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HomeMy WebLinkAbout05-09 Roger Jenkins Garage - Gainesboro - BackfileCUP TRACKING SHEET OPEN FILE: % / O File opened Aq �-74 / Reference Manual updated/number assigned /03 D-base updated t Location maps requested from Mapping Dept. % d l O Adjoiner list given to Planner Q, Application Action Summary updated ACTION Planning Commission Meeting 1 % /b9 / Board of Supervisors Meeting CLOSE FILE: Approval (or denial) letter mailed to applicant, copy to Inspections Dept., copy to file and other cc's I/ /�"q _ File stamped "approved", "denied" or "withdrawn" I I /O-V) 1,047 Reference manual updated D-base updated Application Action Summary updated Sys ID # a� 0 � o N cr o Q O N (U A > Q O +, try wa�3� RECEIVED FROM %ld f-" ADDRESS -:? J� ❑ FOR ❑ FOR iA Y'C 1 AMT. OF ACCOUNT CASH AMT. PAID � ��' CHECK BALANCE DUE MONEY ORDER BY NO. UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Frederick County Dept. Of Planning �IN & Development 107 N. Rent Street. Suite 202 Winchester, VA 2260VAR 1 2013 ildill"i"''•idl'lili'iiif'" ill'hil�'i���iiiltilil.i�i�,W!, j ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Roger and Nancy Jenkins 278 Old Bethel Church Road Winchester, Virginia 22603 A. Signature �y ^ ❑ Agent X B. eceived by (Printed Name) C. bate of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type © Certified Mail O Express Mail ❑ Registered ❑ Return ReceiptrlMMMUrnft ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7 012 1, 010 0002 2 610 4016 I I; PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M"1540j Postal CERTIFIED MAIL - RECEIPT .. r 0 0 [ OFFICIAL ji E7 _p Postage $ ru Certified Fee R! Postmark t] Return Receipt Fee Here O (Endorsement Required) O Restricted Delivery Fee C:3 (Endorsement Required) O Tot r-i ruFentRoger and Nancy Jenkinso 278 Old Bethel Church Road ------------ram- Winchester, Virginia 22603 Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders. ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Mail®. ■ Certified Mail is notavailable for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 o FIIE copy COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL February 26, 2013 Roger and Nancy Jenkins 278 Old Bethel Church Road Winchester, Virginia 22603 RE: 190 Boggess Lane Property Identification Number (PIN): 41-10-9 Zoning District: RA (Rural Areas) Dear Mr. and Ms. Jenkins: This letter is to inform you that your Conditional Use Permit (CUP) #05-09 for a Public Garage without Body Repair approved November 18, 2009, is now void. Conditions 6 and 7 of CUP #05-09 have not been met. Condition 6 states: The Board of Supervisors authorizes the use of a pump and haul system for up to three years from the date of approval of this Conditional Use Permit. The applicant shall apply for and install an approved septic system within three years of the approval of this Conditional Use Permit. Condition 7 states: This Conditional Use shall be void and will be revoked if Condition #6 is not implemented. A temporary pump and haul permit was issued for the property located at 190 Boggess Lane on February 16, 2010; this permit had an expiration date of February 16, 2013. As of this date, no approved septic system has been installed. Therefore, CUP #05-09 approved for a Public Garage without Body Repair located at 190 Boggess Lane is of this date void. Should you want to re -activate this Conditional Use Permit, you will need to apply for a new Conditional Use Permit for this use on the property. Any repairing of vehicles on this property will be a violation of the Frederick County Zoning Ordinance. Failure to comply with the Frederick County Zoning Ordinance will result in a criminal complaint being filed against you. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, M k Zoning Administrator MRC/dlw cc: Robert Hess, Gainesboro District Supervisor John Trenary, Building Department Mason Allen, VDH Charles Triplett and Kevin Kenney, Gainesboro District Planning Commissioners 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • Diane Walsh From: Diane Walsh Sent: Tuesday, February 26, 2013 9:53 AM To: Robert A. Hess Cc: Mark Cheran Subject: CUP #05-09 Void Attachments: Jenkins Letter CUP #05-09 Void.pdf Tracking: Recipient Delivery Robert A. Hess Mark Cheran Delivered: 2/26/2013 9:53 AM Kevin W. Kenney (kkenneybuildings@gmail.com) Please find attached a copy of a letter being sent to Roger and Nancy Jenkins regarding their CUP #05-09 for a Public Garage Without Body Repair located at 190 Boggess Lane which was approved November 18, 2009 and is now void. Conditions 6 and 7 have not been met. An approved septic system was to be installed at the above - referenced address within three years of the approval of the CUP. As of this date no approved septic system has been installed. If you have any questions, please do not hesitate to contact 1V1r. Cheran. Diane L. Walsh Frederick County Planning Department 107 North Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 Fax:540-665-6395 dwalsh(Daco.frederick.va.us • • Diane Walsh From: System Administrator To: Mark Cheran Sent: Tuesday, February 26, 2013 9:53 AM Subject: Delivered: CUP #05-09 Void Your message To: Robert Hess Cc: Mark Cheran Subject: CUP #05-09 Void Sent: 2/26/2013 9:53 AM was delivered to the following recipient(s): Mark Cheran on 2/26/2013 9:53 AM 1 Diane Walsh From: Mail Delivery System [MAI LER-DAEMON@co.frederick.va. us] Sent: Tuesday, February 26, 2013 9:51 AM To: Diane Walsh Subject: Successful Mail Delivery Report Attachments: Delivery report; Message Headers This is the mail system at host spamtitan.co.frederick.va.us. Your message was successfully delivered to the destination(s) listed below. If the message was delivered to mailbox you will receive no further notifications. Otherwise you may still receive notifications of mail delivery errors from other systems. The mail system <mail e,bobandbeckyhess.corn>: delivery via aspmx.l.google.com[l73.194.74.27]:25: 250 2.0.0 OK 1361890255 v5si469906gct.24 - gsmtp <kkenneybuilding_s@gmail.com>: delivery via gmail-srntp-in.l.google.com[173.194.68.26]:25: 250 2.0.0 OK 1361890255 fu9sil366859gab.95 - gsmtp t'DHOF VIRGINIA Frederick County Health Department DEPARTMENT107 N. Kent St. Suite 201 Winchester, VA 22601 HEALTH (540) 722-3480 Voice Prate- ir.,q You ar'rcl Your (540) 722-3479 Fax Temporary Pump and Haul Storage Facility Construction Permit Health Department ID Number: 69100028 Owner/ Agent Information Owner: Roger Jenkins 278 Old Bethel Church Rd. Winchester, Virginia 22603 Owner Phone: (540) 667-9656 Location Information Property Address: Boggess Lane Tax Map: 41-10-9 Locality: Frederick Directions: 522N, L on Indian Hollow Rd., R on Old Bethel Church Rd,m R on Boggess Lane, 1 st d/w on R. General Information System Type: Temporary Pump and Haul Type of Property: Residential Sewer Line Sch. 40 Pipe; 1.25"per 10' fall; no bends <45 degrees; Cleanouts every 50 feet Conveyance Line / Force Main Information NA Daily Flow: Temporary Pump and Haul only Distribution Box Information NA Header Line Information NA Septic Tank - Inlet Outlet Structure Percolation Lines and Absorption Area Capacity: Two 1200 gallon tanks in series NA The inlet structure shall be 1-2 inches higher than the outlet structure and shall extend 6-8 inches below and 8-10 inches above the normal liquid level. The outlet structure shall extend 35-40% below the normal liquid level and 8-10 inches above the normal liquid level. This permit is issued based on the condition that the spray irrigation system (or other approved sewage disposal system) is installed and approved within three years of the date the permit is issued. This temporary pump and haul system is not to be installed or operated after three years from the date the permit is issued. Construction Drawing HD ID #: 69100028 Owner Information Roger Jenkins Phone: (540) 667-9656 278 Old Bethel Church Rd. Winchester, Virginia 22603 Construction Drawing Pump and haul tanks are to be 1200 gallon or greater tanks with watertight access risers on both tanks extending to the ground surface. The second tank is to be fitted with an auto -visual alarm float under the access riser and set to activate when the second tank is one-half full. All connections are to be wired outside of the tank in a Nema 4 box. The alarm is to be located inside the dwelling and not in a crawl space or other area which is not accessible. The tanks and risers must be sealed by the contractor to assure that they are watertight to prevent any infiltration. This permit is issued based on the condition that the spray irrigation system (or other approved sewage disposal system) is installed and approved within three years of the date the permit is issued. This temporary pump and haul system is not to be installed or operated after three years from the date the permit is issued. Keep all components of this system a minimum of 50 feet from any water supply. Keep the tanks 20' minimum from any basement foundation and 10 feet minimum from other building foundation. This sewage disposal system construction permit is null and void if conditions are changed from those shown on the application or construction permit. No part of any installation may be covered or used until inspected, corrections made if n?eqpssary and the system is approved. M&/A 1&4 February 16, 2010 February 16, 2013 Mason Allen Issue Date Expiration Date REVIEW AND RENEWAL, MODIFICATION OR TERMINATION OF THE NEW OAKHILL AGRICULTURAL AND FORESTAL DISTRICT The current term of the New Oakhill Agricultural and Forestal District will expire on April 15, 2010. The District has a four-year term and a lot subdivision minimum of 40 acres. Pursuant to Chapter 1226 of the Codified Ordinances of Loudoun County, the Board of Supervisors has directed staff, the Agricultural District Advisory Committee (ADAC) and the Planning Commission to conduct a review in order to determine whether to continue, modify or terminate the District. Parcels currently in the District lie within an area approximately bounded by Goose Creek to the north, Watson Road (Route 860) to the east, John Mosby Highway (Route 50) to the south, and Oatlands Road (Route 650) to the west, located within the Blue Ridge and Dulles Election Districts. During this review, land within the District may be withdrawn, in whole or in part, at the owners discretion by filing a written notice with the Board of Supervisors at any time before the Board acts to continue, modify or terminate the District. Landowners of the following parcels, currently enrolled in the New Oakhill Agricultural and Forestal District, were notified by certified first class mail of the District review. Parcel Listings PIN,' Tax Map Acres PIN Tax Ma ' Acres 281358064000 /76//11/////3E 6.23 358470197000 /75//12/////3/ 15.73 321154289000 /90////////14A 1.5 358489730000 175HI5///A2B/ 6.7 321254780000 /90////////I1/ 6.94 359399276000 /89////////11/ 1042.81 323260591000 /90////////24/ 68.28 360153941000 /89/////////8F 6 323388175000 /90/A/1/////9/ 9.39 361175558000 /89///1/////N/ 10.48 356271924000 /75///4////A2/ 22.03 361283384000 /89////////17B 1 356373239000 /75/ll4////B/ 22.5 361359735000 /89//10/////1/ 11.19 357160725000 /75////////26/ 50 361368286000 /89////////18D 9. 33 357162966000 /75///1/////1/ 13.79 361483158000 /89///8////l 1 A 158.84 357179003000 /75//12/////4/ 15.77 362352070000 /89///2/////3/ 11 357186979000 /75///7/////3/ 34.85 393196740000 /75////////25/ 62.44 358368524000 /75////////28/ 133.95 393203151000 /75////////25B 10 358450840000 /75//12/////1/ 6.44 393203295000 /75///5/////1/ 14.64 358454465000 /75///1/////6/ 15.65 396107176000 /89/////////8E 11.11 358455231000 /75//12/////2/ 6.65 398291870000 /98///6/////A/ 28.34 Any owner of additional qualifying land may apply for inclusion in the New Oakhill Agricultural and Forestal District within thirty (30) days from the date of the first publication of this notice, or, with consent of the Board of Supervisors, at any time before the Public Hearing that the Board must hold to review the District and any new applications. Applications for the addition of land to the New Oakhill Agricultural and Forestal District shall be filed with the Loudoun County Board of Supervisors and referred to the Planning Commission pursuant to Chapter 43, Title 15.2 of the Code of Virginia. Any owner who applies for inclusion in the District may withdraw his land, in whole or in part, by filing written notice with the Board of Supervisors at any time before the Board of Supervisors acts pursuant to Sections 15.2-4309 and 15.2-4310 of the Code of Virginia. Additional qualifying lands may be added to an already created district at any time upon separate application pursuant to Chapter 43, Title 15.2 of the Code of Virginia. The ADAC held a public meeting on January 5, 2010, to consider whether to continue, modify or terminate the New Oakhill Agricultural and Forestal District and to consider any applications for the addition of land to the District. The report of the ADAC will be considered by the Planning Commission, along with new applications and any proposed modifications, at its public hearing. In accordance with Section 15.2-4307 of the Code of Virginia, the applications are on file and open to public inspection at the County Government Center, Department of Economic Development, I Harrison Street SE, 5th Floor, Leesburg, VA, Monday through Friday, 9: 00 am until 4:30 pm or call (703) 777-0426. Bev Dellinger From: Eric Lawrence Sent: Thursday, November 19, 2009 2:05 PM To: Bev Dellinger; Mark Cheran Subject: Jenkins CUP Last night the Board approved the Jenkins CUP with revisions to the conditions. Please make sure we update the conditions #6... The board of Supervisors authorizes the use of a pump and haul health system for up to 3 years from the date of approval of this Conditional Use Permit. The applicant shall apply for and install an approved septic system within three years of the approval of this Conditional Use Permit. #12.... A "Private Residence — No Trespassing" sign shall be posted on Boggess Lane immediately past the Jenkins' property's entrance. Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(o)-co.frederick.va.us http://www.co.frederick.va.us/Planning www.co.frederick.va.us • • �o��oflRE, 9 )CK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 20, 2009 Mr. and Mrs. Roger Jenkins 278 Old Bethel Church Rd. Winchester, VA 22603 RE: CUP #05-09, Property Identification Number 41-10-9 Dear Mr. and Mrs. Jenkins: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on November 18, 2009. Conditional Use Permit #05-09 was approved for a Public Garage Without Body Repair. Conditions associated with the approval of the Conditional Use Permit include the following: All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five vehicles on site at any time. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation is limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. The Board of Supervisors authorizes the use of a pump and haul system for up to three years from the date of approval of this Conditional Use Permit. The applicant shall apply for and install an approved septic system within three years of the approval of this Conditional Use Permit. 7. This Conditional Use Permit shall be void and will be revoked if Condition #6 is not implemented. 8. Any proposed business sign shall conform to the cottage occupation sign requirements and shall not exceed four square -feet in size and five feet in height. 9. The public garage shall only be permitted to operate between the hours of 8:00 a.m. to 6:00 p.m. Monday through Saturday. No Sunday hours of operation are permitted. 10. Any expansion or change of use shall require a new conditional use permit. 11. A 15-mph speed limit sign shall be posted on Boggess Lane approximately 500 feet from the entrance. A "Watch for Children" sign shall be posted at the entrance of Boggess Lane. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 1 Mr. and Mrs. Jenkins CUP #05-09 November 20, 2009 Page 2 12. A "Private Residence —No Trespassing" sign shall be posted on.Boggess Lane immediately passed the Jenkins' property entrance. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official FILE 'CH B COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: November 24, 2009 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Roger Jenkins. Mr. Jenkins had a deposit for one sign for Conditional Use #05-09. Mr. Jenkins 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: Roger Jenkins 278 Old 3ethel Church Rd Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 00""" ot,�e c ' 1�go �S.p04'��axcb � A X R E C E I P T i K COUNTY Ticket #:00006270001 p Date 7/22/2009 BOXA22ORNDOFF, JR Register: JKH/LKHS2 1ST esbe�e{. T= an s. #: 59093 Dept # 1095 �`eagz Yes fCHESTER VA 22604-0225 ,o Acct4 pIGN DEPOSITS PLANNING Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 PLANNING f Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING Check 125800.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 7/2C09 =K PLEASE DETACH AND RETAIN FOR YOUR RECORD _ _ � � i LIV 1 MrCt;bl' '1'HRU THE MONTH 7/2009 7- 0 00 CONDITIONAL USE PERMIT #05-09 ROGER JENKINS Aw I Staff Report for the Board of Supervisors w Prepared: October 26, 2009 �II Staff Contact: Mark R. Cheran, Zoning Administrator I7)8 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: 08/19/09 Tabled by PC for 45 days 10/07/09 Recommended approval Board of Supervisors: 11/18/09 Pending EXECUTIVE SUMARY: This is a request for a Public Garage without Body Repair. After having tabled this request on August 19, 2009, the Planning Commission, at their meeting on October 7, 2009, considered and agreed to modifications to the conditions per the adjoining property owners and the applicant. The Planning Commission unanimously recommended approval of this CUP with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation is limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. The applicant shall apply for and install an approved septic system within three (3) years of the approval date of this Conditional Use Permit. 7. This Conditional Use Permit shall be void and will be revoked if condition #6 is not implemented. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 9. The public garage shall only be permitted to operate between the hours of 8:00 am to 6:00 pm, Monday through Saturday. No Sunday hours of operation are permitted. s 0 Page 2 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 10. Any expansion or change of use shall require a new Conditional Use Permit. 11. A 15-mph speed limit sign shall be posted on Boggess Lane approximately 500 feet from the entrance. A "Watch for Children" sign shall be posted at the entrance of Boggess Lane. 12. A "Private Residence — No Trespassing" sign shall be posted at Mr. Jenkins' entrance. 0 0 Page 3 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 LOCATION: This property is located at 190 Boggess Lane. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 41-10-9 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Garage ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Residential/Church East: RA (Rural Areas) Land Use: Residential/Vacant West: RA (Rural Areas) Land Use: Residential/Vacant PROPOSED USE: This application is for a Public Garage without Body Repair. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 608, 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. Fire and Rescue: Plan approval recommended. Inspections Department: Building permit for change of use required. Buildings shall comply with The Virginia Uniform Statewide Building Code and Sections 311, S Storage of the International Building Code/2006 and Special Use Section 406.6. Other Code that applies is ANSI Al17.1-3 Accessible and Usable Buildings and Facilities. Proposed 4800 sq. ft. repair garage shall comply with ANSI Handicap Al17.1-3-03. All required egress shall be handicap accessible. Handicap parking shall be provided. Signage shall comply with USBC 1106.8. Parking at proposed shop area not shown on plans at this time. Restrooms shall be provided and Page 4 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 be connected to an approved disposal system. If floor drain system is provided, a grease/oil separator per the International Plumbing Code. Special inspections requirements of Chapter 17 of IBC shall apply to this type of structure (soils, concrete, steel, etc.). Permit required for fence that exceeds six feet above finished grade. Health Department: The Health Dept. has no objections for the public garage (auto repair) to be utilized as long as the spray irrigation septic system is constructed within the three year time frame and a temporary pump and haul is applied for to be used until the spray irrigation can be utilized within the three year time frame. Please approve with temporary pump and haul for three years after application for pump and haul is approved. All setbacks to existing wells and septics must be met according to Sewage Handling and Disposal Regulations as well as State well regulations. Planning and Zoning: Public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP), provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing structure approximately 4,800 square feet in size, on a 77 acre parcel. This property and the surrounding properties are currently zoned RA and are heavily wooded with natural screening for this proposed use. The nearest buildings or dwellings are more than one -hundred (100) feet from this property. No more than five (5) vehicles awaiting repair are allowed at one time and no employees will be allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. This proposed use will utilize a temporary pump and haul permit approved by the Frederick County Administrator for a period of three (3) years, from the approval date of this Conditional Use Permit. The Health Dept. has no objections for the public garage (auto repair) utilizing the approved pump and haul as long as the spray irrigation septic system is constructed within the three year time frame. Should the applicant not install an approved septic system within the specified time, the CUP will become void and will be revoked. STAFF CONCLUSIONS FOR THE 08/19/09 PLANNING COMMISSION MEETING: This is a request for a Public Garage without Body Repair. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. 0 i Page 5 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 4. Operation limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. The applicant shall apply for and install an approved septic system within three (3) years of the approval date of this Conditional Use Permit. 7. This Conditional Use Permit shall be void and will be revoked if condition #6 is not implemented. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 9. Hours of operation shall be from 8:00 am to 6:00 pm and no repair activities will take place on Sundays. 10. A 15-mph speed limit sign shall be posted at the entrance to Boggess Lane from Route 608. A "Watch for Children" sign shall be posted on Boggess Lane approximately 500 feet from its entrance from Route 608. 11. Any expansion or change of use shall require a new Conditional Use Permit. 12. A "Private Residence — No Trespassing" sign shall be posted on Boggess Lane. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/19/09 MEETING: The staff reported that a few of the recommended conditions were amended as a result of conversations the staff had with the applicant and adjoining property owners, as follows: Condition #9, Hours of operation shall be from 8:00 a.m to 6:00 p.m. No repair activities will take place on Sundays; Condition #10, A 15-mph speed limit sign shall be posted at the entrance to Boggess Lane from Route 608; Condition #11, A "Watch for Children" sign shall be posted on Boggess Lane approximately 500 feet from its entrance from Route 608; and Condition #12, A "Private Residence -No Trespassing" sign shall be posted on Boggess Lane. The staff confirmed that Boggess Lane was a private road and no written road maintenance agreement was in effect. The staff noted that public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP), provided all repair work takes place entirely within an enclosed structure. Commission members discussed the proposed business with Mr. Jenkins, the applicant. Mr. Jenkins said he repairs automatic transmissions and he estimated receiving three vehicles per week; he did not anticipate the operation to generate a lot of noise; there would be no fabrication, Page 6 Conditional Use Permit 405-09 Roger Jenkins October 26, 2009 welding, or brake machines. When Commissioners asked the applicant if he would be willing to participate in the cost of road maintenance, Mr. Jenkins said that he did not oppose being involved, but he and his wife had not had an opportunity to review the proposed agreement. Mr. Jenkins had no problem with vehicles being dropped off or picked up during normal business hours. Five adjoining and neighboring residents came forward to speak with concerns about the business and/or the use of Boggess Lane for business purposes. They reported that Boggess Lane was a one -lane private road with poor visibility and they had concerns for the safety of their children playing or walking to the school bus stop. They were concerned about increased traffic, strangers driving up their private lane, and general wear and tear on the road from trucks or heavy equipment. Some were opposed to any type of commercial business establishment. Others suggested Mr. Jenkins use his existing easement for his business which would alleviate many of the concerns raised about Boggess Lane or participate in the road maintenance costs through their proposed road maintenance agreement. They spoke about the need for the speed limit and watch children signs and for the conditions to specify the hours of operation. Mrs. Jenkins, wife of the applicant, said they are currently operating this business at their residence at 278 Old Bethel Church Road with an approved CUP. However, they believed the existing newer building, which was constructed for their farm equipment, would be easier for her husband to work in. She added that this will be a one -person garage for her husband to work on transmissions; she said at the most, he could only fix two vehicles per week. Frederick County Attorney, Rod Williams, stated that in terms of the County's consideration of a CUP, conditions may be placed on the permit, legally including a condition regarding a road maintenance agreement for upkeep of a road to particular standards. However, Mr. Williams said the bigger issue for the County comes from the practical side; for example, if the maintenance agreement simply states that a maintenance agreement must be in place, whether it is abided by is out of the hands of the County. He said if the condition in the CUP states that the maintenance agreement must be in place and abided by, the practical problem for the County is that the Commission and the Board of Supervisors would end up being charged with the responsibility of policing its compliance. Mr. Williams said this function is better reserved for the courthouse rather than for the Planning Commission and the Board of Supervisors, as a practical matter. Some Commissioners voiced their opinion that since Mr. and Mrs. Jenkins have an easement to use Boggess Lane, they have as much right to use the road as any of the other residents. They noted that Mr. Jenkins' CUP would probably generate less or an equivalent amount of vehicle trips as an additional residence. Other Commissioners believed Mr. Jenkins should pay his share of road maintenance costs and he should participate in the road maintenance agreement. Commissioners decided to table the CUP request for 45 days in order to provide time for the Page 7 Conditional Use Permit #05-09 Roger Jenkins October 26, 2009 residents along Boggess Lane to work out a road maintenance agreement with all of the property owners. The majority vote on tabling was: YES (TO TABLE): Mohn, Kerr, Triplett, Kriz, Wilmot, Manuel, Ambrogi, Crosen, Unger NO: Madagan, Thomas, Oates (Note: Commissioner Ruckman was absent from the meeting.) PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/07/09 MEETING: Staff reported that this item was tabled from the Commission's August 19, 2009 meeting for 45 days to allow time for the property owners along Boggess Lane to work out a road maintenance agreement for Boggess Lane, a private road. Staff read the revised conditions which were compiled with input from property owners along Boggess Lane. During the public comment portion of the meeting, one person spoke on behalf of the property owners along Boggess Lane. She reported that a road maintenance agreement was signed and recorded and she provided copies to the Planning Commission. She requested that the Planning Commission include the conditions relating to the hours of operation and the posting of a speed - limit sign, a "watch for children" sign, and a "private residence/no trespassing sign," if the CUP was recommended for approval. She also asked for the signs to be metal and maintained by Mr. Jenkins. The Planning Commission talked about who would be responsible for installing and maintaining the signs. From a County perspective, commission members believed the requirement for the signs were a condition of Mr. Jenkins' CUP; they believed the initial sign installation should be Mr. Jenkins' obligation and then afterward, the property owners along Boggess Lane should work out a payment method for maintenance and replacement of the signs. The Planning Commission unanimously recommended approval of the CUP with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five vehicles on site at any time. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation is limited to the applicant; no employees. All repair activities shall occur entirely within the enclosed structure. • �j Page 8 Conditional Use Permit 405-09 Roger Jenkins October 26, 2009 6. The applicant shall apply for and install an approved septic system within three years of the approval date of this conditional use permit. 7. This conditional use permit shall be void and will be revoked, if Condition #6 is not implemented. 8. Any proposed business sign shall conform to the cottage occupation sign requirements and shall not exceed four square -feet in size and five feet in height. 9. The hours of operation shall be from 8:00 a.m. to 6:00 p.m. and no repair activities will take place on Sundays. 10. Any expansion or change of use shall require a new conditional use permit. 11. A 15-mph speed limit sign shall be posted on Boggess Lane approximately 500 feet from the entrance. A "Watch for Children" sign shall be posted at the entrance of Boggess Lane. 12. A "Private Residence —No Trespassing sign shall be posted at Mr. Jenkins' entrance. (Note: Commissioner Ruckman was absent from the meeting.) Submittal Deadline 0�v P/C Meeting a BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 7a4© 1. Agglicant (The applicant if the owner other) NAME: 60 n / � ) ADDRESS: ,p / CAS �-C �d [� !1C.�1P ,— VA aaCc TELEPHONE `p 67- 7& S G� 2. Please list all owners, occupants (adult individuals as well as any entities -occupying the property), or parties in the interest of the property: /� O�Pr Je/l't' nS A r, C-4 3. The property is located at: (please give exact directions and include the route number of your road or street) ��/ld,�C_� - K� do �Qn�i P� _ lST �/�E.t✓Gic1 �n /1ZS k4 4. The property has a road frontage of O feet and a Cc2il depth of aYCIS' feet and consists ofacres. (Please be exact) 5. The property is owned by /�o per- 9-1 ryC,c CZ--- 'l as evidenced by deed from m c. S recorded (previous owner) in deed book no. on page �t-2,5— , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I.D.)No. Magisterial District Los Current Zoning Us / a-e 4// — / D - 6 Adjoining Property: USE North East South p West ZONING A4 Ru ^a/ 4r-cas 8. 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 notified by mail of this application: NAME _700naL/6/ laac-oc, ADDRESS /,/ S; f//af &4& 1 Niue ,Pal PROPERTY ID#g% -,4 NAMFS'led2 ADDRESS dql 3gJg e--,s Z e2/? c. PROPERTY ID# NAME-�a s 1~- Atc,'14eyWel ADDRESS _,9�._��._ . gS.S— fie. PROPERTY ID#/ - / O - �G NAMED ¢-01_4-be�—ADDRESS PROPERTY ID# V/ - /O - f/ NAME .k a be.�/�/�� t-Ae li kA ADDRESS 3o-O 14nu-s N L PROPERTY ID#_ NAME Q,'c%a�d 4-�ez �ca�rrn,7-ADDRESS ;!9D 4Igtx S PROPERTY ID# Z// - A -6 k L- NAME�ADDRESS / d / //Qy PROPERTY ID# NAMI �nn�'�g 5 ADDRESS qq3 %y,Gl(,Ilt/1 L.Qr» PROPERTY ID# 01) NAMI`j Dimas f--� nnp L,,�DDRESS dde, 411e, Lcxne PROPERTY ID# L NAME�Aod t-sQ> C L,&%YCJ klADDRESS ��Lo I�JGt�pl�, /ed PROPERTY ID# e%/ - A¢ // a C NAME f,,%ilb&, �Je✓���i a� ADDRESS / S/Lr ��' �vs <f* PROPERTY ID# NAMr. T^!::V j.-f .-SA ry / A-elfordADDRESS PROPERTY ID# Y/ 4 - � NAME ADDRESS 11D _ AOSSu n!!� PROPERTY ID# NAME �` ,'tt-4- A-rla be.i/ ADDRESS Q �r .4 PROPERTY ID# -3 NAME �%Z,neS /�_Tr S ADDRESS ��� T3Q_�� PROPERTY ID# NAME �4" ,,� eS ADDRESS /c7 4 Z),Q PROPERTY ID# NAME D/ci 6aMe-/ 4(,7 �a /y7e�---tkDDRESS Old PROPERTY I.D# q/-A -/a-& NAME ADDRESS S7._8.._....0 ...... PROPERTY ID# 'BePw , I a,,, � did 4o-me- l el/- /I -SC0 1 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. • S 12. Additional comments, if any: AC pa /-- I,aA--So n - c4 V cj 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 e9 Qcy Qld 06a- tej �1 it 4a/ (, Ii � es�-rr— `�-ac.v3 Owners' 'felephone No. & & -7 - 96 TO BE COMPLETED BY "THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: v�i �1 -� `'. •- �5� �% f Future Rt37 Bypass ACUP0509_RogerJenkins_072309 Zoning M2 (Industrial, General District) ®BI A� (Business, Neighborhood District) • MHI(Mobile Home Community District) vQ 9,y^ ., `� � ■ � r I Urban Development Area 4W 62 (Business, General Dtslnsp MS (Medical Support District) Q V� ,� ?�� ^-■ _ ^� SWSA 4W 83 (Business, Industrial Transition District) 41M RJ (Residential Planned Communih District) �O ■ ■ • EM (Extractive Manufacturing District) • RS (Residential Recreational Community District) • HE (Nigher Education District) \ RA (Rural Are. District) MI (Industrial, Light District) RP (Residential Performance District) N 0 250 500 uE 1,000 Feet i i� Map Document (FA _1_Locator_Mps\2009\CUP0509_RogefJenkins_072309 mxd) 712312009 -- 337 11 PM • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 28, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #05-09 FOR ROGER JENKINS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, November 18, 2009, at 6:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #05-09 for Roger Jenkins, for a Public Garage Without Body Repair. This property is located at 190 Boggess Lane, and is identified with Property Identification Number 41-10-9 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, l` 1 �k R. �hera Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 0 This is to certify tat the attached correspondence was mailed to the following on %'C) g a9 from the Department of Planning and Development, Frederick County, Virginia: _ _ _ 41 • A• .109-D 41 10 9- JENNINGS DAVID M JENKINS ROGER L & NANCY S 493 HIDDEN VALLEY LN 278 OLD BETHEL CHURCH RD WINCHESTER VA 22603.4020 WINCHESTER VA 22603.4042 41 A 109 C LOOKER THOMAS C & JOANNE L 41 - A- • 93-A 461 HIDDEN VALLEY LN PEACOCK DONALD K WINCHESTER VA 22603 4020 668 OLD BETHEL CHURCH RD WINCHESTER VA 22603.3658 41 - A• - 112•E 41 10 8 D MCLELLAN DAVID C & SARAH M MICHAEL STEVE E & DIAN MCFARLAND 456 MARPLE RD 241 BOGGESSLN WINCHESTER VA 22603 4144 WINCHESTER VA 22603.4065 -- - - - - - 41 9 6 41 - A• - 98•K CLEVENGER WILLIAM L MICHELITCH KIMBERLY J 146 CARLOS CT 320 ANGUS HILL LN I WINCHESTER VA. 22603.4011 WINCHESTER VA 22603.3663 - — - - - - - - - 41 -9• . 5- 41 . A- - 98-L li BELFORD TERRY L & SHERYL B TENNANT RICHARD J & REBECCA J 110 POSSUM DRAW PL 200 ANGUS HILL LN WINCHESTER VA 22603.4062 WINCHESTER VA 22603.3664 41 - A- - 98-D ARMEL RAYMOND E & BETTY ANN 519 HIDDEN VALLEY LN WINCHESTER VA 22603.4021 STATE OF VIRGINIA COUNTY OF FREDERICK - j Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department l . ;�� ] , a Notary Public in and for the State and County aforesaid, do lereby certify thaVMark R. Cheran, Zoning & Subdivision Administrator for the Departent of Planning and Development, whose name is signed to the foregoing, dated j n IQ/(� i' , has personally appeared before me and acknowledged the same in my State and C6unty aforesaid. Given under my hand this r day of My commission expires one ry€JEVF.RLY H. DELLINGER NOTARY Io,Y 331678 1 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA I MY COMMISSION EXPIRES JUMY 31, 2011 *9JIBLIC NOTARY ovt 2 41 -9- - 3 CAMPBELL PATRICK A & AIR 518 KATYDID DR WINCHESTER VA 22603.4036 41 - A- -124- MYERS JAMES R MYERS FAYE P 100 MYERSONS OR WINCHESTER VA 22602-4599 41 - A- - 125- MCFARLAND JAMES C 124 LITTLE RIVER DR WINCHESTER VA 22602.6215 41 - A• -126- OLD BETHEL UNITED METHODIST CIO RUSTY KNUPP P 0 BOX 70 STEPHENSON VA 22656 41 - A- - 92- MOWBRAY SHAWN & REBECCA 578 OLD BETHEL CHURCH RD WINCHESTER VA 22603.4045 41-A--91- MT BETHEL VIEW UNITED CIO HARRY SIRBAUGH 337 BETHEL GRANGE RD WINCHESTER VA 22603.4007 41 -10- - 9-A AMARI THOMAS AMARI STACIE BISHOP 285 BOGGESS LN WINCHESTER VA 22603.4065 �7 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING September 25, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #05-09 FOR ROGER JENKINS On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, October 7, 2009, at 7:00 p.m. in the Board Room of the Frederick County' Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #05-09 for Roger Jenkins, for a Public Garage Without Body Repair. This property is located at 190 Boggess Lane, and is identified with Property Identification Number 41-10-9 in the Gainesboro 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 websi.te at www.co.frederick.va.us. Sincerely, arlc R. Ch ran _ Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certi hat t e attached correspondence was mailed to the following on fiom the Department of Planning and Development, Frederick County, Virginia: 41 - A- .109-D - - - - - - JENNINGS DAVID M 41 -10- - 9- 493 HIDDEN VALLEY LN JENKINS ROGER L & NANCY S WINCHESTER VA 22603-4020 278 OLD BETHEL CHURCH RD WINCHESTER VA 22603-4042 41 . A• -109-C 1 LOOKER THOMAS C & JOANNE L 41 - A- - 93-A 461 HIDDEN VALLEY LN PEACOCK DONALD K WINCHESTER VA 22603.4020 668 OLD BETHEL CHURCH R22603 3658 41 A 112 E WINCHESTER VA MCLELLAN DAVID C & SARAH M 41 -10- - 8-D 456 MARPLE RD MICHAEL STEVE E & DIAN MCFARLANO WINCHESTER VA 22.603-4144 241 BOGGESS LN WINCHESTER VA 22603-4065 41 -9- - 6- CLEVENGER WILLIAM L 41 - A- . 98-K 146 CARLOS CT MICHELITCH KIMBERLY J ( WINCHESTER VA 22603-4011 320 ANGUS HILL LN 41 •9- - 5- WINCHESTER VA 22603 36E,3 I BELFORD TERRY L & SHERYL B 41 . A• . 98-L 110 POSSUM DRAW PL TENNANT RICHARD J &. REBECCA J WINCHESTER VA 22603 4062 280 ANGUS HILL. LN WINCHESTER VA 22603-3664 — 41 - A- - 98.0 J ARMEL RAYMOND E & BETTY ANN 519 HIDDEN VALLEY LN WINCHESTER VA 22603.4021 ar R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 4 l�. Va, a, a Notary Public in and for the State and County aforesaid, doh eby certify that Ma R. Cheran, Zoning & Subdivision Administrator for the Departm nt of Planning and Development, whose name is signed to the foregoing, dated d , has personally appeared before me and acknowledged the same in my State and Co my aforesaid. Given under my hand this day of My commission expires on L NOTARY ID P 331878 NOTARY PUBLIC COMMONWEALTH OR VIRGINIA MYCOMMIssION i xPiR&s JULYat, 201i NOTARY P LIC 0 (/AC— 41 - 9- - 3- CAMPBELL PATRICK A & ANNA RID 518 KATYDID DR WINCHESTER VA22603.4036 41 - A- - 124- MYERS JAMES R MYERS FAYE P 100 MYERSONS DR WINCHESTER VA 22602.4599 41 - A- - 125- MCFARLAND JAMES C 124 LITTLE RIVER DR WINCHESTER VA 22602.6215 41 - A- - 126- OLD BETHEL UNITED METHODIST CIO RUSTY KNUPP P 0 BOX 70 STEPHENSON VA 22656 41 - A- - 92- MOWBRAY SHAWN & REBECCA 578 OLD BETHEL CHURCH RD WINCHESTER VA 22603.4045 41-A--91- MT BETHEL VIEW UNITED CIO HARRY SIRBAUGH 337 BETHEL GRANGE RD WINCHESTER VA 22603.4007 41 -10- - 9-A AMARI THOMAS AMARI STACIE BISHOP 285 BOGGESS LN WINCHESTER VA 22603.4065 CJ 11 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 7, 2009 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #05-09 FOR ROGER JENKINS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, August 19, 2008, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #05-09 for Roger Jenkins, for a Public Garage Without Body Repair. This property is located at 190 Boggess Lane, and is identified with Property Identification Number 41-10-9 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this public meeting. 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, i' �✓ Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ! 9 This is to certify tat the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: - - -- 41 -A- -109-D 41 10 9 JENNINGS DAVID M JENKINS ROGER L & NANCY S 493 HIDDEN VALLEY LN 278 OLD BETHEL CHURCH RD WINCHESTER VA 22603.4020 WINCHESTER VA 22603.4042 - 41 - A• . 109-C 41 A 93•A LOOKER THOMAS C & JOANNE L PEACOCK DONALD K 461 HIDDEN VALLEY LN 6.60 OLD BETHEL CHURCH RD WINCHESTER VA 22603.4020 WINCHESTER VA 22603.3658 - - - 41 A 112E 41 •10- • 8-D MCLELLAN DAVID C & SARAH M MICHAEL STEVE E & DIAN MCFARLAND 456 MARPLE RD 241 BOGGESSLN WINCHESTER VA 22603.4144 WINCHESTER VA 22603.4065 --- 41 A- . 98-K MICHELITCH KIMBERLY J 320 ANGUS HILL LN WINCHESTER VA 22603.3663 41 A• - 98•L TENNANT RICHARD J & REBECCA J 280 ANGUS HILL LN WINCHESTER VA 22603-3664 41 - A- 98-D ARMEL RAYMOND E & BETTY ANN 519 HIDDEN VALLEY LN WINCHESTER VA 22603.4021 41 •9- • 6• CLEVENGER WILLIAM L 146 CARLOS CT WINCHESTER VA 22603.4011 41 -9• - 5•- BELFORD TERRY L & SHERYL B 110 POSSUM DRAW PL WINCHESTER VA 22603-4062 R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do he by certify that M k R. Cheran, Zoning & Subdivision Administrator for the Departen of Planning and Development, whose name is signed to the foregoing, dated a q , has personally appeared before me and acknowledged the same in my State 6d tou&y aforesaid. Given under my hand this -- day of My commission expires on BEVERLY H. DELLINGER NOTARY ID # PUBLIC NOTARY PUBLIC ,. COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DULY 31, 2011 NOTARY P IC 1a 0UK0 41 -9- - 3- 0 0 CAMPBELL PATRICK A & ANNA R 518 KATYDID DR WINCHESTER VA 22603.4036 41 - A- -124- MYERS JAMES R MYERS FAYE P 100 MYERSONS OR WINCHESTER VA 22602.4599 41 - A- -125- MCFARLANO JAMES C 124 LITTLE RIVER OR WINCHESTER VA 22602.6215 41 - A- -126- OLD BETHEL UNITED METHODIST CIO RUSTY KNUPP P 0 BOX 70 STEPHENSON VA 22656 41 - A- - 92- MOWBRAY SHAWN & REBECCA 578 OLD BETHEL CHURCH RD WINCHESTER VA 22603-4045 41-A--91- MT BETHEL VIEW UNITED CIO HARRY SIRBAUGH 337 BETHEL GRANGE RD WINCHESTER VA 22603.4007 41 -10- - 9-A AMARI THOMAS AMARI STACIE BISHOP 285 BOGGESS LN WINCHESTER VA 22603.4065 0 P �� �� `� ✓ 7. Adjoining Propel-ty: USE Noiih East , South x West TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print —1-- sets of labels by ZON1N. HANKS! grr45 z q 8. The type of use proposed is (consult with the Planning Dept. before completing) 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 il'necessary.) These people will be notified by mail of this application: NAME / ADDRESS 669 91d PROPERTY ID# e% -,4 -G'3i4 NAMFS4ee'e- 0— /71-cAde-/ ADDRESS dV% /-391 o, r-�,s Lcrr, C- PROPERTY ID# PROPERTY NAMES--Ym�ADDRESS— PROPERTY NAME k m b& ADDRESS PROPERTY ID# 411 IF �f NAME �,c�iar cl 4-�e�,��ra�/ADDRESS n Gc 5%/ act r�� PROPERTY ID#/- • NAME O"5�a-,.11nDnclg-&7Jq �rnef ADDRESS ;5-1 14, c��� i�a1%ey Lrine PROPERTY ID# NAAFI y,-ol�n,'�y ADDRESS PROPERTY ID# -/ pg D NAMI`j17D„-�a� --tea ,'] (,a ADDRESS PROPERTY 1D# dcj G NAMEq�r,C L- M011ADDRESS PROPERTY ID# 541 - A // a ADDRESS / (/G Ca- /cis C� . PROPERTY ID# �I/ - q -(9 `/ NAMT--T^ y� .S'%Z�y f j6PlforJADDRESS /JO PROPERTY ID# Y/ - CI - NAME `%�.�,-,r, %3G l flora✓ ADDRESS PROPERTY ID# / - NAME � r-� ��4- � Q be.i/ ADDRESS S/ k PROPERTY ID#i NAME �a e-S PROPERTY ID# V/ - A - / 0# ,/ NAME PROPERTY ID# Yf -,q -I_c� ADDRESS q qo 734L74/w / ,V� W ADDRESS 1941 L,l� NAME O/� � 172.� r,. �%ry %DDRESS 53& Old PROPERTY ID# Y/- -/ NAME cJ fl,,JbADDRESS 7 S_a'a PROPERTY ID# V/ - ,4 -�C=-�' 't3(27L� I 1/, ,eu-q Uri, � Am LDRUN SURVEY SHEETJULY 15, 2002.o - �� APU RESfRK.iIONS OF RECORD, ,WO PLAT N Wm %020 M23 REBAR FOUND E REBAR t 70 18. OAK SET 41, FOUND o F REBAR LOT 2 S SET 5.000 AC. RIBAR sET R ). D FOUND �� �2 �• REB ND R pQST /REBAR SET REBARPOST f / T 6 �8 FOUND REBAR d`ry EBAR FOUND C / R SET LOT 1 SET CEMETERY REBAR V 10.000 AC. Row 1.000 AC. H SET SET REW SEE DETAIL ,ry^ EXIST. SET FOR R/W ESMT �h 50' R/W B REMAINDER � DE I / 90.158 AC. POST A / STONE v "F�OUSND FOUND POST EXIST. RD. Ljv TO CEMETERY �. �� r DEED OF ESMT POST AND PLAT REBAR INSTR. J020009623 SET 0 R LaR ry K AREA TABULATION '� TFpREp v� R� + EXISTING TOTAL AREA 106.158 AC. SET T L CEMETERY 1.000 AC. �► Q�,� POST TM 41-10-9 105.158 AC. RE G S FOUND REBAR �s M LOT PROPOSED 10.000 AC. SET POST �s LOT 2 5.000 AC. P N REMAINDER 90.158 AC. STONE FOUND v 0 f. r �1 x J ,sz � t Cr~' CONDITIONAL USE "s�:.' - I.. • — � Y.— � � r,�. PUBLIC HEARING, Board Room Frederick county r- Administration Buildin lb NPtj ; tits �, i► �n ` :fie ,. rl ♦� t +�sWFA it t a�, l,',J%•l,,, Yljh .r i.. 1,��7c. t�' '-? dr L`''.,, .>`'' r R1iJ ��►'. •� , , s) �� �"�� 'P ' � Sn 'Yr♦� 1 v�'l,,y.,� ,1����'++j ir;� 4`r'� \a7 ` 4M r \ • 1 .� si" _ "1 ..'4f y..�s.l �.I E, �.1� '' f^ ,� r.�•tD' T't'��'!�"i���fl%►Ir all 4' .. f , i _� rat `1`4. . • , i t r IT, r ♦� :_��� h.'S� Ilk N--^ ;y.�A�A'y.' M�� � :�' ��(''�A �« �F _ 1 � n— t' r' 4 k {, cK Co CONDITIONAL USE PERMIT #05-09 ROGER JENKINS w Staff Report for the Planning Commission. b Prepared: September 9, 2009 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/19/09 Tabled by PC for 45 days 10/07/09 Pending Board of Supervisors: 11/18/09 Pending EXECUTIVE SUMARY: This is a request for a Public Garage without Body Repair. At the Planning Commission meeting of August 19, 2009, a majority of commissioners decided to table this request for 45 days in order to provide time for the residents along Boggess Lane to work out a road maintenance agreement with all of the property owners. Conditions were also amended as a result of conversations staff had with the applicant and property owners, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. The applicant shall apply for and install an approved septic system within three (3) years of the approval date of this Conditional Use Permit. 7. This Conditional Use Permit shall be void and will be revoked if condition #6 is not implemented. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 9. Hours of operation shall be from 8:00 am to 6:00 pm and no repair activities will take place on Sundays. Page 2 Conditional Use Permit #05-09 Roger Jenkins September 9, 2009 10. A 15-mph speed limit sign shall be posted at the entrance to Boggess Lane from Route 608. A "Watch for Children" sign shall be posted on Boggess Lane approximately 500 feet from its entrance from Route 608. 11. Any expansion or change of use shall require a new Conditional Use Permit. 12. A "Private Residence — No Trespassing" sign shall be posted on Boggess Lane. Page 3 Conditional Use Permit #05-09 Roger Jenkins September 9, 2009 LOCATION: This property is located at 190 Boggess Lane. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 41-10-9 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Garage ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Residential/Church Land Use: Residential/Vacant Land Use: Residential/Vacant PROPOSED USE: This application is for a Public Garage without Body Repair. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 608, 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. Fire and Rescue: Plan approval recommended. Inspections Department: Building permit for change of use required. Buildings shall comply with The Virginia Uniform Statewide Building Code and Sections 311, S Storage of the International Building Code/2006 and Special Use Section 406.6. Other Code that applies is ANSI Al17.1-3 Accessible and Usable Buildings and Facilities. Proposed 4800 sq. ft. repair garage shall comply with ANSI Handicap Al17.1-3-03. All required egress shall be handicap accessible. Handicap parking shall be provided. Signage shall comply with USBC 1106.8. Parking at proposed shop area not shown on plans at this time. Restrooms shall be provided and 0 0 Page 4 Conditional Use Permit 405-09 Roger Jenkins September 9, 2009 be connected to an approved disposal system. If floor drain system is provided, a grease/oil separator per the International Plumbing Code. Special inspections requirements of Chapter 17 of IBC shall apply to this type of structure (soils, concrete, steel, etc.). Permit required for fence that exceeds six feet above finished grade. Health Department: The Health Dept. has no objections for the public garage (auto repair) to be utilized as long as the spray irrigation septic system is constructed within the three year time frame and a temporary pump and haul is applied for to be used until the spray irrigation can be utilized within the three year time frame. Please approve with temporary pump and haul for three years after application for pump and haul is approved. All setbacks to existing wells and septics must be met according to Sewage Handling and Disposal Regulations as well as State well regulations. Planning and Zoning: Public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP), provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing structure approximately 4,800 square feet in size, on a 77 acre parcel. This property and the surrounding properties are currently zoned RA and are heavily wooded with natural screening for this proposed use. The nearest buildings or dwellings are more than one -hundred (100) feet from this property. No more than five (5) vehicles awaiting repair are allowed at one time and no employees will be allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. This proposed use will utilize a temporary pump and haul permit approved by the Frederick County Administrator for a period of three (3) years, from the approval date of this Conditional Use Permit. The Health Dept. has no objections for the public garage (auto repair) utilizing the approved pump and haul as long as the spray irrigation septic system is constructed within the three year time frame. Should the applicant not install an approved septic system within the specified time, the CUP will become void and will be revoked. STAFF CONCLUSIONS FOR THE 08/19/09 PLANNING COMMISSION MEETING: This is a request for a Public Garage without Body Repair. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. 0 • Page 5 Conditional Use Permit #05-09 Roger Jenkins September 9, 2009 4. Operation limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. The applicant shall apply for and install an approved septic system within three (3) years of the approval date of this Conditional Use Permit. 7. This Conditional Use Permit shall be void and will be revoked if condition #6 is not implemented. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 9. Hours of operation shall be from 8:00 am to 6:00 pm and no repair activities will take place on Sundays. 10. A 15-mph speed limit sign shall be posted at the entrance to Boggess Lane from Route 608. A "Watch for Children" sign shall be posted on Boggess Lane approximately 500 feet from its entrance from Route 608. 11. Any expansion or change of use shall require a new Conditional Use Permit. 12. A "Private Residence — No Trespassing" sign shall be posted on Boggess Lane. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/19/09 MEETING: The staff reported that a few of the recommended conditions were amended as a result of conversations the staff had with the applicant and adjoining property owners, as follows: Condition #9, Hours of operation shall be from 8:00 a.m to 6:00 p.m. No repair activities will take place on Sundays; Condition #10, A 15-mph speed limit sign shall be posted at the entrance to Boggess Lane from Route 608; Condition #11, A "Watch for Children" sign shall be posted on Boggess Lane approximately 500 feet from its entrance from Route 608; and Condition #12, A "Private Residence -No Trespassing" sign shall be posted on Boggess' Lane. The staff confirmed that Boggess Lane was a private road and no written road maintenance agreement was in effect. The staff noted that public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP), provided all repair work takes place entirely within an enclosed structure. Commission members discussed the proposed business with Mr. Jenkins, the applicant. Mr. Jenkins said he repairs automatic transmissions and he estimated receiving three vehicles per week; he did not anticipate the operation to generate a lot of noise; there would be no fabrication, 0 0 Page 6 Conditional Use Permit #05-09 Roger Jenkins September 9, 2009 welding, or brake machines. When Commissioners asked the applicant if he would be willing to participate in the cost of road maintenance, Mr. Jenkins said that he did not oppose being involved, but he and his wife had not had an opportunity to review the proposed agreement. Mr. Jenkins had no problem with vehicles being dropped off or picked up during normal business hours. Five adjoining and neighboring residents came forward to speak with concerns about the business and/or the use of Boggess Lane for business purposes. They reported that Boggess Lane was a one -lane private road with poor visibility and they had concerns for the safety of their children playing or walking to the school bus stop. They were concerned about increased traffic, strangers driving up their private lane, and general wear and tear on the road from trucks or heavy equipment. Some were opposed to any type of commercial business establishment. Others suggested Mr. Jenkins use his existing easement for his business which would alleviate many of the concerns raised about Boggess Lane or participate in the road maintenance costs through their proposed road maintenance agreement. They spoke about the need for the speed limit and watch children signs and for the conditions to specify the hours of operation. Mrs. Jenkins, wife of the applicant, said they are currently operating this business at their residence at 278 Old Bethel Church Road with an approved CUP. However, they believed the existing newer building, which was constructed for their farm equipment, would be easier for her husband to work in. She added that this will be a one -person garage for her husband to work on transmissions; she said at the most, he could only fix two vehicles per week. Frederick County Attorney, Rod Williams, stated that in terms of the County's consideration of a CUP, conditions may be placed on the permit, legally including a condition regarding a road maintenance agreement for upkeep of a road to particular standards. However, Mr. Williams said the bigger issue for the County comes from the practical side; for example, if the maintenance agreement simply states that a maintenance agreement must be in place, whether it is abided by is out of the hands of the County. He said if the condition in the CUP states that the maintenance agreement must be in place and abided by, the practical problem for the County is that the Commission and the Board of Supervisors would end up being charged with the responsibility of policing its compliance. Mr. Williams said this function is better reserved for the courthouse rather than for the Planning Commission and the Board of Supervisors, as a practical matter. Some Commissioners voiced their opinion that since Mr. and Mrs. Jenkins have an easement to use Boggess Lane, they have as much right to use the road as any of the other residents. They noted that Mr. Jenkins' CUP would probably generate less or an equivalent amount of vehicle trips as an additional residence. Other Commissioners believed Mr. Jenkins should pay his share of road maintenance costs and he should participate in the road maintenance agreement. Commissioners decided to table the CUP request for 45 days in order to provide time for the Page 7 Conditional Use Permit #05-09 Roger Jenkins September 9, 2009 residents along Boggess Lane to work out a road maintenance agreement with all of the property owners. The majority vote on tabling was: YES (TO TABLE): Mohn, Kerr, Triplett, Kriz, Wilmot, Manuel, Ambrogi, Crosen, Unger NO: Madagan, Thomas, Oates (Note: Commissioner Ruckman was absent from the meeting.) Following the public meeting, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Co CONDITIONAL USE PERMIT #05-09 ROGER JENKINS w Staff Report for the Planning Commission w Prepared: July 31, 2009 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 08/19/09 Board of Supervisors: 09/09/09 Action Pending Pending EXECUTIVE SUMARY: This is a request for a Public Garage without Body Repair. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. The applicant shall apply for and install an approved septic system within three (3) years (September 9, 2012) of the approval date of this Conditional Use Permit. 7. This Conditional Use Permit shall be void and will be revoked if condition #6 is not implemented. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 9. Hours of operation shall be from 7:00 am to 7:00 pm. 10. Any expansion or change of use shall require a new Conditional Use Permit. Page 2 Conditional Use Permit #05-09 Roger Jenkins July 31, 2009 LOCATION: This property is located at 190 Boggess Lane. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 41-10-9 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Garage ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Residential/Church Land Use: Residential/Vacant Land Use: Residential/Vacant PROPOSED USE: This application is for a Public Garage without Body Repair. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 608, 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. Fire and Rescue: Plan approval recommended. Inspections Department: Building permit for change of use required. Buildings shall comply with The Virginia Uniform Statewide Building Code and Sections 311, S Storage of the International Building Code/2006 and Special Use Section 406.6. Other Code that applies is ANSI Al17.1-3 Accessible and Usable Buildings and Facilities. Proposed 4800 sq. ft. repair garage shall comply with ANSI Handicap Al17.1-3-03. All required egress shall be handicap accessible. Handicap parking shall be provided. Signage shall comply with USBC 1106.8. Parking at proposed shop area not shown on plans at this time. Restrooms shall be provided and 0 0 Page 3 Conditional Use Permit 405-09 Roger Jenkins July 31, 2009 be connected to an approved disposal system. If floor drain system is provided, a grease/oil separator per the International Plumbing Code. Special inspections requirements of Chapter 17 of IBC shall apply to this type of structure (soils, concrete, steel, etc.). Permit required for fence that exceeds six feet above finished grade. Health Department: The Health Dept. has no objections for the public garage (auto repair) to be utilized as long as the spray irrigation septic system is constructed within the three year time frame and a temporary pump and haul is applied for to be used until the spray irrigation can be utilized within the three year time frame. Please approve with temporary pump and haul for three years after application for pump and haul is approved. All setbacks to existing wells and septics must be met according to Sewage Handling and Disposal Regulations as well as State well regulations. Planning and Zoning: Public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP), provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing structure approximately 4,800 square feet in size, on a 77 acre parcel. This property and the surrounding properties are currently zoned RA and are heavily wooded with natural screening for this proposed use. The nearest buildings or dwellings are more than one -hundred (100) feet from this property. No more than five (5) vehicles awaiting repair are allowed at one time and no employees will be allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. This proposed use will utilize a temporary pump and haul permit approved by the Frederick County Administrator for a period of three (3) years, from the approval date of this Conditional Use Permit. The Health Dept. has no objections for the public garage (auto repair) utilizing the approved pump and haul as long as the spray irrigation septic system is constructed within the three year time frame. Should the applicant not install an approved septic system within the specified time, the CUP will become void and will be revoked. STAFF CONCLUSIONS FOR THE 08/19/09 PLANNING COMMISSION MEETING: This is a request for a Public Garage without Body Repair. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. Page 4 Conditional Use Permit #05-09 Roger Jenkins July 31, 2009 4. Operation limited to the applicant; no employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. The applicant shall apply for and install an approved septic system within three (3) years (September 9, 2012) of the approval date of this Conditional Use Permit. 7. This Conditional Use Permit shall be void and will be revoked if condition #6 is not implemented. 8. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height. 9. Hours of operation shall be 7:00 am to 7:00 pm. 10. Any expansion or change of use shall require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. August 15, 2009 To Whom It May Concern, We concur with the concerns expressed by Mr. and Mrs. Thomas Amari. We would like to also state that the Jenkins' plans are not in the best interest of the community as a whole. We live in an amazing rural area and we should all strive to be good stewards of the land. We have lived in many different areas and visited many other places. Frederick County, Virginia is one of the most beautiful areas we have ever seen but it is in danger of losing the character that makes it so special. The land that the Jenkins own has a historic graveyard on it that is meaningful to all in the community since some of the original settlers of our county are buried there. We agree that allowing a public garage in this area would be deleterious to the entire community and alter the land in a destructive, negative fashion which will be very difficult, if not impossible, to reverse for future generations. Sincerely, Al ,1,1, zalC.av� S/a�rah McLellan, M.D. at-Z"( c r �/ -- David McLellan, M.D. L�5 4 "U p I e- K . W ncJn�sfe�r V A- a-'AtO3 • COMMENTS My name is Dian Michael. My husband, Steve and I purchased 10.61 acres in 1994. Covenants for our subdivision do not allow businesses. Also a road agreement was recorded when we purchased this property that states Boggess Lane from the commencement point at Rt 608 to the end of Parcel 8A (which is where Boggess Lane dead ends) was to serve Parcels 8A thru 8D inclusive and maintenance shared by those lot owners. At that time, the land Mr. and Mrs. Jenkins now own was wooded with open fields and no buildings. This property was not addressed in the recorded Boggess Lane road agreement and at that time this property was accessed for farming using the entrance to the fields next to Old Bethel Church. So I hope you can appreciate our concern in regard to the public accessing Boggess Lane as well as our peace, enjoyment and safety for our children that we expected to have on our private road. Speaking for all the residents living on Boggess Lane — it is our expressed desire that Mr. Jenkins be required to use his easement road for his public garage business — alleviating all the issues of Boggess Lane being used for the public. ***************************************************************** NEVERTHELESS, if this conditional use permit goes forward as it is, we would like to address the following: 1. We are in the process of getting a road maintenance agreement established with all lot owners accessing Boggess Lane and we ask that the approval of this permit BE TABLED UNTIL WE HAVE ENTERED INTO THIS AGREEMENT. Please see the copy of the draft and pictures of the current road condition. 2. For the safety of our children and the fact that two vehicles cannot pass on this private road without going off the asphalt, we also ask that an aluminum 15 MPH speed limit sign be installed by conditional use permit applicant within 40' of entering Boggess Lane from Rt. 608, to be installed on the right hand side of Boggess Lane and be installed and maintained by the permit applicant. See sample sign. 3. We also ask that after entering Boggess Lane, the applicant place an aluminum sign labeled Watch For Children approximately 500' from the entrance to Boggess Lane on the right hand side of road — being installed and maintained by the applicant. See sample sign. 4. We again ask that the conditional use permit require Hours and Days of Operation Listed. All the landowners on Boggess Lane would ask that the hours of operation be 8 am to 6 pm because of the morning school bus schedule and safety of our children. We respectfully ask that the applicant definitely not be allowed to perform business on SUNDAY. 0 DRAFT Boggess Lane Private R/W Road Maintenance Agreement This agreement is made this day of , 2009 by the following described properties and current owners hereto and their successors and assigns with respect to Boggess Lane ingress & egress right of way from Rt. 608 to the entrance of property described on Map #41 10 9 as recorded in the real estate records in County of Frederick, Virginia: o Map # 41 10 8A Scott W. & Pamela S. Deeter 11.93 ac o Map # 41 10 8B Thomas & Stacie Bishop Amari 5.66 ac o Map # 41 10 8C Thomas & Stacie Bishop Amari 7.02 ac o Map # 41 10 8D Dian & Steve Michael 10.61 ac o Map # 41 109 Roger L & Nancy S Jenkins 77.99 ac o Map # 41 10 9A Thomas & Stacie Bishop Amari 5.00 ac o Map # 41 10 9B Roger L & Nancy S Jenkins 5.00 ac o Map # 41 10 9C Roger L & Nancy S Jenkins 5.17 ac o Map # 41 10 9D Roger L & Nancy S Jenkins 5.00 ac o Map # 41 10 9E Thomas & Stacie Bishop Amari 5.00 ac Whereas, each party hereto on behalf of himself or herself, and respective heirs, successors or assigns, wishes to contract for perpetual maintenance of the private right of way entrance road from Old Bethel Church Road -Route 608 known as Boggess Lane to the entrance of the first lot on the east side of Boggess Lane described on Map #41 10 9. Each current owner and subsequent owners who hold title to the above lots agree to pay a $200.00 fee per year for each separate lot owned by them to "Boggess Lane Right of Way Road Agreement". Said fees will be kept in an interest bearing account and used for the upkeep, maintenance and repair of existing road which includes mowing and snow removal. This fee will be due and payable on or before September 15th of each year. This fee can be changed by vote of lot owners. If further sub -division of any of the above lots occurs, each new lot owner will also need to agree to enter into this said road maintenance agreement and pay the yearly fee accordingly. No less than annually or whenever necessary, all lot owners will be notified to meet, discuss and make decisions on the road maintenance. Each lot shall represent one (1) indivisible vote. For purposes of any meeting, a quorum shall consist of one-half (1/2) the Lots being present and voting. Disbursement checks to vendors from these fees will require the signature of two lot owners and can change from year to year. It is further understood and agreed that if the owner of any said lot above damages or disturbs the surface of the Boggess Lane Right of Way Road other than normal automobile and service ingress and egress, then he/she shall be responsible to immediately restore the road surface to as nearly as possible the condition in which it existed prior to being disturbed. In the event a lot owner does not pay his/hers year fee 30 days after the due date or the lot owner responsible for damage to the roadway does not immediately correct the damage, then the remaining lot owners shall be entitled to claim a lien against the non-paying or non -performing lot owner and to bring suit for such costs incurred thereby. This agreement shall be recorded among the land records in the County Clerk's office of Frederick County, Virginia. In Witness Whereof, the undersigned have executed the above Agreement: (signatures on following pages) 11 DRAFT Scott W. Deeter Pamela S. Deeter State of Virginia County of Frederick The foregoing Road Maintenance Agreement signed by Scott W. Deeter and Pamela S. Deeter was acknowledged before me on , 2009 by Notary Signature Print Name Registration Number My Commission Expires Thomas Amari Stacie Bishop Amari DRAFT State of Virginia County of Frederick The foregoing Road Maintenance Agreement signed by Thomas Amari and Stacie Bishop Amari was acknowledged before me on , 2009 by Notary Signature Print Name Registration Number My Commission Expires Steve E Michael Dian M Michael State of Virginia County of Frederick The foregoing Road Maintenance Agreement signed by Steve E Michael and Dian M Michael was acknowledged before me on , 2009 by Notary Signature Print Name Registration Number My Commission Expires 0 A9 j D lk MAI 21 Roger L Jenkins Nancy S Jenkins State of Virginia County of Frederick The foregoing Road Maintenance Agreement signed by Roger L and Nancy S Jenkins was acknowledged before me on , 2009 by Notary Signature Print Name Registration Number My Commission Expires Large Speed Limit Sign - 15 - ' n-reflective - SN R2115 - PBPl.com • Page 1 of 1 VIEW CART (O ITEMS) I TOTAL $0 r � S' r_,tr rJ�+rQUICK BUY CUSTOMER SERVICE MY ACCOUNT HECK our Search HOME > SIGNS > PARKING SIGNS , STOCK PARKING SIGNS % SPEED LIMIT SNR2115 Search by Description or Product Number Product Categories Apartment Marketing Banners Door Tags Forms • Maintenance • Office Forms • Rent Collection • Rental Forms Grounds Control Maintenance Management Tools Parking • Lot Supplies • Permits • Signs • Violations Pet Control Pool Products Rent Collection Resident Retention Signs Site Map Large Speed Limit Sign - 15 - Non -reflective SPEED LIMIT 151 SNR2115 24" Watch For Children Signs - USA Traffic Signs Highly Visible Traffic Signs Protect Pedestrians and Drivers Keep Your Roadways Safe STOCK ALUMINUM SIGN - NON -REFLECTIVE Quality Non -Reflective signs are economically priced • Long-lasting, rustproof .o8o" aluminum • Shop our wide selection of quality sign posts and stanchions • 18" x 24" • FREE Same -Day Shipping I •Ifigla 6.9 Asaorled: 5% Discount 10-29 Aswrted: 10% Discount 30.49 A-orled: 1 s% Diuount 50.69 Aswrled: 20% Discount 70-99 A%wrted: 251%, Di.awnt Please select a type of sign: SEARCH: Page 1 of 2 GO Categories Home > Road Signs > Warning Signs 24"x24" Watch For Children ^1 Our Price: $49.65 Sale Price: $45.00 ADA Braille You Save $4.65! construction WATCH Days Custom Signs Availability: Usually Shipsin 1 to 2 Business Flag Decals FOR product Code: WCHIl.D24 Handicap Decals CHILDREN %�_, .... .. Handicap signs Engineer Grade Handicap Stickers \ / Reflectivity: Highway Signs Qty: 1 add LO Cart Add to Wish Lis: No Parking Signs n - — Parking Signs Post Reflectors Restriction Description Technical Specs Watch for Children warning sign. Road Signs 24" x 24" Engineer grade or high intensity reflective aluminum sign. Roll Up 8 Mesh Features Safety Signs • Size: 24" Diamond Shape School Signs • Rust free .080 aluminum • Reflective lettering Sign Blanks • Reflective background Sign Brackets • Holes centered top/bottom • Buy S or more and get a discount Sign Hardware • Engineer grade is rated for 7 years • High intensity is rated for 10 years Sign Posts • Fade resistant • MUTCD #: N/A Sign Stands Sneed Limit REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Departuient 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 ill Winchester if you prefer to hand deliver this form. ApplicXt's name, ad�ss and phone number Name ofAevelopment 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 NINE enTrInce ,r .�- • •- �•• .•-• • �ii • •. • �•• • •�� • UPPU[tU11ity • LU111111tilt. VDOT Signature and .Date: �L— /1) 27 0� (NOTICE TO RESIDENT ENGINEIyf *1'1( Asr RET l� THIS CORM TO APPL C NT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the abency with their review. Also, please attach two (2) copies of your application form. location map and all other pertinent information. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540)722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand deliver this form. Na7a of development and/or description of the request: uhI$ Cr 6� rkG,r_ - 4c-1-0 ro c, Location: Health Department Comments: y/- I`� - I // 1 u ` -ze z a 19;A a S 1 ^ v 5 /C S o✓2 le. ✓Signature and -7 '_2_r, (NOTICE TO HEALTH D T*PLEASE RETURN M T6 APPLICANT.) NOTICE TO APPLICANT s It is your responsibility to complete this form as accurately to y a possible in order to assist the AS W„Ul f agency with their review. Also, please attach two (2) copies of your application form, locat on map and all other pertinent information. Control number CUPOB-0011 Project Name Public Garage -Repair Address 278 Old Bethel Church Rd. 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 Date received 10/9/2008 C ity Winchester Tax ID Number 41-10-9 Date reviewed 10/15/2008 Applicant Roger Jenkins State Zip VA 22603 Fire District 15 Recommendations Automatic Fire Alarm System No Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-667-9656 Rescue District 15 Election District Gainesboro Residential Sprinkler System No Fire Lane Required No Special Hazards No Plan Approval Recommended Reviewed By Signature ,•/n', Yes J. Neal Title i . rAJ 1] REQUEST FOR CONDITIONAL USE PI':RMIT COMMENTS Frederick County Inspections Department Atha: 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. Applicaigs name, address and phone number: Name of developmentand/or description of the request: & big 1✓ [s�4.�a4 e. - a-c�i- Location: C'D Inspections Departmv� Comment: Code Administrator Signature & Date: X4 /i (NOTICE TO INSPECTIONS DEPT*PLEASE RETURN THIS FORM 1 APPLTCANT.) 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 firm, �;on map and all other pertinent infontlation. )m611 t✓UBu� '�0 Buildings shall comply with The Virginia Uniform Statewide Building Code and Sections 311, S Storage) of the International Building Code/2006 and Special Use Section 406.6. Other Code that applies is ANSI A117.1-3 Accessible and Usable Buildings and Facilities. Proposed 4800 sq ft repair garage shall comply with ANSI Handicap Al 17.1-3-03. All required egress shall be handicap accessible. Handicap parking shall be provided. Signage shall comply with USBC 1106.8. Parking at proposed shop area not shown on plans at this time. Restrooms shall be provided and be connected to an approved disposal system If floor drain system is provided, a grease/oil separator per the International Plumbing code. Special inspection requirements of Chapter 17 of IBC shall apply to this type of structure. (soils, concrete, steel etc.) Permit required for fence that exceed 6' above finished grade. Preaerick County rage "i of i ' } Frederick County, Virginia j _ s C. William Orndoff, Jr., Treasurer e-mail "Bill" Orndoff e-Treasurer Payment Options Payment Help Inquiry Options Inquiry Help —~Inquiry Options Real Estate Tax Personal Property Real Estate Paid Pers. Prop. Paid Return e-Treasurer Home e-Commissioner Home Frederick County Home Real Estate Public Inquiry Results for Name - JENKINS ROGER L & NANCY S Dept Ticket# Seq# Account# Due Date flame Description Bala: Details ViewBill RE2007 17794 1 32740 6/5/2007 JENKINS ROGER L & NANCY S BETHEL L9 $0. Details ViewBill RE2007 17794 2 32740 12/5/2007 JENKINS ROGER L & NANCY S BETHEL L9 $0. Details ViewBill RE2008 18289 1 32740 6/5/2008 JENKINS ROGER L & NANCY S BETHEL L9 $0. Details ViewBill RE2008 18289 2 32740 12/5/2008 JENKINS ROGER L & NANCY S BETHEL L9 $0. Details ViewBill RE2009 18608 1 32740 6/5/2009 JENKINS ROGER L & NANCY S BETHEL L9 $0. Details RE2009 18608 2 32740 12/6/2009 JENKINS ROGER L & NANCY S BETHEL L9 $190. I o: Show Description Show Map# Total Due $190.E Note that if payment has been received within the last 10 business days, any returned items Previous may not be posted at this time. Please check the website again. ! PM►, l https://taxes.co. frederick.va.us/Applications/TRApps/REIindex.htm 7/21 /2009