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10-08 Adam Arkfeld Bed & Breakfast - Stonewall - Backfile
1: NOTES Date: lo File opened Lo Reference Manual updated/number assigned glit o D-base updated �i t L One.-IoGatien map requested from Mapping Dept, I Four sets of labels requested from Data Processing $ /1 jo (File given to Renee' to update Application Action Summary CLOSE OUT FILE: fi lor Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's lVC File stamped "approved„ „denied" or "withdrawn„ � /a ip Reference Manual updated / a� D-base updated lr),6S�l File given to Renee' for final update to Application Action Summary UACarohCommon\Tracking sheds\CUP.TKK Revised IV19/02 m 0 UD Ir Ir LL DATE NO. RECEIVED FROM CJ- ADDRESS DOLLARS $ ❑FOR RENT U FOR BY AMT. OF ACCOUNT CASH AMT. PAID �C,• � CHECK i BADUECE y r �� .. ,,.r �' , ...ft A. ,� �� �.��' e� C y ..t .i �� _ i -', � } -', � 1'. � 7 7r ..... 'Y��Y_ �, L i � 1 r I r��w� ,,, .il. ��Ma#1 Sg : �' !i '.�t , ,�j, ��� �� �. � . .,eta' Y �'�`��' �� 1 I v4 l" ,ti��y� ;„� ��; , , 4 4 Y� 1 i Y'" ,,n�,�N�. . , � � +i ~� ��' n+ r 0 y 71y' �. � �;., �� -f w � � �R ,1 �.,3 .`, M�, �,7 � � � # � t ."y,�wr^ � �' .. r -,'A TO: Finance Department 6 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: January 23, 2009 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Adam Arkfeld. He had a deposit for one sign for a Conditional Use #10-08 for Arkfeld Bed & Breakfast. Mr. Arkfeld 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: Adam Arkfeld 335 W. Whitlock Ave Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 b I l u b` On.e-Jeoe#on p requested from Mapping Dept. i Four sets of labels requested from Data Processing $ l9 o 0File given to Renee' to update Application Action Summary CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's �CFile stamped "approved", "denied" or 'withdrawn" J Reference Manual updated D-base updated 1 �2 09 File given to Renee' for final update to Application Action Summary -TA aL�ct) a y P(�!, c � �5 ��� ��� �F—� �n�✓h C-Q'D UACa I\Common\Tracking shceu\CUP.TRK P—ised 1VI9102 DATE RECEIVED FROM �--'�`� C 1.. "`�i� c • C Na. ADDRESS �-' ^ 1�J �� I'� R. r�„!�> ► . f u/r1 :i�'i, y% ft* `' 1 it J DOLLARS J ❑FOR RENT FOR AMT. OF CASH ACCOUNT AMT. PAID CHECK t '9+1iANCE '� I -MONEY E oaor R BY �r°zl 2 oho ashb Date 8/08/2008 '3�� 0�`REDERICK COUNTY Register: JKH/LKHS2 '�sJ� Qa�3 sS�S' � �,3 �o`� pS�+�1' / C. WILLIAM ORNDOFF, JR Trans. # 48983 P.O.BOX 2 2 5 Dept # 1095 Acpct # �0&4 WINCHESTER VA 22604-0225 Previous ,Cti��°a` Oti`3�0 `�►� / SIGN DEPOSITS PLANNING Balance $ 50.00 ySs��y' Principal Being Paid $ 50-00 Penalty $ .00 Interest $ .00 MANNING Amount Paid $ 50.00 *Balance Due $ .00 Check 20269.00 # VARIOUS Pd by PLANNING 8/2008 _ nTIT- TntrT.nnFq PENALTY/INTEREST THRU THE MONTH L -J 46 a N? December 12, 2008 Mr. Adam Arkfeld PO Box 280 Clearbrook, VA 22624 RE: Conditional Use Permit #10-08 Property Identification Number 34-A-98 Dear Mr. Arkfeld: CK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 This letter is to cenfinri action taken by the Frederick County Board of Supervisors at their meeting on December 10, 2008. Conditional Use Permit r 10-08 was approved for a Motel/Bed and Breakfast use. 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. Any proposed business sign shall conform to the cottage occupation sign requirements and net exceed four -square feet in size. . 3, No more than three bedrooms and six guests allowed with this bed and breakfast use. 4. No other on -site activities "ill be associated wztr this b,,d and breakfast. 5. Any _-xpansion or modifications will require new conditional use permit. 6 Allowance of a one-time Chamber of Commerce Social,)n.site in the Spring of 2009. If you have any questions regarding this action, please feel free to call this office. Sincerely,. ar R. Cherar Zoning and Subdivision Administrator MRU/bad cc. Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman. Stonewall District Pla*> .g Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 CONDITIONAL USE PERMIT #10-08 lCX ' c�G ADAM ARKFELD w Staff Report for the Board of Supervisors t Prepared: November 25, 2008 w � , a ,N Staff Contact: Mark R. Cheran Zoning Administrator 1 )J8 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: 09/03/08 Tabled 45 days by PC Planning Commission: 11/05/08 Recommended Approval Board of Supervisors: 12/10/08 Pending LOCATION: This property is located at 250 Sister Chipmunk Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 34-A-98 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a Motel/Bed and Breakfast REVIEW EVALUATIONS: VIRGINIA DEPARTMENT OF TRANSPORTATION: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 668, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. • CUP #10-08-Adam Arkfeld November 25, 2008 Page 2 FIRE AND RESCUE: Plan approval recommended. INSPECTIONS DEPARTMENT: Existing R5, under 5 sleeping units, requires no change of use per 2006 Virginia Uniform Statewide Building Code. No permit or inspection required unless renovation or new structures are added. Our records indicate 4 bedroom dwelling with 8 occupancy. HEALTH DEPARTMENT: Contact the Office of Drinking Water for information regarding the well. No objections regarding drainfield. Per Office of Drinking Water, 8/7/08, no water testing required to limited number of potential guests. Maximum of 6 guests plus the inn keepers per day. REVISION 8127108: If the conditional use permit is approved, please submit an application to the Health Department for a Bed & Breakfast permit. The Bed & Breakfast permit will cover the inspection of the facility and serving of breakfast only. If other meals are provided, then a food facility permit will need to be applied for and a plan review done. Planning and Zoning: The Frederick County Zoning Ordinance allows for motel uses in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP); a bed and breakfast qualifies as motel use. This proposed three (3) bedroom bed and breakfast will take place on 58 acres of land. The applicant will be limited to a total of six (6) guests. No other activities will be associated on -site with this proposed bed and breakfast. The nearest structures from this proposed use are more than 150 feet away. There will be no employees associated with this proposed use, other than those residing on -site. Based on the limited scale of this proposed use and evaluation of the property, it appears that this proposed use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 09/03/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size. 3. No more than three (3) bedrooms and six (6) guests allowed with this bed and breakfast use. 4. No other activities will be associated on -site with this bed and breakfast. 5. Any expansion or modification shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/03/08 MEETING: Seven persons spoke during the public comment portion of the public hearing; they were adjoining property owners or residents along Sister Chipmunk Road. Some of the speakers • 0 CUP #10-08-Adam Arkfeld November 25, 2008 Page 3 were relatives of the applicant. Those who spoke in opposition were concerned the increase in noise, traffic, outdoor lighting, and the intrusion of outsiders would negatively impact the beauty and tranquility of the area and consequently disturb their quality of life. A safety concern was raised by an adjoining property owner regarding outdoor activities because his family members were hunters. They did not believe non-residential uses were appropriate in their subdivision and business use did not conform to their subdivision covenants. A property owner at the entrance to Sister Chipmunk Lane was concerned he would be inundated with people searching for the bed and breakfast because the applicant's property was difficult to find and he was only permitted one sign. In addition, they believed Mr. Arkfeld was manipulating their subdivision for his own purposes by selling a parcel from his property, having the new owners sign the subdivision covenants, and using Sister Chipmunk Lane as an access to the bed and breakfast. They objected to Mr. Arkfeld using their private subdivision road for his business clientele and they believed Mr. Arkfeld should provide his own access to the bed and breakfast. The three persons who spoke in favor, or who said they had no objections to the permit, did not believe the use would generate a great deal of activity or cause a major impact. The applicant answered questions from the Commission on why he wished to use Sister Chipmunk Lane as the primary access for the proposed bed and breakfast and what his intentions were towards contributing financially to the maintenance of the road. The applicant explained his proposed yoga studio would be an amenity for weekend retreat guests and he did not plan to have regular yoga classes for the public. He also wanted to offer the use of bike trails on his property for guests and would respect the neighbors' property lines. Commission members asked the applicant who determined when the road needed repaired and what each individual's financial share would be. Commission members suggested that a road maintenance agreement between all of the property owners, clearly defining the issues, would be beneficial. Commissioners advised the applicant to talk with the neighbors and attempt to work out an agreement on the maintenance of the road. The Planning Commission tabled the CUP application for 45 days to allow sufficient time for the applicant to make an effort to meet with the property owners along Sister Chipmunk Lane in an attempt to work out an agreement. The majority vote was: YES (TO TABLE): Unger, Watt, Ambrogi, Manuel, Ruckman, Oates, Kriz, Mohn NO: Wilmot, Thomas, Kerr (Note: Commissioners Ours and Triplett were absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/05/08 MEETING Staff reported the Planning Commission had tabled this item to allow the applicant to address some private road issues raised by the neighbors at the Commission's public hearing on 0 0 CUP #10-08-Adam Arkfeld November 25, 2008 Page 4 September 3, 2008. Mr. Benjamin M. Butler, attorney representing Mr. Adam Arkfeld, reported he had researched the right-of-way which serves this property and it is well established by all of the property owners in the chain of title that Mr. Arkfeld's property would be served by the right-of-way and go over the adjoining properties. He said one of the remaining questions was the maintenance issue and he believed this issue had been resolved with an agreement which has been signed by everyone except the Johnsons. He explained that the agreement essentially places a maximum amount the other property owners would have to pay at $200; he said if the other property owners paid for any materials, for example, gravel for the road or cleaning ditches, they would receive a credit against that $200. Mr. Butler believed everyone was satisfied with the agreement, except the Johnsons, who may be in agreement, but they could not be reached. Concerning staff s recommended conditions, Mr. Butler spoke with the Commission about a one -time -only activity to take place in the Spring of 2009 to allow Mr. Arkfeld to have a Chamber of Commerce social. Mr. Butler asked the Commission to consider this one-time exception so they would not have to come back before the Commission in the Spring. A member of the Commission stated that many upset neighbors attended the public hearing on September 3, 2008, and the Commission wanted to give them an opportunity to work with the applicant and get some of the issues straightened out. Commission members believed the applicant had accomplished that task. The Planning Commission unanimously recommended approval of the CUP with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to the cottage occupation sign requirements and not exceed four -square feet in size. 3. No more than three bedrooms and six guests allowed with this bed and breakfast use. 4. No other on -site activities will be associated with this bed and breakfast. 5. Any expansion or modifications will require a new conditional use permit. 6. Allowance of a one-time Chamber of Commerce Social on site in the Spring of 2009. (Commissioners Ambrogi, Ruckman, Triplett, and Kerr were absent from the meeting.) ' dam Arkfeld Conditional Use Permit - Bed Et Breakfast 34 A HBA CUP 10 - 08 BRADFORDANNE�TEARKFELD i 1'' PIN; 34-A- 98 : •ARMiELD 'AN" -#A 881, i I! Q� R..... a �1 r N j 34 A 98 ' ARKFELD.ADAM-CHARLEt ; I ' t % roc �, r .014 41%13A JON T S PAULA B R(�tftAA L,ni O(kO" r T f� 4 Case Planner: Mark J RQyM 9y +� ©Application Zoning M2 (Industrial, General Distnct) d A -59._ - d ERG/N/q ;_TTTT� Urban Development Area r.- , BI(Business, Neighborhood District) ' MHI(Mobile Home Community Dislncp t -' V SWSA B2 (Business, General Distrist) — MS (Medical Support District) 4W 83 (Business, Indusvid Transition District) Rd (Residential Planned Coummnity DistncU r / - 45 66 ! I, I ® EM (Exuactm Manufacturing District) - R5 (Residential Recreational Commmnity District) CEWRICNARD B WULF PATR�Q(�'!� I I ! I - HE (Higher Education District) O RA (Rural Ares District) - MI (Industrial, Light District) RP (Residenlal Performance Dburict) N 0 750 1,500 3,000 Feet WE 1 I I Ma): UceumE:nl: IN (Pl;arainu ADJ_ Devtaupinentl_7_Lut:alvr _ Mps11W81Atlam ArkfalU -. t)UP1008 081508::,.J? 6'18.^M9 858 41 AM . '(.Submittal Deadline ' A P/C Meeting: D BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA .1'. Applicant (The applicant if the owner. other) NAME: CC�C'r ADDRESS: sy .S'1iS`Lr` C�J l ►r.,�t �G' ��I - ��N�tIuu�' !�r/� rC TELEPHONE S 3 3 l 2. Please list all owners,adult 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) 0/) PC4117 Ae a e-tc�`c SCE 4. The property has a road frontage of / Soo feet and a• depth of ,5oC) feet and consists of 17 acres. (Please be exact) 5. The property ' is owned by �-40 as evidenced by 'deed from �f; _� .,C; recorded (previous owner) in deed book no... on page '709- , _ as recorded in the records of the Clerk of the Circuit Court; County of Frederick._ 6, Tax (Par.cel) Identification "(I. D.,) No.. Magisterial District .-A-)"Ie c. Current. Zoning �� 7. Adjoining Property: USE ZONING North �'`� ��f (AT0 lc� _ R/4 . East i --J,j rc, 4�26 C- South RA West The type of use Rroposed is (consult with the Plamdrig Dept. before completing) 9. It is proposed that the following buildings will be constructed: 0,1 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in fi•ont 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 j�G � , 4�l! rJyfA ADDRESS _ 20 ) �.gnL�,„!?ur C-� PROPERTY ID# 3q NAME6 o -6,-c-eo �-�i S Z-tC.ADDRESS Z;L`76 i'v-:�511 PROPERTY ID# r3.S'-/-2 -_3.19 NAME Sc r, , e 7' , �`7`�- l� ADDRESS S 4, d Y Gw,C''" PROPERTY ID# SusA.h � NAME r � �` r� ,/jrY`� f� ADDRESS R31 cic. 6y-o ve. 2.,,1, c,rb,-.GZ/ a4r'iCiu t� NAMEL (etr c-II' e//14..-eN ADDRESS S--23 9� etk C-ee- gcc PROPERTY ID#��. �' .� � ✓ �'/�crr�� t-�,% j% � �2 �' � `� NAME % Co ( -A � !;rcy-ADDRESS PROPERTY ID# = C - 3 ✓ V. 0 0 NAME _ADDRESSG/ ^< PROPERTY ID# _ ( ✓ fti , r�cia. NAME IADDRESS PROPERTY ID# (% NAME d� y /,cJ�ns�n,_ ADDRESS PROPERTY ID# y— ��` `V 2 Z 6 Z y NAME o� /� %_ /Z- ADDRESS S� S ,� J L, n S PROPERTY ID# 3 y �o _ `� � 2 NAME 961�6G j. I les lJ,l DRESS f 7/ aCL, L) PROPERTY ID# � ydis�.u- NAME�2 0q AnAct, PROPERTY ID# J 2 Z4 25 NAME C�7C �� G�G� Q� ✓ d I�WaDDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 'l NAME iu, 14DRESS PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS Yfi 0* 12. Additional comments, if any:. I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address /0, U , ClCG ll r&, - b� 0;( aC,� Owners' Telephone No. (S�� 19 S73•-/ O 6 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 060012569 N co THIS DEED OF DEDICATION AND DECLARATION OF COVENANTS, made and dated this 3 O day of .)vniE Qb 2006, by and between /� AJ/t/E i�/�i�E Ll� >��Grantor, hereinafter called the DECLARANT, and AS FREDERICK COUNTY, VIRGINIA, Grantee, hereinafter called COUNTY. WHEREAS, the DECLARANT is the owner, in fee simple, of the real estate described hereafter and as follows: 3 Lot Subdivision, Tax Map I.D. Number 34-A-99, as shown on the Final Plat of Subdivision of made by P71 CMEL /,q?TZ , L.S., dated JUNC 2e , 200 $ , attached hereto and by reference made a part hereof. This is the same real estate acquired by the Declarant by that certain deed dated h PR /G (? ., 200, which deed is recorded in the aforesaid Clerk's Office as Instrument # 05 00127/ 7 WHEREAS, the lots shall hereafter be referred to herein as the "Property". WHEREAS, the Plat accurately shows the metes and bounds of the subdivided land, together with the dimensions of each Lot thereof and also shows certain surrounding lands in said Subdivision to be used as sewer easements, utility, ingress -egress, and drainage easements, all of which shall constitute a portion of that development known as and All of the Lots shown on the plats as referenced herein shall be subject to the following restrictions, covenants and conditions, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I All Lots shall be used for single-family residential purposes only. No business or other non-residential usage shall be permitted. 2. Any utility, garage, or other outbuilding on any Lot shall be of the same material and construction as the main structure on such Lot. No more than two (2) buildings may be erected on one Lot. Size of building is l limited to a four (4) car garage, second story is permitted. If constructing a barn, it ma e a maximum of 36 x 36 feet. 3. No signs or advertising of any nature shall be erected or maintained on any Lot except for a residential "For Sale" sign for said Lot, which signs shall not exceed five (5) square feet in area; provided, however, that the signs used by the Declarant to advertise the Property during construction and sale shall not be subject to the terms of this restriction. Further, any sign or signs erected by Declarant upon Lot setting forth the name of the Subdivision, shall be exempt from the provisions of this restriction. No "For Rent" signs shall be allowed or displayed on any Lot. 4. No more than two (2) powers boats, motor homes, campers, commericial buses, trailers of any kind, tractors or heavy trucks or vans, in any combination, may be parked within the subdivision. Nor more than two (2) commercial or business vehicles (personal use) may be parked on lot. Any un-housed vehicles must have current VA registration and inspection. After completion of dwelling, no heaving equipment or industrial equipment allowed on lot. 5. No ATVs, motorcycles, pocket bikes, mopeds, off road vehicles, or any motorized recreation vehicle of any size or make, or any noise producing conveyance of any type is allowed to be operated on any lot or road in the subdivision. 6. No firing range or hunt club permitted. 7. All lots are required to observe any setback lines and/or rear yard lines as shown on plat, in addition to observing any County ordinance. 8. No outdoor burning of trash. Trash must be disposed of at County site, or a pick up service arranged for. No dumpsters allowed in subdivision. 9. No kennels for any species of animal may be operated. No more than four (4) dogs may be kept at any time. No more than four (4) cats may be kept at any time. 10. No pigs allowed. A maximum of three (3) livestock permitted. No exotic animals permitted. A maximum of six (6) chickens/roosters permitted. 11. When walking or : xercising pets outside owner's lot, pet owner is responsible for the conduct of the animal and must remove all pet waste. Pets may not run loose within the subdivision, and must be kept securely on owner's lot. 12. All fencing shall be constructed of wood, composite lumber (trex), masonry, or iron. No chain link or stockade fencing permitted. ' 13. In the that dwellingoestroyed, the the dwelling, 60 days Of* event a owner of within said destruction, shall clear away the remaining portion of the dwelling unit and maintain the lot in a neat and orderly condition. 14. In the event a dwelling unit is damaged, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. p CJn 15. No lot shall be used or maintained as a dumping ground for refuse. Trash, garbage or W O other waste shall be in sanitary containers and screened. No refuse or any container for same shall be placed or stored in front of any house, except on the date of refuse pick-up. 16. One story houses shall have a minimum of 1800 square feet of living space. Two story houses shall have i minimum of 2200 square feet of living space. Living space shall be computed using outside foundation measures and shall be exclusive of carports, garages and basements. 17. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of ten years from the date of this instrument and shall be renewed automatically for additional successive ten year periods. 18. The invalidation of anyone of the covenants or restrictions contained herein by judgment or Court Order shall in no wise affect any of the other provisions which shall remaining full force and effect. The failure to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent therleto. 19. Parking of recreational vehicles such as campers, trailers, boats and others mentioned in section 4 of these covenants is prohibited unless a dwelling has been erected and is occupied. 20. Camping or residing on the lot in a non -permanent structure of any land is prohibited. 010 21. Any dwelling constructed within the subdivision must have a permanent foundation, and 0 C.t7 manufactured housing is not permitted. 22. Adam Arkfeld, owner of the adjacent 73.507 acres is responsible for the maintenance, repair and snow removal of the subdivision road. Thereafter, the owner of each dwelling located on the subdivision road shall be responsible for 20% of the cost of such maintenance, repair and snow removal, payable annually in the amount of $ 200.00, and Adam Arkfeld shall be responsible for the balance. 23. No noxious or offensive activities shall be carried on upon any Lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the other lot owners. 24. Each Owner shall keep each Lot owned by him and all improvements therein or thereon in good order and repair and free of debris, including but not limited to the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. 25. The Declarant herein reserves and shall have the right alone to waive any one or more of the restrictive covenants and conditions contained herein as to any Lot owned or transferred by it, except for the restriction contained in the first sentence of Restriction No. 1 pertaining to single family residential use of all Lots in and further as to the provisions of Restriction No. 12 under Article I of this Deed of Dedication, which shall not he waived hereafter by the Declarant as to the Lots in This waiver shall not affect the binding effect of the covenants and restrictions upon any other Lot. The Declarant further reserves the right alone to impose additional restrictive covenants and restrictions as to any Lot or Lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other Lots owned by the Declarant. 4 E 0 CA ARTICLE 11 N \) EASEMENTS Section 1. Maintenance of Drainage Easements and Detention Areas: The maintenance of all drainage easements and detention areas located within the subdivision shall be maintained by the lot owner as it applies to the lot owner's lot. ARTICLE III GENERAL RESERVATION The DECLARANT herein reserves unto itself, for a period of seven (7) years, the right to amend this Deed of Dedication, provided that the single family residential nature of the subdivision shall not be changed. ARTICLE IV GENERAL PROVISIONS Section 1. Enforcement: The DECLARANT, its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the DECLARANT, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the DECLARANT, its successors or assigns, or any Owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorney's fees, costs and damages. Section 2. Sev rabi i : Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 5 • o crt w c.a The subdivision of the land as shown on the plat of 3 y - R - 9 9 presently recorded, or recorded herewith, is with the free consent and in accordance with the desire of the undersigned DECLARANT, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the COUNTY, or other agency having jurisdiction thereof. WITNESS the following signature and seal: i STATE OF VIRGR41A Gf1'/COUNTY O -wit: The foregoing instrument was acknowledged before me i4t dt of 2006,by JiPUBLIC My commission expires: d 5 A0 / Document prepared by: Phillip S. Griffin, II, P.C. 102 South Kent Street Winchester, VA 22601 0 w .T- NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ h ASSOCIATES ON NOVEMBER 19, 1999. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. CONTOUR INTERVAL IS 2 FEET, ELEVARONS ARE ASSUMED. 4. PROPOSED WELL LOCATION HAS BEEN REVISED, HEALTH DEPARTMENT APPROVAL 15 REQUIRED. CONTRACTOR IS RESPONSIBLE FOR MEETING ALL HEALTH DEPARTMENT REGULATIONS DURING INSTA1100N. = REBAR SET UNLESS NOTED OTHERWISE ®=POINT 34 A-100 L. GLEN W. d PAMELA RUSSELL 952/1405 ? USE: RESIDENTIAL UNE BEARING I L1 S 51.5517 N BT64 10 E M715.69 L3 S 15'44 44 E L4 N 75'29 54 E L5 N 19'31 64 L6 S 76'09 42 72.48' L7 N 48'5719 E 316.77 L.8 S 7758 34 1 1.07 19 N 12'25 69 70.46 710 N 66'1445 E 25,60 L1 1 N 86' 14 45 E 37,10 L12 N b2' 19 60 E 10923 L13 N 66' 1723 E 100.44 L14 15 S 66'58 0) E S 76'43 45 E 399.42 11049 SHEET 4 OF 6 36- WHITE ON( N 66'16'23" E 540,20' t16 N st 1Tto' 83.90 y LID 1 � z - -- v :1 — — — — PROPOSED WELL — — — — — — 50' ORL — — — — w 0.119 AC HEREBY 6 DEDICATTD TO 1HE `" RESIDUE = N COMMONWEALTHIAP OSE 'I t1 w OFFVIRGVIRGINIA D NNFIE LOT j 4 6.882 �► '�r_------- L4 250 ACRES A' O \ 0 & 412 03 A=38.62' POST 34-A-97 WESLEY B. h KELLY C. LICHLITER a� \ \ �^, \'•CIL #030013812 USE. RESIDENTIAL a•\ H OF o MICHAEL M. ARTZ r \� _ 100' BRL \ \ \ No. 19951 REBAR !� (,t / 6 f7 O FOOUNDUNG 6 � � HD SURD rnQ REBAR t� FOUND 34-6-1 '�'+ S 65'06'17" W 226.24' LINDA M. SULLIVAN DETAIL OF 740/210 USE: RESIDENTIAL 34-A-98 LOT'i ADAM CHARLES ARKFELD j #05M12717 MINOR RURAL DIVISION OF USE; A&. 21.062 ACRES STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA II.inn' DATE' JUNE 90 2005 SCAl.E,1 - 9 Artz and ApoociateN, PLC PRES�1344-99 NT OWN R. .1 uhaldisr7 07 Ye e9 6n[tneerin[. PLC ANNE ARKF LD BRAW018RID2 `�° w' sl Pl ask E>+T I6 Ead pcmdily 54ed TM. B 943, & IN5T. #050017530 43 2"°'-547 TFl 510-a67-3213 FAX 5�6-66J-9188 TOLL FTFF I-SM-756-7320 t c.a cn NOTES: I. BOUNDARY SHOWN HEREON WAS DETERMINE➢ BY A FIELD RUN SURVEY PERFORMED BY ARTZ k ASSOCIATES ON NOVEMBER 19, 1999. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. CONTOUR INTERVAL IS 2 FEET, ELEVATIONS ARE ASSUMED. 4. PROPOSED WELL LOCATION HAS BEEN REVISED. HEALTH DEPARTMENT APPROVAL IS REQUIRED. CONTRACTOR IS RESPONSIBLE FOR MEETING ALL HEALTH DEPARTMENT REGULATIONS DURING INSTALLATION. LIME BEARING DISTANCE 0 S 86' 10 41 E 265.62 L2 S 14'44 50 E 82.70' L3 N 72.1106 E 76.19 L4 18.58 50 70.81 L5 S 81'42' t 6 71.30 L6 N 45' 17' 12 E 266.64' L7 S 66'56 01 E 163.42 L8 S 66'56 01 E 5.84 L9 N 23'36'50 E 6.54' Lt0 N 23'3550 E 12.04 L11 S 65'0617 8,61' L12 S 66'06 17 1119.43' L 13 S 50'22 30 E 366.81 ' L14 S 65'0617 153.07 L15 I N 24'5 43 321.21 LOT REBAR SET 34-A-100 GLEN W. & PAMELA L. RUSSELL 952/1405 USE: RESIDENTIAL N 66'16'23" E 430.24' ___ W_ _ 50' BRL — I 5 I S7 PRO7>� RAINFlELD I � I 1 I I I I LOT 2 Cr 04 7.000 r w i PROPOSED ACRESWELL I � to I I m c:4 Of I r I I I I I L=333,74' J R=500.00' r A=38'14'37!- C LEN=327.58' -DRG=N 42'43'09' E �— EXIST. 50' INGRESUTIS/EGRESS dt EASEMENT L\ 12 dt / REBAR SET SHEET 5 OF 6 REBAR SET LOT 3 r N w m V 4- co w w S 65'06' 17' W 430,15' RERAR SET 34-A-98 DETAIL OF ARAM 0500127t7RKFELD LOT2 USE: A6. MINOR RURAL DIVI5ION OF 21.062 ACRES STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" =100' DATE: JUNE 28, 2005 PN: A TT?WKF�L09BRADFORD N34-99B43, FIG 1812 & INST. #050017530 non cnr Yn...a r, PA-T H OF V d' WCHAEL M. ARTZ No. 1951 4 (2C��a5 Artz and AUeociateO, PLC A Ouboldlap of Ya aY BRAL.eerin�, PLC LWD SUMMING " PIAfRMNG DEVF1 mEM y,�le,'�E�osl Rccod➢ly Anal **CHL RR, VA. 22601-4740 fa 540-567-3233 FAX 540-667-9180 TOIL FRE I-600-M-7320 0 0 NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ k ASSOCIATES ON NOVEMBER 19, 1999, 2. THIS PUT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. CONTOUR INTERVAL IS 2 FEET. ELEVATIONS ARE ASSUMED. 4. PROPOSED WELL LOCATION HAS BEEN REVISED, HEALTH DEPARTMENT APPROVAL IS REQUIRED. CONTRACTOR IS RESPONSIBLE FOR MEETING ALL HEALTH DEPARTMENT REGULATIONS DURING INSTALLATION, 34-A-100 34-A-1078 GLEN W. b PAMELA L BEVERLY JAVINS RU55ELL 755/916 952/1405 USE: RESIDENTIAL USE: RESIDENTIAL L1 N 64'21'16" E 400.70' REBAR REBAR SET FOUND r 4 50' BRL I I I I ' LOT 3 7.062 ' I ACRES J o 18.698 SF o LOT 2 m DRAINAGE ESMT. m FOR BENEFIT OF r4 ry I TM 134-A-98A` w I \r 4% L=25.26' w R=500.00' \ \ m A=02'53'41" Ltfi T1 C LEN=25,26' 4.10 BRG=N 63' 17' 17" E � J p L20I PROPOSED !` 2\ N 0 cn w rn SHEET 6 OF 6 REBAR SET LINE BEARING DISTANCE L1 N 66'16 23 E 34.91 L2 11'2423 E 252-15 L3 N 0T41'66 E 64.39' L4 N 49' 16 31 E 72.17 L5 S 13'O6 07 E 64.51 LIS S 58'20 33 91.57 L7 S 79'31 38 E 351.08 L.8 N 64'44 08 E 136.26 L9 27-29 00 E 25.33 LID N 71.0210 E 98.04 L11 S 71'0210 95.44 L12 N 79'27 03 131.83 L13 N 491236 123.48 1-14 1 N 52'30'34 E 116,04 L15 I S 47*12 49 E T24.77 L16 S 52'57 13 92 21 L17 S 79'27 03 E 108.30 1-18 N 71'02 I0 E 88.10 L19 N 24'53 43 255.13 L20 N 65*06 17 E 76.82 L21 S 08-08 14 E 266.44' WELL j L18 60' BRL PROP ED L _ DRA IELD L6 110 25.IS) _L8 R 50.00' (CW) _ !� A=43'33'09' C LEN=37,10' L=130.03' BRG=N 49'15'35" E EXISTING R=200,00' 50' WGRESS/EGRESS k A=3715'08." UTILITIES C LEN=127.76' REBAR EASEMENT SET BRG=N 46'06'34" E v REBAR SET S 65'06' 17" W 435.57' 34-A-98 DETAIL OF ADAMC#0555W1 71RKFELD LOT3 USE: AG. MINOR RURAL DIVISION OF 21.062 ACRES STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: I" =100' DATE: JUNE 28, 2005 PR 5 NT OWN R: AN TTE ARKF LB 943,D 3A0822 h INST. #050017530 PROJECT 121118 34-A-98A ANNETTE ARKFELD BRADFORD #050012717 b #050017530 USE: A& �PLT H OF � WCHAEL �, ARTZ v �l G 195 k%4�.'4N0 SURN�yo Artz and Aociated. PLC A 9ubeldler� of el e� 6n�ioaerin[, PLC L" SURYDINc Lvo PL~ of DP Fui 16 but PWCGd4 $tred PCHEOR, VA 22601-4740 TEL 540-661-3233 FAX 540-667-9188 � f0(1 FREE I-800-755-1320 so 0 cn W —.I 'IIRUINIA: FREDERICK COUNTy. SCT, his instrument of writing was produced to me on at 1 '. -43 with certificate f acknowledgement thereto annexes, ad 'tted to record. T imposed by Sec, 581-802 of , and 58.1-801 have been paid if assessabl, 444- 1 Qerk It!l :7 SHEET 3 C ti iota,. i'1 ll ivivN riEREUN WAS DETERMINED BY A FIELD RUN SURIEY l<,,•1,;;:1. i;?A1t12 & ASSOCIATES ON NOVEMBER 19, 1999 AND APRIL 7, 2008. 35—A—. i n'; r,,.i Iii rot`.66JLCr TU EASEMENTS AND RESTRICTIONS OF RECORD. ✓GRO-GRI ,. r o tiu i r ti FURivISHEO. 34-A-98A \ PROPERT 4. ALI Ot2O'ERI&"; ZONED RA, UNLESS NOTED OTHERWISE ADJOINING ACREAGES ANNETTE ARKFELD` LLC fALiaJ Er<DM PUBLIC RECORD. BRADFORD #020022 ANNETTE ARKFELD #050012717 & 35.35 E BRADFORD #050017530 , 21.08 AC. 34-A-99A✓#050012717 & ANIJEfT #060010568 li•.I #34-A-9� ARKFELD 7.06 AC.,,-- ` I iiziU Ti r r VA ---EXISTING. JOHNSON 'EXISTING 50' r "I)8iiii t i294 13RADFORD �; i INGRESS/EGRESS k d #050012717 & , - UTILTIES EASEMENT IN / #060010568 $°.' INSL/050012717 ' / / / 7 AC. �.� �� NEW (AM SISTER CHIPMUNK i - TM #34—A-98 LANE) r ; 'THESE PROPERTY 58.133 •- 1. ' S t• A D � � J i � � • ` LINES HEREBY � �r (.I EEK k0AD REVISED LOT 1 ��CREATED ��E `� i TM #34-A-988 > } .^ 35-A-2 . ''i 'r , i 5.000 , JANET ARKFELD ir•:I r:S4—ti-1 / ACRES ,�� 791/1345 r R:LI." H,. TINfGN .� ORIG. ,$ 72 AC. I a (SHEET 4) iM #—A-9$ f :) AC. EXISTING R/W t WIDTH UNKNOWN / I Ltl.7,i i�'ili 110,l?0 KEL.LAM, Il f �DqS� E-jjEj�PROP��WN� pI I'.-\h1'IA JANE KELLAM �'. 1' 1100. / / I 5 A,C• ORIG. LOT 1 mr 41 n Trt a34-6-3 TM #34—A-988 `----------------/ / f� k1 t t Y FORD 100, BRL A inuTE BROWN ' 1030008574 AC. TM 134-A-98C ADAM CHARLES ARKFEL.0 / / 1050012717 & / ,' / / / CLARKEE COUNTY TM #34-6-5 #060012912 / / ; / ✓ TM 1-A-2 FLOYD J. 10.37 AC. 1 i , / [ ERIC R. & SUSM JENKINS, Sr.,,, / / 1 B. ARKFELD & GAYLE R. , 2771605 r'i+;l. -`, IiU:q;Lftiliury WILSON I- Cal 217.329 AC. IiIIC, #020001812 [Ni ij 34 A - ;Id 53.047 AC. 5. AC- 1 �� INI #:l-I-A-580 10.086 AC. I f I / f II Iti� h :14--A-98 58.133 AC. 1 rvl �� 4 -A 96tJ 5.000 AC. 100 A O1. 5.086 AC. TM ##34-6-7 Alin; ; 61ENT LEWIS E. CRUMPACKER, Jr. & CHRISTINE .M. MANGAN #070014064 UTIUTYGEASEMENT IN5.16 AC. I 106M12912 / INDEX SHEET, TM #34-6-8RIC FINAL PLAT, BOUNDARY SUSAN1' B ✓ � Lliwc ADJUSTMENT of 9 a��o/r0-'T"�° i.. A� L.. � � C S 10.32 AC.pc, S�TI [AIEVVALL DISTRICT, MICHAEL M. ART' F`kEb—C-kTCK COUNTY, OyO // i I Lic. No. 1513-B TM #34-A-9513 �• ) V: kGINIA TM M. & SCALE: 111='iiJl� VIRGINIA H. SMITH�qh �yo , 790/1558 SURD ee DATE:.APRIL 29, 2008 5 AC. / / —_— f'I<CSet`�T (JIh'NLR: / / TM # D E &✓ Artz and Associates, PLC I RICHAR L IN 4 Suhsil[asy ar 4altay Fnriueering. PI.0 ADAM CHARLES ARKFELD PATRICIA WULF ��° � East p �`" `�""' ra Euec Per sU-c TM—434•A.-98 4 98B INST.#050012717 ao2 s34 wxc667-ER, � z5,-,6,� 33.0 AC, 10. 540-6d7-Y233 FAX 510-667-91tl2 SEE AL50 INST.# 060012912 Ax1 FLEE,-mo 7�5-7>zo Ian u�_ 111,11111:IiF; u� _ 1 NIA plj FRONT ELEVATION; -- -�'-' '—`0 - --- - - - - - - - _ -.,_;: A'n t; A! yF 1�.-.1�1.4T AV) F nFFICr,/i •N.F'y_.-- HEA`.ER TRIM,_OU':ER ANO r 1 :`A APO;_ F - .. WiNMW WIDTHS REDUCED AT 5rDRODM TO t r:4., - T^`�= -1ION U STti^.: A S!,wlt ,A3A;c "ROL' • L E FT D .,F_,FED HE.AlVD-0 TRIM, FR,'.)',IT CORNER REAR ELEVATION ELWIINATED ALL LITTLE PEICES OF SIDING MONA REAR 0= FAVI_Y ROOM ADDED TRANSOM WINDOWS A30Vr SLiDDING GLASS DOORS ANC) FLANKING --LQWWER=D_. M, SAT rVIVDDV� T` ALLOW ri)R i� �D .R 80`Jc INCREASED SIZE OWHNOOW HEACS Af,,D C, -- �31 I`dCREASED ROOF OVERHANG A FA,IvAILY R'DOM CLEANER, E`S C LU 1 TERED I:a;.:i�SLE f I;JNG� • • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 26, 2008 _ TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #10-08 FOR ADAM ARKFELD On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 10, 2008, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #10-08 for Adam Arkfeld, for a Cottage Occupation — Motel/Bed & Breakfast. This property is located at 250 Sister Chipmunk Lane, and is identified with Property Identification Number 34-A-98 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 i This is to certify tat the attached correspondence was mailed to the following on ®� from the Department of Planning and Development, Frederick County, Virginia: 34 -6- - 3- FORD KELLY & ANNETTE BROWN 34 -A. - 98- PO BOX 118 ARKFELD ADAM CHARLES CLEARBROOK VA 22624.0118 PO BOX 280 CLEARBROOK VA -22624-0280 34 . A- . 98-B MAY CHARLES D 34 - A• - 98-A MAY SONYA L BRADFORD ANNETTE ARKFELD 501 HICKORY TRL WINCHESTER VA 22602 20118 LARKSPUR CT 45 . A- - 66- GERMANTOWN MO 20874.1001 LEW RICHARD & WULF PATRICIA 35 - A- - 3-A 940 SHADY CREEK RD GRO-GREEN PROPERTIES LLC CLEARBROOK VA 22624.1300 3276 WOODSIDE RD - 34 . A- - 99- CLEARBROOK VA 22624-1350 JOHNSON TIMOTHY W JOHNSON MARGO 35 - A• - 2• 141 SISTER CHIPMUNK LN ARKFELD JANET CLEARBROOK VA 22624.1361 34 -6- . 1- 841 SHADY CREEK RD TIPTON ROBERT K CLEARBROOK VA 22624.1302 I TIPTON JANET R 583 SIR JOHNS RD 34 6 B. CLEARBROOK VA 22624-1323 ARKFELD ERIC R & SUSAN B j 231 PEACH GROVE DR CLEARBROOK VA 22624.1308 34 -6- - 2- KELLAM lLEWELLYN WARD II &PO BOX 340 lam' CLEARBROOK VA. 22624.0340 rk R. Cheran, Zoning & Subdivision Administrator ,derick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I . , a Notary Public in and for the State and County aforesaid, dO hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Depart ent of Planning and Development, whose name is signed to the foregoing, dated p , has personally appeared before me and acknowledged the same in my State and tounty aforesaid. Given under my hand this day of My commission expires on =N'VOTAWLINGER 331878UBLICOF VIRGINIAMES JULY 31, 201110 =! _ R .11 U FI' 34 -6- - 5- JENKINS FLOYD J SR & WILSON GAYLE R 171 PEACH GROVE DR CLEARBROOK VA 22624.1307 34 - 6- - 7- CRUMPACKER LEWIS E JR MANGAN CHRISTINE M 209 PEACH GROVE DR CLEARBROOK VA 22624-1308 Jon & Paul Morgan 142 Peach Grove Dr. Clearbrook, VA 22624 Harry & Virginia Smith 786 Shady Creek Rd. Clearbrook, VA 22624 Planning Director - Clarke County 102 N. Church Street Berryville, VA 22611 r� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING October 24, 2008 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #10-08 FOR ADAM ARKFELD On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, November 5, 2008, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #10-08 for Adam Arkfeld, for a Cottage Occupation — Motel/Bed & Breakfast. This property is located at 250 Sister Chipmunk Lane, and is identified with Property Identification Number 34-A-98 in the Stonewall Magisterial District. 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, R. Ch ran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 This is to certify that the attached correspondence was mailed to the following on 0 from the Department of Planning and Development, Frederick County, Virg nia: 34 - A- - 98- ARKFELD ADAM CHARLES PO BOX 280 CLEARBROOK VA 22624-0280 34 - A- - 98-A BRADFORD ANNETTE ARKFELD 20118 LARKSPUR CT GERMANTOWN MD 20874.1001 35 - A- - 3-A GRO-GREEN PROPERTIES LLC 3276 WOODSIDE RD CLEARBROOK VA 22624.1350 35 - A- - 2- ARKFELD JANET 841 SHADY CREEK RD CLEARBROOK VA 22624.1302 34 -6- - 8- ARKFELD ERIC R & SUSAN E 231 PEACH GROVE DR CLEARBROOK VA 34 -6- - 2- KELLAM LLEWELLYN WARD II & PO BOX 340 CLEARBROOK VA. 22624.0340 34 -6- - 3- FORD KELLY & ANNETTE BROWN PO BOX 118 CLEARBROOK VA 22624.0118 34 - A- - 98-B MAY CHARLES D MAY SONYA L 501 HICKORY TRL WINCHESTER VA 22602 45 • A• - 66- LEW RICHARD & WULF PATRICIA 940 SHADY CREEK RD CLEARBROOK VA 22624-1300 11 34 - A• 99- JOHNSON TIMOTHY W JOHNSON MARGO 22624 1308 141 SISTER CHIPMUNK LN 226241361 CLEARBR00K VA Marl k. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK `P 5 a 2 a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated (): >' oe) , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 3 day of c9C�6-'--� 0-0 8 My commission expires on 1 &-- NOTARY PUBLI c ( f y 74 34 -6- - 1- i TIPTON ROBERT K TIPTON JANET R 583 SIR JOHNS RD CLEARBROOK VA 22624.1323 34 -6- - 5- JENKINS FLOYD J SR & WILSON GAYLE R 171 PEACH GROVE DR CLEARBROOK VA 22624-1307 34 -6- - 7- CRUMPACKER LEWIS E JR MANGAN CHRISTINE M 209 PEACH GROVE DR CLEARBROOK VA 22624.1308 Jon & Paula Morgan 142 Peach Grove Dr. Clearbrook, VA 22624 Harry & Virginia Smith 786 Shady Creek Rd. Clearbrook, VA 22624 75 - A- - 96- GLAIZE DEVELOPMENTS, INC PO BOX 888 WINCHESTER, VA 22604.0888 0 Adam Arkfeld PO Bog 280 Clerabrook, VA 22624 Planning Director - Clarke County 102 N. Church Street Berryville, VA 22611 T COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 22, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #10-08 FOR ADAM ARKFELD On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 3, 2008, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #10-08 for Adam Arkfeld, for a Cottage Occupation — Motel/Bed & Breakfast. This property is located at 250 Sister Chipmunk Lane, and is identified with Property Identification Number 34-A-98 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be availablefor review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, Mark R. he an Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 i ,. This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: - - - - _- -- -- - -- - I 34 •6- - 2- 34 - A- - 98• KELLAM LLEWELLYN WARD II & ARKFELD ADAM CHARLES PO BOX 280 PO BOX 340 CLEARBROOK VA 22624.0280 CLEARBROOK VA. 22624.0340 - 34 • A- - - 34 - 6- - 3- AN BRADFORD ANARKFELD FORD KELLY & ANNETTE BROWN PO BOX 118 20118 LARKSPUR CT CLEARBROOK VA 22624.0118 GERMANTOWN MD 20874.1001 34 A 98 B - I MAY CHARLES D 35 A 3 A MAY SONYA L GRO GREEN PROPERTIES LLC 501 HICKORY TRL 3276 WOODSIDE RD WINCHESTER VA 22602 CLEARBROOK VA 22624.1350 -- -- — 45 . A• - 66- 35 -A- - 2- LEW RICHARD & WULF PATRICIA ARKFELD JANET 940 SHADY CREEK RD CLEARBROOK VA 22624-1300 841 SHADY CREEK RD CLEARBROOK VA 22624.1302 34 -6- - 8- ARKFELD ERIC R & SUSAN B 231 PEACH GROVE DR CLEARBROOK VA 22624.1308 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Plamling Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Dep rtmen t of Tanning and Development, whose name is signed to the foregoing, dated oshas personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 1-1 day of - My commission expires on cZ� DIANE l WALSN NOTARY PUBLIC -REGISTRATION # 354475 COMMONWEALTH OF VIRGINIA MYC MM S O2012IRES JUNE NOTARY PUBLIC () Ug/ 34 - A- - 99- JOHNSON TIMOTHY W JOHNSON MARGO 141 SISTER CHIPMUNK LN CLEARBROOK VA 22624.1361 34 - 6- - 1- TIPTON ROBERT K TIPTON JANET R 583 SIR JOHNS RD CLEARBROOK VA 22624.1323 34 - 6- - 5- JENKINS FLOYD J SR & WILSON GAYLE R 171 PEACH GROVE DR CLEARBROOK VA 22624.1307 34 -6- - 7- CRUMPACKER LEWIS E JR MANGAN CHRISTINE M 209 PEACH GROVE DR CLEARBROOK VA 22624.1308 Jon & Paula Morgan 142 Peach Grove Dr. Clearbrook, VA 22624 Harry & Virginia Smith 786 Shady Creek Rd. Clearbrook, VA 22624 Planning Director - Clarke County 102 N. Church Street Berryville, VA 22611 a e iP A-1)AAA- --*— J'q 7. Adjoining Property: 00:BARBARA-0ATA PROCESSING FROM:BEV - PI nning Dept. Please p int sets of labels by 9 THANKS! USE ZONING North W00ACA ---914-- East South ate„ ,1.c �1 A West g. J��T�he type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed- 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: A, 5 NAME►-JYQJ ADDRESS PROPERTY ID# -/Q - C�' g'/tj ✓ ��,an -7�-m wn /77cd NAMEr, A �r'rce� Prv�✓,= LCADDRESS,ya'7, �y��.16'de & PROPERTY ID#317 C/cc, 4r ` k Y� aa6 a'k NAME e �. �`( ADDRESS ey d C�e� PROPERTY ID# �,$ r _ a ✓ ���4���6V k" �i¢ aa�'a NAME r' t / SuSan ADDRESS 231 PROPERTY ID# jetjo - on f 'le- �'fe�rbr�a�� �/� aa6a&f NAMED/ewC-flVn ADDRESS 23 PROPERTY ID# NAME a /4rrvc Ve 8rolitADDRESs PROPERTY ID#_a q-�— 3 ,/ CIE r6 ro� NAME n ,�%6i V ADDRESS PROPERTY ID# - - ✓ �'"�ie1^ I' a ago a NAME ADDRESS S/iG PROPERTY ID# NAME(ram d �k `/ W ��� fcn-► ADDRESS A7 PROPERTY ID# ,3 Y-`J - �C �''E V/4 Z Z Z Y NAME o i � T £ //Z - ADDRESS 25 I PROPERTY ID# NAME W ,.l DRESS l71�e cl, PROPERTY ID# 3Y 6 - S NAMEI-e(iS £ TDB V`- oq le4ctn D� PROPERTY ID# 3 Y- - % C r r� �� Z Z4 2-V NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# �IP to -og 0 7. Adjoining Property: TO: BARBARA-DATA PROCESSING FROM:BEV - PI nning Dept. Please p int sets of labels by g THANKSI °� USE ZONING North (/act, f I I4Jo-'te4 fnoD East f1c.':LCi^4 s�� , \ _ U South � Westy aQ fl Q The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed- 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be mail of this application: notified by NAME -4>nc- ADDRESS o � 8' l w.kx v /' C� , PROPERTY ID#� -� - C� �',lj � ��,a•-� �� w� /%7d Q G r7 � / 0 u NAME S �r'rc-ems Probe ;Es 4CADDRESS.?0L—?49 PROPERTY ID# 1- - 31,9 Clea NAME e 74�r,��—t ADDRESS ,� d PROPERTY ID# $�- a a c a'f NAME r' c �� -Susan ADDRESS//R3 vc: _ PROPERTY ID# NAME/�cwC-%may_ ADDRESS S ?3 94,-,d Crc-c-. - gc- PROPERTYID#_3 - 6' - a NAME o /'a �r !;P ADDRESS o PROPERTY • NAME n ADDRESS Sd l ,'c.ee- 1 PROPERTY ID#�� �-- G(J: n�%►e 1^ Y' a ago a NAMEg1 c. A,-.j C,J It1u�� ADDRESS o SJiG PROPERTY ID# NAME �il-, o -�!� `/ �t% • _._17��,.5y�-i PROPERTY ID#_3y—,,# - NAME 1-,e> Liar �- /t- ADDRESS ��� S'S (fj;,o x4L*h/c Ln L114 2z4 zV X DRESS PROPERTY ID# ,� y NAME a c� .-—[,ek,,�LS Iud l.,. DDRESS PROPERTY ID# 3 Y 6 S Ll�q� -'�-> - 112- 1 %/ C�-�n,�e_ U r �L, b,-�� v� z;?Z zy £ 5 �- NAME DRESS� 2i.s PROPERTY ID# % (I- Z ZL Z% NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS Co CONDITIONAL USE PERMIT #10-08 o� ADAM ARKFELD w a Staff Report for the Planning Commission w Prepared: August 15, 2008 ,pGIM) Staff Contact: Mark R. Cheran, Zoning Administrator 1)J8 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: 09/03/08 Pending Board of Supervisors: 09/24/08 Pending LOCATION: This property is located at 250 Sister Chipmunk Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 34-A-98 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a Motel/Bed and Breakfast REVIEW EVALUATIONS: VIRGINIA DEPARTMENT OF TRANSPORTATION: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 668, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. 0 • CUP #10-08, Adam Ackfeld August 15, 2008 Page 2 FIRE AND RESCUE: Plan approval recommended. INSPECTIONS DEPARTMENT: Existing R5, under 5 sleeping units, requires no change of use per 2006 Virginia Uniform Statewide Building Code. No permit or inspection required unless renovation or new structures are added. Our records indicate 4 bedroom dwelling with 8 occupancy. HEALTH DEPARTMENT: Contact the Office of Drinking Water for information regarding the well. No objections regarding drainfield. Per Office of Drinking Water, 8/7/08, no water testing required to limited number of potential guests. PlanninjZ and Zoning: The Frederick County Zoning Ordinance allows for motel uses in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP); a bed and breakfast qualifies as motel use. This proposed three (3) bedroom bed and breakfast will take place on 58 acres of land. The applicant will be limited to a total of six (6) guests. No other activities will be associated on -site with this proposed bed and breakfast. The nearest structures from this proposed use are more than 150 feet away. There will be no employees associated with this proposed use, other than those residing on -site. Based on the limited scale of this proposed use and evaluation of the property, it appears that this proposed use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 09/03/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size. 3. No more than three (3) bedrooms and six (6) guests allowed with this bed and breakfast use. 4. No other activities will be associated on -site with this bed and breakfast. 5. Any expansion or modification shall require approval of a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. o©� CONDITIONAL USE PERMIT #10-08 ADAM ARKFELD w Staff Report for the Planning Commission w ' Prepared: October 21, 2008 ® Staff Contact: Mark R. Cheran Zoning Administrator anclN 1>J8 , 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: 09/03/08 Tabled 45 days by PC Planning Commission: 11/05/08 Pending Board of Supervisors: 12/10/08 Pending LOCATION: This property is located at 250 Sister Chipmunk Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 34-A-98 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a Motel/Bed and Breakfast REVIEW EVALUATIONS: VIRGINIA DEPARTMENT OF TRANSPORTATION: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 668, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use, ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. CUP #10-08, Adam Ackfeld October 21, 2008 Page 2 FIRE AND RESCUE: Plan approval recommended. INSPECTIONS DEPARTMENT: Existing R5, under 5 sleeping units, requires no change of use per 2006 Virginia Uniform Statewide, Building Code. No permit or inspection required unless renovation or new structures, are added. Our records indicate 4 bedroom dwelling with 8 occupancy. HEALTH DEPARTMENT: Contact the Office of Drinking Water for information regarding the well. No objections regarding drainfield. Per Office of Drinking Water, 8/7/08, no water testing required to limited number of potential guests. Maximum of 6 guests plus the inn keepers per day. REVISION 8127108: If the conditional use permit is approved, please submit an application to the Health Department for a Bed & Breakfast permit. The Bed & Breakfast permit will cover the inspection of the facility and serving of breakfast only. If other meals are provided, then a food facility permit will need to be applied for and a plan review done. Planning and Zoninst: The Frederick County Zoning Ordinance allows for motel uses in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP); a bed and breakfast qualifies as motel use. This proposed three (3) bedroom bed and breakfast will take place on 58 acres of land. The applicant will be limited to a total of six (6) guests. No other activities will be associated on -site with this proposed bed and breakfast. The nearest structures from this proposed use are more than 150 feet away. There will be no employees associated with this proposed use, other than those residing on -site. Based on the limited scale of this proposed use and evaluation of the property, it appears that this proposed use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 09/03/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size. 3. No more than three (3) bedrooms and six (6) guests allowed with this bed and breakfast use. 4. No other activities will be associated on -site with this bed and breakfast. 5. Any expansion or modification shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/03/08 MEETING: Seven persons spoke during the public comment portion of the public hearing; they were adjoining property owners or residents along Sister Chipmunk Road. Some of the speakers CUP #10-08, Adam Ackfeld October 21, 2008 Page 3 were relatives of the applicant. Those who spoke in opposition were concerned the increase in noise, traffic, outdoor lighting, and the intrusion of outsiders would negatively impact the beauty and tranquility of the area and consequently disturb their quality of life. A safety concern was raised by an adjoining property owner regarding outdoor activities because his family members were hunters. They did not believe non-residential uses were appropriate in their subdivision and business use did not conform to their subdivision covenants. A property owner at the entrance to Sister Chipmunk Lane was concerned he would be inundated with people searching for the bed and breakfast because the applicant's property was difficult to find and he was only permitted one sign. In addition, they believed Mr. Arkfeld was manipulating their subdivision for his own purposes by selling a parcel from his property, having the new owners sign the subdivision covenants, and using Sister Chipmunk Lane as an access to the bed and breakfast. They objected to Mr. Arkfeld using their private subdivision road for his business clientele and they believed Mr. Arkfeld should provide his own access to the bed and breakfast. The three persons who spoke in favor, or who said they had no objections to the permit, did not believe the use would generate a great deal of activity or cause a major impact. The applicant answered questions from the Commission on why he wished to use Sister Chipmunk Lane as the primary access for the proposed bed and breakfast and what his intentions were towards contributing financially to the maintenance of the road. The applicant explained his proposed yoga studio would be an amenity for weekend retreat guests and he did not plan to have regular yoga classes for the public. He also wanted to offer the use of bike trails on his property for guests and would respect the neighbors' property lines. Commission members asked the applicant who determined when the road needed repaired and what each individual's financial share would be. Commission members suggested that a road maintenance agreement between all of the property owners, clearly defining the issues, would be beneficial. Commissioners advised the applicant to talk with the neighbors and attempt to work out an agreement on the maintenance of the road. The Planning Commission tabled the CUP application for 45 days to allow sufficient time for the applicant to make an effort to meet with the property owners along Sister Chipmunk Lane in an attempt to work out an agreement. The majority vote was: YES (TO TABLE): Unger, Watt, Ambrogi, Manuel, Ruckman, Oates, Kriz, Mohn NO: Wilmot, Thomas, Kerr (Note: Commissioners Ours and Triplett were absent from the meeting.) Following this public meeting, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Ijun. 1J. LUUb 1U:40AM �,eItury 11 No. 61h6 Use, xtesmcnons MM cumIna iut 3 Let Subdivision 1 M# 34-A-99 l Lots are for residential use only, no business or -other non-residential usage permitted. 2) Any outbuilding shall be of same material and construction as the main structure, and no more than 2 buildings may be erected. Size of building is limited to a 4 car ,garage, second stogy is permitted. If constructing a barn;, it may to a maximum of 36 x 36 feet. 3 No signs advertising of any nature shalt be erected on any lot, except for a residential `For Sate' sign. 4) No more than. 2 power boats, motor -homes, campers, commercial buses, trailers of any kind, tractors or heavy trucks or vans, in any combination, may be parked within the subdivision. No more than. 2 commercial or business vehicles (personal use) may be parked on lot. Any unhoused vehicles must have current VA reWtration. and inspection. After completion of dwelling, no heavy equipment or industrial equipment allowed on lot. 5) No ATVs , motorcycles, pocket bikes, mopeds, off road vehicles, or any motorized recreational vehicle of any size or make, or any noise producing conveyance of any type is allowed to be operated on any lot or road in the subdivision. fi) No frying range or hunt club permitted. 7) 8) All lots are required to observe any setback: lines and/or rear yard lines as shown on lot, . addition to observin an o inane r �` No outdoor burning of trash. Trash must be disposed of at county site, or a pick- up service arranged for. No duampsters allowed in subdivision. 9) No kennels for any species of animal may be operated. No more than 4 dogs may be kept at any tine. No more than 4 cats may be kept at any time. 10) No pigs allowed. A maximum of 3 livestock permitted. No exotic animals permitted. A maximum of 6 chickens/roosters permitted. 11) When walking or exercising pets outside owner's lot, pet owner is responsible for the conduct of the animal and must remove all pet waste. Pets may not run loose within the subdivision, and must be kept securely on owner's lot. 12) All .fencing shad be constructed of wood, composite lumber (trex), masonry, or i rom No chain link or stockade fencing permitted_ in a informa center for professional development r J u n. 1 3, [ v u U I U: f+U tiro e n: u r y L file:///C:,/Docum..ents%2oand`/o2OSet'd u U! � Gene': • • 1 �) in the event that a dwelling is destroyed, the owner of the dwelling;, within bo days of said destmetion, shall clear away the remaining portion, of the dwelling unit and maintain the lot in a neat and orderly condition. 14) in the event a dwelling unit is damaged, or has rnaterialty deteriorated, the owner of the unit shall immediately repair the damage or deterioration. 15)No lot shall be used or maintained as a dumping ground for refuse.. Trash, garbage or -other waste shall be in sanitary containers and ser= ned.. No refuse or any container for same sha11 be placed or stored in front of any house, e.cccpt on the date of refuse Pick -UP. 16) flne story houses shall have a minimum of 1800 square feet of living space. Two story houses shall have a minimum of 2200 square feet of living space. Living space shall. be computed using outside foundatim measures and shall be exclusive of carports, garages and basements. 17).All. ,.of the covenants and restrictions herein shalt be binding and remain in. full. fbree and effect for a period �ofteen years form the date of this instrument and shall be renewed automatically for additional suecessive ten yeu periods. 18)- he int-alidation of any one ,ofihe covTnants or Testrictions,contained herein by judgment .or Court Girder shall in nowise. affect any of the gather provisions MtIch shall remaining M force :and :effect e failure tD VnfOrCC any covenants or restrictions :shad not be deemed to be.a waiver of the .ice to do so -thereafter, as to a <default occurring pri ar or subsequent thereon,. 4112_1vq 1 of 1 6/12/2006 3:16 PM Jun.13. 20063110:46AWeviCentury 11� _;UN 12,2006 19:45 • 13019723848 540-955 -45BO • N0. Ul)n r. 4 = Page 1 To Whom 1t May Conccm- The private subdivision road that nuts through Lot l of TM 11 3¢A-99 will be graveled at least to the hack boundary lint of said lot, by the closing dbtc of July 15, 2006. The nvw owner of l of I, of the subdivision TM # 14-A ')`), lies my permission to r mnstruct an ouibuildinb on that lot, b6orc the constnu tion of the dwcHing. It is with the provision that the nuthoilding will have a *MC awldcd to match the house, when the house is Complox), Stnccrcly, Anneue ArVeld Bradford 4�Lm� do"aa#19 June 12, 1006 / - /2 - 06 a informa center for professional development , Y In April of 2005, my wife Annette Arkfeld- Bradford and her brothers came to an agreement enabling them to divide the family farm. This agreement was contingent upon my wife and I having to fully finance and construct a road through our property so that her brother Adam could reach his proposed home site. Adam would not agree to split the land until he had a signed document including a timeline, indicting that myself and Annette would meet with these condition, providing Adam with access to his future home even though Adam has his own road access to his property from Shady Creek rd: I opposed these conditions, but my wife Annette insisted that it was important to physically divide the farm. She also argued that this was Adam's dream home, and even though it presented great financial hardship for us, she wanted to help. her brother achieve his dream. Shortly thereafter, the Gro-Green Landscape Company began construction on the subdivision road and we had 4 lots incorporated, with Adams house site being the 5th. As construction permits, county plans, and plats indicate, these were the only lots intended for this subdivision. Adam also suggested a long list of covenants for the subdivision, first of which was "lots are for w residential use only, no business or non- residential usage permitted. Since his home sits upon his land, he was not required to sign the covenants, but he gave us the impression that this house would be his home, so we did not think much of it at the time. In July 2008, Adam called informing us that he had sold a lot from his property and that the new owners would be using our subdivision road, as well as our 50 feet of land between their lot and the road for their driveway. This lot had previously existed adjacent to Adam's other road access, before he had the lot re -surveyed to be served by our private subdivision road. He stressed that he had made the new owners sign the subdivision covenants as well. The interior of Adam's home includes a large yoga exercise room complete with gang dressing rooms and multiple showers in which he planned to have "occasional yoga weekends" and seminars. It was not until we received the "notification of public hearing" conditional use permit letter on August 23rd that we had any idea that Adams dream home was now to be a motel / bed & breakfast, and not his home at all. In fact, he has not taken up residence there, and resides with his mother nearby even though his house was completed by June of this year. As creators of the subdivision, and owners of 3 remaining lots, we do not feel a commercial business is appropriate within this neighborhood, nor does it enhance the general character of the area. We also question Adam's manipulation of our subdivision to suit his own purposes: why does everyone who is served by our subdivision road, including the new owners of a lot on his property, have to abide by the set covenants, except for him? What, if any, investigation has been conducted assessing the impact of the existing second dwelling that is located near and possibly attached to the drain field that serves his newly constructed house? Since the conditional use permit application specifies 6 guests only, who can guarantee that the unoccupied master bedroom, the remaining dorm room in his basement, and the secondary dwelling on his property will not be used to house additional guests? Does the traffic impact study include the possibility of daily classes, and further traffic on our private subdivision road, and how can this be restricted? Why should our private subdivision road be used for Adam's commercial purposes when he has his own alternate access though the other end of his 11 property off Shady Creek Road? Our fundamental intent when creating this subdivision was to have a quiet secluded place where people could live and raise their families. This was the premise under which Mr. Johnson purchased his lot and the standard to which we planned to hold the entire subdivision. Allowing a commercial business to exist there, along with the increase in noise, traffic and people, does not. enhance or maintain the beauty and peace currently found on Sister Chipmunk Lane. . 1 0 0 1. What will be the duration of the permit? If house/motel is sold will permit transfer with sale? 2: Can the periodic renewal be decreased to 1 year duration? 3. What guarantees or bonds will be required? 4. Use of lot? 165-25. Lot requirements. Paragraph B states; Number of dwellings on a lot. Except where specifically allowed by this chapter, no more than one dwelling shall be allowed on a lot. A separate entrance, together with separate equipment, including a sink, stove or other kitchen or sanitary facilities, shall be prima facie evidence that separate occupancy exists and that a separate dwelling exists 5. What proposals are there for the change of appearance of motel after ramps are installed for handicap accessibility? Will compliance with ADA (Americans with Disabilities Act) be required before opening of motel? If not what time limit until motel is compliant? 6. What adjustments will be made to decrease smoke from the outdoor .wood burning furnace used to heat .indoor climate and water? Also prevention of dust from increased traffic on gravel road? 7. What type of lighting is proposed for exterior of motel and what is proposed to keep said lighting from illuminating surrounding residences? 8. Why can't access to motel be from Mr, Arkfelds other right of way on Shady Creek Road instead of using our residential road? 9. When will line parking lot be constructed, and what will it be comprised of? Will it be handicapped accessible? 10. What type, number of and location of signs proposed for motel? 11. Will there be any type of landscaping done to the property since none exists now? 12. What type of outdoor activities will be promoted with the motel? 13. How will the. occupancy limit be monitored with the existence of a second dwelling on same lot? 14. How will the promotion of bike trails thru surrounding woodlands promote the preservation and protection of trees and woodlands? 15. If motel is used for yoga classes and seminars what limitations on class size and duration will there be? 16. What will be the hours of operation of motel? 17. What are the limitations of the motel use? Yoga classes and seminars? 18. What are the limitations of the use of the land? Bike trails? ' 1J1 .4.V1 it 1 1L` �.v •+aw �VVincheate�-Frederick CQ�uatX He�.lth department 1OTNotbet'.3t. rrbt,r.Suite2U1:.. Winchester, V 22601'. (54Q) The Winchester -Frederick County Health Department is located -in the County Administration Building at 107 North Dent Street in Winchester, 'if yop prefix to and delivex this.form. Applicant's z=e, address #nd phone .nuJober: . ��� �/GNhr✓l( � �cn,^S } tl ��y v rE d rm GM- 0i I10011 S• mar:. il—r+u..w } F - � w ir �.. S ra � • , � � 1 � � 4 � .a, j p 9i:,�t. m•. s cw aaaas �� .. .arm ,es �Z " _ M$ A =.m,ot..w _rn >•. •r..m n w lao Mo, m Lim m +�. T. i r- i5T FLOOR PLAN ESIDENCE FOR ADAM a��S<F'ET�I� FREDER�CK C. G. EVERM1lAN - DE.S'1GYER/DRAFT,s,7,'.i.Y MAY la, 2007 y 2 n+ECEa¢n ccuwrr __._ _ _ ,or. „�;ac (w•) ns-w, a rss•z••t z_ z of > GENERN. NOTES 10 eE OME M KCORDN+CE W1M PERTINEM N+TOIU4 re rA' - STP1F t lOtfa CODES NW) OROINN+CES mT. T - ]OIL BLV+nO vKUE A55UYEB i0 RE x000 PSP -, Yr ♦ .A• -] r/r - ftDON UN - SO PY TOTK ( .0 PY Ulf, la Kf (f D ) a % - R00F LONfS - K (b PY U.t, I] OFM ) -- - ILL PlA1F5, IIDOERS. iLPMMC ! BIOCWwa W COMKT qi1+ ,uN • m rWNam I S aCa . m CONfAE ( IWS OR SlAB3 i0 9E PR65uRE ixG1tD LWB[R a,+War . e,1 • Yua - !t BL�OCPI rxO 1N0 WODOf 111V OR TE CERINO JS05fSE nGDFMR. LlREI9.Y.0 J 11 a I ■ N TA' Wu o we wm (le-e]] MM.Nn ). WAL — TO Bf STW GRNX S-P-f. UPPER LRGT ROOM • : .FrR T - YL HIIEDIM IN-WYL M'D STAN[I KOIIE POST] 10 BE /l SOUMERN I Y(LLOW VINE M BEr1FR QC[R tl OMfRWtSF. NOIEO. ROOF FIU G MNERE MpCA]ED TO BE PRE-ENOINEEREO i 13 +T C 4 6 4 rY uF np ].' DG K — BI GINZE COYYONENIS (5.0-6fY00Jero.1 E— i _E roWBE ]p 910w+ W OP,wNCS. IN51 TO R i i a Va R L m I `COPO/CE , YNlu TUR— P wFwNU N SPECN40�FIT,T, iR�ss —.ER. 4 ) WWr lsm mw-. ,ir I a • ! C6 j m - .N9KIUFFo� E O BYTYRusS xr DI CEP SOEO k • 4» 1T r-] IA' +� nWLPS. wWOOK .WO iw5r[NERS TO RE RY S REWWIm y IA'i':•Y•a UN4fKi1WfA E"�lOO.OM p�NR f �xBB] W.L le x600 9y! uuwWY Lk 51Z6 .� Pr ua y¢ OI auq w I a"rw y TO BE KRIFIfD BT SUAVER PPogI i0 MDGWO. 4� YI TU.R ID RE PUSS ]OLST' OR Eg1.4. fI00R IRU]S NF.IOERR . 0 fAWY.E WFR[ WOIOaTEC f0 BE T.. r I /i , II ]; e' Rw eo..m xi uuwrKluefD IrEE Y•,.n1. N n IW 111 �iwn v. I 4 0 �"�'°""B.Lcor+r V'•N � � y • ,� w 7wss Jasr DR E— G a --------- i - ROM MSUU PC r0 of T.x/rPD ]JD II /'e" Ork, SOl1O WEB I Wle a S i T. w awrl No uY•m r M-aY EOM rPU5_m NY.uC Mu,PwO fw5 [ K IO At I ,U_ n ` f a R UPf[R fDY[II w I �W�w I ma Yn 4 5 F 10 BE __OwurPIKR PRIM P.0 MDGMa. w50u1 M Y >T _•Yr ! ` 'INa. Wuma j—Im uw NWr KGO—CE .RN N U—.FRS RuSTfW51ENFA] CgPREufNR. t N 1W QPOSEO TO WGD(R Sw4 K ! CORROStlN PELSTVNf } ■ R T a YG ; x 3I MEfl f+eR SWTNFRN vEILOW PNE S[CURfD N/SRLLSI10 � I 1 N U.' L� .I ♦. I _ WNiS ' `l F%1FRIOR rO BE xlle SOOO slln fRNRNa R le• o.c r •..I .• 1 a'r r mar nar. I YLs TO,I aE xW. ,No z5s WnaD sTlw fR+YRn a a• ac 9�ioW�iaW . ■ --- _ In s1, .WtRI + - EL.M R W000 SXV ID +" eMtEO W/ e' QPWC0 TMM Nm _ _ + IT 1 DYe I E W'/ER !O BE MIED A U SOLM w0p0 rcHflt)RN .0 CFOM. ' ''Of" w1ERI+L TO BE GLOM rK(0I. OR Wte tw V -S I e1Y[ ti I I I ____ _________ L____ __ _______� IgMLWIK tM 9gNG MM 6" (]P05DRE, iW@GY. �9+MAIEO Gv£ i�BfACFYfMI PRMUGR WNUfK1UR[0 BY Y[ IEFD' OR a EOURI WEB LIE Mtp;//....cwlo-x..•..Wn '+.NOOIA O K .00 9EPW] CtM BT ",wOERSEN" F' TYPE Yq 2N0 FLOOR PLAN TO u— w . n r sac s INa . En rao DE SCR iNSD� MD oa.zR+D. EEN]. /+We Ex E 81. ml 50. iT. 1/� 1'-0" Iw oay.ml MDELIED BTb`WNEiE REWIRED M SC E—D BY OWNER. COLOR TO BE +e IL]S fREICN, P+ t SLIOOMO vats DOORS TO BE .00 ER16 Y.rR PfPN+]nIElO M EW+L Of 91F t T+P[ +t4 INOIGIEp. P O`nCL wSUUtEO 'SLa)INO. SCREENS. ]N.B E'nIFNLONS t N+v R[9u1PE0 LPTCNS. COIM rD EE WS SftECTFD BY OWNER. - QCFPr M OIIGMSE NOIFO. ]LL wrEMOP Lla5NE5. cO t flS'UNES 10 BE SFt£CiN B/ 0'-1 fRrW. 1--es ! "IIPE PROxOEO BI NOTE S cO,O_;a M DrNERS o — .-E. c auvD WKWA OIYFMSIMS MD, 10 5— —E E=V K OMEPWKE NOTED, SEE ADDITIONAL STRUCTURAL NOTES & DETAILS BY - GifMM :-Yfl.voNs I— TO q S1 f.cE cf — SNGI - E: 11 +5 "STRUCTURAL CONCEPTS, INC." ON SHEET S-1 oaFRwSi �alurzo. SHOULD ANY CONFLICTS OCCUR BETWEEN THESE NOTES AND THOSE OF THE ENGINEER "STRUCTURAL CONCEPTS, INC.". THE ENGINEERS INFORMATION TAKES PR.EC EDE, ICE. i PDELT FREDERICK C. G. EVERMAN — DESIGNER/DRAFTSMANT RESIDENCE FOR AD M P.RSCFELD vrLYO:NA3we WRNn59u+csr r W I MAY 18. 2007 3 .NFLERIW f0.'.NII '. AO,t. RNLRE (:0.1 )]]-SN1 rp )^.5-!.WI S]+:J _ ]01 7 0 0 SASEMEiNT/FOUNDATION PLAN i._p. TUNDhTi'. N CPnCNS — 1W.D.R . uwwax xnra a crarwttm' mawExc .n-rrwr. wswnron ssrtu —' FRFDERICK C. G. F.VERMAN — DESIGNER/DRAFTSMAN RESIDENCE FOE2 ADAI�1 ARA"FEED zs,v«ur cres.we nwrcs—LwrHswu MAY 18, 22007 I rneezaux cu,nn .. • -we Unn ixo ::., az rig-z«, sma i or r 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: Location: Va. Dept. of Transportation Comments: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 668, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Ronnie Dow-, 1W. FonAts & Rhi. Sp-c ali.st Senior VDc C Signature and Date: isµ � v For: Llo5e A. Tnxm, a 07/23/W (NOTICE TO RESIDENT ENGINEER*PLEA0Z RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT it is your responsibility to complete this form as accurately as possible in order to assist the ao;ency with their review. Also, please attach two (2) copies of your application farm, location map and all other pertinent information. Control number CUP08-0009 Project Name Clearbrook Bed & Breakfast Address 250 Sister Chipmonk Lane Type Application Conditional Use Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Freuerick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received -1/11 /2008 City Clearbrook Tax ID Number 34-A-98 Date reviewed -1/11 /2008 Applicant Adam Arkfield State Zip VA 22624 Fire District 13 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-533-1069 Rescue District 13 Election District Stonewall Residential Sprinkler System Yes Fire Lane Required No Special Hazards No Plan Approval Recommended Reviewed By Signature -f�. Yes J. Neal Title • RECEIVED 'JUL 11Q� IWO RE QUESTFOR CONDITIONAL USE PERMIT C a & � •MMENTMENTS 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. kpPlicant's name, address and phone number: Name of development and/or description of the request: —�1 - T4 .C— /P - Ck 4- 1?re 5�s � Location: Inspections Department Comment: n� LVl6 0L6,C/0'aYcC/. Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT*f M __ ! g�-VIA _ 1 i�, b L • r RETURN THIS FORM 1ICPPLICANT. 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 neap 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 deliver this form. Applicant's name, address and phone number: Name of development and/or description of the req 0 Location: Health Department Comments: �er I r lXJ-k_/ N� G<J�i-I�� T�374t15 iGlbl�!/C� p�,G fO /ihi � Z)VInk - uT alQI c�lFs Signature and Date: (NOTICE TO H& a DEPT*PLEASE RETURN TIII� 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. NUIES: SHEET 3 OF + I. bO(MbARY SLIOW14 NEREUtV WAS DETERMINED 5Y A FIELD RUN SURVEY ;'EI,rUA<t.1E0 t1Y ARIZ & ASSjC:AfES ON NOVEMBER 19, 1999 AND APRIL 7, 2Qo$. 35-A-3A 2. IHIS + iAi IS SUWf_Cf TO EASEMENTS AND RESTRICTIONS OF RECORD. \ ✓GRO-GREEI s. NO 1111.L RI -PORT FURMSHED. 34-A-98A \ PRGPERTIEti: 4. ALL PkOPERIIES Z014W RA, UNLESS NOTED OTHERWISE. ADJOIMNG ACREAGES ANNETTE ARKFELD` \ LLC Ta1;Eid Ft�OM PUBLIC RECORD. E-fTE BRADFORD #02002263 i ANNAR 3TTE ARKFELD #050012717 & 35.35 AC. BRADFORD #0530 05 D01755 34-A-99A-'08 #050012717 & _ -,`\ ANNEfTE #060010568 I M {j3 F-A-9� ARKFELD 7.06 AC.:�' IIN1101-1-1Y W. JOHNSON 'EXISTING 50' J060013294 G�002%R� & INGRESS/EGRESS 6.88 AC. # �f 0�� UTILTIES EASEMENT IN 1 _ #060010568 INST.#050012717 AC. �• ��� NEW (AKA SISTER CHIPMUNK r TM #34-A-98 LANE) THESE PROPERTY 58.133 FSHADY J; i `` LINES HER ACRES I , CkEEK ROAD REVISED LOT 1 EATED _j fM #.54-A-96a i ��' 35-A-2 5.04Q l JANET ARKFELD �at�Ihtii..L Nli1III � � i l�l 34-6-1 � � 791 /1345 I o� .:i i,J K. TIPTON ACRE5 / Zi�v GRIG. i o 7.2 AC. I dO"0012820 (Sriffl 4) ,�4� TM J34-A-98 5 AC. / r� ; EXISTING R/W -� TM #:i4-fi-2 ✓ I-1ASr WIDTH UNKNOWN Lill., L.LYN WARD KELLAM, II � -"--t ROPERI'r LINESARE ll cF'AfRICIA JA('1E KELLAM � �� 5 AC. , �``� ORIG. LOT 1 Tbi34-A-988 KE:LLY FORD & - ANNETTE BROWN -iao' BRL---------�''r i, #030008574 5 AC' TM #34-A-98C/QJ ADAM CHARLES ARKFELD 1050012717 CLARKE COUfdT'r 1 TM #34-6-5 #060012912 / / ✓ TM 1--A-2 FLOYD J. 10.37 AC. / / ; / ERIC R. &_, SUSA14 JENKINS, Sr.,,,,/ r 1 S. ARKFELD & CAYLE R. l ,` 277 /605 r+.,FEt�_WILSON 217.329 AC. #02DG01812 1 1 ;m co, 1 1.�41 11(V�;. I TM #34-A-9d 53.047 AC. 5 AC. lo o, f f iM #34-A-9813 1U.086 AC. I &Q I ilt(UPt)`iffrll TM #34-A-98 58.133 AC. -1 M #34-A-968 5.060 AC. ARLA OF 5.U86 AC. TM #34-6-7 ✓ / �o ADJUSIMEN( LEWIS E. CRUMPACKER, Jr. / /o & CHRISTINE M. MANGAN #070014064 1 EXISTING 50' R/W & 5.16 AC. I SHEET `�'` UTILITY EASEMENT IN INDEX (EE 1 r 1Qti0a12912 TM #3�-6-8 FINAL FLAT, BOUNDARY SUISAN� ✓ / LTINE ADS USTMENT of ARKFELD /' ��H OF 978/1307 / �. I, r� jpu, R s410.32 AC. C E L: 5 STONEWALL DISTkICT, oy I u MICMAEL M. AF<TZ � FkEGEkICK COUNTY, Lic. No. 151 S- I3 TM #34-A-9\5fJ ) :� VIkL;A HARRY M. & vil"61NIA H. SMITH / you ,SAL 5CALE:1„ = 400 790/ 15b8 S u 0' DATE: APRIL 29, 2008 5 AC. G //// ✓ __ 1'kES�:i��T OWNER: TM #45-A-66 Artz arid Associates, PLC RICHARD LEW & A suhyidivey of Vullry Eneineeriu PLC ADAM CHARLES ARKFELD PATRICIA WULF � sutz+nn"� tAN° �"�i"�E"T 16 Ensl Piu:4tlilly Slrect TM kt 4-A-96 & 98B INST.#050012717 802/934 40i 6 -32" � ��a4 -667 33.07 AC. 1E1. `��••�%'3153 FAX 540-6o%-illad FRUJECT #21376 SEE AL50 IN5T.# 060012912 I°I� FflCE I-iiW-%�s-%jl° 0 ti =71 ,:*RONT 'ELEVATION ---- - ----- - - -- - --- - --------------------- ---------- :: ------ ---------------------- - -------- - -- - --------- I - -------------- -- - --------- --- -, = I' -Ay, -- I _ _ _ . __- __- -. -_- - --.- .- - - - - - - L - I - I I � - - -- - - ./4L- --- ---- - L - ---' .--. ' - -- -- ' ' - -- -- ' OFFICE7CiN; HEAl,/F 74 CORNERS kNO FCt-CAPON X' W BEDROOM .AND GARAGE. PLUS STOW r,3RN7RS AT R TRIM. LOUVER AND TRANSOM AEOVE FRONT DOOR COM31NEC W! STONE CC WINDOW WIDTHS REDUCED AT Y. 8FDROOM TO ACCOMMO.-WE PROPORTIONATE 'NIOT'i -;-"R STO-VE NO 5P)NE A SMNLL GARAGE PROJEECTION REAR ELEVATION 1/4` - V-o• ELIMINATED ALL LITTLE PEKES OF SIDING FROV REAR 0= rAVIL Y ROOM - CLEANER, LESS CLUTTERED ADDED TRANSOM WINDOWS A30VE SLIDDING GLASS DOORS AND FLANKING DOUBLE FILINGS ._LOWERED M. BATH WINDOW TO ALLOW FOR HEAD . R ABOVE INCREASED SIZE 0F' WINDOW HEADS AND CGFNE?BOARDS INCREASED ROOF OVERHANG A FAMILY ROOM 1� u • 1 I 1 � 1 ' r- 1 i � 1 / I � t 1 i l_J--------------------------------- --- r----------------------------- 1 1 1 ' I ------------------- ' 1 --J _______________---�_-. 1 � 1 ------------ -------------- --1----------L L`=FT END E' VATION ADDED HEA` 'ER, TRIM, LOUVERS Al�JD STONE ;ARAGc FRONT CORMER i • Vk 1 ST FLOOR PLAN 1/4- - 1-0- — — v �E -RC,' T FREDERICK C. G. EVEF.MAN - DESIGNER/DRAFTSMAN 1 R E S I ID E N C E F O R A R A M A R K P' E LI7 231 KEY ACRE; ONE _M>v sA1l . WFS-, MAY MAY 18, 2007 2 "';EMPICK C85 CUM "R004A F",W (304) 725-41 DR 725-2441 __116 2 07 7 0 r---- 1 1 " I - I RWW. MRn 9[R. T 1 910V. S[CT. r L - BATH 3 I L__J L-___- 2ND FLOOR PLAN 901 S0. FT. 1/4- + V-0' sPc s¢L x dap —. •r d 11L9L a6T x M. tle LA BEDROOM 3 p LLLL .OMmINW •,IpID M. PaOe wCnW[ ' PR qPM ACIUIM WI EILW • 0[TAl AIFYIM,IC MMEtOR IRlIWIIK AMm]p rtavWAll AVWID A[N 6LV. � OITR �9Q MA MPS[ W1W, � RTAA MaVA1RN 9FF IIFM • lLTN UPPER GREAT ROOM 1 a/r Two 0 i ' {� • H' 6C YOR I� ��• I x ••-I air � I/Y TWI,.n 'IaNN nRr. w® t. aT ti• zw I1 o >^ sac .1¢s>s vrm m ',I 1�•� wrm•^n�c STORAGE MAI LR H1NtoKr Plan Lz) .10 aaalR6 IM W/ StKG Aa1l� UPPER FOYER rr-3 try• ryBEDROOM 2a I/•ATH 214 a/�1.' a 1 Y r_• 1ry' NOR. SLR x A M 9 TT 'S ^ Ip 1lCL 1f am. utt. v fir— — ------T I I u� rNL tw[ a60W I p 1 �AOaI 1 mQ !Ca !� 1 -�"P.aoNr�aa�/w 01 p�W� yW � ' I �soao i/IY`�ms1 WAHaHRIN a•Si mA rrl nVr 1 ' Rnc sa r T'.SR kR,RR, I ----------- M-rvA As iHu �n42>a e[M1ImI ?o5r I =NmW 9tOP. SCR TT .ND Apy�pT NOND i � AA ROPr rAusESI I 1 i , 4Jl IH ,� APO! nAMAO I I MIPr mAR I +I I t L a�� I "I� 1 1 au�et � w rr,NAlr I a1M mrAWO a ,n• cAOt Wra rWAAWM aaawN ��� yet sl9r[ r >AXIW vAATA htQ S¢I r UKLX:. utt. r ,s STET 7- NOTE us (af m rr.,aaa M ,u e6wxs rLu INCH amu�![ .mm NOTE SEE ADDITIONAL STRUCTURAL NOTES & DETAILS BY "STRUCTURAL CONCEPTS, INC." ON SHEET S-1 SHOULD ANY CONFLICTS OCCUR BETWEEN THESE NOTES AND THOSE 0 THE ENGINEER "STRUCTURAL CONCEPTS, INC.". THE ENGINEERS INFORMATION TAKES PRECEDENCE. GENERAL NOTES - ALL WORN TO BE DONE IN ACCORDANCE WITH PERTINENT NATIONAL. STATE & LOCAL CODES AND ORDINANCES - SON, REARM VALUE ASSUMED TO BE 2D00 ?SF - FLOOR LOADS - 50 PSF TOTAL ( 40 PST UAE. 10 PSF DEAD ) - ROOF LOADS - 47 PSF TOTAL ( 30 PSF LIVE:, 17 PSF DEAD ) ALL PLATES, LEDGERS. FURRING ! BITCHING IN CONTACT WITH CONCRETE WALLS OR SLABS TO BE PRESSRRF. TREATED LUMBER - All. STANDARD WOOD RAFTERS. CERJNG JOISTS. HEADERS, LINTELS. & BLOCK, Na TO BE /1//2 OR BETTER SPRUC_-PINE-FR ( 191E N.C. ( ID-875 MINIMUM ). WALL STUDS TO BE STUD GRADE S-P-F. - ALL INTERIOR IN -WALL AND STAND ALONE POSTS TO BE /1 SOUTHERN YELLOW PINE OR BETTER EXCEPT AS OTHERWSIE NOTED. - ROOF FRAMING WHERE INDICATED TO BE PRE-ENGINEERED TRUSSES AT 24- O.C. AS MFG. BY CLAZE COMPONENTS (5.0-665-0076) OR EQUAL TRUSS TYPE TO BE AS SHOWN ON DRAWINGS. INSTALLATION TO BE NH ACCORDACE W/ TRUSS MANUFACTURERS REQUIREMENTS USHNG MANGERS AND FASTENERS AS SPECWWO BY TRUSS MANUFACTURER. - ENGINEERED TRUSS RAFTERS TO BE TJ/PRO 230 11 7/6' DEEP SOLID WE TRUSSES AS MANUFACTURED BY -TRUSS xATT- OR EQUAL BLOCKING. HEADERS, MMIGERS AND FASTENERS TO BE AS REOUIRED BY MANUFACTURER. - LAMINATED VENEER LUMBER ( LYE ) BEANS & UNTELS TO HAVE E-1.900.000 PM F—ES Pa, Fe 2600 Pai Q,,V . LN SIZES TO BE VERHFIE'D BY SUPPUER PRIOR TO ORDERING. MANUFACTURER TO BE -TRUSS JOIST' OR EQU.-'.. - FLOOR TRUSS HEADERS AND FRWWG WERE INDICATE.^. TO BE TIMBERSTRAND LSL 1 Ij4 A 11 7/6' RN W.A,J AS MANUFACTURED BY -TRUSS JOIST OR EQUAL - FLOOR STRUCTURE TO BE TJI/PRO 230 11 1/'8' DEEP SOLID WEB FLOOR TRUSSES AS MANUFACTURED BY TRUSS -mv* OR EQUAL. BLOCKING. HEADERS. H/NOERS AND FASTENERS TO BE AS REQUIRED BY NANA, CTLRER. SIZE TO BE ',ERIFIEO BY SUPPUER PRIOR TD ORDERING. INSTALL IN ACCORDANCE MN MANUFACTURERS REQUIREMENTS. - ALL FA51ENE9S & HARDWARE EXPOSED TO WEATHER SHALL BE RUST & CORROSION RESISTANT - ALL EXTERIOR DECKING. JOISTS. BELOW 'DECK BEANS. & POSTS TO BE PRESSURE TREATED /1 SOUTHERN YELLOW PRIE SECURED W/ RUST RESISTANT FASTENERS. - EXTERIOR WALLS TO BE 2X6 WOW SKID FRAMING O 16' D.C. AS SHOWN, INTERIOR WALLS TO BE 2X4 AND 2X6 WOOD STUD FRAMING O IS- O.C. AS SHOWN. EXTERIOR WOOD SIDING (3/4' BEVELED W/ 6' EL705uRE), TRIM. MIO LOUVERS TO BE XIN Do D A CLEAR SOLID WOOD WESTERN RED CEDAR. 3/8SOFFIT MATERIAL TO BE CEDAR FACED TO HNTCHL OR HORIZONTAL LAP SIDING ■TTH 6' EXP'3SURE. TRIM. VENTILATED EAAE SOFFIT AND PORCH CEILING TO Be THERBOAROS FIBER -CEMENT PRODUCTS AS MANUFACTURED BY-�ERTNNTEED- dl EOUAL.. WEB SITE MLx//WOW.cMPKNaaA.con1 - ALL WINDOWS TO BE 400 SERIES CLAD UNRS BY 'ANDERSEN' OF TYPE AND SIZE AS NDCATED. PROVIDE INSULATED GLAZING. SCREENS. %AUB EXTENSIONS AHD ANY OPTIONS AS REQUIRED OR BE, BY OWNER. COLOR TO BE AS SELECTED BY OWNER. - ALL FULL GLASS FRENCH. PATIO & SLODINIG GLC:S DOORS TO BE 400 SERIES *A4CER9EN' EQUAL. PEPNASHIELD OR EQUAL. OF SIZE & TYPE AS INDICATED. P—AIDE OLNHB ,WY INSULATED ADNG. SCREEN% JEXTENSIONS & REQUIRED OPr•_NS COLOR To SE AS SELECTED BY OWNER. - EXCEPT AS OTHERWISE NOTED. ALL INTERIOR FINISHES. COLORS & FIXTURES TO BE SELECTED BY OWNER FROM S.MHP_ES & UTIRA'ruRE PROVIDED BY THE CONTRACTOR OR OTHERS OF THE OWMERS CHOOSING ALL INTERIOR OIMENSIONS TAKEN TO STUD FACE EXCEPT AS OTHERWISE NOTED. EXTERIOR DIMENSIONS TAKEN TO OUTSIDE FACE OF WALL SHEATHING EXCEPT AS OTNERWME INDICATED. FREDERICK C. G. EVERMAN — DESIGNER/DRAFTSMAN sue. No R E S I D E N C E F O R A D A M A R K F E` L D 231 ESHADY0) 725 LANE N ARNE S`AILE. WET V RGINIA MAY 18, 2007 3 TRECERICK COUNTY NRGNIA PHONE 725-B541 OR 725-2M1 25.JU 3 OF 7 0 • i 1 h 1P � ` T. ]Ar tfDOa SQ blAa 9wT l r-. +/r r-Y r-r rc -• Vr __ ___ ___ H Tw 1 rrWtrttt. 1 • � '� I *ROrO er, mwt0 al � atilt RAY )' Mro pan[ 1•}e]t0 2v ranAUllo• As rcwlrlm l_ __ _ _______ a t ,• • I I r-a•I aGaA + trt/ram• ral .om riiaco� b y � t(r, w) j ni2111p nrAMC I i.�f. I ant .mow ued � I li) li ►wf camwa• y yppI 7 y D � ` 11o,I. Y RECREATION ROOK I - AAA �y L `t } T-7 a e( `2GCx 1 1 I 1 I ______________ _____ ____ 3 CAR (✓RAGE ABM aq rrrr :� a __� I •5f: 3/a BATN t �D +stA � rHALL 1 I 1 /}' T-�0 +/}', y I G. iw� j_,a_ �, �:_ l., a ,/.•L I 411htl1 90q �OGrtD KA WMI. I arnuwoAOAe - nru or <,) I + I I �d J : I In}r+...... SAL Y r/ ID Mrz2 1 1 I ' -•\ r-Y w A , v me rta j (. DN SErs w/ (.)ij! are • - ro >Q • emlw nAtSIBMwaFes_— 6A&bn ` 1 -+_• n. xnrlo •.rA . 3 . BAM'22 1 rrw. wo¢ YR. 9• 1 1 ] ,Ya Htnua acv M. ��. STAIRWELL ♦ JY VIE rnra— rorr rol( 1 a l` i l ' ♦ A!f S�R.rCE 1 Y! a C �r�+oY¢imi! rmlr�i (1) M ate cart. I-Y JY I —j� 1 }Y lrnD i' 1 1 - I 1 •� I 1 tm • fA•V I9ONU5 ROOM I 3)rna sNm I i E JO O I I OVdK //-- / N M0.w L --------- -------- I I SS ppC f I 9 4 I I� n •e•a 1. i I'dL ,Qw •/ (D M BMH �If. —� } �r i u7 ie SAr fa¢ rAu '� T I I unuTY COO. i I r/ (a N ais cart. I e'nAaanwrl.�¢cote rA»navt r// Y i e1a rEK•J '._wA[xC e!Yllf4 1 I _ 1- e 0 n I ______________ ____ _____ i _ - 1 i ( \ _ L I � }) qrt M r.T .r/gR b ! - T-;V r_a• Y-,t ,/.• OrvKr 1�'. ih __ ___ 15-r• Y-AT KitT�lA2[�Or' /r. r r-2 ,/•- Y-s ,,.• _ r-n 1,/s mmx nF p) K 3 In I I ' rrr J I r-o• zr-Y un •r � rxx. ,rR. �• � ;u ic., r Ej qoc scv r '� `xi x-r r •l BASEMENT/FOUNDATION PLAN IRRIECT FRF.DERICK C. G. EVERMAN — DESIGNER/DRAFTSMAN R E S I D E N C I---F O FF2 A ID A _/L A F2 Tt I-- E L D 231 SHADY ACRES tMIE h.AM4EY i•. LE. wE3T VIF"NIA fREDERICR COUNTY ;IRG!WA PHONE (304) 725-6i4t OR /25-2/// 25430 )ON DOOR .0 WINDOW opiNINCS Cr(nrAa rrOJ`/Y R N: •M�r�O'%ILOLiw Wt9oCb�r r areNlrw ,cor a ooae ro ac oocw u.lr eaw vowa wart INau�,lart , AoaroA,.,. a wAo rax r.r. ws NJOfeC oP[Acta s w uAr AOua,A d•ur,o w� v2 r �/LL KorR..A '}' a .GO rO ♦ 9LL rM . c„6 aGA ,xA m a :X;,Aa, 12 b 2LL �'rcv1 r �O[ a aawlm AT ILL OFl1N ttaL' FOUNDATiON OPTIONS 1. •CER7NNTEED" FORM-MCRNN f'?WJ4ENT MOT�W fC'.S AND FOLZATiON DR.NNABE SYSTEM 2. •CERTNNTEED• THERMAEZE IN -FORM INSULATION SYSTEM _'1EET NO MAY 18, 22007 1 OF 7 N (Q) " PEDD DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK CO , VIRGINIA W E GIS, MAPPING, GRAPHICS WORK REQUEST S DATE RECEIVED: � / I U y/ REOUESTED COMPLETION DATE: 5 . n O REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back-ofrequest) C-,C f1v/qe5 O U'Ap- to C9 fj� ft-1> A nti /1(-' /< F/FZ-_�) Ply *-n- lg DIGITAL: PAPER: FAX: 1✓=1L:.---_- —_ SIZES: NUMBER OF COPIES: COLOR: BLACK/WHITE: 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) A,U r 8 2008 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Mark Eric Mike John Amber COMMENTS: Received by Clerical Staff (Date & Time): PS U:\Pam\Common\Document Approval Form.wpd CONDITIONAL USE PUBLIC HEARING Board Room Frederick County Administration Building 665-5651 - v I o 0� 34 A 98A l BRADFORD ANNETTE ARKFELD l o 9 9 0 9y9 sy `v ■ -y ( a^ Z` O Mqa A 9 \.� CH4RCESD 35 A 2 LDJANET gia . in 1 �� b 34 A lh ARKFELD L A00, B 34 6 12 A013AN JON T 8 PAULA S 34 5 11 FFER CLARENM L t % �0 Ne 6Rsr, Y L� r9 � S � 4Rgy4 e 4, C I RG�N� h - EEWRICHARD 8 WULF PATRICIA ' f ' " 0 750 1,500 3,000 Feet we Adam Arkfeld Conditional Use Permit - Bed Fr Breakfast CUP 10 - 08 PIN: 34-A- 98 Case Planner: Mark Application Zoning M2 (Industrial. General Distrito Urban Development Area - BI (Business. Neighborhood District) - MHI (Mobile Home Community District) S WSA • B2 (Business, General District) - MS (Medical Support District) • B3 (Business, Industrial Transition District) - R4 (Residential Planned Community District) - EM (Extractive Manufacturing District) • R5 (Residential Recreational Community Distrito - HE (Higher Education District) O RA (Run[ Area District) - MI (Industrial, Light District) RP (Residential Performance District) '.lap Document (N\Planninq_ And _Developrnentl_1_Locator _Mps120081Adam_Arkfeld_CUP1008_081508.mxd) 8/18/2008 -- 8:5841 AM • Ar 14,16-- • H E # 1 =;NTH E P, - D P,AI C'--..a FIELD 2008 Tele Atl •a _. s 4L. ✓ OF to f- i -� 10( Or a 7.1. y .4.F �: -: t�• =.: � � _. - - ; , >, '- r . _ 4' fr F { ', qq���lf^Y VR P 6 ol 3 i4f, r rt yr 40 J e 1 w . �e. ■ i F - j r- i Fl � ..i+ r ,� ... 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