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HomeMy WebLinkAbout09-01 Alkire's General Store - Gainesboro - BackfileCUP TRACKING SHEET (To be completed by Frederick Co. Staff only.) CUP Owner/Applicant ,� l �r�e_�GEv\f_rok L Application Date rr- o 1 Fee Paid yes initials: KU Sign Deposit yes Sign return date: Submittal Cut -Off Date K'` 5L 0/ P / C Mtg . date: / - G - 0 1 - BOS Mtg . date: ' S AGENCY REVIEW COMMENTS VDOT_ Airport Authority ,i Inspections '� City of Winchester Fire Marshal �'� Co Sanitation Authority j Health Dept. PLANNING COMMISSION RECOMMENDATIONS OF 9.Z 0r (date) APPROVAL (WITH CONDITIONS) V yes no DENIAL Sign • ,Secretary Date 3 -Ot BOARD OF SUPERVISORS PUBLIC HEARING APPROVAL )igned ION aDENIAL Date 1,?'- 17 - 0 1 dat&) 7 • Co ty9A=. Date: t� File opened NOTES ,/ Reference Manual updated/number assigned -j / D-base updated One black & white location map (81/2' x 1 1 ") requested from Mapping Dept. / Four sets of labels requested from Data Processing 3 File given to Renee' to update Application Action Summary Z Notification letters sent to Planning Commissioners & BOS Representative CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied or "withdrawn" Reference Manual updated D-base updated File given to Renee' for final update to Application Action Summary U.\Carol\Common\CUP TRK Revised 4/ 12/01 CASH RECEIPT Date ' ©02243 ,i `� ` Received From es AddressrA _� _� r Ed GGGG y� ^ '.,i♦• For-, .._�_ ,t ,,r AMT. OF ACCOUNT nnC) CASH W AMT. PAID CHECK' - BALANCE DUE _ MONEY ORDER BY - r • �'" i '—;--- COUNTY of FREDERICK Department of Planning and Development 540/665-5651 rAx: 540/ 665-6395 1 I J7IrIC'MIUNI Jr PUBLIC. HEARING June 18, 2001 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: CONDITIONAL" USE PERMIT #09-01, ALKIRE'S GENERAL STORE On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Monday, July 2, 2001 at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Conditional Use Permit #09-01 of Alkire's General Store, submitted by Martin Niessner, Jr. to add restaurant space to an existing general store. This property is located at 9263 North Frederick Pike and is identified with Property Identification Number 06-A-77 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Patrick T. Davenport Zoning Administrator PTD/ch 0: Agendm\Adjoiners\200I\AIkires.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 . bq -m This is to certify that the attached correspondence was mailed to the following on W /,(, ZQQ/ from the Department of Planning and Development, Frederick Co , Virginia: 06 -7- - 5-A COMMONWEALTH OF VIRGINIA PO BOX 2249 06 - 1- - A- STAUNTON, VA 24402.2249 CROSEN, MONTANA & ALMA 9291 N FREDERICK PIKE 06 - 7- - 4- CROSS JUNCTION, VA. 22625-1829 SIMMERS, EDWARD A SR & ALLYSON A 161 SHERWOOD PINES LN 06 7 5 SHERMAN, BRIAN L CROSS JUNCTION, VA 22625.1662 121 REYNOLDS RD CROSS JUNCTION, VA 22625 06 - A- - 75.1 HOLTZMAN FAMILY LIMITED PR #I, THE & SUE YOST PO BOX 8 MOUNT JACKSON, VA 22842.0008 06 - A. - 77- � 1 S D ALKIRE, ROBERT E. & CARMEN E. 9263 N FREDERICK PIKE y CROSS JUNCTION, VA 22625-1804 06 - A- - 75-C CROSEN, ROGER L & CAROL 0 271 SPRING VALLEY DR WINCHESTER,VA 22603.2951 STATE OF VIRGINIA COUNTY OF FREDERICK G�� I Patrick T. Davenport, Zoning Administrator Frederick County Planning Department I, T, UI N "I l U0 I I , a Notary Public in and for the State and County aforesaid, do hereby certify that Patrick T. Davenport, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated 7 , has personally appeared before me and acknowledged the same in my State anted=Cooou-nnty aforesaid. Given under my hand this day of My commission expires on e-b aCO ARY PUBLIC 8. The type of use proposed is (con before completing) -Mc. C cCAA;' TO: Barbara in Data Processing FROM: Planning QMrtment Please print of labels by: — ¢ -(J/ THANK YOU!! GSt,5 ----e�c - 9. It is proposed t�haat the following buildings will be constructed: Az 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: AME ADDRESS 0—rc6S VA PROPERTY ID# 6'6 C000 1 LWQ0 A r AME M � � G�; a ADDRESS W ,�el'e s� es , QA Z z6a 1 o6-7-5_ PROPERTY ID# 06 ©CCOW00 O -5�D (+ NAME S�v� 5-�' P� ADDRESS ZZSfL1Z PROPERTY ID# D G�QC�D14 �DGY� 7ri� NAME ADDRESS PROPERTY ID#06= — r7 �d� NAME 141A'ir f%rah-,- L r Cae*rA ADDRESS 7243 /V- ` �• P�IGe, Classy �" PROPERTY ID# 06-A `75D NAME C,.OsSen . Ag er L W,6eOADDRESS 271 S&)nq Volley &. nch. PROPERTY ID# 06-A - 7S C NAME Crozef?I /nod"a f AIm9 - ADDRESS 7271 k, FrCW / % /'.0 `YOV U. NAME 6a%1' MC'xW`eC6Hh G1 V4, ADDRESS / �,(' 5/efW* do (/A PROPERTY ID# o6 r 7 _ J /-7 - Sr ��� on � 16/ S/%rt+�.�� Pis LA. lV�l'I'JE siMM,1s, L�r�i� Od A f A cuss 06-7- 4 • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 PI itIFICAVI JAI OF PUBLIC HEARING July 25, 2001 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS RE: CONDITIONAL USE PERMIT #09-01, ALKIRE'S GENERAL STORE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 8, 2001 at 7:15 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Conditional Use Permit #09-01 of Alkire's General Store, submitted by Martin Niessner, Jr. to add restaurant space to an existing general store. This property is located at 9263 North Frederick Pike and is identified with Property Identification Number 06-A-77 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library approximately one week prior to.the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, /19" - �ZC4 Patrick T. Davenport Zoning Administrator PTD/ch O: \Agendas\Adj oiners\2001 \Alkires. wpd 107 North Kent Street • Winchester, Virginia 22601-5000 0 This_ is to certify that the attached correspondence was mailed to the following on S la l U 025, a co S from the Department of Planning and Development, Frederick County,Virginia! - - - - - - - - ---- 06 -7- - 5-A 06 - 1- - A- COMMONWEALTH OF VIRGINIA CROSEN, MONTANA & ALMA PO BOX 2249 9291 N FREDERICK PIKE STAUNTON, VA 24402.2249 CROSS JUNCTION, VA. 22625.1829 06 -7- - 4- 06 -7- - 5- SIMMERS, EDWARD A SR & ALLYSON A SHERMAN, BRIAN L 161 SHERWOOD PINES LN 121 REYNOLDS RD CROSS JUNCTION, VA 22625 06 - A- 75-I- HOLTZMAN FAMILY LIMITED PR #I, THE & SUE YOST PO BOX 8 MOUNT JACKSON, VA 22842.0008 06 - A. - 77- � 76P ALKIRE, ROBERT E. & CARMEN E. 9263 N FREDERICK PIKE CROSS JUNCTION, VA 22625.1804 06 - A- - 75-C CROSEN, ROGER L & CAROL 0 271 SPRING VALLEY DR WINCHESTER, VA 22603.2951 STATE OF VIRGINIA COUNTY OF FREDERICK CROSS JUNCTION, VA 22625.1662 Patrick T. Davenport, Zoning Administrator Frederick County Planning Department I, y`1 n nc-A i i , a Notary Public in and for the State and County aforesaid, do hereby certify that Patrick T. Davenport, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated I - dF3. o f , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under m hand this y �day of Jul q . awl My commission expires on �CJ�D ARY PUBLIC 0 0 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 17, 2001 Mr. Martin Niessner, Jr. 2086 Morgan Frederick Grade Cross Junction, VA 22625 RE: CUP #09-01 OF ALKIItE'S GENERAL STORE Property Identification Number 06-A-77 Dear Mr. Niessner: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on August 8, 2001. Your request, Conditional Use Permit #09-01 to add restaurant space to an existing general store, was approved with the following conditions: 1) All review agency comments and requirements must be complied with at all times. 2) A site plan shall be approved by Frederick County and all site improvements completed prior to the use of this property as a restaurant. 3) Appropriate parking and maneuvering areas shall meet the requirement of Section 165-27 of the Frederick County Zoning Ordinance. Parking and maneuvering areas shall be improved to contain asphalt, striping and concrete wheel stops. 4) The sewage disposal and water supply system must meet all applicable Health Department regulations. Modifications to these systems (if necessary) must be completed prior to the use of this property as a restaurant. 5) Any change of use or modification will require a new CUP application. If you have any questions regarding this action, please feel free to call this office. Sincerely, ��J. -r6 Patrick T. Davenport Zoning Administrator PTD/ch cc: Sid Reyes, Gainesboro District Supervisor Jane Anderson, Real Estate WASendasWPPR DEN.LTR\CUP's\2001WIkire's.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 0 PC REVIEW: 07/02/01 BOS REVIEW: 08/08/01 CONDITIONAL USE PERMIT #09-01 ALKIRE'S GENERAL STORE (Martin Niessner, Jr.) LOCATION: This property is located at 9263 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 06-A-77 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Alkire's General Store ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and B2 (Business General) District; Land Use: Residential and Commercial PROPOSED USE: Add restaurant space to existing general store. (See attached "Additional Comments Attached Page"from the applicant.) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The existing northernmost entrance does not meet VDOT minimum standards for egress. Minimum sight distance is not obtainable at this entrance. However, VDOT may support access from Rt. 694 as proposed in your current site plan presently under review. Fire Marshal: "Fire Lane No Parking" signs and markings required at all means of ingress and egress. Portable fire extinguishers are recommended. Requirements of Virginia Statewide Fire Prevention Code, Chapter 3 copy provided). Plan approval is recommended. Inspections Department: Renovation shall comply with The Virginia Uniform Statewide Building Code and Section 303, Use Group A (Assembly), of The BOCA National Building Code/1996. Note section 1110.2.1, exception #1(ADA 20% rule for renovations) of BOCA. Permit shall be applied for the change of use of the area. The floor plan submitted for permit 0 0 Alkire's General Store, CUP #09-01 Page 2 July 26, 2001 application shall be sealed by a licensed Virginia Architect/Engineer. Please note Section 110.1.3 of The VUSBC for the requirements of asbestos inspection prior to renovations. Health Department: See attached memo dated June 5, 2001. Planning and Zoning: The existing Alkire's General Store is a legally non -conforming use. The application for the Conditional Use Permit (CUP) is to add a restaurant function within the existing building. No exterior alterations to the building are being proposed. Approximately half of the existing store is being proposed to be converted into a restaurant which would contain six tables with 24 seats. Chapter 165-140 Section C of the Frederick County Zoning Ordinance states that "A non -conforming structure or use may be expanded or modified only if such expansion or modification will not result in an increase in the degree of nonconformity." It is the opinion of staff that the proposed modification increases the degree of nonconformity; therefore, a CUP is required to establish this use. An adjacent property, Zoned B2 (Business General) contains a gasoline service station with retail food and drinks service, and six tables to accommodate a restaurant serving pizza and sandwiches. An inspection of the property revealed that the parking area is not delineated by striping or wheel stops. For the proposed restaurant space of 1,040 square feet, the Zoning Ordinance requires that 11 spaces are to be provided (one space per 100 sq. ft. area). The remaining retail portion of the store containing approximately 1,470 square feet requires eight additional spaces (one space per 200 sq. ft. of area). Two parking spaces can be allowed at either side of the two-sided fuel pump. The total parking spaces required for the proposed end use would be 19. The parking area does not appear to be adequate for the proposed 24-seat restaurant addition, nor do adequate travel aisles exist on -site. Two of the review agencies have indicated some concerns with this CUP application. The Department of Transportation comment revealed that the northernmost entrance does not meet minimum standards for sight distance due to topography. VDOT has indicated their preference to use Route 694 (Cumberland Trail Road) for egress from the site. The Health Department provided an evaluation for a sewage disposal system which may accommodate fewer seats than what is being proposed in the restaurant. Also, the Health Department has indicated that the current existing sewage disposal system has not been evaluated and that a public water supply may be required. STAFF CONCLUSIONS FOR THE 07-02-01 PLANNING COMMISSION MEETING: The proposed addition of a restaurant facility within the existing Alkire's General Store would not be a detriment to the surrounding properties or the character of the district. Staff is of the opinion that currently, the application for this CUP has not adequately addressed the requirements to attain approval. The proposed addition of a restaurant, facility within the 0 0 Alkire's General Store, CUP #09-01 Page 3 July 26, 2001 existing Alkire's General Store has several issues summarized above which should be addressed before the CUP application is approved. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: 1) All review agency comments and requirements must be complied with at all times. 2) A site plan shall be approved by Frederick County and all site improvements completed prior to the use of this property as a restaurant. 3) Appropriate parking and maneuvering areas shall meet the requirement of Section 165-27 of the Frederick County Zoning Ordinance. Parking and maneuvering areas shall be improved to contain asphalt, striping and concrete wheel stops. 4) The sewage disposal and water supply system must meet all applicable Health Department regulations. Modifications to these systems (if necessary) must be completed prior to the use of this property as a restaurant. 5) Any change of use or modification will require a new CUP application. PLANNING COMMISSION SUMMARY & ACTION OF 07/02/01 MEETING: Commission members had various questions regarding the appropriateness of having two uses on a site with one being a non -conforming use and one being a conditional use. There were questions regarding the logistics of expanding one or the other use and how it would be handled. There were also questions regarding the uncertainty of comments received by the Health Department. The Staff pointed out that recommended Conditions #2 and #4 would require a review and approval by the Health Department before utilization of the restaurant facility. There were no public comments. The Planning Commission had no outstanding concerns with the proposal and believed the proposed addition of a restaurant facility within the existing Alkire's General Store would not be a detriment to the surrounding properties or the character of the district. Commissioners also believed that the conditions placed on the CUP were comprehensive enough to take care of any potential concerns by the reviewing agencies. The Commission unanimously recommended approval with the same conditions recommended by the staff, as follows: r: Alkire's General Store, CUP #09-01 Page 4 July 26, 2001 1) All review agency comments and requirements must be complied with at all times. 2) A site plan shall be approved by Frederick County and all site improvements completed prior to the use of this property as a restaurant. 3) Appropriate parking and maneuvering areas shall meet the requirement of Section 165-27 of the Frederick County Zoning Ordinance. Parking and maneuvering areas shall be improved to contain asphalt, striping and concrete wheel stops. 4) The sewage disposal and water supply system must meet all applicable Health Department regulations. Modifications to these systems (if necessary) must be completed prior to the use of this property as a restaurant. 5) Any change of use or modification will require a new CUP application. (Note: Mr. Ours, Mr. Triplett, Mr. Wilson, and Mr. Unger were absent from the meeting.) 0:\Agendas\COMMENTS\CUP's\2001\Alki res.wpd SIMMERS 06 7 4 -0 N r 06 1 B - CROSEN 06 1 A d, SHERMAN 06 7 5 �e ALKI RE ALM 06 A 75D 06 A 77 CROSEN 06 A 75C Cumberland Trail Rd HOLTZMAN FAMILY06 T HAMI LTON A 751 06 61 1 S YOST 06 A 75H CUP#09-01 Location Map For: Martin Niessner Jr. (Alldre's General Store) PIN: 06-A-77 R Office of Mapping and GIS, 06/01, Agray i00 Environmental'Lord Fairfix Healut *District 107 N. Dent St. P. O. Box 2056 Winchester, Virginia 22604 } f (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester To: Marty Niessner From: Doug Dailey, Frederick -Winchester Health Department Through: Steve Lee, Environmental Health Supervisor Date: June 5, 2001 Subject: Request for Conditional Use Permit Comments Alkires Store; Tax Map # 6-A-77 A site for a sewage disposal system has been located by this office on or partly on parcel 6-A-75D. The site will accommodate a water use of 2036 gallons per day using a low pressure system and a low pressure shallow placed reserve area. Appropriate pretreatment (to secondary standards) and a certified wastewater treatment operator must be provided for the above specified water use, but those requirements may be avoided if a reserve area of 100% is provided and a certified engineer determines through a wastewater characterization analysis that the effluent will meet "septic tank effluent" standards as defined in the Sewage Handling and Disposal Regulations (page 6 of 87). The water use noted above will not accommodate Mr. Niessner's proposal for 24 restaurant seats since the regulations require 100 gallons per day per restaurant seat. In addition water use for employees (25 gpd each) and convenience store patrons @ 10 gallons per vehicle must also be provided. The system must be designed as a mass sewage disposal system as per current regulations and policies by a certified professional engineer licensed to practice in Virginia. According to Mr. Neissner, an existing sewage disposal system now serves the existing store. This system may not be approved for use by this office unless a permit and record of inspection for the system is submitted, or if the construction and soils adjacent to the system meet the requirements of the current regulations. A public water supply may be required. CONDITIONAL USE PERMIT #09-01 Submittal Deadline P/C Meeting -QJ BOS Meeting -9'- Q / APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the, owner other) NAME: e a ADDRESS: 0-r-!R C.°►� �t�� �' � � Ci� � ► C? y C �tt��S TELEPHONE 3 6 VQ 2. Please list all owners, occupants; or parties in interest of the property: Boer Gt�c�l v�-�f? ►., I t` n 3. The property is located at: (please give exact directions and include the route number of your road or street) 4. The property has a road frontage of L4 3® feet and a depth of 134�0 feet and consists of acres. (Please be exact) 5. The property is owned by PAe-44 Cr c-� 0-ca-van. E. 41k,reas evidenced by deed from j�rj�„ ���� ly►,a _,ems recorded (previous owner) in deed book no. — on page �, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14-Digit Property Identification No. 66000A0C)0000 7`1 Magisterial District G vL CJ%-p Current Zoning ®v"L C fayncA us e- 7. Adjoining Property:USE ZONING ®C j� North CD P,Q lrlGCEIVE�-�` East iRr, o -� 2_2 SouthL© e�; } 8 zaQ� West ; --ab R Ar DEPT. OF PLANNINGIDEVELOPMENT 8. The type of use proposed is (consult with the Planning Dept. before completing)-VJ,,,, cLo6� ; A-a`aa o 4- c,,,, � 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: �� " ��� �� . ADDRESS VA 22,625' PROPERTY ID# (O4- Coco I L'tC'ce6 A © ,/ AME dtl� c. ,, g-Ar ADDRESS PROPERTY ID# NAMEADDRESS v`. PROPERTY NAME ADDRESS r� r7 PROPERTY ID# 1 . NAME r ADDRESS PROPERTY ID# o6-A .`?S,n. 7243 A/ � . P►1X 'ADDRESS_ 2'71 SprM, Voll-ey or. iA ,A PROPERTY ID# OiC-A " �S C NAME to �' ��� fizlnct : %�j ADDRESS PROPERTY ID# .Gb 1 r NAME (.. � 8 �5� a11A d M ADDRESS PROPERTY ID# o,_VAME 100 BOX 47 �-Ikfi-plan 114 PII,-V - 7- 00 12. Additional comments, if any: :iI;!, 512110 (a()11r)Q---A •a `(-ems , a: % s cq Li v-, G o y \ A-c) "c,L) Q tCA I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. 5-'t0.-V`17 - -3 1-1 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 0 0 EXISTING STORE LAYOUT 1�- ------ -----------------era----- THIS ENTIRE BUILDING IS EXISTING. WE WOULD LIKE TO TRANSFORM A PORTION OF THE, STORE INTO AN AREA WHERE PEOPLE CAN SIT AND EAT AND A FOOD PREPARATION AREA. • t- - - 67' 9 PROPOSED USE AS SUBMITTED BY MARTY NIESSNER FOR ALKIRES GENERAL STORE paed BOOK ,H3(s I P4.1m rat Ta r. - " A -1-7 Page 1 of 2 • file://Q:\Patrick\Alkiers G S 5.jpg 6/20/2001 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: w40/665.6395 MEMORANDUM `I'O: Finance Department j' FROM: Karen A. Cain, Receptionist/Office Assistant II '* SUBJECT: Return Of Sign Deposit DATE: September 24, 2001 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the person named below as a deposit for a sign for the Conditional Use Permit #09-01 for Alkire's General Store. They have now returned the sign and are therefore entitled to the return of their deposit_ You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Mr. Martin J. Niessner, Jr. 2086 Morgan Frederick Grade Cross Junction, VA 22625 RSA/kac p'e?'f- oj LTAKamilarms' shiffiCoumionlSIGNRTRN.LSI�nimnE,rSIGNDEP.PERtvpd tT' Lu CC RC)L)-T-F- 52� MI zilloi VAN J1' U5/Z3/ZUU1 U7:5U YAA 54UU678188 0 ILEX - VIRGINIA C_ UUY 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 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: 1V71�0.c�yf , C:t-�v\AJ 1 _ - J ; , ,,ci- V µ -G- Lb G 5 y?- 3(8'o Name of development and/or description of the request: ,,,� ; a-1 �:..� 4�-- e moo- •1 rye.<� o� � c' ...� �. y ,� �-, �c ��� 2 c-t s Location: Va. Dept. of Transportation Comments: The existing Northern most entrance dopg not meet VI)HT minimum standards for egress. Minimum sight distance is not obtainabLe at this entrance However. VDOT mad sun nrt arcpgg frnm Pt,. 694 as proposed in your current site plan presently under review. VDOT Signature and Date: G/ , � -� (NOTICE TO RESIDENT ENGINEER*PLEASE RETURN THIS FORM TO APPLICANT.) 4 ,l?F✓- S,or, of Aeevu, .f ,ec vlew 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. n 0 Renovation shall comply with the Virginia Uniform Statewide Building Code and section303, use group A (Assembly) of The BOCA National Building Code/1996 Other code that applys if CABO A117.1-92 Accessible and Usable Building and Facilities. Note section 1110.2.1 exception #1 (ADA 20% rule for renovations) of BOCA. Permit shall be apply for the change of use of the area. The floor plan submitted for permit application shall be sealed by a lic. Virginia Architect/ Engineer. Please note section 110.1.3 of The VUSBC for the requirements of Asbestos inspection prior to renovations. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Rent Street Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. -,pplicairt's name, address and phone number: Z Z-6 Z S Name of development and/or'description of the request: f�✓ ( ` S G- ZN 5 tion: c/2-(�3 & �- 4- L -1-- L Pi- L `� -'CA- C Inspection Department Comments: Convents are on the back of this form. Code Administrator Signature & Date: /��(j/ (NOTICE TO INSPECTIONS DEPT. *PLEAS E RN TH FORKTO APP ANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. �0 RECEIVED MAY I REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal ATTN: Fire Marshal 107 North Rent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: C- l i zc.:�-0-. I-zoyc Ao fnc..,,, �- GrC-C�e /Cx �5 �..c.�: ti0A- 2Z�,7`5— 'S - � 0--%s18'-EG`dC) Name of development and/or description of the request: Location: 3 a,4 L, -c- P� � Fire Marshal Comments: Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLEASE RETURN NOTICE TO APPLICANT IS'FORM TO APPLICANT.) It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and any other pertinent information. COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.CUP01-0010 Date Received 5110101 Date Reviewed 5/15101 Applicant Martin & Elizabeth Niessner Jr. Address 2086 Morgan Frederick Grade Cross Junction, Va. 22625 Project Name Eating Establishment Type of Application Conditional Use 1st Due Fire Co. 20 1st Due Rescue Co. 20 Tax I.D. No. 6-A-77 RECOMMENDATIONS Phone No.540-888-3680 Current Zoning RA Election District Gainesboro Automatic Sprinkler System Residential Sprinkler SystemXX Automatic Fire Alarm SystemXX Other :Portable Fire Extinguishers REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments : "Fire Lane No Parking" signs and markings required at all means of ingress and egress. Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special Hazards Noted Yes XX No Comments : Requirements of the Virginia Statewide Fire Prevention Code Chapter 3. (Copy Provided) Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes XX No Plan Approval Recommended? Yes XX No Signature Tit1eS�� a6VENTION CODE/1996 • a Cleaning schedule: Where a cleaning schedule is file, the code official shall require a schedule to be suomitted, indicating the method of cleaning and the time intervals between cleanings. SECTION F-310.0 ELECTRICAL F-310.1 Abatement of electrical hazards: All identified elec- trical hazards shall be abated. All identified hazardous electrical conditions in permanent wiring shall be brought to the attention of the electrical code official. F-310.2 Illumination: Illumination shall. be provided for all service equipment areas, motor control centers and electrical panelboards. F-310.3 Clearance: Clearance of not less than 30 inches (762 mm) shall be provided between all electrical service equipment and storage. F-310.4 Multiplug adaptors: Multiplug adaptors, such as cube adaptors, unfused plug strips or any other device not complying with NFPA 70 listed in Chapter 44, shall be prohibited. F-310.5 Extension cords: Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures; extended through walls, ceilings or floors, or under doors or floor cover- ings; nor shall such cords be subject to environmental damage or physical impact. F-310.6 Unapproved conditions: Open junction boxes and open -wiring splices shall be prohibited. Approved covers shall be provided for all switch and electrical outlet boxes. F-310.7 Appliances: Electrical appliances and fixtures shall be tested and listed in published reports of inspected electrical equipment by an approved agency and installed in accordance with all instructions included as part of such listing. F-310.8 Electrical motors: All electrical motors shall be main- tained free from excessive accumulations of oil, dirt, waste and debris. SECTION F-311.0 FIRE LANES F-311.1 Designation: The code official shall require and desig- nate public or private fire lanes as deemed necessary for the efficient and effective operation of fire apparatus. Fire lanes shall have a minimum width of 18 feet (5486 mm). F-311.2 Obstructions: Designated fire lanes shall be maintained free of obstructions and vehicles and shall be identified in an approved manner. F-311.3 Maintenance: All designated fire lane signs or mark- ings shall be maintained in a clean and legible condition at all times and replaced when necessary to ensure adequate visibility. SECTION F-312.0 SMOKING CONDITIONS F-312.1 General: The smoking or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in the areas provided herein. F-312.2 Prohibited areas: Smoking shall be prohibited where conditions are such as to make smoking a hazard, including: areas of piers; wharves; warehouses; stores; industrial plants; institutions; schools; assembly occupancies; and in spaces where combustible materials are stored or handled. Exception: The owner or operator shall be permitted to designate safe smoking locations or areas where approved. F-312.3 "No Smoking" signs: The code official is authorized to order the owner or occupant to conspicuously post "No Smok- ing" signs in each structure or location in which smoking shall be prohibited. The content, lettering, size, color and location of required "No Smoking" signs shall be approved. F-312.4 Removal of signs prohibited: A posted "No Smoking" sign shall not be obscured, removed, defaced, mutilated or de- stroyed. F-312.5 Compliance with "No Smoking" signs: Smoking shall not be permitted, nor shall any person smoke, throw or deposit any lighted or smoldering substance in any place where "No Smoking" signs are posted. F-312.6 Ash trays: Where smoking is permitted, suitable non- combustible ash trays or match receivers shall be provided on each table and at other convenient locations. SECTION F-313.0 ELEVATOR RECALL F-313.1 Required: All elevators with a travel distance of 25 feet (7620 mm) or more above or below the primary level of elevator access for emergency fire -fighting or rescue personnel shall comply with Rule 211.3 of ASME A17.1 listed in Chapter 44. SECTION F-314.0 MOTION PICTURE SCREENS AND PROJECTION ROOMS F-314.1 General: In assembly and educational occupancies, a motion picture screen or screen -masking that will ignite and allow flame to spread over the surface when exposed to the field test indicated in Section F-306.3, shall not be utilized. F-314.2 Construction: Every projection room shall be of per- manent construction consistent with the requirements of the building code listed in Chapter 44. F-314.3 Temporary installations: Temporary projection rooms shall be permitted for incidental amusement and educational purposes where approved. F-314.4 Miscellaneous equipment: Each projection room shall be provided with rewind and film storage facilities. A maximum of four containers for flammable liquids having a capacity not greater than 16 ounces (0.5 Q of a nonbreakable type shall be permitted in each projection room. SECTION F-315.0 FIRE SAFETY DURING CONSTRUCTION, ALTERATION AND DEMOLITION F-315.1 General: This section shall apply to all structures under construction, alteration or demolition. F-315.2 Fire department access: Fire department access shall be provided and maintained to all structures undergoing con- struction, alteration or demolition. Fire department access road- ways shall be of an approved surface material capable of providing emergency vehicle access and support at all times, and shall be a minimum of 18 feet (5486 mm) in unobstructed width. The access roadways shall provide a minimum turning radius 18 • r`^ both the small and large scale tests of NFPA 701 listed in Chapter 44. F-306.5 Parade floats: All decorative materials utilized on parade floats shall be flameresistant in accordance with the field. test of NFPA 701 listed in Chapter 44. F-306.5.1 Motorized apparatus: All motorized apparatus utilized for parade floats shall be provided with a portable fire extinguisher with a minimum 2-A: I O-B:C rating, to which the operator shall have ready access. F-306.5.2 Special effects: Any parade float utilizing special effects designed to create smoke, flame, heat or sparking conditions shall be approved prior to utilization. SECTION F-307.0 FURNISHINGS F-307.1 General: The provisions of this section shall apply to all occupancies in Use Group I-2. These provisions shall not apply to furnishings existing in the building prior to the adoption date of this code. Exception: Upholstered furniture in rooms and spaces equipped throughout with an approved automatic sprinkler system. F-307.2 Rate of heat release: Any item of upholstered furniture, mattress or wardrobe shall produce a maximum instantaneous net peak rate of heat release of 500 kW or less. Exception: Buildings equipped throughout with an approved automatic fire suppression system. F-307.3 Cigarette ignition: Upholstered furniture shall be shown to resist ignition by cigarettes as determined by tests conducted in accordance with NFPA 261 listed in Chapter 44 and I shall meet the following performance criteria: 1. Char length shall not exceed 1.5 inches (38 mm); and 2. Ignition of the upholstered furniture shall not occur. F-307.4 Identification: Furnishings shall bear the label of an approved agency, confirming compliance with Sections F-307.2 and F-307.3. SECTION F-308.0 CHIMNEYS AND HEATING APPLIANCES F-308.1 General: All existing chimneys, smokestacks or similar devices for conveying smoke or hot gases to the outer air and all stoves, ovens, furnaces, incinerators, boilers or other heat -pro- ducing devices or appliances shall be constructed in accordance with the building and mechanical codes listed in Chapter 44 and maintained in accordance with NFPA 54 and 211 listed in Chap- ter 44, where the provisions of this chapter do not specifically cover conditions and operations and in a manner that does not create a fire hazard. F-308.2 Unsafe heating appliances: The code official shall order the sealing (preventing the operation) of any existing stove, oven, furnace, incinerator, boiler or any other heat -producing device or appliance found to be defective or in violation of code requirements for existing appliances after giving ten days notice to this effect to any person, owner, firm, agent or operator in charge of the same. The code official, however, shall seal any device or appliance without notice when inspection shows the existence of an immediate fire hazard or when imperilling human life. The sealed defective appliance shall remain with. service until. all necessary repairs or alterations have b.,. F-308.2.1 Unauthorized seal removal: It shall be deemed a misdemeanor for any person or user, firm or agent to continue the utilization of any device or appliance that has been sealed or ordered sealed in accordance with Section F-308.2, unless written authority to remove said seal is given by the code official. Removing or breaking the seal shall be deemed a misdemeanor. F-308.3 Incinerator operations: All incinerator operations shall be subject to the following restrictions, and a sign of permanent design furnished by the owner shall be posted in a conspicuous location at or near the incinerator to inform the operators of said restrictions: 1. Fuel -fired incinerators shall be preheated 30 minutes be- fore utilization. 2. Only competent operators shall operate the incinerator. 3. After loading the main combustion chamber, the feed door shall be closed until the combustion cycle is complete. 4. The waste material ash compartment shall be cleaned regularly. 5. Waste matter shall not be burned, under permit or other- wise, when such matter will cause or create a dense smoke or odor upon burning. F-308.4 Unvented fuel -fired heating appliances: Unvented fuel -fired space -heating appliances designed for portable use shall be prohibited in occupancies in Use Group A, Use Group E and in child care facilities in Use Group I-2. Unvented fuel - fired space -heating appliances designed for permanent installa- tion shall be installed in accordance with the mechanical code listed in Chapter 44. SECTION F-309.0 COMMERCIAL KITCHEN EXHAUST SYSTEMS F-309.1 Hood system required: Each existing commercial cooking appliance and domestic cooking appliance utilized for commercial purposes shall be protected with an approved com- mercial kitchen exhaust hood and duct system. Exceptions 1. Cooking appliances located within a dwelling unit and not utilized for commercial purposes. 2. Completely enclosed ovens. 3. Steam tables. 4. Auxiliary cooking equipment that does not produce grease -laden vapors, including toasters, coffee makers and egg cookers. F-309.1.1 Hood system suppression: Each existing required commercial kitchen exhaust hood and duct system shall be protected with an approved automatic fire suppression system installed in accordance with the mechanical code listed in Chapter 44. F-309.2 Maintenance: Commercial kitchen exhaust systems shall be cleaned to remove deposits of residue and grease in the system at intervals specified in the cleaning schedule required to be submitted in accordance with the mechanical code listed in Chapter 44. Thorough cleaning of ducts, hoods and fans shall require scraping, brushing or other positive cleaning methods. 17 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this form. Applicant's name, address and phone number: L Name of development and/or description of the request: I 1 - , e- nd c4 t 4-z k cs �- a 1 l ` EA �►�.S �i-£1Y�_ c���v 1,, r...(.��.� t�.Jt : t�-� r �1 f Lp D YX " ---. C--.- — Q-)c 1 6 's Location: r24- 212-6 2a' Health Department Comments: Signature and Date: NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information.