Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06-06 Horton Investment LLC Green House & Showroom - Opequon - Backfile
• NOTES Date: Q File opened 06 Reference Manual updated/number assigned 4 D(o D-base updated 0 (o One location map requested from Mapping Dept. Four sets of labels requested from Data Processing i F given to Renee' to update Application Action Summary CLOSE OUT FILE: OG(o Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's 9 q( File stamped "approved", "denied" or "withdrawn" Reference Manual updated ql� V DC D-base updated q File given to Renee' for final update to Application Action Summary 6�s u \Carol\Common\Tracking sheets\CUP.TRK Revised 12/19/02 CHARGE CARD FORM Name Phone s�0 (9 (9 as If Company Name �A 6 6 }OAS Address _ 903 Cp- c Cr-, Q, G r e` & City, State, ZipCode �5 �� ZZ 6C) I Card Type Exp. Date 09 v Card#6'4-1-� 5810 ' 301 00tl Signahzt Da\A �lf Please Acc ayment for the following fee(s) by credit card as noted below: () Item BucLyet Amount Code Booklets & Maps PCO1 $ Description ' Proffers Rbodside Estates II 1013H $ Saratoga Meadows l OBQ $ Valley Mill Estates 1 OCC $ Briarwood Estates II - IX 1 OCN $ Sign Deposit 1095 $ Applications 4.j0 ,-*tI'5G /tom v ZASP $ 1 a � 00 Zoning & Subdivision Ordinance PCO2 $ Sale of Amendments (Zoning/Subdivision ord.) PCO2 $ Sale of GIS Material 10 DL $ Subtotal $ 1. 9 4 % card user fee + o� Total A�=%pd $ 1 a • H 3 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL July 12, 2010 Horton Investments Attn: Mr. and Mrs. James Horton 908 Cedar Creek Grade Winchester, Virginia 22602 RE: 2731 Front Royal Pike Property Identification Numbers (PIN): 76-A-62, 61 and 65 Zoning District: RA (Rural Areas) Dear Mr. and Mrs. Horton:` This letter is to inform you that you are in violation of Conditional Use Permit (CUP) #06-06, approved by the Board of Supervisors on September 27, 2006. The approval of this CUP was for the property noted by PIN: 76-A-62. Staff visited the property and has determined that you are in violation of the conditions placed on CUP # 06-06. In accordance with Section 165-103.01 of the Frederick County Zoning Ordinance, any land use that is listed by Conditional Use Permit for the zoning district shall be approved by the Board of Supervisors. You have expanded your retail nursery business to adjoining properties PIN: 76-A-61and 65. The property noted as 76-A-61 is being used for storage of plantings and trees and was not included with the approved CUP. The property noted as 76-A-65 along Fries Loop Road is being used for storage of products and was not included with the approved CUP. The expansion of this retail nursery is a violation of Condition(s) 1, 2, and 6 as set forth by CUP # 06-06. This office will allow thirty (30) days from receipt of this letter to resolve these violations. Specifically, resolution of these violations may be accomplished by submitting an application for an expansion of CUP# 06-06 for this property and the adjoining properties. Failure to comply with the Code of Frederick County will result in a criminal complaint being filed against you. You have the right to appeal the above notice of violation within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article NM, Section 165-1001.02, of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing fee ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Page 2 Mr. & Mrs. James Horton Re: 2731 Front Royal Pike July 12, 2610 a public hearing decision before the BZA. . I have included a copy of the approval letter, listing the conditions placed on CUP #06,06, for your review. Contact me regarding any questions that you may have at (540)' 665-5651. Sincerely, �Mk.Cheran Zoning Administrator Enclosure MRC/dlw cc: Gene Fisher, Shawnee District Supervisor bcc: Lawrence R. Ambrogi and H. Paige Manuel, Shawnee District Planning Commissioners FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 September 28, 2006 Mr. and Mrs. James M. Horton 908 Cedar Creek Grade Winchester, VA 22601 RE: CUP #06-06 for Horton Investment, LLC Property Identification Number 76-A-62 Dear Mr. and Mrs. Horton: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 27, 2006. The Conditional Use Permit 406-06 for a retail nursery was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by, Frederick County prior to business activities. 3. One (1) non -illuminated freestanding business sign shall be allowed on the property; the sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed ten feet in height. 4. The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance and the driveway that adjoins Fries Loop Road (Route 760) shall be the exit for accessing Front Royal Pike (Route 522). 5. Eighteen employees are permitted between the months of April, May and June; while the remainder of the time, the site shall have no more than six employees. 6. Any change or expansion of use will require a new Conditional Use Permit. 7. Establish a 25-foot full landscaped buffer against any adjoining residential lots. 8. Storage of heavy equipment will take place within the greenhouse. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. and Mrs. James M. Horton Re: CUP #06-06, Horton Investment, LLC September 28, 2006 Page 2 If you have any questions.regarding this action, please feel free to call this office. Sincerely, -ea-"- ' - 7 Kevin T. Henry"' Planning Technician KTH/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot and Robert A. Morris, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue ■•Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Horton Investments Mr. & Mrs. James Horton 2731 Front Royal Pike Winchester, VA 22601 A. X ❑ A dressee B. Received by ( Pri t d ame) C. Date of Delivery S' -j a-o£S D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Atertified Mail ❑ Express Mail ❑ Registered AO -turn Receip� ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Article Number (Transfer from service label) 7006 2760 0003 4407 4578 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • coa� Frederick County W Dept. of Planning and Development 107 N. Kent Street w- Winchester, VA 22601 A'l /QC_ MAY 1 3 SOB ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print you. name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Horton Investments Mr. & Mrs. Janes Horton 908 Cedar Creek Grade Winchester, VA 22602 A. Signat X .Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery C9,e14P,( Po st= £ A} S- . / O CG Y D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered eturn Receipt ❑ Insured Mail ❑ C.O.D. 4. Re§tricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (transfer from service labeo 7006 2760 0003 4408 3891 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box •, Frederick County w e Dept. of Planning and Development 107 N. Kent Street Winchester, VA 22601 MAY 12 = • • n Postal MAIL-,. RECEIPT C. (DomesticCERTIFIED b C O Postage $ 51 Og Certified Fee 1�1 Return Receipt Fee Postmark O (Endorsement Required) Here O 1-3 Restricted Delivery Fee (Endorsement Required) 0 .n Total Postag Horton Investments fU Sent To Attn: Mr. and Mrs. James Horton -D OStreet, Apt. No 2731 Front Royal Pike or PO Box No. r` CitySiare,z�F Winchester, Virginia 22602 ..... :rr rr. delivery information COFor visit our-website at www.usps.com,, m CO O Postage $ 5I q 0 8" Certified Fee m Return Receipt Fee Postmark Here O (Endorsement Required) O O Restricted Delivery Fee (Endorsement Required) O -0 Total Pos rua Horton Investments Sent To -a ------------Attn: Mr. and Mrs. James Horton C:] Street, Apt. ----------- PO Box 908 Cedar Creek Grade 0 or f- City State ; Winchester, Virginia 22602 --------- PS Form :00 • • 8 FIECOPY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL May 9, 2008 Horton Investments Attn: Mr. and Mrs. James Horton 908 Cedar Creek Grade Winchester, Virginia 22602 RE: 2731 Front Royal Pike Property Identification Number (PIN): 76-A-62 Zoning District: RA (Rural Areas) Dear Mr. and Mrs. Horton: This letter is to inform you that your Conditional Use Permit (CUP) 406-06, approved by the Board of Supervisors on September 27, 2006, is being scheduled for revocation at the earliest public hearing date due to violations of the conditions placed on CUP # 06-06. You will receive further notice from this office in regards to the time and location of this public hearing. In accordance with Section 165-21 of the Frederick County Zoning Ordinance, the Board of Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the Conditional Use Permit. On April 28, 2008, staff visited the property in regards to violations of conditions placed on CUP # 06-06, and noted the following violations: Violation 1: County records note that the Frederick County Health Permits have not been issued for the health system and well on this property. Violation 2: Violation of the approved site plan: outdoor storage located in the front of the property and not located in the rear of the property or within the greenhouse. I have included a copy of the approval letter, listing the conditions placed on this CUP, for your review. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, ar R. Cheran Zoning Administrator Enclosure MRC/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL May 9, 2008 Horton Investments Attn: Mr. and Mrs. James Horton . 908 Cedar Creek Grade Winchester, Virginia 22602 RE: 2731 Front Royal Pike Property Identification Number (PIN): 76-A-62 Zoning District:' RA (Rural Areas) Dear Mr. and Mrs. Horton: This letter is to inform you that your Conditional Use Permit (CUP) 406-06, approved by the Board of Supervisors on September 27, 2006, is being scheduled for revocation at the earliest public hearing date due to violations of the conditions placed on CUP # 06-06. You will. receive further notice from this office in regards to the time and location of this public hearing. In accordance with Section 165-21 of the Frederick County Zoning Ordinance, the Board of Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the Conditional Use Permit. On April 28, 2008, staff visited the property in regards to violations of conditions placed on CUP # 06-06, and noted the following violations: Violation 1: County reeords note that the Frederick County Health Permits have not been issued for the health.system and well on this property. Violation 2: Violation of the approved site plan: outdoor storage located in the front of the property and not located in the rear of the property or within the greenhouse. I have included a copy of the approval letter, listing the conditions placed on this CUP, for your review. Please contact me regarding any questions that you may have at (540) 665-5651. .Sincerely, MRC/dlw bcc.: Gene Fisher, Shawnee District Supervisor Lawrence R.:Ambrogi, H. Paige Manuel, Shawnee Planning Commissioners 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 FILE COPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 September 28, 2006 Mr. and Mrs. James M. Horton 908 Cedar Creek Grade Winchester, VA 22601 RE: CUP 906-06 for ]Horton Investment, LLC Property Identification Number 76-A-62 Dear Mr. and Mrs. Horton: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting.on September 27, 2006. The .Conditional Use Permit 406-06 for a retail nursery was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by, Frederick County prior to business activities. 3. One (1) non -illuminated freestanding business sign shall be allowed on the property; the sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed ten feet in height. 4. The driveway along Front Royal Pike (Route 522) shall be strictly, limited to an entrance and the driveway that adjoins Fries Loop Road (Route.760) shall be the exit for accessing Front Royal Pike (Route 522). 5. ,Eighteen employees are permitted between the months of April, May and June; while the remainder of the time, the site shall have no more than six employees. 6. Any change or expansion of use will require a new Conditional Use Permit. 7. Establish a 25-foot full landscaped buffer against any adjoining residential lots. 8. Storage of heavy equipment will take place within the greenhouse. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. and Mrs..James M. Horton Re: CUP #06-06, Horton Investment, LLC September 28, 2006 Page 2 If you have any questions.regarding this action, please feel free to call this office. Sincerely, �e2�-�z Kevin T. Henry Planning Technician KTH/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot and Robert A. Morris, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue • 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING September 13, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #06-06 HORTON INVESTMENT LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 27, 2006, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit 906-06 of Horton Investment LLC for a Green House and Showroom. This property is located at 2731 Front Royal Pike (Route 522), and is identified with Property Identification Number 76-A-62 in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, Kevin T. Henr Planning Technician KTH/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 a h 0 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia:-------_---- " 76 - A- • 62- - - - - 76 • A- - 6 - HORTON INVESTMENTS, LLC CLEM, ES LOT R JR 908 CEDAR CREEK GRADE 171 FRIES LOOP RD WINCHESTER, VA 22601 WINCHESTER, VA 22602.4821 i �\ t l ' J 76 -A- - 61- SNIDER, GALEN E & SANDRA B , 2751 FRONT ROYAL PIKE WINCHESTER, VA 22602.4829 76 A- - 60-A RITTER, RICHARD E SR 141 GEMSTONE DR WINCHESTER, VA 22602.4830 - - 76 A- - 59.1 HUFFMAN, TIMOTHY N & MCDANIEL, BRENDA K 200 GEMSTONE OR WINCHESTER, VA 22602.4831 76 - A- - 104- STROSNIDER, DONALD L ETALS 313 KNIGHT DR WHITE POST, VA 22663-1724 76 - A- - 104-C WAHL, DEREK I 155 FRIES LOOP RD WINCHESTER, VA 22602-4821 STATE OF VIRGINIA COUNTY OF FREDERICK 1�e`'- - Kevin T. Henry, Pl ing Technician Frederick County Planning Dept. I, , a Notary Public in and for the State and County aforesaid, do hereby certify that Kevin T. Henry, Planning Technician for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC HEARING August 23, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #06-06 HORTON INVESTMENT LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 6, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #06-06 of Horton Investment LLC for a Green House and Showroom. This property is located at 2731 Front Royal Pike (Route 522), and is identified with Property Identification Number 76-A-62 in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, Kevin Planning Technician KTH/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify h the attached correspondence was mailed to the following on i75-�AZ, from the Department of Planning and Development, Frederick County, Virginia: - - - - - 76 - A- - 63- 76 A• - 62- CLEM, ERNEST R JR HORTON INVESTMENTS, LLC 171 FRIES LOOP RD 908 CEDAR CREEK GRADE WINCHESTER, VA 22602.4821 WINCHESTER,VA 22601 t SNIDER, GALEN E & SANDRA B 2751 FRONT ROYAL PIKE OU) 0-/'� WINCHESTER, VA 22602.4829 76 - A- 60-A RITTER, RICHARD E SR 141 GEMSTONE DR WINCHESTER, VA 22602.4830 76 - A- - 59-1 HUFFMAN, TIMOTHY N & MCDANIEL, BRENDA K 200 GEMSTONE DR WINCHESTER, VA 22602.4831 76 - A- - 104- STROSNIDER, DONALD L ETALS 313 KNIGHT DR WHITE POST, VA 22663.1724 76 - A- -104-C WAHL, DEREK 155 FRIES LOOP RD WINCHESTER, VA 22602-4821 STATE OF VIRGINIA r i�i Kevin T. Henry, P nning Technician Frederick County Planning Dept. I, � �/ (% _� , a Notary Public in and for the State and County aforesaid, do reby certify that K in T. Henry, Planning Technician for the Department of Planni g 7606 Development, whose name is signed to the foregoing, dated i�, has personally appeared before me and acknowledged the same in my Stat and County aforesaid. Given under my hand this nGL day of 6�'R 006 My commission expires on NOTARY PUBLIC (/ C �iC-� C� 'D(o • TO: BARBARA- DATA PROCESSING p , ( J�� �� FROM: BEV Planning Dept. /� � ,k / Plea7mki� by `/u '76 � -6 4 ANKS 8. The typeof use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: up hn�� - � ��w Room 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 JL� /7Ieg h ADDRESS r / PROPERTY ID,I& 7& A - % 1 / 1 NAME R_ ADDRESS �1� I C,� rr, PROPERTY ID# D M 7(e A- (off VA a � i)?p��3. 1, rn c t' I ADDRESS �� � PROPERTY IDI 7/N QVe,� l ?(NAME Y, , r' I DRESS � � S-�~ r .� c,(-� , Via. U �, I ?� K n : oh�T- �, � D.� - 6 , ram. t�� PROPERTY ID# 7Af 7G- " 10� 4 NAME 141194 _ r e — ADDRESS /1 'S `j' 1(' �' S LZDP P0-' PROPERTY IDI ;rAf 76 -19 - /011G `L� i'1Gl.�.s-� el^ v4 ')06vZ NAMEFRm4 R. (,hem JR. ADDRESS l% r)e) e S &0 lo PROPERTY ID, �Ttl /� �i3 ��'n CA /� V'4 2x a -yg2/ N vim �n�,•, �.-. - ADDRESS PROPER"'-- "' " -6:Y" NAME ADDRESS PROPERTY IDS` % C� Y `76-q-SIB-____ 69 ZtJ ' f r �\ 0 TO: BARBARA-DATA PROCESSING /i% l t �-� `�� �� if FROM: k_6____.D(�T�HANKSb! ning ept. �� Plense printsets o G/LI `76 4 -6� �- 8. The type of use proposed is (consult with the Planning Dept. before completing) - 9. It- is. proposed•.that: the. following: --buildings will be e,p hove -4---- Shdw doom 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 C_!je i� i�/Q�./ a & ADDRESS , PROPERTY IDf& 26 A-6,/ NAME j} ', n k a, -d P • SR ADDRESS PROPERTY ID# 711 -6r0,f l I w', Y)CJ-e. s4e-1 VA a ,� WAME 1+"YY►��'%1 55t,4 ADDRESS QM1^- �� �•� -PROPERTY ID# TM ?k-R-5"71 �'rC�RS4VA a-?&32 I�NAME r [)Sh � A Ka l �4DREsS PROPERTY ID# D7N %G %/' /®1/ NAME W4 l�_� P ADDRESS PROPERTY ID# %/ti/ 7 ,V - /OVC- S P s Lea Ro- (->',1')CkCS4-ems V4 46()z NAME ARges� 7C- U� RJR. ADDRESS 191 AR)"eS ,yo PROPERTY ID# %% /� �� Gvt'� �-� � Vim• �� Z -y8'�/ ADDRESS PROPERTI " " ri/ n NAME . �-� / ADDRESS PROPERTY ID#� -, 6C� Y �G-q-sic IE DEPT. OF GEOGRAPFRC INFORMATION �� FREDERICK COUNTY, VIRGINIA W E GIS, MAPPING, GRAPHICS WORK REQUEST S REQUESTING AGENT; Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DATE RECEIVED: COMPLETION DATE: '7 A FAX: DESCRIPTION OF REQUEST: (Write additional information on backf�e�uest��_`�._._ 1h it P � �1�j :o- 7f —(a DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: - BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED:, AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) e FIR (ON COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 September 28, 2006 Mr. and Mrs. James M. Horton 908 Cedar Creek Grade Winchester, VA 22601 RE: CUP #06-06 for Horton Investment, LLC Property Identification Number 76-A-62 Dear Mr. and Mrs. Horton: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 27, 2006. The Conditional Use Permit #06-06 for a retail nursery was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by, Frederick County prior to business activities. 3. One (1) non -illuminated freestanding business sign shall be allowed on the property; the sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed ten feet in height. 4. The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance and the driveway that adjoins Fries Loop Road (Route 760) shall be the exit for accessing Front Royal Pike (Route 522). 5. Eighteen employees are permitted between the months of April, May and June; while the remainder of the time, the site shall have no more than six employees. 6. Any change or expansion of use will require a new Conditional Use Permit. 7. Establish a 25-foot full landscaped buffer against any adjoining residential lots. 8. Storage of heavy equipment will take place within the greenhouse. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. and Mrs. James M. Horton Re: CUP #06-06, Horton Investment, LLC September 28, 2006 Page 2 If you have any questions.regarding this action, please feel free to call this office. Sincerely, f Kevin T. Henry Planning Technician KTH/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot and Robert A. Morris, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue 0 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 20, 2006 The amount of $50.00 was deposited in line item #3-010-013030-0007 for James Horton named below had a deposit for one sign for a Conditional Use Permit #06-06 for Horton's Investment LLC. Mr. Horton 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: James M. Horton 908 Cedar Creek Grade Winchester, VA 22601 RSA/pd 1p,w 1 o"'o -o(o 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 t CHARGE CARD FORM Name O.X�R S Y iJ O � f1 Phone d (4va 1 y tv CompanyName \AW+D,,S �Aw SQ,r Address 08 CeZ�C ' City, state, zip Code W1,(�4p J 2Z ZQO 1 Card'I`ype EV. Date Cardg 64T� S810 361 00tt Signatur NO ` g Please ay�ent for the following fee(s) by credit card as noted below; 00r) Item End et Amount Code Booklets & Maps PC01 $ Description Proffers Vbodside Estates II 1 OBH. $ Saratoga Meadows 1 OBQ. $ . Valley Mail Estates MCC $ Briarwood Estates 11 - IX 1 OCN $ Sign Deposit 1095 $ f � � / Applications 44 rlo s� � `� TA SP Zoning & Subdivision Ordinance PCO2 $ Sale of Amendments (Zoning/Subdivision ord.) PCO2 $ Sale of GIS Material 10 DL $ Subtotal $ 1.94% card User fee -�- A.Ach n .,pd Total i - 7 T A X R E C E I P T Ticket #:00015680001 @@ DERICK COUNTY Date 7/25/2006 WILLIAM ORNDOFF, JR Register: CJO/CJ P.O. BOX 225 Trans. #: 27602 Dept # ZASP WINCHESTER VA 22604-0225 Acct# ZONING APPLICATIONS Previous Balance $ 125.00 i i Principal Being Paid $ 125.00 Penalty $ .00 Interest $ .00 JAMES HORTON Convenience Fee $ 2.42 Amount Paid $ 127.42 L. *Balance Due $ .00 Cr Cd 127.42 # ************ Pd by JAMES HORTON cO��a CONDITIONAL USE PERMIT #06-06 q HORTON INVESTMENT LLC w a w ' Staff Report for the Board of Supervisors Prepared: September 11, 2006 Staff Contact: Kevin T. Henry, Planning Technician 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: 09/06/06 Recommended Approval Board of Supervisors: 09/27/06 Pending LOCATION: This subject property is located at 2731 Front Royal Pike (Route 522). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-62 PROPERTY ZONING & PRESENT USE: ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) PROPOSED USE: Retail Nursery REVIEW EVALUATIONS: Zoned: RA (Rural Areas) Land Use: Vacant Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Vacant Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 522, the VDOT facility which would provide access to the property. This site's direct access to Route 522 will be an entrance for inbound traffic onlv. Outbound traffic will be required to access Route 522 via Route 760. 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 • 0 CUP #06-06, Horton Investment LLC September 11, 2006 Page 2 covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plans approved as submitted. Plan approval recommended. Inspections Department: No comment or permit required provided structures meet the exemptions in Section 102.3 (2) and the definition of farm buildings and structure under the Virginia Uniform Statewide Building Code. Winchester -Frederick County Health Department: Health Department has no objections so long as sewage disposal permit is applied for and received. Planning & Zoning: This proposed Conditional Use Permit (CUP) is for a Retail Nursery. This proposed use will take place on a 5.57 acre tract of land located in the RA (Rural Areas) Zoning District. The Frederick County Zoning Ordinance allows for retailing of nursery stock in the RA Zoning District with an approved CUP. This proposed use will have 20,000 square feet of showroom, and attached to the rear of the showroom will be 40,000 square feet of greenhouse. The nursery stock will be placed behind this structure, extending to the rear of the property. The front yard area will contain 50 parking spaces and entrance/exit to the property. VDOT has indicated that the driveway along Front Royal Pike (Route 522) is strictly limited to an entrance and outbound traffic will be required to access Route 522 through Fries Loop Rd. (Route 760). Prior to operation of this retail greenhouse, an approved engineered site plan will be required. This site plan will address all of the requirements of the Frederick County Zoning Ordinance. This site plan will address the driveways and parking requirements. All heavy equipment will be stored within the greenhouse. Staff would recommend that signage be limited to one (1) non -illuminating freestanding business sign no higher than ten (10) feet. This freestanding business sign shall be a maximum of twenty-five (25) square feet. This requirement is in keeping with the rural nature of this area and preventing a typical commercial strip along Front Royal Pike (Route 522). The 2003 Frederick County Comprehensive Policy Plan identifies this property within the Southern Frederick Land Use Plan. The 2003 Comprehensive Policy Plan states that commercial uses should be concentrated around interstate, arterial, and major collector interchanges and intersections (p. 6- 42.2). Front Royal Pike (Route 522) is identified in the Frederick County Comprehensive Policy Plan as a minor arterial road. This proposed business will be taking place just north of the Tasker Road intersection, which is identified as a major collector. It appears that this business meets the intent of the goals of the Southern Frederick Land Use Plan within the Frederick County Comprehensive Policy Plan. CUP #06-06, Horton Investment LLC September 11, 2006 Page 3 STAFF CONCLUSIONS FOR THE 09/06/06 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by, Frederick County prior to business activities. 3. One (1) non -illuminated freestanding business sign shall be allowed on the property; sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed ten (10) feet in height. 4. The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance and the driveway that adjoins Fries Loop Rd (Route 760) shall be the exit for accessing Front Royal Pike (Route 522). Four (4) employees would be the maximum allowance for this Conditional Use Permit. 6. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF THE 09/06/06 MEETING: Mr. Henry informed the Commission that since nursery sales tend to vary with the seasons, 18 employees would be needed during the busiest months of April, May, and June, while throughout the remainder of the year, only between four and six employees would be desired. VDOT representative, Lloyd Ingrain, was available to go over the site entrance and exit requirements. He stated that the driveway along Front Royal Pike would be strictly limited to an entrance and all outbound traffic would be required to access Route 522 through Fries Loop Road (Route 760). He noted an old existing right-of-way from a previous footprint and he described how the connection would work. Staff noted that the right-of-way has already been platted through the Clem property to Fries Loop Road. It was also noted that a commercial -grade ingress and egress would be required; however, it would not be necessary for the parking area to be paved. In addition, some Commissioners were concerned about conducting an operation of this scale under a conditional use permit and they asked why the applicant had not considered rezoning. They recognized. this was an agricultural business, but noted it was also a large commercial operation. They questioned whether this was really the intent of a conditional use permit operation. Their CUP #06-06, Horton Investment LLC September 11, 2006 Page 4 concern was based on the fact that a series of complaints could cause the county to revoke the permit after the applicant had invested a considerable amount of money into the business. There were no public comments. The Planning Commission unanimously recommended approval of the conditional use permit with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by, Frederick County prior to business activities. One non -illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten feet in height. 4. The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance and the driveway that adjoins Fries Loop Rd (Route 760) shall be the exit for accessing Front Royal Pike (Route 522). Eighteen employees are permitted between the months of April, May, and June; while the remainder of the time, the site shall have no more than six employees. Any expansion or change of use will require a new Conditional Use Permit. 7. Establish a 25-foot full landscaped buffer against any adjoining residential lots. Storage of heavy equipment will take place within the greenhouse. (Note: Commissioner Watt was absent from the meeting.) Ul SUN A \ LE' H'— 72 DABAY, DAVID H 76 A 49E k i DABAY, DAVID H 76 A 49B 76 A 49C STROSNIDER, ROGER L & JOAN F 76 A 49A LEHR DAVID S & PAMELA B ALLOEN,LLC 76 A 51 76 A 51C STROSNIDER, DONALD LESLIE 76 A 518 FLETCHER DOUGLASR HOUGH, EARL E EST 6 ANNA B 76 A 52 WRIGHTS RUN, LP 76 A 53 OnppL,rn�o� Urban D... I, [Area pmen Cis— LEE, HUI SUN 76 A 68 STROSNIDER DONALD L ETALS 76 A 104D r T 76 A 104A-- �y STONESIFER, MICHAELA °J d' of rn s� `r 76 A 104B STROSNIDER, DONALD L ETALS 76 A 104 Q NICHOLSON, THOMAS W & DORIS A \ Q' U WAHL, DEREH 76 A 104C Q ^`u HORTON INVESTMENTS, LLC 76 A 62 HUFFMAN, TIMOTHY N 76 A 591 SNIDER, GALEN E & SANDRA B t 76 A 61 �.IERRI..A.. E SR 76 A 60A 76 A 59K 76 A 60B BURLESON, JOHN E & DENISE D 76 A 59 HOTTEL, WAYNE L N Q 76 A 54CID TIMBER RIDGE MINISTRIES, INC i a' 3 76 A 55 THARPE,AMPNDA G 76 A 59J k DILL, DAVID R & MARY M CUP # 06 - 06 Horton Investment, LLC (71-A-62) e o o_oizso.ozs 0.05 Mdes Ll • i) Lw O Aw.— � Urban Development Area b�SWSA Zoning B1 (Business, Neighborhood District) ?'*. B2 (Busmass, General Disaia) - B3 (Business. Ind-t,.1 Transition District) — EM (Edracbve Manufacturing Dlstrict) — HE (Higher Educators District) - M1 (Industrial, Light Dlstrict) M2 (Industrial, General Di Mt) - MH1 (Mobile Home Community Dlstrict) _ MS (Medical Support District) - R4 (Residental, Planned Community DisVict) • R5 (Residental Recreabonal Community District) RA (Rural Araas District) RP (Residental Performance District) CUP # 06 - 06 Horton Investment, LLC (76-A-11, ® 0 0.01250.025 0.05 Mid DU& DABAY, DAME) H 76 A 49E K E..El 76 A 49A LEHR, DAVID S & PAMELA B �17ALLDEN, LLC 76 A 51 76 A 51C STROSNIDER, DONALD LESLIE WRIGHTS RUN, LP 76 A 53 �r q LEE, HUI SUN A 72 LEE, HUI SUN 76 A 66 STROSNIDER, DONALD L ETALS 76 A 104D T y 76 A 104A ___-- STONESIFER, MICHAEL A a+ C `r 76 A 104B STROSNIDER, DONALD L ETALS 76 A 104 Q NICHOLSON, THOMAS W 6 DORIS A IL m 6 Qr WAHL, DEREK 76 A 104C o N 1� Q >: A Q a � HORTON INVESTMENTS, LLC 76 A 62 76 A 51B FLETCHER DOUGLASR HOUGH, EARL E EST & ANNA B 76 A 52 SNIDER GALEN E & SANDRA B 76 A 61 RITTER, RICHARD E SR 76 A 60A OApplication "'o Urban Development Area �{,yr Ind. —I b5—A InsSt .—I Long Range Land Use -, Recreation Rural Community Center 4�0 Histonc Residential ® M-d-Use Business ® Planned Unrt Development HUFFMAN, TIMOTHY N 76 A 591 76 A 59K 76 A 59 76 A 60B HOTTEL, WAYNE L BURLESON, JOHN E & DENISE D N Q 76 A 54 TIMBER RIDGE MINISTRIES, INC 'a 76 A 55 THARPE, AMANDA C. 76 A 59J 0 DILL, DAVID R & MARY M CUP # 06 as 06 Horton Investment, LLC (76-A-62) e 0 0.01250.025 0.05 Miles� • DLW DABAY, DAME) H 76 A 49E \ f 6 DABAY, DAVID H �10'49B� i ra"I'm l A 51C 2, DONALD LESLIE i LEE H- 5 N 4 t t Np A 72 10 r.` *76 A 104F, i$2 N 0 ,EE r, shN 76 A 68 A f •� N x^' E, v 76 A 104A STONESIrEH. MICHAELA v — srRosrauER DONALD L ETALs 76 A 104 0 76 A ,104E 1 r y. Q NICHOLSON, THOMAS W & DORIS A F' WAHL, DEREK 76_A -1Q4C N S2 G HORTON INVESTMENTS, LLCINVESTMENTS, LLC 76 •A. 62 SNIDER. GALEN E B SANDRA B :'�' (` ✓• 76 A 61 51B BITTER, RICHARD E SR 76 A 60A 76 A ' FLETCHER DOUGLAS R 76 A HOUGH, EARLS EIII ANNAB 622 ' WRIGHTS RUN, LP A f:76 �'A 53 ea 419 qy t � O A�bratian � Urban Develo [Area � pmen b5W5A 76 A 59 76-,,A60B . °" HOTTEL, WAYNE L BURLESON, JOHN E & DENISE D l t� 76 A 544 r W TIMBER RIDGE MINISTRIES, INC �. '-THARPE, AMANDA Co .., 76 A 55 - .�76 A 59J, N DILL, DAVID R & MARY M .y. 4 t CUP #06-06 Horton Investment, LLC (76A62) E)-- 0 0,01250025 0.05 Mid 0 i b'7120 0� 4 0Nae AwroveJ D L. L)L) Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ,--"-owner other) NAME: ADDRESS: TELEPHONE, '),w_ STD -AO-5" -ZU/ 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 vour road or street) 4. The property has a road frontage of feet and a depth of feet and consists of _ , ,56 f'(a acres. (Please be exact) 5. The property is owned by4RION'y 1 eyllim / ( as evidenced by deed from yy, 6. pj'peg recorded (previous owner) in deed book no. I,R on page 9` , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax (Parcel) Identif icatign ( I . D .) No. ` 6 - A - 69. Magisterial District pe-q Gzw 'Current Zoning 7. Adjoining Property: USE ZONING North _WLIS East _ South h oll' ? West ���� ,� cc/¢u�,�L • • 8. The type of use proposed is (consult with the Planning before completing) ' / V, 9. It -is proposed -that the-following=buildings will be Dept. 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 C. de,-1'�l�l�l PROPERTY ID#7,q 176 `A-6 ADDRESS gm/ P*/ �,ke al 05 NAME i 77� 'R � Q k e.l_ .� e • 5R ADDRESS f C() G •Pin �� 02- 0r PROPERTY ID# 7117 76-1�-v'0)9 NAME(,L�ji /��'I ADDRESS {� it�- !t i v) Yn k S4e_r VA D?60 a PROPERTY ID# %/N C i 1 NAME _r �j �r D VI 1 C4_v'I)O� UI DRESS I K n , ,z r 4 Y' PROPERTY ID# 7M 7k,9 - /0�4 NAME ttI46 �.�, ADDRESS b� — PROPERTY ID# %'A'/ 76. -,9 -10'VG NAME RRMA R- New JR. ADDRESS PROPERTY ID# 76 i7 �_q ADDRESS S J r es Lz�P Rd - (-v�� 441)c us eq U-4- V 21 `yff-2-/ Yvg' PROPERTYY ID#-��_9_ 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. j�lGt�S ePy S jock Slace 3001.( ----4 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 Planninq and Development Department t use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: V FPAM F"-.' W. 95E:6E9 fig, N o W 0` r� P.>ue 03 0 200' 400' sccie 'n *r"+ro� i WORI Mg, 4W. P. 24 Tw 7u-A-tD4C SW .22 h7 existirg r/r� / ^ n� 47.48 trJ�. rno: Ot) f rYR �Q• 1 � { 5.5686 acres ,n�' �' acyt;ngg t;: w * TW 78-A-,U rn (net vlsibin) yo.. 7a' 1��-1i6. ka:'2S't? N �75'1�ytr �pR 'w t Snider Rt • CA 72a P 35+ 71A 75-A-61 Ritter O.M. 7513. P. 261 TV 76-A- 50A ailer s � m..�t�as Huffman 9,9. $61, P. $43 TM 76-A-591 Goundori Survey of the Land cf W-UL(.u'.%`i"o E. ic-»trvment 0300048M W.I. 54. Pay* 227 Tax Map 78-A-6Z Jpequan Magleteria Distftc- Freaertok Col nty. Viryiita Nctes: No t1tle r"ri ryrmtsh d, onownents not shown n:ay ":st. ,2i This ttett is not in the 100 yaw flood plain designated ey HUD. eetobiiahod from rRM Community panel oa b100E3 02DO b. effeotrys ,illy 17. 1976. (3) Vicstwr soundery of this property was tatablishod freer the 'onowit4 orojW 0522--03hv10 P. Xct 0=--034-vt4 Projoct 377-Rt37 Survey no. 1317 Dunn Land Surveys. Inc. 101 East Main Street Berryville. virginto 22611 Tel: W-955-338 Wl y 25, 2005 ,r j GIS DEPARTMENT 0 190 380 760 Feet w° FREDERICK COUNTY, VA COMMISSIONER OF THE REVENUE e j 63� 5 55 q5D a}pl .`tr`L� V - ' 1 (��-�r q — `liep P(p� �—/ ' ~Brush R. to 0 .30) T ¢ 53 `❑ o v , P L�jtj •�95.) R'Qa S e Zslllfl (5 4 / 1 P01 �5.11� N C ' I I 1�'• r r 9 P,1 • q� - et yae•09 In , �. i;��=• 6 , ( � W E �.�' , ��❑ e. µPH ❑ d �je� u4 :Y"_ — u1 __ _— — --- 65 Redb• I T�' ' •Gfl a- •? - - - — yz �.00❑ yPe �' ., 15 Nam— a2.o8 N q 9 Y / �l i lid gr ���I N 3 57• E I . 'v'- - `HIC�or12,40.0' 1 �i' / 1Oh�' \ — — 7 'Fxis1. 9 d IBk Woods Oo • R , oft r F , _ _ prolEasr h' , � C71 � I - srr. } c F 142. WiBose. I InCy P a j, �' x44 T �t - 14 a wa�dsc ` e 48 IP�•7i ^'�� 5. 15 I f'�• i MV N l` 11 44 6 Q 5. 3 l 1P2�2 W ��. , ' a ,`r ( Rod. • 691.20' 1 127l'4 sr_ R�11- Ex/sr. Riw, . ( ac 13p 5 PROP. T£NP. GONST t`- - - - -- -- -- - -- ___ -` - E17"Y 15(1', , gQ' 4- - - W UMI�S -Olt -WORKS- - - - - - - - - - =%' .' Brush & y� R�►s uan ,, Brus�� 1 d' R'w t 1IO �E r . O 6 /w R/IY orl do �rop: R -rvy oP• perm �. L �' • 91.30 01 �� r ��rs e LEx/sr R/W OI zi �Ij%3 ice/ �(p1�1.�p5e. G����y� \2294 ��Z-SfY Fr. /5�,00dsl [�7 cn p� s)Qj6�1 ;...'`'' , I. sly. 'F(. s �E � �� a �( V. �� 1 sty Fr. O5: �' " Fr.S 5hed� ,a n B. l} 88 EOT tO <`x� \ Exi�t.� i❑❑ �—( P, , 1,V5�. J r{t' pN g�tN �� 37 rll o L � � ,,, (� r;P11�FROM � � � ,:_cj ___ •-, N - N t p FR W= � 15 s�.c.1, teXttte d• Rkw 0 �( RI py o I • sae �� N �� G�b(jG Lt RIpE Ftllp SPt UMPTtON � �' zto �P . Ga. �g �'PES �. SP9 �� dZ ;n + b _ j'vp+ L a6 © p•5,1a34 pG• � � e 0� E°Sep QN� stn t06(9A0 -die - in � xsa� co 2 � $ la�� �� o� � UP a a o ❑ in B° Elegy spot or 3� tJ • s t„ 1 H of Goes 1 a�ee N NOSE: ctLn ��� to �e . to D` ? 4v p " � Pt�Rf t� t tN to3�9b5' oteA• es O°ns �Azt �• `� 36 gt7t COO a`� 1ti P• �55f6'3O16 t1c� �—', � ,,rE �oWN _ 1_ ngl -shoo 9• crt.N Gti� COMMONWEALTH OF VIRGINIA VIA GINIA DEPARTMENT OF HEALTH Frederick County Health Department 107 N. Kent St. Winchester, VA (540) 722-3480 12/21/2005 069051027 Donald Mills Sr PO Box 911 Stephens City, Virginia 76-A-62 2731 Front Royal Pike Winchester, Virginia 22602 Subdivision: Section: Lot: Lot Size: 5.57 Acre(s) Dear Donald Mills Sr: This letter is issued in lieu of a sewage disposal system construction permit in accordance with §32.1-163, et seq., of the Code of Virginia. The Board of Health hereby recognizes that the soil and site conditions acknowledged by this correspondence, and documented by additional records on file at the local health department, are suitable for the installation of an onsite sewage disposal system. The attached plat shows the approved area for the sewage disposal system. This letter is valid until a permit for construction is issued and the system is installed, inspected and approved. This letter is void if there is any substantial physical change in the soil or site conditions where the sewage disposal system is to be located. A permit to construct the sewage disposal system must be issued before construction of the system. If the property owner (current or future) applies for a construction permit withinrl 8 7 onthEes, the date of this letter, the application fee paid for this letter shall be applied to any sae for a permit to construct a system. After 18 months, the applicant is responsible for paying all state fees for a permit application. This letter, and accompanying plat of survey showing the specific location of the sewage disposal system area and well area (if applicable), may be recorded in the land records by the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the system is to be located. The site shown on the. plat is specific and must not be disturbed or encroached upon by any construction. To do so voids this letter. Upon the sale or transfer of the land that is the subject of this letter, the letter shall be transferred with the title to the property. Future owners are advised to review the plat for the location of the onsite sewage disposal area to make sure their building plans do not interfere with the area. If they have any questions regarding the location of the area, they should contact the local health department for assistance. The area evaluated, and certified by this letter, is suitable to accommodate a 4 bedroom house using a system design of 600 gallons per day. The property willbe served by a private water supply as shown on the attached plat. This letter is an assurance that a sewage disposal system construction permit will be issued (provided there have been no substantial physical changes in the soil or site conditions where the system would be located); however, it is not a guarantee that a permit for a specific type of system will be issued. The design of the sewage system will be determined at the time of application for a building permit and sewage system construction permit. The design will be based on the site and soil conditions certified by this letter, structure size and location, water well location (final determination to be made at time of permit issuance), the regulations in effect at the time, and any off -site impacts that may have occurred since the date of the issuance of this letter. In some cases, engineered plans may be required prior to issuance of the construction permit. In accordance with § 32.1-164.1:1 of the Code of Virginia, owners are advised to apply for a sewage disposal construction permit only when ready to begin construction. This certification letter may be subject to and must comply with any applicable local ordinances. Sincerely, ary Co Zins Attachment: site sketch PC: r� Certificate of Acknowledgment: Date: County of Frederick Commonwealth of Virginia ��o9D�loZ� I certify the information_ provided herein is true and•accurate to the best of my knowledge and belief. Enviro nt eal pecialis The foregoing instrument was acknowledged before me this day of . 69NO. Notary Public My commission expires: sr�c9 -... }-� 0--,i D,0991 County of Commonwealth of Virginia I (we) authorize this certification letter be recorded in the grantee index of the Clerk of the Circuit Court of Frederick County under my (our) name. The foregoing instrument was acknowledged before me this ,by Notary Public My commission expires: day of • 2W / / / / / / / / / 1 / / / a� o/ O• poi ej voQ �Sy�O y 64i\ 1 i� 0 0 100' 200' scale in feet Wahl D.B. 458, P. 24 TM 76-A-104C S80 513.31' N2753'46 "E eo U91 52_83- y m N8942'09"W 116.54' N8175'12' 162.74' Snider D.B. 728, P. 354 TM 76—A-61 Drainfield Detail: 1 50' -------- 77.1' — _. i i 5.5686 acres TM 76—A-62 N8175•12"w Ritter D. B. 758, P. 291 TM 76—A-60A Drainfield Detail: 1": 50' 59.$:----i i S17-38'21 "W _—,/--- 47.48' Ile O �� a �. V) (A J Ln rn N CD P (? 13. No J 316.36' 0 Location of Approved Drainfield Sites on the Land of William E. Pifer Instrument 030004889 W.B. 54, Page 297 Tax Map 76—A-62 Opequon Magisterial District, Frederick County, Virginia 4- M. Notes: (1) No title report furnished, easements not shown may exist. (2) This tract is not in the 100 year flood plain designated by HUD, established from FIRM Community Panel no. 510063 0200 b, effective July 17, 1978. y i , e.'s N t-* 0 a��V6 N89'42'05 Ar 0`? 0 116.54' 56906 29 F l� r------- --- aiF -)3 Snider G- D.B. 728, P. 354 TM 76—A-61 (ID N8125 162. 74' Drainfield Detail: 1": 50' ---- ------ --- 77.1.1 bill ice. �ni 5.5686 acres TM 76—A-62 'c• N8125'12"W Ritter D.B. 758, P. 291 TM 76—A-60A Drainfield Detail. 1 ": 50' r?% — O 4) 00 �c C �ryW D 0 c,+ EA CA rn M rn I- 3 a�Q N En Ln rr :3 W co N o 316.36' � i- .Q' 0 w �- �y6 Location of Approved Drainfield Sites on the Land of William E. Pifer Instrument 030004889 W.B. 54, Page 297 Tax Map 76—A-62 Opequon Magisterial District, Frederick County, Virginia Notes: (1) No title report furnished, easements not shown may exist. (2) This tract is not in the 100 year flood plain designated by HUD, established from FIRM Community Panel no. 510063 0200 b, effective July 17, 1978. i Survey no. 1317-1(CO)W. �G) Dunn Land Surveys, Inc. Z 101 East Main Street t 00 Dunn D Berryville, Virginia 22611 Tel: 540-955-338 t 2005 August 18, 2005 r COMMONWEALTH OF VIRGINIA VIRGINIA DEPARTMENT OF HEALTH Frederick County Health Department 107 N. Kent St. Winchester, VA (540) 722-3480 12/21 /2005 069051027 Donald Mills Sr PO Box 911 Stephens City, Virginia Re: 76 A-62 2731 Front Royal Pike Winchester, Virginia 22602 Subdivision: Section: Lot: Lot Size: 5.57 Acre(s) Dear Donald Mills Sr: This letter is issued in lieu of a sewage disposal system construction permit in accordance with §32.1-163, et seq., of the Code of Virginia. The Board of Health hereby recognizes that the soil and site conditions acknowledged by this correspondence, and documented by additional records on file at the local health department, are suitable for the installation of an onsite sewage disposal system. The attached plat shows the approved area for the sewage disposal system. This letter is valid until a permit for construction is issued and the system is installed, inspected and approved. This letter is void if there is any substantial physical change in the soil or site conditions where the sewage disposal system is to be located. A permit to construct the sewage disposal system must be issued before construction of the system. If the property owner (current or future) applies for a construction permit within'18 (ilio—nths X the date of this letter, the application fee paid for this letter shall be applied to any sae ees for a permit to construct a system. After 18 months, the applicant is responsible, for paying all state fees for a permit application. This letter, and accompanying plat of survey showing the specific location of the sewage disposal system area and well area (if applicable), may be recorded in the land records by the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the system is to be located. The site shown on the plat is specific and must not be disturbed or encroached upon by any construction. To do so voids this letter. Upon the sale or transfer of the land that is the subject of this letter, the letter shall be transferred with the title to the property. Future owners are advised to review the plat for the location of the onsite sewage disposal area to make sure their building plans do not interfere with the area. If they have any questions regarding the location of the area, they should contact the local health department for assistance. The area evaluated, and certified by this letter, is suitable to accommodate a 4 bedroom house using a system design of 600 gallons per day. The property willbe served by a private water supply as shown on the attached plat. This letter is an assurance that a sewage disposal system construction permit will be issued (provided there have been no substantial physical changes in the soil or site conditions where the system would be located); however, it is not a guarantee that a permit for a specific type of system will be issued. The design of the sewage system will be determined at the time of application for a building permit and sewage system construction permit. The design will be based on the site and soil conditions certified by this letter, structure size and location, water well location (final determination to be made at time of permit issuance), the regulations in effect at the time, and any off -site impacts that may have occurred since the date of the issuance of this letter. In some cases, engineered plans may be required prior to issuance of the construction permit. In accordance with § 32.1-164.1:1 of the Code of Virginia, owners are advised to apply for a sewage disposal construction permit only when ready to begin construction. This certification letter may be subject to and must comply with any applicable local ordinances. Sincerely, (!Co67- ins Attachment: - site sketch PC: Certificate of Acknowledgment: Date: 4.�,- -a / , O'5- County of Frederick Commonwealth of Virginia ol�9oyfdz� I certify the information provided herein is true and'accurate to the best of my knowledge and belief. Enviro nt eal pecialist The foregoing instrument was acknowledged before me this day of G . o 1 `-a---a -\ Notary Public My commission expires: ` > 1 c%©Ucj County of Commonwealth of Virginia I (we) authorize this certification letter be recorded in the grantee index of the Clerk of the Circuit Court of Frederick County under my (our) name. The foregoing instrument was acknowledged before me this ' by Notary Public My commission expires: day of / 0 ' a% o/ O' mooQ 4Q100 .h S �0 t`0�i tiry e a�\4 t �_ 0 100' 200' scale in feet Wahl �. D. B. 458, P. 24 / \ TM 76—A-104C N27 53'46"E 52_g3• �1 2' CD N89'42'09"W N8— 15 116.54' 162.74' Snider D.B. 728, P. 354 TM 76—A-61 Drainfield Detail: 1": 50' i i 1 i i .e 6P afiZO!�i ��&5-3• i S80�29'59"E 513.3]' so ua1 'JJ5 )- Fi-'-10q 5.5686 acres TM 76—A-62 �l• N8175'12"W Ritter D.B. 758, P. 291 TM 76—A-60A Drainfield Detail: 1": 50' / 59.8' p i 9 ''' V"t / M S17'38' 21 "W �� 47.48' 1 ON 316.36' ,moo O wj� off' p i rna I , (A o- w S p W � � � p � Q cn m o w Location of Approved Drainfield Sites on the Land of William E. Pifer Instrument 030004889 W.B. 54, Page 297 Tax Map 76—A-62 Opequon Magisterial District, Frederick County, Virginia V Notes: (1) No title report furnished, easements not shown may exist. (2) This tract is not in the 100 year flood plain designated by HUD, established from FIRM Community Panel no. 510063 0200 b, effective July 17, 1978. 5� 0 IL N8942'09 n 0 116.54' Snider D.B. 728, P. 354 TM 76—A-61 N81 �5 2. 162.74, Drainfield Detail: 1": 50' 77.1 ! 1 � i a`t y --6,"L---it 5.5686 acres TM 76—A-62 t<• N8175'12 W Ritter D.B. 758, P. 291 TM 76—A-60A Drainfield Detail: 1": 50' i y~ 59.g•-----L i � g.�•0 �v \9 �• � I , 0 N P J v ri 6 rn D -p 1 (] N Ln CT :3 un w No 316.36' ` �i- Location of Approved Drainfield Sites on the Land of William E. Pifer Instrument 030004889 W.B. 54, Page 297 Tax Map 76—A-62 Opequon Magisterial District, Frederick County, Virginia Notes: (1) No title report furnished, easements not shown may exist (2) This tract is not in the 100 year flood plain designated by HUD, established from FIRM Community Panel no. 510063 0200 b, effective July 17, 1978. Survey no. 1317-1(00W. �e Dunn Land Surveys, Inc. 101 East Main Street t Dunn v Berryville. Virginia 22611 Tel: 540-955-338 t 2005 August 18, 2005 r in�IFyO' • Submittal Deadline 4�c cot, P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ',,-,,'owner other) NAME: ADDRESS: TELEPHONE 2. Please list all owners, occupants, or parties in interest of the property: 3. The property include the is located at: (please give exact directions and route numberofyour road or street) �. t 4. The property has a road frontage of / feet and a depth of feet and consists of acres. (Please be exact) 5. The property is owned by 4RION Lie as evidenced by deed from yr, l` recorded (previous owner) in deed book no. ty, R on page 9*7 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel) Identificati (I.D. )No. Magisterial District UPe-q um"i `Current Zoning 7. Adjoining Property: USE ZONING North .rry East hatu I_ South _ k2 V I West 'V& 4..a • 8. The type of use proposed is (consult with the Planning Dept. before completing) 9. It -is proposed-that=the following -=buildings will be 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME PROPERTY %ID#& 26 A-iE% NAME PROPERTY ID# fiti NAME Gc 7 t"�n{L�R�i,d `B` l' PROPERTY ID# %'lvf NAME j apkp ➢A•.� i. 'j• PROPERTY �� ID#/ Z/ 7�-/y -" NAME: IOYR� t b '_A ' Y16' PROPERTY IDf# rAJ k16 -19-10VC NAME AR ges4 A New JR PROPERTY ID# 1Y 1�J NAME Cl i' lf,t/ _ 1) dp'x� PROPERTY ID# 7� 9 � � e- NAME PROPERTY ID# ADDRESS W,in/ al e5 leAt - 0J ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS /J7 Ae) p,S ,&&)D Rd ADDRESS /fZ:5 3l8 W1i7Gb " 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. 01 e�yj®cle 51�13/ All ��use � T S lade � • 12. Additional comments, if any: is n 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 use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners"' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: • • GIS DEPARTMENT p 190 380 760 Feet FREDERICK COUNTY, VA COMMISSIONER OF THE REVENUE FPCt•t %26,20a= 3`_�cP35F��c'E alp N N r- M 0 � Q OCc O C � v rn 25 eaistirg 50' r/r (noa bait) ■ dot;ng r/a (net rlslbl«) Nctes Fit•: ttt7. Ju:. 2'6 26O5 OF.:36PM P_ • PAGE 03 4 20� 400' scc1e �n *00t want D.S. 46& P. 24 L Tii 78—A04 —tC Ai77'sy�� � 52.�• g1735'�1" 5.mm acres ,yr TM 76—A-62 3`ry �S"f2iY� 772&P. Ritter D.B. 756 P.221 Tyi 76—A-60A Vg HI�pler Huffman O.P. 501, P. 543 TM 75—A-591 Boundary Survey of the land of Md item E. Pifer Irstrunwrt 030004MIS W.D. 94. Page, 287 Tort MOP 76—A-62. Opequm Mdglstsrlal D"ntrfc- Frsderkk Cbart;y, YryL,ia (" No Me re(.ori furn4had, ■asomenty rat shown may sxtst (2I This tract is naL in the 10D y■ar flood plan dafgnat■d by HUD. srkablll,o3 frog+ MM Canmunity Panel m 6100d3 0200 b. effactirs JAy 17. 197a. (3) voestor soundsry of this prworty was estebfwhOd han the rallonittg Project 0522--034—V10 Pv)t:ct 032:—C34—vta Project 377—kr_37 Survey no. 1317 Dunn Lend Surveys. Inc. 101 Eort Rain Street BerryvIMe. vrgWo 22611 Tel: SM0—$55--338 ,,uly 25. 2005 r 32u a W �` IAts a _ �l ip �fi * t 61AW3!p557 (r 45. tt . 3� 53' a �� , f:- i ,562 55` :30� �• ta3�¢ �0155)-Ca 10 PC 043 W 294.8z �.. E 5 d• em n: - /5zu �•pp Yg \ _�'. R/1"( SI' d� E ( _ - - - 0 p41 N P4 Alp3 %��.\� t t. _ .• j�Q �J or) 14h .� _ _ � ' xist. R P6 (016. 16. Woods I -Sty.k 4� , Ln �"'' •3(_.7 c Fw 142.) Wiese I Ire, 01 c tY P6'• Nam �- - 0- c� ' , wo°ds 4 8 /Ps9 rl� �) 25. E `* 5.3 t (122�2W / /�., ',a ` ( Rod.• 691.27' 1 Z115 f�;, •y _ _ - _ lI 99.78 sf. R/14''� Q Exist. R/W = �_ ( Arc.• 130.59 t✓� ���- -- - =;� -- - -- --- -Pyjt e. N 4- --E 54 ��•R --- -. ' PROP. TEMP�E .CGNSZ - _ - -- - -- -- _ 1 p ------ ------- . ,iSfJ , - • * - ¢' �Brus84� �.JMET S -0� -w ----WORKS - - - - - - - - " °,�;: t 5 � ExisrR/W �� ••j?.l7t• �'� ,r-�� •! j,, ',.- � � � � • E ,� �vs _99.18 �, . �•/ IIF E �}} �—>�•�---t--v- � ' � -16 �� ��7-� Ffi cCQOProp RIW Perm. Ip �� �`� R�W9130i- /���;Exls1 R�►►r '0I �. �;' �rr773' _'` alp. Ease. G��O��t 2299 i12'sty Fr. �L'/50ods _t 87, �• �Qo $ O d Fr. o� • • o ,,, ,a', 90 �c n ( . t • ,,3 / BASIN ( W a o o' t. sty. Fr: CE ) �, Q� `p0 ( SN• Fr. o (:� pR( V • 05: - N !46 Fr. sr>~t s �� ' 251 0 B. �3 � n SEC Ip F ,' l .'iFr� ��� rEx1�t. R/W --�%i W' bX) ; F" �i,�, M Bra �IC ;\ \ ' 37 [64� `0 U' N Q 2� Q a, �Si9P CLI 2P 3 0� � WZ In a • N - - - e pN F I IP RPp ►� LjLj W � Pc t5 �r c.t, ----� �� eolexlilR�d' R� pFN R P� ai � E` a• � N�i� ( sty. 9 obrlc r ICI R10E FIll-D SPI 00? ION M a �' a tP q� Fr. Gar. � � " zit �8A ( 5 �°8 �b ' t_ TW'�� �5�•`jP4� nZ `^ �o"iU x 8 U4 \ J zo °' set' f �' be � o•B•�a3a �• n �� � � � b °�' Eo QN a (_ 5In to�gpp Ile' I a x- W 0z zg tP�� �� and �a a 0 � a � c � `n Bo EI�r• story 3� � � a �, Rj9� of t� pons t f". z m �' NOTE' �eot� 10 D. p. 27a 6 Pry {torn lie, D' a 3� � ►•, eta CHIN �00 s y Cory �• 1. 3� �5, , ; �' SPA• es E'er 0- emQ Alf I.R` ��'Al � a d �C COO ., a� g6' R. .alb pet� P•I.5736.3p16 F PG 7 T Iic`es (FS ,oAiN 1_• '.n9� �.Kl� P. ±; •c�dlv<.nti1 ct E COIVIMoNwEALTH OF VIRGINIA MGINIA DEPARTMENT OF HEALTH Frederick County Health Department 107 N. Kent St. Winchester; VA (540) 722-3480 12/21/2005 069051027 Donald Mills Sr PO Box 911 Stephens City, Virginia Re: 76-A-62 2731 Front Royal Pike Winchester, Virginia 22602 Subdivision: Section: Lot: Lot Size: 5.57 Acre(s) Dear Donald Mills Sr: This letter is issued in lieu of a sewage disposal system construction permit in accordance with §32.1-163, et seq., of the Code of Virginia. The Board of Health hereby recognizes that the soil and site conditions acknowledged by this correspondence, and documented by additional records on file at the local health department, are suitable for the installation of an onsite sewage disposal system. The attached plat shows the approved area for the sewage disposal system. This letter is valid until a permit for construction is issued and the system is installed, inspected and approved. This letter is void if there is any substantial physical change in the soil or site conditions where the sewage disposal system is to be located. A permit to construct the sewage disposal system must be issued before construction of the system. If the property owner (current or future) applies for a construction permit within 18 ) qriionihs the date of this letter, the application fee paid for this letter shall be applied to any sae ees for a permit to construct a system. After 18 months, the applicant is responsible for paying all state fees for a permit application. This letter, and accompanying plat of survey showing the specific location of the sewage disposal system area and well area (if applicable), may be recorded in the land records by the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the system is to be located. The site shown on the plat is specific and must not be disturbed or encroached upon by any construction. To do so voids this letter. Upon the sale or transfer of the land that is the subject of this letter, the letter shall be transferred with the title to the property. Future owners are advised to review the plat for the location of the onsite sewage disposal area to make sure their building plans do not interfere with the area. If they have any questions regarding the location of the area, they should contact the local health department for assistance. The area evaluated, and certified by this letter, is suitable to accommodate a 4 bedroom house using a system design of 600 gallons per day. The property willbe served by a private water supply as shown on the attached plat. This letter is an assurance that a sewage disposal system construction permit will be issued (provided there have been no substantial physical changes in the soil or site conditions where the system would be located); however, it is not a guarantee that a permit for a specific type of system will be issued. The design of the sewage system will be determined at the time of application for a building permit and sewage system construction permit. The design will be based on the site and soil conditions certified by this letter, structure size and location, water well location (final determination to be made at time of permit issuance), the regulations in effect at the time, and any off -site impacts that may have occurred since the date of the issuance of this letter. In some cases, engineered plans may be required prior to issuance of the construction permit. In accordance with § 32.1-164.1:1 of the Code of Virginia, owners are advised to apply for a sewage disposal construction permit only when ready to begin construction. This certification letter may be subject to and must comply with any applicable local ordinances. Sincerely, ary Co ins Attachment: - site sketch PC: Certificate of Acknowledgment: Date: County of Frederick Commonwealth of Virginia I certify the information provided herein is true and'accurate to the best of my knowledge and belief. Enviro nt ea1 pecialis The foregoing instrument was acknowledged before me this � � day of Notary Public My commission expires: County of Commonwealth of Virginia I (we) authorize this certification letter be recorded in the grantee index of the Clerk of the Circuit Court of Frederick County under my (our) name. A %_A /! i . A The foregoing instrument was acknowledged before me this Eby Notary Public My commission expires: day of �- �; i o} �o \�4 56906 29 G N89'42'09"W 116.54' Snider D.B. 728, P. 354 TM 76—A-61 • 0 100' 200' i scale in feet Wahl D. B. 458, P. 24 TM 76—A-104C N27 S3'46'E 52.83- ti r N8125' 27 .W 162, 74' Drainfield Detail: 1": 50' -------- S8029.59"E 513.3]' a,U91 5.5686 acres TM 76—A-62 N81-25'12"yy Ritter D.B. 758, P. 291 TM 76—A-60A Drainfield Detail: 1": 50' / 59.81_ 'I- i M Y r a�� 4b! 1 o4 1 S17-38'21"W _--,/'~ 47.48' r3 O I? a �. Ln CA w m N Ln tD r? o 316.36- Location of Approved Drainfield Sites on the Land of William E. Pifer Instrument 030004889 W.B. 54. Page 297 Tax Map 76—A-62 Opequon Magisterial District, Frederick County, Virginia 0 46 E• e Notes: (1) No title report furnished, easements not shown may exist. (2) This tract is not in the 100 year flood plain designated by HUD, established from FIRM Community Panel no. 510063 0200 b, effective July 17, 1978. V• w � X • .y :ti v m} i--3T--' i2- T ` 5 .�v � N e+`yt 0 oX�s� ate! N89.42'09 W 116.54' G U) -)3 Snider D.B. 728, P. 354 C TM 76—A-61 CD N81 -�F512 162.74' Drainfield Detail: 1 50' i i zG J h! �Us r 6E j 5.5686 acres TM 76—A-62 �i• N8125'12"W Ritter D.B. 758, P. 291 TM 76—A-60A Drainfield Detail: 1": 50' co `L i 0 �. •.Q' C I D _ I , O- t,+ J Ob L Lin D 3 ED 1 - D �o Ga 316.36' _ t- Location of Approved Drainfield Sites on the Land of William E. Pifer Instrument 030004889 W.B. 54, Page 297 Tax Map 76—A-62 Opequon Magisterial District, Frederick County, Virginia Notes: (1) No title report furnished, easements not shown may exist. (2) This tract is not in the 100 year flood plain designated by HUD, established from FIRM Community Panel no. 510063 0200 b, effective July 17, 1978. Survey no. 1317-1(013 'Pe Dunn Land Surveys, Inc. Z 101 East Main Street t Dunn v Berryville, Virginia 22611 00 Tel: 540-955-338 t 2005 August 18, 2005 Aw4tio"' CO��� CONDITIONAL USE PERMIT #06-06 ®� HORTON INVESTMENT LLC w Staff Report for the Planning Commission Prepared: August 11, 2006 II3B Staff Contact: Kevin T. Henry, Planning Technician 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: 09/06/06 Pending Board of Supervisors: 09/27/06 Pending LOCATION: This subject property is located at 2731 Front Royal Pike (Route 522). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-62 PROPERTY ZONING & PRESENT USE: ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) PROPOSED USE: Retail Nursery REVIEW EVALUATIONS: Zoned: RA (Rural Areas) Land Use: Vacant Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Vacant Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 522, the VDOT facility which would provide access to the property. This site's direct access to Route 522 will be an entrance for inbound traffic only. Outbound traffic will be reouired to access Route 522 via Route 760. 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 CUP #06-06, Horton Investment LLC August 11, 2006 Page 2 covered under a land use permit. The perinit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plans approved as submitted. Plan approval recommended. Inspections Department: No comment or permit required provided structures meet the exemptions in Section 102.3 (2) and the definition of farm buildings and structure under the Virginia Uniform Statewide Building Code. Winchester -Frederick County Health Department: Health Department has no objections so long as sewage disposal permit is applied for and received. Planninlz & Zoning: This proposed Conditional Use Permit (CUP) is for a Retail Nursery. This proposed use will take place on a 5.57 acre tract of land located in the RA (Rural Areas) Zoning District. The Frederick County Zoning Ordinance allows for retailing of nursery stock in the RA Zoning District with an approved CUP. This proposed use will have 20,000 square feet of showroom, and attached to the rear of the showroom will be 40,000 square feet of greenhouse. The nursery stock will be placed behind this structure, extending to the rear of the property. The front yard area will contain 50 parking spaces and entrance/exit to the property. VDOT has indicated that the driveway along Front Royal Pike (Route 522) is strictly limited to an entrance and outbound traffic will be required to access Route 522 through Fries Loop Rd. (Route 760). Prior to operation of this retail greenhouse, an approved engineered site plan will be required. This site plan will address all of the requirements of the Frederick County Zoning Ordinance. This site plan will address the driveways and parking requirements. All heavy equipment will be stored within the greenhouse. Staff would recommend that signage be limited to one (1) non -illuminating freestanding business sign no higher than ten (10) feet. This freestanding business sign shall be a maximum of twenty-five (25) square feet. This requirement is in keeping with the rural nature of this area and preventing a typical commercial strip along Front Royal Pike (Route 522). The 2003 Frederick County Comprehensive Policy Plan identifies this property within the Southern Frederick Land Use Plan. The 2003 Comprehensive Policy n states that commercial uses should be concentrated around interstate, arterial, and major collector interchanges and intersections (p. 6- 42.2). Front Royal Pike (Route 522) is identified in the Frederick County Comprehensive Policy Plan as a minor arterial road. This proposed business will be taking place just north of the Tasker Road intersection, which is identified as a major collector. It appears that this business meets the intent of the goals of the Southern Frederick Land Use Plan within the Frederick County Comprehensive Policy Plan. CUP 406-06, Horton Investment LLC August 11, 2006 Page 3 STAFF CONCLUSIONS FOR THE 09/06/06 PLANNING COMMISSION MEETING: Should the Planning Commmission 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. An engineered site plan shall be submitted to, and approved by, Frederick County prior to business activities. 3. One (1) non -illuminated freestanding business sign shall be allowed on the property; sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed ten (10) feet in height. 4. The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance and the driveway that adjoins Fries Loop Rd (Route 760) shall be the exit for accessing Front Royal Pike (Route 522). 5. Four (4) employees would be the maximum allowance for this Conditional Use Permit. 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. • 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. Name, of dfvelopment ano/or description of the request: s Nu: ors Va. Dept. of Transportation Comments: The application for a conditional use permit for this property appears to have little measurable impact on Rs0e's dVreef access to R014e-5-2-2 1444U be an entrance fir- i4b019nd traffic oniy Outhound traffic will h.- rPaliir d to access Route 522 via Route 760. 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 -or -way must ne covered under a iana use permit. i ne permit is issued oy this o is an . r VDOT Signature and Date: (NOTICE TO RESIDENT ENG NEER*PLEAS 7 J 21 /o(,o TURNTHIS FORM tO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. "A Der-�ci?rfrne, nt C -,in -ind Cornrn-nis VIRGINTA Control number Date received Date reviewed Date Revised CUP06-0007 7/10/2006 7/11/2006 Project Name Applicant Horton's Nursery Horton Investment, U-C Address city State Zip Applicant Phone 908 Cedar Creek Grade Winchester VA 22601 540-662-1446 Type Application Tax ID Number Fire District Rescue District Conditional Use 76-A-62 21 21 Current Zoning Election District Recommendations Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System No No No Other recommendation Emergency Vehicle Access Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments Plans approved as submitted. Plan Approval Recommended Yes Requirements Hydrant Location Roadway/Aisleway Width Fire Lane Required No Special Hazards No PLANS APPROVED FIRE MARSHAL, FREDERICK COUNTY Reviewed By Signature J. Neal Title • r] 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. Na of d velopment a /or description of the request: lurfser'4 Inspections Department Comment: Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT*P 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. Name dev lopment and/o description of the request: sa , L Signature and Date: 7-10 - o NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. JUL 10 2006 Q (0 J- U(i O l y AVts4twA# COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 76 - A- - 63- CLEM, ERNEST R JR �1 171 FRIES LOOP RD C WINCHESTER, VA 22602-4821 NIxTC. 00 00,125106 RETURN TO SENDER NOT 0ELIVERAE3l_E AS ADDRESSED AUG 2 F 2006 UNAE3LE: TO roRwARD cc.': 2260;13c?: 907 �3017-O'30`to ao-�'� COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 23, 2006 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #06-06 HORTON INVESTMENT LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 6, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #06-06 of Horton Investment LLC for a Green House and Showroom. This property is located at 2731 Front Royal Pike (Route 522), and is identified with Property Identification Number 76-A-62 in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, Kevin T. H /ry Planning Technician KTH/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 SEP 19 2006 76 - A- - 63- CLEM, ERNEST R JR 171 FRIES LOOP RD WINCHESTER, VA 22�SO:1 y.5g39 22602.4821 NIXIE .'72101 1 00 09/ 1'5106 RETURN TO SENDER NOT DELI VE:RAML..E AS ADDRCS SE L7 UNAGL_E TO rORWARO EEC: 22601503907 *3gi7 g9f513-13- 87 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING September 13, 2006 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #06-06 HORTON INVESTMENT LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 27, 2006, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #06-06 of Horton Investment LLC for a Green House and Showroom. This property is located at 2731 Front Royal Pike (Route 522), and is identified with Property Identification Number 76-A-62 in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, Kevin T. Henry Planning Technician KTH/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000