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HomeMy WebLinkAbout02-07 Keith & Sandra Rogers Auto Repair - Opequon - Backfiler a Date: NOTES File opened Reference Manual updated/number assigned D-base updated On-e location map requested from Mapping Dept. f�5._(, , Lj& % /W eT# Four sets of labels requested from Data Processing • ®8 - 07j File given to Renee' to update Application Action Summary CLOSE OUT FILE: 3A j Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's � File stamped "approved", "denied" or "withdrawn" 4, 3 q o7 Reference Manual updated 3 D-base updated 3 (� File given to Renee' for final update to Application, Action Summary UACarol\Common\Ttacking sheets\CUP.TRK Revised IV19/02 7 CHARGE. CARD FORM Narne 5�M ra 15fabc 4 T 1 GgQIs Phone 9 0 Company Name, Address f_Wl 4CR-,X City, State, Zip Code �Rc(,51� 3 b-i Card Type 5 q- Pip. Date Card# qOH' 'DOYA 45�5 95q Please Accept payment for the -following fee(s) by credit card as noted below: -i- Item Booklets & Maps Description Proffers Vbodsidc.Estatcs II Sm-atoga, Meadows Valley MM Estates Briarwood Estates 11 - IX Sign Deposit Applications (. (A - Zoning & Subdivision Ordinance Sale of Amendments (Zoning/Subdivision ord.) .. Sale of GIS Material 1.942 card user fee Amount Code. PCOI 1OBH $ 10BQ. $ IOCC $ 1OCN. $ 1095 $�J C e 00 ZASP ( 30 $ 5". PCO2 $ PCO2 $ 10 DL $ Subtotal $ Total' A:kh-r--T—vpd m M ro O Postage $ Certified Fee M Return Receipt Fee 17-1 (Endorsement Required) Restricted Delivery Fee (Endorsement Raquired) 'O .A Iti ru Total P, Mr. & Mrs. Keith Rogers 2204 Fairfax Pike Fs",T White Post, VA 22663 r— Postmark Here _ Pb Form n�igust 2u06 see Heverse Tor instructions Certified Mail Provides: • ■ A mai , ceipt ■ A uni nttier for your meApiece ■ A recor delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. ■ Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consiVer Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpie@ce "Return Receipt Requested". To receive a fee waiver for a duplicate return rdbeipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 OL 0 ft March 29, 2007 Keith and Sandra Rogers 2204 Fairfax Pike White Post, VA 22663 RE: CUP #02-07 for Keith and Sandra Rogers Property Identification Number 77-A-13 Dear Mr. and Mrs. Rogers: CK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on March 28, 2007. Conditional Use Permit #02-07 was approved enabling a public garage without body work. Further conditions associated with the approval of the Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2. The property shall have no more than one (1) non -illuminated business sign, no larger than 25 square feet in area, and no taller than 10 feet. 3. The existing commercial entrance on the parcel to the west, known as Tax Map Identification 87- A-90, will provide the driveway for ingress/egress onto the applicant's property, Tax Map Identification 87-A-89. 4. The existing residential driveway accessing from Fairfax Pike will be removed prior to business activities. 5. An engineered site plan and implementation of identified improvements is required prior to any business activities taking place on the site. 6. The applicant will be limited to repairing only five (5) vehicles at a time, including storage. 7. Vehicles for repair use shall be stored behind a board -on -board six foot tall fence, to shield from adjoining properties. Any inoperable vehicles on the property shall adhere to Section 165-47 of the Frederick County Zoning Ordinance. 8. The auto repair business is permitted a maximum of four (4) employees. 9. All repair activities shall occur entirely within an enclosed structure which shall not exceed 2,700 square feet. 10. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 11. Any business uses outside the repair realm of the conditional use permit, is not permitted. 12. Any expansion or change of use shall require a new Conditional Use Permit. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 Keith & Sandra Rogers — CUP #02-07 March 29, 2007 Page 2 If you have any questions regarding this action, please feel free to call this office. Sincerely, Kevin T. Henry, Planning Technician KTH/bad cc: Bill M. Ewing, Board of Supervisors, Opequon District Roger Thomas and Rick Ours, Opequon District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue r t a 11.29.2007 11.29.2007 'fill •'1•E' i ,per_ opoi .mil it¢� ' ' 9y +`�' �/� ' �.`'• •: �� ny�.l '� Awl IFAM 1 r �I'? �• i+ alp �'� - k�".ii;�i1�o. �vl ►��y�c; -� t If�``• t ar .� .� . 11.29.2007 I 11-29-2007 W 7 FES!- L LLill 11-29-2007 11-29-2007 M FILE COPY % 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: March 30, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008. Mr. Rogers had a deposit for one sign for Conditional Use Permit #02-07. Mr. Rogers 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 I Q� Keith Rogers Sandra Rogers 2204 Fairfax Pk White Post, VA 22663 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 CHARGE CARD FORM Name 5an8 ro, SQcbo 14 �i 1 ogees Phone S b 9 0 5 09 Company Name Adams a oil >✓0.��F� x I� City, State, Zip Code �h,�� PvS� Q a a (o�Q � a q sa � �-� Card Type �' S `` Exp. Date 0 (D Card## 0 Y4 4 5 g 5 v� ct 5 q Please Accept payment for the foRowmg feels) by ca-edit card as noted below: r-A Item Bn et Amoumt Code Booklets & Maps PC01 g Description Proffers W3Ddside Estates Il IOBH $ Saratoga Meadows 1 OBQ $ Vey MM Estates MCC $ Briarwood Estates II - IX 1 OCN $ Sign Deposit1095 grJ , 00 Applications (ti P �`;� �` dc� �s 7A SP g 5. o `� Zoning & Subdivision Ordinance PCO2 $ Sale of Amender (Zoning/Subdivisim ord.) PCO2 $ Sale of GIS Material 10 DL $ Subtotal 0 $ r oZ5 0 1.9 4 Z card user fee + 3 Total A:�ugeazdfo�mpd T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING S ROGERS Pd by S ROGERS FOR VEHICLE LICENSE REGISTRATION Ticket # : 000056661 declare that the statement and figures hereon are true, full a Date 2 / 08 /20 sect to the best of my knowledge and belief. Register: CJO/CJ ,d 50% for Business Yes No Trans. #: 08642 �e Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Convenience Fee $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Cr Cd 127.42 # ************ i cO��a CONDITIONAL USE PERMIT #02-07 w� KEITH ROGERS AND SANDRA ROGERS w Staff Report for the Board of Supervisors Prepared: March 14, 2007 1]J8 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: 03/07/07 Recommended Approval Board of Supervisors: 03/28/07 Pending LOCATION: This subject property is located at 2204 Fairfax Pike (Route 277). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 87-A-89 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: Clarke County Land Use: Agricultural East: Clarke County Land Use: Agricultural West: RA (Rural Areas) Land Use: Commercial PROPOSED USE: Public garage without bodywork REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 277, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. CUP #02-07, Keith Rogers and Sandra Rogers March 14, 2007 Page 2 Fire Marshal: Plans approved as submitted. Inspections Department: Building shall comply with The Virginia Uniform Statewide Building Code and Section 311, S (Storage) of the International Building Code. Other Code that applies is CABO Al 17.1-03 Usable and Accessible Buildings and Facilities. Sign shall be permitted as Utility use group and structural plan with foundation detail is required for review. Note the requirements in the International Plumbing Code for a grease oil interceptor to be installed in the pipe system if floor drains are installed. HC parking and building access shall be provided to the new structure. Winchester -Frederick County Health Department: Health Department has no objection as long as only residents of property use bathroom and no customer usage. Planning & Zoning: Public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit, provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from adjoining properties. There will be no vehicle sales, nor unrelated repair sales, allowed with this permit. This application was originally delayed due to entrance way issues. The applicant could not meet driveway spacing requirements given the road frontage of the property. Planning staff recommended the use of an inter -parcel connection through the adjoining parcel. The adjoining parcel to the west (T.M. 87-A-90) contains an existing commercial entrance, used for a farm market. Within the application is a letter from Mr. McDonald (property owner to the west), granting permission to the applicant to use the existing commercial entrance. There is an existing dwelling on the applicant's property. The existing residential entrance will be closed off, via curb, prior to any business activities taking place on site. An engineered site plan will be required, which will account for activities on the property such as: structures, driveways, parking/storage areas, screening, and signage. The applicant is proposing to build a 60'x30' (1800 sq. ft.) garage with a 30'x40' (1200 sq. ft.) screened parking area behind the garage. The applicant has requested a 32 sq. ft. sign, but staff has suggested reducing the square footage to 25 sq. ft. to remain consistent with previous permits. It is a requirement of the Frederick County Zoning Ordinance within Section 165-47 that a RA (Rural Areas) Zoning District property is allowed up to five (5) inoperable motor vehicles, if they are properly screened. In accordance with Section 165-51 V, all repair work shall take place entirely within an enclosed structure. Also within this provision, storage of parts and equipment shall be screened by an opaque fence. During an on -site inspection of the property, the applicant seemed satisfied of the conditions staff had proposed. Given the following conditions and willingness of the applicant to implement the CUP #02-07, Keith Rogers and Sandra Rogers March 14, 2007 Page 3 conditions, staff believes that the proposed use could operate on the subject property without significant impact on the surrounding community. STAFF CONCLUSIONS FOR THE 03/07/07 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The property shall have no more than one (1) non -illuminated business sign, no larger than 25 square feet in area, and no taller than 10 feet. 3. The existing commercial entrance on the parcel to the west, known as Tax Map Identification 87-A-90, will provide the driveway for ingress/egress onto the applicant's property, Tax Map Identification 87-A-89. 4. The existing residential driveway accessing from Fairfax Pike will be removed, prior to business activities. 5. An engineered site plan and implementation of identified improvements is required prior to any business activities taking place on the site. 6. The applicant will be limited to repairing only four (4) vehicles at a time, including storage. 7. Vehicles for repair use shall be stored behind a board -on -board six foot tall fence, to shield from adjoining properties. Any inoperable vehicles on the property shall adhere to Section 165-47 of the Frederick County Zoning Ordinance. 8. The auto repair business is permitted a maximum of four (4) employees. 9. All repair activities shall occur entirely within an enclosed structure which shall not exceed 1,800 square feet. 10. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 11. Any business uses outside the repair realm of the conditional use permit, is not permitted. 12. Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/07/07 MEETING: The applicant, Mr. Keith Rogers, answered questions from the Commission regarding the disposal of oil, old parts, tires, etc. He said he would have preferred a larger structure, but limitations of the property, such as the location of the septic and drainfields, a water main, parking, etc., would ultimately determine the size of the building. Commission members wanted to see the inter -parcel connection platted and legally recorded between the two lots before the site plan was approved. The Commission also wanted to increase the number of vehicles for repair from four to five, under Condition #6. In addition, members of the Commission suggested that if the size of the structure was driven by property limitations and would 0 0 CUP #02-07, Keith Rogers and Sandra Rogers March 14, 2007 Page 4 not actually be known until the site plan review, perhaps the maximum allowable size should be increased, so the applicant would not have to come back before the Commission if the property would accommodate a larger structure. The Commission agreed to modify Condition #9 and increase the square footage from 1,800 square feet to 2,700 square feet. There were no public comments. The Planning Commission unanimously recommended approval with 12 conditions and modifications to Condition #6 and #9, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. The property shall have no more than one (1) non -illuminated business sign, no larger than 25 square feet in area, and no taller than 10 feet. 3. The existing commercial entrance on the parcel to the west, known as Tax Map Identification 87-A-90, will provide the driveway for ingress/egress onto the applicant's property, Tax Map Identification 87-A-89. 4. The existing residential driveway accessing from Fairfax Pike will be removed prior to business activities. 5. An engineered site plan and implementation of identified improvements is required prior to any business activities taking place on the site. 6. The applicant will be limited to repairing only five (5) vehicles at a time, including storage. 7. Vehicles for repair use shall be stored behind a board -on -board six foot tall fence, to shield from adjoining properties. Any inoperable vehicles on the property shall adhere to Section 165-47 of the Frederick County Zoning Ordinance. 8. The auto repair business is permitted a maximum of four (4) employees. 9. All repair activities shall occur entirely within an enclosed structure which shall not exceed 2,700 square feet. 10. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 11. Any business uses outside the repair realm of the conditional use permit, is not permitted. 12. Any expansion or change of use shall require a new Conditional Use Permit. (Please Note: Commissioners Watt, Ours, and Kriz 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. RJ A r�Q GIBSON 87 3 A 33.7 ac. 4 52 40 ♦ J J GIBSON o 87 3 B 98.57 ac. H • , r ' Clarke J �� County, VA Rpe / e� FRIs d� , , /nI O h � m • 2 �. Frederick County, VA Conditional Use Permit CUP #02-07 Application Keith & Sandra Rogers Parcel ID: 87-A-89 Location in the Uunty Map Features C3 CUP0207_KeithSandraRogers Zoning 0 Application B1 (Business, Neighborhood District) O Lakes/Ponds B2 (Business, General District) -r- Streams Aw 63 (Business, Industrial Transition District) z Buildings AD EM (Extractive Manufacturing District) Streets HE (Higher Education District) • M1 (Industrial, Light District) M2 (Industrial, General District) • MHt (Mobile Home Community District) 40 MS (Medical Support District) R4 (Residential, Planned Community District) 40 R5 (Residential Recreational Community Distri ; RAZ (Rural Area Zone) RP (Residential Performance District) C3 Frederick_ County Clarke County, VA V = 0 125 250 5 v eet DZl � I ---' 0 Frederick County, VA Conditional Use Permit CUP #02-07 Application Keith & Sandra Rogers Parcel ID: 87-A-89 Location in the County Map Features Q CUP0207 KeilhSandraRogers Zoning 0 Application B1 (Business, Neighborhood District) (S Lakes/Ponds B2 (Business, General District) w— Streams 4� B3 (Business, Industrial Transition District) Streets 40 EM (Extractive Manufacturing District) HE (Higher Education District) Mt (Industrial, Light District) M2 (Industrial, General District) MW MH1 (Mobile Home Community District) MS (Medical Support District) R4 (Residential, Planned Community District) 4D R5 (Residential Recreational Community Distri) RAZ (Rural Area Zone) RP (Residential Performance District) Clarke County, VA Location in Surrounding Area CD Q-,CK = 0 75 150 "Meet r P GIBSON 67 3 B 95.57 as ROBERTSON 67 A 93 7 3.14 ac. 2a n • a^ P Clarke MCDONALD County, VA 67 A 99 Uj Q A 6ac.� ROBERTSON 97 A 92 1125 ac. ■ Frederick County, VA Conditional Use Permit CUP #02-07 Application Keith & Sandra 4 Rogers Parcel ID: 87•A•89 Location in the County Map Features Ca CUP0207 KeithSandraRogers Zoning Q Application A* B1 (Business, Neighborhood District) 0 Lakes/Ponds z0. B2 (Business, General District) — Streams • B3 (Business, Industrial Transition District) Buildings • EM (Extractive Manufacturing District) Streets • HE (Higher Education District) • M1 (Industrial, Light District) M2 (Industrial, General District) • MHt (Mobile Home Community District) • MS (Medical Support District) • R4 (Residential, Planned Community District) • R5 (Residential Recreational Community Distri) RAZ (Rural Area Zone) RP (Residential Performance District) Q Frederick —County 1 Clarke County, VA Location in Surrounding Area � COG P�GK - 0 125 250 � e ^7' / , /�l '/�'7 L/ c-/u lr Jk/ _ • o i Submittal Deadline FEB P/C Meeting BOS Meeting LrrLXICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the � '— owner other) NAME: O c ��aP S r ,! s�S 5. ADDRESS: TELEPHONE jr!c-� l -66-0 cz C��/ & 5. b -i a, � / = 2� ?S'Q 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) 4. The property has a road frontage of��l, �, �j/ feet and a depth of ,�gS _;Za feet and consists of /, d�--� a acres. (Please be^`exact) 5. The property is owned by -9-A6d :a � AJJ'I<QSA631S evidenced by deed from recorded (previous owner) in deed book no. % on page ='g as recorded in the , records of the Clerk of the irk " ciCourt, County of Frederick. 6. Tax(Parcel)Identification Magisterial District Current Zoning 7. Adjoining Property: (I.D. )No. 2?•-og _ ;g-ej USE North i 'a C&VL- East - r c (" cli'c� South West ZONING �2 A Ile ey N 00 8. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that�the following build constructed: J46 ��o',,�,� ��j� 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 � ��' �/ �= ar6 A, ,O,.0,�DDRESS rA:51 PROPERTY ID#�.�'-� NAME <��,,hl� PROPERTY ID#_ QIPMi PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME' PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS KNOW - ADDRESS ADDRESS M N 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. a 12 . Additional comments, if any: ZAdo�os e'c/ a-ee k)177o n , C E'sf/rv� �--fie ``� ,,.c')o Gc . /c�Ct /So ' 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 Owners' Telephone No.�h,, ��, jip��_��'�����yn • ��'y ��� TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: _IL ® MCINITY UAP i SCALE. 1'=2000' APPROVED BY F.�j MH n, SUBDI KSION ADM/NISTRA TOR DA TE OWNER'S CER77RCA TE l)d6 outhern Bapt340 Tfl 340 09 THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF SADIE M. BENTON, TRUSTEE OF THE SADIE M. BENTON TRUST AGREEMENT [P/N 27—A-12] AND THE LAND OF KE17H F. ROGERS AND SANDRA S. ROGERS [P/N 87—A-891 AS APPEARS /N THE ACCOMPANYING PLAT, IS WITH 77yE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPP!ETORS AND TRUSTEES, IF ANY. t NOTARY PUBLIC STA TE OF k QA 6FA'/COUNTY C� \ e�"reY � 4NA THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON b' S �y BY SADIE M. (DA TF) BEN TON. ci MY COMMISSION EXPIRES - 8 ()VOTARY PUBLIC) STATE OF — Cl TY/COUNTY 77-IE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY KE17H F. ROGERS AND SANDRA S. ROGERS (DA TF) Y COMMISSION EXPIRES (NOTARY PUBLIC) COMMISSION EXPIRES (NOTARY PUBLIC) SURVEYOR'S CER77FICA TE / HEREBY CER77FY THAT THE LAND CONTAINED /N THIS BOUNDARY LINE ADJUSTMENT BETWEEN 7HE LAND OF SADIE M. BENTON, 7RUS7FE OF THE SADIE M. BENTON 7RUST AGREEMENT [PIN 27—A-12] BY DEED DA 7ED 9 MARCH 2O04, AS RECORDED /N DEED BOOK 401 A T PAGE 45J AND THE LAND OF KE17H F. ROGERS AND SANDRA S. ROGERS [P/N 87—A-89] BY DEED DA TED 25 SEPTEMBER 2002, AS RECORDED AS INSTRUMENT NUMBER 020016779 /N 7HE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF CLARKE COUNTY, VIRGIN/A AND FREDERICK COUNTY, NRG/NIA. BOUNDARY LINE ADJUSTMENT tPio�O OP BETWEEN THE LANDSOF SADIE Y BENTON0 ANDKEITH F. ROGERS & SANDRA S ROGERS01 97OPEOUON MAGISTERIAL DISTR/CT — FREDERICK COUNTY, VIRGIN/A GREENWAY MAGISTERIAL DIS7R/CT ^- CLARKE COUNTY, NRG/N/AJUNE 72004 RVE�134 D 61748LA2 SHEET I OF 2 EET MARSH & LEGGE SLAIN HESTER VIRGINIAS22601 Land Surveyors, P.L.C. PHFAAX (540) 667-0469 w -p 0 w az L al ml0 I I � 7E _ � z e � I I I 1 � I �� gRFq BYgc� S? qc' z4On, p 'O BR( PIN 87-A-89 1.0552 ACRES (ADJUSTED AREA) 0.64JJ ACRES (OWGINAL AREA) ZONED: RA USE RESIDENT CONC. PAD WITH POOL 69.5 � J Q I I U 1 1 1 P/ 1 I LEGEND _ °O BR( IRF - IRON ROD FOUND CMF - CONCRETE MONUMENT FOUND IRS - IRON ROD SET 44, EPHONE I BRL - BUILDING RESTRICTION LINEER B0�( FH - FIRE HYDRANT v I WVS - WATER VALVES ��-x-- FENCE UNE rd - WOOD UTILITY POLES - OVERHEAD UTILITY LINES v%` 6i9� GRAPHIC SCALE 8 100 0 so 100 200 NO TES 1 inch v 100 ft. 1. NO T7TLE REPORT FURNISHED. 2. PROPERTY IDEN AF/CA 77ON NO. 27-A-12, 87-A-90 & 90A 3. EASEMENTS OTHER THAN SHOWN MAY EXIST. 4. THE BOUNDARY /NFORMA77ON SHOWN ON THIS PLAT /S BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON MA Y 25, 2004. BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF SADIE Y BEN TON AND KEI TH F. ROGERS & SANDRA S. ROGERS OPEOUON MAGISTERIAL D157RICT - FREDERICK COUNTY, ORGINIA GREEN WAY MAGISTERIAL DISTRICT CLARKE COUNTY, WRG/N/A JUNE 7, 2004 TH OF LNo. ����4 0 ;;aD ID 61748LA2 SHEET 2 OF 2 L EET MARSH & LEGGE SWIN HESTE VIRGIN 522601 Land Surveyors, P.L.C. 1'H FAUX �540) 667-0469 0 FREDERICK COUNTY mo rp0 �uAm DISTRICT SECTION. ^^rouar� oi�TRi�r 00 I understand that Keith and Sandra Rogers are requesting a conditional use permit for an automotive repair garage at their property located at 2204 Fairfax Pike, White Post. Frederick County has indicated to Keith that he use the commercial entrance located on our adjoining property at 2180 Fairfax Pike. We consent to the use of this commercial entrance for access to the Rogers' property at 2204 Fairfax Pike. Gary McDonald Sharon McDonald 03-01-2007 1::s" ""rat►: �� y. t: `' a �h y! ` • "'� '•� Id AW too- Ar fi.1Aidtl :w•�:li - .. , 03-22-2007 0 0- CONDITIONAL USE PERMIT #02-07 a . * KEITH ROGERS AND SANDRA ROGERS w Staff Report for the Planning Commission Prepared: February 16, 2007 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: 03/07/07 Pending Board of Supervisors: 03/28/07 Pending LOCATION: This subject property is located at 2204 Fairfax Pike (Route 277). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 87-A-89 PROPERTY ZONING & PRESENT USE: ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential North: RA (Rural Areas) Land Use: Vacant South: Clarke County Land Use: Agricultural East: Clarke County Land Use: Agricultural West: RA (Rural Areas) Land Use: Commercial PROPOSED USE: Public garage without bodywork REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 277, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. 9 . CUP #02-07, Keith Rogers and Sandra Rogers February 16, 2007 Page 2 Fire Marshal: Plans approved as submitted. Inspections Department: Building shall comply with The Virginia Uniform Statewide Building Code and Section 311, S (Storage) of the International Building Code. Other Code that applies is CABO A117.1-03 Usable and Accessible Buildings and Facilities. Sign shall be permitted as Utility use group and structural plan with foundation detail is required for review. Note the requirements in the International Plumbing Code for a grease oil interceptor to be installed in the pipe system if floor drains are installed. HC parking and building access shall be provided to the new structure. Winchester -Frederick County Health Department: Health Department has no objection as long as only residents of property use bathroom and no customer usage. Planning & Zoning: Public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit, provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from adjoining properties. There will be no vehicle sales, nor unrelated repair sales, allowed with this permit. This application was originally, delayed due to entrance way issues. The applicant could not meet driveway spacing requirements given the road frontage of the property. Planning staff recommended the use of an inter -parcel connection through the adjoining parcel. The adjoining parcel to the west (T.M. 87-A-90) contains an existing commercial entrance, used for a farm market. Within the application is a letter from Mr. McDonald (property owner to the west), granting permission to the applicant to use the existing commercial entrance. There is an existing dwelling on the applicant's property. The existing residential entrance will be closed off, via curb, prior to any business activities taking place on site. An engineered site plan will be required, which will account for activities on the property such as: structures, driveways, parking/storage areas, screening, and signage. The applicant is proposing to build a 60'x30' (1800 sq. ft.) garage with a 30'x40' (1200 sq. ft.) screened parking area behind the garage. The applicant has requested a 32 sq. ft. sign, but staff has suggested reducing the square footage to 25 sq. ft. to remain consistent with previous permits. It is a requirement of the Frederick County Zoning Ordinance within Section 165-47 that a RA (Rural Areas) Zoning District property is allowed up to five (5) inoperable motor vehicles, if they are properly screened. In accordance with Section 165-51V, all repair work shall take place entirely within an enclosed structure. Also within this provision, storage of parts and equipment shall be screened by an opaque fence. During an on -site inspection of the property, the applicant seemed satisfied of the conditions staff had proposed. Given the following conditions and willingness of the applicant to implement the CUP #02-07, Keith Rogers and Sandra Rogers February 16, 2007 Page 3 conditions, staff believes that the proposed use could operate on the subject property without significant impact on the surrounding community. STAFF CONCLUSIONS FOR THE 03/07/07 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The property shall have no more than one (1) non -illuminated business sign, no larger than 25 square feet in area, and no taller than 10 feet. 3. The existing commercial entrance on the parcel to the west, known as Tax Map Identification 87-A-90, will provide the driveway for ingress/egress onto the applicant's property, Tax Map Identification 87-A-89. 4. The existing residential driveway accessing from Fairfax Pike will be removed via curb, prior to business activities. 5. An engineered site plan and implementation of identified improvements is required prior to any business activities taking place on the site. 6. The applicant will be limited to repairing only four (4) vehicles at a time, including storage. 7. Vehicles for repair use shall be stored behind a board -on -board six foot tall fence, to shield from adjoining properties. Any inoperable vehicles on the property shall adhere to Section 165-47 of the Frederick County Zoning Ordinance. 8. The auto repair business is permitted a maximum of four (4) employees. 9. All repair activities shall occur entirely within an enclosed structure which shall not exceed 1,800 square feet. 10. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. 11. Any business uses outside the repair realm of the conditional use permit, is not permitted. 12. Any expansion or change of use shall 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. •• 00 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Name of development and/or description of the request: irr�o e 2� a r' /J ks�r� cs S �o�S - e �icw o T/i ' `30 Y(2 D a 4-0/ a roo - ou,�er 72ul&21, /)cam' Location: S4l?u as 0-/50 c Va. Dept. of Transportation Comments: The -applueat--fepa-FeAditienal dse-PA-FFAit fer this property appears to have a measurahlP impact on Rprovide access to the property. Prior to operation of the business a commercial entrance must be constructed to our standards to allow for safe egress an ingress of the property. Any work performed on the a e s rig -o -way must e covered under d Idlid use permit. i . VDOT Signature and Date: (NOTICE TO RESIDENT EN EER*PLEAS TURN THIS FO T(J XPYLICANT.) 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. • 0 4,cg �, Frederick County Fire and Rescue a_� Department a y Office of the Fire Marshal e� � Plan Review and Comments vIRGI IA Control number CUP06-0014 Project Name Automotive Repair Business Address 2204 Fairfax Pike Type Application Conditional Use Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Flans approved as submitted. Date received 9/21 /2006 City White Post Tax ID Number 87-A-89 Date reviewed 9/21 /2006 Applicant Keith Rogers State Zip VA 22663 Fire District 11 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-869-0509 Rescue District 11 Election District Opequon Residential Sprinkler System No Fire Lane Required No Special Hazards No Plan Approval Recommended Reviewed By Signature l Yes J- Neal — Title L 040 ' REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 2nd floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review form. Applicant's address and phone number: Name of development and/or description of the request: C�cc o tAP /" 4a i r �uSilJcss V- �-i�S 7�u O7i�r O 9ct r a Location: , L s� lqlCP e? o ay-e Inspections Department Comment: Code Administrator Signature & Date: /6 (NOTICE TO INSPECTIONS DEPT-PLEAW RETURN TIMS FORM TOAPPLICA NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. RECEIVED SEP 21 2006 ccoUIm PMwM&NMONS 00 Building shall comply with The Virginia Uniform Statewide Building Code and Sections 311, S Storage) of the International Building Code/2003. Other Code that applies is CABO A117.1-03 Accessible and Usable Buildings and Facilities. Sign shall be permitted as Utility use group and structural plan with foundation detail is required for review. Note the requirements in the International Plumbing Code for a grease oil interceptor to be installed in the pipe system if floor drains are installed. HC parking and building access shall be provided to the new structure. 00 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS 0 Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 12601 (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. ApVlicant's name, address and phone number:. Name of development and/or description of the reauest: Location: Signature and Date: NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach.a copy of your application form, location map and all other pertinent information. On ,... �..,_..�. T. '�"'�T •?»••�w.-.. r �,p. *c` 'S :''.rM� d_`lF y. t�i PPLY rind/oi'.SEWAGE DISPOSA STEMS (V ID AFTER TWELVE :(Z 2) MON HER. - Dote ase No. Owner4&� - clress -Phone (Mailing Address) Occupant. -Phone Pa .,.r;,.-. _..... _ Address (Mailing Addna) Exad Location ,r Q Q M , of Premises ��1 - (Subdivision, Street or d Nomill Section or Lot Noa OWNER DESIRES TO F Cal INSTALL ❑ REPAIR < jDwelling ❑ Other Water Supply System ❑ Water Supply System Actual or pot fiat Bedrooms Actual or estimated Water sewage Disposal System El Sewage Disposal System, mption G D al. per day Automatic Washing �o�+na CI Septic Tank ❑ ank Yes ❑ No G e i❑ Yes C� No Health Department recommen dditional wastes_ gDisposalunit DETAILS OF RECOMMENDED SYSTEMS (1) WtVER SUPPLY Location to he approved by Sanitarian. Type (3) DETAILS OF CONSTRUCTION .Watertight Septic Tank of ts Drilled W I ❑ riven El Bored Well El Dug Well ❑ Other Cased feet. -- - ofAU,.�6.lj� Inside Dimensions length do'feet. Casing to be properly sealed and vented if necessary. Casin f..» eiii., at least 6 inches above pump room floor. Groutedhet, All sur- Width feet. Liquid Depth fee Depth of face drainage to flow away from water supply. Well to have a platform_ Air S a / (� of concrete or other impervious material, at least 4 inches thick at casin p / feet. Laid Capacity gallons. extending at least 24 inches in aH directions iron, Wig, abprg, (4) HOUSE LINE Size_-Y inches. Type of .material for drainogr. s Y _ required . Distance from Water Supply feet. (5) SUBSURFACE ABSORPTION FIELD Distribution Box required. (2) SOIL STUDY Naturally drainH, itable by fight ❑ No Ditches of equal length required. Q Technical Classification Number o{ Imuare feet re red v � 6 Type aggregate Rough Classification ❑ Sandy ium - 0 Clay ❑ pipe required iff Broken Stone ❑ Gravel ❑ Slag. Size range from Clay. Percolation Test required ❑ Yes No. Rate '-- I inches to 21 inches. pth of aggregate from base of file Minutes per inch. Depth of Water Table feet to bottom of ditches ! inches. . Areaat ) Total aggregate must equal minimum depth pf[3 vches or more. Surface drainage required El Yes L7 No Area�Drpirwge Soil Cover over the t exceed 1 " inches. Distance from by Lowering Ground Water Table required ❑ Yes L7 No well to septic tank"r$ feet. distance from well to draintile field- ' feet. Rough Sketch of Premises (including adjacent Properties if pertinent, Showing location of Lot Line,_ Bindings, Water' Supplies,. Se age sal S Trees,, and Other-Passs�le Sources -of Contamination of -Water Su b -- - --- - _ ._ T '+�►,,1 *!'spa s„r� �y�'i Q ,. f- .3i/rYv-.�', �<:: `,� '� "T e.x�.8' - .,,.- �, _. ..- ';iS'E'.t� � ,••r,'. - -. ..— _�^_'�c ��r�A`� �51�.'�'.s'iy7� ..:<A,v �i•fE�"','�d.-y�$7'i.'!','.•>,1iY'.i i3.-1';f`i'?r'l�., i,'. :3. ':� w wood 41 OT [ : ar f `� r d _ z..,._ .... , _ _ _•_• i het Note: Owner or his agent must notify Health is teddy for inspection. !f aery .Sewage Disposal System, or Ppart thereof, u cow io the direction of she }taokA Oirgryor or his agent. CONDITIONS DISCOVERED DURING INSTALL Changes from above specifications require Health Department approval before being made. \;Based on the above information. the undersigned recommends that ved this per. be -- 121 Rev. 1�-6.5 (Reviewing ) SiSigned. yirginfo Slate Department of Health TIMUCATR _� when installation it shall be uncovered at FITS OF SYSTEM. DESIGN, h Director) 0 i#�;:tttt f7r�punt+�erst rdwar.;:�dGgl ,yam � ��'_�..a.;�.�.���t�����'�� ` ➢�����q�3�� �F-•���r# ►e-..t, �#es, -� SEWAGE AS7ALpH (1rA110tted Area ad'nmxd)An# ')^9 t�� «�hDIM OX QN,E3. t. t+rt�z�tfr �� la ,: of ? a !Q_ se -hares eac7i !Teat ' _. t lin feet Wnea r g _. f 3 "❑ No. Distribution Box proz►idedw'th .. , - _ ( INA4ALLATI0N AND DESIGN "'"` "{ww )o rxtarxl.. i °e- _ ' Installed according to Permit Deeign,•Aee .. L1.NQf, `{}�CACE AS3(�RPTION s a:a . +►� « Have additional Household Appliances been added NOT. an , 'lb {n bottom a� t ches o feeE Permit: ❑ A matic Washer ❑ Garbage Disposalditch of ditches set ❑ Other %0 Grade of ditches , '`; �' t StIE. , ; �,. Inches per 100 feet ' , ,; p,6 ` feet Has system been (8) SOIL CONDITION { -. ', checked by inatraments f Are there soil conditions now "evident which "systatn aggregate Tvz ram_' ' w �� f smay be ow imsatisfactory as designed: 1� Yes t�, If Yes, iieptlr�{{ $88regate nnn�n er T�Te_ _�,,..►, o k,;.,hadjustments under , . _ (4) ROUSE SE R LINE ;' over inches aggregate / w• inches ^•t,•. •as,,�*x3r;Ft::,r,_ -T7 ♦. Installed es ❑ No. Type of ma (8) SURFACE DRAINAGE , .. -�'�• - Storm Drains from;House and Basement flowing away from - (b) SEPTIC TANK - . Subsurface Drainage Field:- Yea : ❑ No. Was Surface Constricted o _ . _ Drains a tom;- bse: pre - - vided- Yee [1 ❑ No: Has area ed by low Inside Dimensions Len feet Wid�13 feet. eying Ground Water Table: ❑ Yes ❑ No. of required, Liquid Depth__ feet. Depth of Air Spac�e, hes. Inside Fittings comply with requirements No. j`y (9) Are follow-IIy impsactions necessary ❑yes' (1Qo1 _ - -•tT- X •fir' 1.�.� :.'7"Ir> Septic Tank Contractor_ This Sewage Dispo System (Is) U&jQj) Approved ZT 6 _Signed�� ,l D_ I/tom A a i t Phone— / x � L its AnnmvM T '••;4 ealth Department q. lMLOl,$ 1 uveaw) Date Approved Date _—Approved _ r') (P—IDg Audwdiy — Othw Agaecy) 1 With proper maintenance, approved Sewage Disposal systems may be expected to function satisfactorily, or physical damage occurs to tl),e system. Remarks: provided no overloading NRcsr trse .. u {7�t! i, 7t r,+.q�l-JM`^' . iA'i�. 1 'ike: t' t ^JC, Viginia Dapar6a�nt at. Haalli Zfr�f rt aMh'1? �tL)O!1!► iS5! [ '* • « Ejy �aQ-7�z tatrlC 's* 7.�-I"aff.U-N, C°IF r k'Ib%i�#},d�i�i:itMAt A'C*:'C sn. 9$'i.sz ++�$ "r , •.mot ru 1>a ::k..;,: t>~w, , :� �l+R m►aa►.n.:sac'" c±..•r r ,:c: ,.. � . h� +�- • J• fps :f : r. �p•.x+ f } d , ._ � j; .'�yvW{j �•+ C^a'fr1 .V A}?'y--�.w,.r �.... yM,. •.-• Ll,ait+�T`�• �•�^+„i�rr�r�„ ..: r- ., ), �, yr.: �iAt f 14 vA ., �d�at Efi��d�. � .."`�7t qZ• • [ l,M�,H r' N� t ��r t _ � F aRi 41a. • • JL� 4E VICINITY IIAP � A SCALE: 1*=20W ■ APPROVED BY U, oozy outhern SAN a eo lapt MH = ! 340 Dinosai r 0 La © SlTE SUBDIVISION ADMINISTRA TOR DA TF OWNER'S CER77RCA 7F THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF SADIE M. BENTON, TRUSTEE OF THE SADIE M. BENTON TRUST AGREEMENT [PIN 27-A-12] AND THE LAND OF KEITH F. ROGERS AND SANDRA S. ROGERS [PIN 87-A-89] AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH 77-,,E FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROP,PIE JOFS,,. AND TRUSTEES, IF ANY. 'SAME SANDRA S. ROGERS STATE OF NOTARY PUBLIC � CAA'/COUNTY C V R S-, THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON S (DA TF) y BY SADIE M. BENTON. w MY COMMISSION EXPIRES 1- l- O g OTAR Y PUBLIC) STA TF OF CITY/COUNTY THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY KEITH F. ROGERS AND SANDRA S. ROGERS. (DA TF) MY COMMISSION EXPIRES - (NO TAR Y PUBLIC) MY COMMISSION EXPIRES - (NO TAR Y PUBLIC) SURVEYOR'S CER77FICA TE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMNENT BETWEEN THE LAND OF SADIE M. BENTON, 7RUS7FE OF THE SADIE M. BENTON TRUST AGREEMENT [PIN 27-A-12] BY DEED DA 7E"D 9 MARCH 2O04, AS RECORDED IN DEED BOOK 401 A T PAGE 45J AND THE LAND OF KEITH F. ROGERS AND SANDRA S. ROGERS [PIN 87-A-891 BY DEED DA TFD 25 SEPTEMBER 2002, AS RECORDED AS INSTRUMENT NUMBER 020016779 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF CLARKE COUNTY 14RGINIA AND FREDERICK COUNTY ORGINIA. BOUNDARY LINE ADJUSTMENT ' TH OF BETWEEN 7HE LANDS OF SADIE M. BENTON AND 9 KEITH F. ROGERS & SANDRA S. ROGERS 0.001 97 OPEOUON MAG157FRIAL DISTRICT N FREDERICK COUNTY, VIRGINIA GREENWA Y MAGISTERIAL DIS7RICT N CLARKE COUNTY, VIRGINIA ✓UNE 7, 2004 t9ND sUR`1S�o ID 61748LA2 SHEET 1 OF 2 DAF MARSH & LEGGE SWIM HESTER, VIRG N 522601 Land Surveyors, P.L.C. PHFAAX �540) 667-0469 FREDERICK COUNTY FILECOPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL December 12, 2007 Mr. Keith and Sandra Rodgers 2204 Fairfax Pike White Post, Virginia 22663 RE: 2204 Fairfax Pike Property Identification # (PIN): 86-A-143A Zoning District: RA (Rural Areas) Dear Mr. and Ms. Rodgers: This letter is to inform you that your Conditional Use Permit (CUP) #02-07 is being scheduled for revocation at the earliest public hearing, due to violations of the conditions placed on CUP #02-07. 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. This office has received complaints of violations of the conditions placed on CUP #02-07: Condition 4: The existing residential driveway accessing from Fairfax Pike will be removed prior to business activities. This condition has not been met; the driveway is still in use. Condition 5: An engineered site plan and implementation of identified improvements is required prior to any business activities taking place on this site. The identified improvements on the approved site plan have not been implemented. Condition 6: The applicant will be limited to repairing only five (5) vehicles at a time, including storage. More than five (5) vehicles were noted on the property. Condition 7: Vehicles for repair use shall be stored behind a board -on -board six foot tall fence, to shield from adjoining properties. Any inoperable vehicles on the property shall adhere to Section 165-47 of the Frederick County Zoning Ordinance. Board -on -board fence is not on the property and vehicles are not stored as required by Section 165-47. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. &'Mrs. Keith Rodgers Re: 2204 Fairfax Pike December 12, 2.007 Condition 11: A' business use outside the repair realm of the conditional use permit is not permitted. It is noted that cars are for sale on the property. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/dlw COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 14, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #02-07 FOR KEITH ROGERS AND SANDRA ROGERS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, March 28, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #02-07 for Keith Rogers and Sandra Rogers for a Public Garage Without Body Repair. This property is located at 2204 Fairfax Pike, Route (Route 277), and is identified with Property Identification Number 87-A-89 in the Opequon 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 This is WO to certify that the attached correspondence was mailed to the following on `7 from the Department of Planning and Development, Frederick County, Virgmia: 84 - A- - 89- CHADWELL, STEVE THOMAS PO BOX 550 STEPHENS CITY, VA 22655.0550 Keith & Sandra Rogers 2204 Fairfax Pike White Post, VA 22663 87 - A- - 90- .MCDONALD, GARY W & SHARON R 514 CLARK ES STEPHENS CITY, VA 22655.5104 87 - A- - 108- SOUTHLAND CORP, THE 2711 N HASKELL AVE DAI LAS, TEXAS 75204-2911 K6in T. Henry, Pla . • ing Technician Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do reby certify that K vin T. Henry, Planning Technician for the Department of Pla ing an Development, whose name is signed to the foregoing, dated fl , has personally appeared before me and acknowledged the same in my State aild County aforesaid. 0 Given under my hand this �day of 07 My commission expires on� NOTARY PUBC14Y I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 February 23, 2007 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION 402-07 FOR KEITH ROGERS AND SANDRA ROGERS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 7, 2007, 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 H02-07 for Keith Rogers and Sandra Rogers for a Public Garage Without Body Repair. This property is located at 2204 Fairfax Pike, Route (Route 277), and is identified with Property Identification Number 87-A-89 in the Opequon 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 1®7 forth bent Street, Suite 202 o Winchester, Virginia 22601-5000 This is to certify th t the attached correspondence was mailed to the following on o from the Department of Planning and Development, Frederick County, Virginia: Planning Director - Clarke County 102 N. Church Street Berryville, VA 22611 84 -:A- - 89- CHADWELL, STEVE THOMAS PO BOX 550 STEPHENS CITY, VA 22655.0550 Keith & Sandra Rogers 2204 Fairfax Pike White Post, VA 22663 00N .87 - A- - 90- MCDONALD, GARY W & SHARON R 514 CLARK RD STEPHENS CITY, VA 22655.5104 - — 87 - A- - 108- SOUTHLAND CORP, THE 2711 N HASKELL AVE DALLAS, TEXAS 7F%i14 2911 Kevin T. Henry, Planning Technician Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 2 I, , a Notary Public in and for the State and County aforesaid, do &rjby certify that Vvin T. Henry, Planning Technician for the Department of Planni . g nd 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 �). AG - day of My commission expires on NOTAR UBLIC AP -DATA PROCESSING F .BEV - PI nning Dept. Please tint sets of I - b V G"�-jaw ,�% HANK 8. The type of use proposed is (consul_ before completing) r 9. It is proposed"that,the following buildingswill be constructed: J'a A- R o ec mod 4r , —y? o 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`"-�- �./ Sae i0,,0 ,,2-XDDRESS 52'- PROPERTY I D# NAME � �,,s!>�( �n 4c e ADDRES S..2 7// Al, L/�.*. #t PROPERTY ID#__& 7 _ JaIt V Aa�/s "9 7$aay PROPERTY ID# NAME PROPERTY ID# NAME ADDRESS ADDRESS ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME' ADDRESS PROPERTY ID# NAME PROPERTY ID# ADDRESS I 0 • L)i /,tz_1 � a, W N S E REQUESTING AGENT: DEPT. OF GtOGRAPIUCWORMATION FREDERICK COUNTY, VIRGMU GIS, MAAPPViG, GRAPHICS WORK QUEST DATE RECEIVED: oZ 0 REQUESTED Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: FAX: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additio MJ 4 7 DIGITAL: SIZES: COLOR: PAPER: F DATE: BLACK/WI-HTE: . . NUIMER 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.# (54D)665-5651) Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, f-SARBARA-OATA PROCESSING v41 S-fia��-k OM. 7--ning Dept.g7N„fffPlease rint sets of I/' HANK 8 . The type of use proposed is ( consul ._ _ ___ �_ _ _ _ before completing) r ` 9. It is proposed that,the-following buildings will be constructed: ,d - do 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--�,/ '� S�a .C�DDRESSy�/,� PROPERTY ID# g�7-,R-S' 0 NAME �� /-� al:if �'� ADDRESS PROPERTY ID#_ 7-,,-r W %d NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME PROPERTY ID# ADDRESS