 0,, -,;Wl Administration Building 04: 665-5651 4�tl Ire slip rk Oro J A _ALh;' Sth t4ll� dr Ar Ir 'Art iow c� co CONDITIONAL USE PERMIT 905-08 aw4� �ti� BUBBLE WORKS w Staff Report for the Planning Commission w% Prepared: June 13, 2008 x ,n Staff Contact: Mark R. Cheran, Zoning Administrator 738 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: 07/02/08 Pending Board of Supervisors: 07/23/08 Pending LOCATION: This property is located at the intersection of North Frederick Pike (Route 522 North) and Westminster -Canterbury Drive (Route 1318). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53-4-2-D PROPERTY ZONING & PRESENT USE: Zoned: B-2 (Business General) District Land Use: Commercial ADJOINING PROPERTY ZONING & USE: North: B-2 (Business General) Land Use: Commercial South: B-2 (Business General) Land Use: Commercial East: B-2 (Business General), RP (Residential Performance) Land Use: Commercial/Residential West: B-2 (Business General) Land Use: Commercial PROPOSED USE: This application is for an off -premises sign. CUP #05-08, Bubble Works June 13, 2008 Page 2 , REVIEW EVALUATIONS: PlanninjZ and Zoning: The Frederick County Zoning Ordinance allows for off -premises signs with an approved Conditional Use Permit (CUP). The Frederick County Zoning Ordinance specifies that when considering an off -premises business sign, additional performance standards should be considered to promote orderly economic development. These performance standards are to ensure that residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted. In addition, standards shall include: height and size limitations of signs, placement of signs along highway corridors, and illumination of signs to mitigate any negative impacts to adjoining properties and uses. This off -premises business sign is illuminated; standing approximately fifteen (15) feet in height with sign face area of approximately fifty (50) square feet. The sign will be located on property that is adjacent to-N. Frederick Pike (Rt.522). There are currently two (2) business signs located on this sign structure reading "Westminster Canterbury" and "Bubble Works" (See illustration by applicant). This off -premises sign will be used for "Westminster Canterbury" only and no other signage will be allowed on this site (See illustration 1). The current sign face size of fifty (50) square feet shall not be increased in size, and the current sign height of fifteen (15) feet shall not change. This proposed sign meets the distance requirements for signage, as noted within the Frederick County Zoning Ordinance STAFF CONCLUSIONS FOR THE 07/02/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. Sign shall be properly maintained. 2. This illuminated off -premises business sign shall not exceed 15 feet in height and 50 square feet in face area. 3. Only the Westminster Canterbury sign shall be on this sign structure. 4. Any expansion or modification shall require approval of 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. V 06-26-2008 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 24, 2008 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #05-08 FOR BUBBLE WORKS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 8, 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 #05-08 for Bubble Works, submitted by Painter -Lewis, PLC, for an Off - Premise Sign. This property is located at the intersection of North Frederick Pike (Route 522 North) and Westminster -Canterbury Drive (Route 1318), and is identified with Property Identification Number 53-4-2-D in the Stonewall 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 regardingthis application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, .. ,14ark R. Ch an Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 This is to certify t i t _-�11e attached correspondence was mailed to the following on 8-S( from the Department of Planning and Development, Frederick County, Virgins --- -- -. - — (-- 42 - A- .198-H -- 53 4- 2- 0 — I WINSTONE LLC UPPER CRUST LLC 112A BRUCE DR 1100 FIFTH AVE S STE 210 -WINCHESTER VA 22601.4213 NAPLES FL 34102.6407 — 53B - 5- . 11-B - Painter -Lewis PLC -- - - HARVEST COMMUNITIES INC � 147 CREEKSIDE LN WINCHESTER VA 22602.2446 817 Cedar Creek Grade, Ste. 120 _ _ Winchester, VA 22601 — — Girish Patel 53A . A- - 6- 2 Triple Crown. Ct. UNGER VERNON B & FRANCES A Gaithersburg, 14D 20878 5179 BARLEY DR STEPHENS CITY VA 22655.2606 I - j 53D - 3- - 1- ll MP LLC 1205 CAROLINE ST WINCHESTER VA 22601 1 53 - A 52 E SUNNYSIDE PROPERTIES LLC I 4733 BETHESDA AVE STE 630 BETHESDA MD 20814.5250 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK. I, , a Notary Public in and for the State and County aforesaid, do reby certify that Wirk R. Cheran, Zoning & Subdivision Administrator for the DepartiyenLt o Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State sand County aforesaid. Given under my hand this , day of My commission expires on (c) BEVERLY H. DELLINGER ` NOTARY ID # 331878 NOTARY COMMONWEALTH OFIVIRGINIA NOTARY P LIC MY COMMISSION EXPIRES JULY 31, 2011 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 20, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #05-08 FOR BUBBLE WORKS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, July 2, 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 #05-08 for Bubble Works, submitted by Painter -Lewis, PLC, for an Off - Premise Sign. This property is located at the intersection of North Frederick Pike (Route 522 North) and Westminster -Canterbury Drive (Route 1318). and is identified with Property Identification Number 53-4-2-D in the Stonewall 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, 5<h an'' "' A Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to ceqify tha the attached correspondence was mailed to the following on O t� � fi-om the Department of Planning and Development, Frederick County, Virginia. 53 4- 3- D-1 42 A• -198-H UPPER CRUST LLC WINSTONE LLC 112A BRUCE DR 1100 FIFTH AVE S STE 210 WINCHESTER VA 22601.4213 NAPLES FL 34102 6407 `-;John C. Lewis, P.E. --- 53B -5- - 11-B Painter -Lewis, P.L.C. HARVEST COMMUNITIES INC 116 S. Stewart St. 147 CREEKSIDE LN WINCHESTER VA 22602.2446 Winchester, VA 22601 - _ - - - 53A - A. - 6. Girish Patel UNGER VERNON 8 & FRANCES A I I 2 Triple Crown. Ct. 5179 BARLEY DH Gaithersburg, MD 20878 STEPHENS CITY VA 22655.2606 53D - 3- - 1 MP LLC 1205 CAROLINE ST WINCHESTER VA 22601 j 53 -A- - 52-E SUNNYSIDE PROPERTIES LLC 4733 BETHESDA AVE STE 630 I BETHESDA MD 20814-5250 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNT' OF FREDERICK i a Notary Public in and for the State and County aforesaid, do h&by certify that Mar1/R. Cheran, Zoning & Subdivision Administrator for the Departm •nt of P a ing and Development, whose name is signed to the foregoing, dated �-O E> , has personally appeared before me and acknowledged the same in my State and County aforesaid. �J Given under my hand this CM,:& day of 00 My commission expires on BEVERLY H. DELMAR ` _ NMARY ID # 331678 �&mj W1T'ArtY PUBLIC NOTARY P LIC COMMONWEALM OF VIRGINIA MY COMMISSION EXPIRES JULY31,2011 06/13/2008 15:23 5406625793 PAINTERLEWIS PAGE 02/03 0 0 7. Adjoining PrQr')Crt.)r: USE ZONING North East SOL11-1) 9,2 West Avz&!n / /Wr4a;v"A. !a2j_9P__ S. The type Of use IVOI)OSC(I is (C01180-h with. (he -Planning Dept. before completing) . ............ ...-,..,.,.,.......I-- ......... ........... 9, It is proposed that the fblJovving buildings will be-constructect: . I . ... ... . ... ...... ............... ...... . .............. 1.0. "I'lle IbIlowing are aII of the individuals, firms, or corporationsowning property a(ijjacent to both sidles findrcar and in. front of (across street front) the property where ffie roquested Use will be oonclucted. (Cont-in.L10 on back if necessary.) J people will be notified by 11-mil of this application: NAME NAME e r f..rw jp cif .,_ . PROPERTY ......... ........ ... ... NAME_U_6� PROPERTY -,A -5 PROPER"I"Y I.D# S-Ip - 3- 1 NAME PROPEWFY NAME, PROPERTY T.D# ADDRESS � VIA. ZZ40 ADDRESS 5 1 ADDRE3.3 sn ai sev_s4 .......... . . . . .. . . ................. . . . .. .............. !�TVVK-� Cfl,( , V/,4. 22 A.DDRl7-8S'._j4o_5.. CA* \( A. lze.,, i ADT)RT..,,SS IZaSC. VA. Z2/,61 ADDRESS 47 B 9,�e_ 30 06/13/2008 15:23 5406625793 PAINTERLEWIS PAGE 03/03 NAME WtA r E U. L ADDRESS.- movwj.-y ]�51 �L 3q 16Z- NAM pr ADDRE !,8S, 1411 es ea mol--)T-,,IZ-FY I.Ixt Wi-AJU4e/, VA. 7-:2CoZ NAME -'pm ADDRESS PROPERTY ID4 53A - _I NAME; AD.DRBSS PROPERTY 1.DO NANdE ADDR.r,,.SS .......................... . . ... . ... . . . .......... NAME AJDD.RF-,SS PROPERTY ID-8- NAME PR,OPE.R:r)'ID# NAME ADDRE-S8 PROPERTYID# NAME, AD D T� F--, SS PROPERTY ITYP NAME ADDRESS PROPEWIT ID# NA.NME ADL)jZE$S PRORE'RTY ID# . ... . ...... .......... . .. . ............. . . NAME ADDRESS PROPER.'J"Y ID-11 p aF._..._.._ n O�C/ih��•°�c,P ' 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 conclucted. (Continue on back if necessary.) These people will be notified by mail of this application: NAMEI)Dnet Carus+ LLC PROPERTY ID# 53 - L{ - 3 -D 11/ NAMEVernOn__? _ flrr� PROPERTY ID# 53A - A-- Z NAME( x�}rrTV�Yno_n E 1r1c.C� PROPERTY ID#63A - A -G NAME k aH- V I It. NUSI PROPEFUY ID# 53V - 3 - I NAME Bch gym, H . III PROPERTY ID# 53D - 3 - `4 ADDRESS l I'a A J3rUCC W 1 ry_Wk , VA a a COI ADDRESS 5F1Cj N1v11e : cPhens CjN .'VA ad bS- ADDRESS S11gl� 5t��hens Giy v a a c�ss- ADDRESSFredel-rCiC M&O l-an(J TIWS4 Wi p ter. VA a -1eC4 ADDRESS � ' IC1L Mad,Twsi ,p. 150x 36? Wf ochak-r, VA RD (t-,04 NAME r� p nP rS ADDRESS }-[3� rL sc Q Ave 630 PROPERTY ID#J�� -SaE ✓ behesc�a' �D DOR I Ct-P D5-og 3 u.BaLC vv asks TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. 7Please � i t sets of labcby THANKSP NAME DDRESS I I ba 1 t h Ue- 5, S}c2-10 PROPERTY ID# q - A - Pq ? N ✓ Kbples FL 3 q IOa NAME14arVCA CofflMffilflO Inc PROPERTY ID# 53P - S -- We __ v ADDRESS 1q j CVCC.k5(C1e Cr). Mhchc-- ev', VA a s Ia01"� NAME PROPERTY ID . A,VDRESS Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 540-662-5792 office(d)painterlewis. com June 24, 2008 Mr. Mark Cheran Frederick Co. Dept. of Panning & Development 107 N. Kent Street Winchester, VA 22601 RE: CONDITIONAL USE PERMIT APPLICATION BUBBLE WORKS — NORTH FREDERICK PIKE Dear Mr. Cheran, In regards to our conversation earlier today, I am writing this letter to inform you that we concur with your recommendation for the above referenced project. As you advise, we will proceed with the Planning Commission review of the Conditional Use application and hold off on presentation to the Board of Supervisors review to coincide with the upcoming application. Please do not hesitate to contact this office if you would have any questions or need additional information. ncer J+ F Engineering Admin. Assistant PAINTER-LEWIS, P.L.C. Enclosure J U N 2 4 2008 JOB NUMBER 0803001 . 9 Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 540-662-5792 otfice@painterlewis. com May 29, 2008 Mr. Mark Cheran, Zoning Administrator Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: CONDITIONAL USE PERMIT APPLICATION BUBBLE WORKS — NORTH FREDERICK PIKE Dear Mr. Cheran, Enclosed, please find a check for the additional $250.00 required for the above referenced application fee. I apologize for any delay this may have cause in processing the application. Please do not hesitate to contact this office if you would have any questions or need additional information. Sincer � ,i I Fr' s Engineering Admin. Assistant PAINTER-LEWIS, P.L.C. Enclosure JOB NUMBER: 00803001 h; r �; r :t s*• 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 540-662-5792 office(cr_painterlewis. com May 27, 2008 Mr. Mark Chearn, Zoning Administrator Frederick Co. Planning Department 107 N. Kent Street Winchester, VA 22601 RE: CONDITIONAL USE APPLICATION BUBBLE WORKS — NORTH FREDERICK PIKE Dear Mr. Cheran, Enclosed, please find for your review and comment a Conditional Use Permit application packet. We are requesting a conditional use permit for an existing sign on the parcel identified as TM#53-4-2-D. As part of a consolidation of four lots, the existing sign is legally non- conforming. This application is to bring the sign into compliance and allow a sign to be erected on the premise of the consolidated lots, for the proposed use. The application packet includes the following: • An application with fee check, sign deposit and Special Limited Power of Attorney. • Exhibit 1 — site location. • Exhibit 2 — pictures of the current and proposed signs. • Exhibit 3 — site aerial. • Exhibit 4 — site aerial. • Exhibit 5 — a drawing showing the proposed sign location maintaining the required minimum distance of 100' between signs. Please do not hesitate to contact this office if you have any questions or require additional information. cerel , JJiFres PAINTER-LEWIS, P.L.C. Enclosure JOB NUMBER: 0803001 0 0 cc: Mr. John Trenary — 2 copies Frederick Co. Inspections Mr. John Schroth — 2 copies Colony Realty Mr. Charles J. Miller — 1 copy Upper Crust, LLC Mr. Jim Martin — 1 copy JEM Development JOB NUMBER: 0803001 i .-MAY 2 t T(!OB INITIALS DATE & TIME Candice AMIL Angie Mark Dana Eric Mike John Amber - COMMENTS: by (Date &Time) U:\Pam\Common\Document Approval Form.wpd