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HomeMy WebLinkAbout01-90 Bruce & Judith Hall - Opequon District - BackfileUpon submittal of your completed application, a sign will be provided to you. AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed at the ,property line and be maintained so as to be legible until the date of the hearings. Failure to comply means that your request will be tabled. I UNDERSTAND THAT I AM REQUIRED BY LAW to display a sign provided by the Frederick County Planning Department. I UNDERSTAND the terms explained above. My signature verifies that I have receieved said sign. Signature RECEIPT 022523 AMOUNT DUE $ / 61�o0 AMOUNT PAID •� 100 . C-' BALANCE DUE • s PAID BY / ,CHECK OTHER FRLDERICK COUNTY DEFT. OF P�,AVWNG AND DEVELOPMENT P. O. BOX 601 • 9 COURT SQUARE W NCHE�;TER, VIRGINIA 22601 DATE RECEIVED FROM ADDRESS IDO THE SUM tG OF-'''-� C' r -f DOLLARS 1 1C�- � ,�. FOR J7 �Q BY tl �% r � e DAY TIMERS RE-ORDEB—No. 3221 — Printed in ELIZABETH RUST WILLIAMS � MAY 2 11992 ATTORNEY AT LAW 17 S. CHURCH STREET POST OFFICE BOX 443 BERRYVILLE, VIRGINIA 22611 TELEPHONE (7O3)955-47OO W. Wayne Miller Frederick County Zoning Administrator 9 Court Square Winchester, Virginia 22601 Re: Frederick County Tax Map No. 85-A-5 Dear Mr. Miller: May 19, 1992 As a result of a Freedom of Information Act request, I am in receipt of your December 21, 1992 "Memo For Record," to the effect that you inspected the above - captioned premises on that date, but found nothing significant to substantiate facts alleged in my letter to the County Administrator of December 16, 1991. Since that time, a number of additional facts have surfaced. In light of Section 2-4-1 of Frederick County Zoning Ordinances, February 14, 1990, as amended, which states that "no building or structure shall be used, occu- pied, developed, located, relocated, constructed, reconstructed, enlarged or struc- turally altered except in compliance with the terms and provisions of this Chapter and any other applicable ordinances and regulations," (emphasis added), please be advised of the following: 1. The State Water Control Board found on January 2, 1992 that the building to which Conditional Use Permit #001-90 applies discharges industrial wastewater to the waters of the Commonwealth without benefit of the National Pollutant Discharge Elimination System permit required therefor under State Water Control Law. As of April 28, 1992, the owner of the subject premises had yet to apply for a permit. 2. According to Health Department records, there is no approved and valid permit for the discharge of treated or untreated sewage onto the land or into the soil of the Commonwealth from at least one of the two commercial buildings designed for human employment located on the above -captioned property, despite the mandates of Sections 1.8(B) and (C) of Virginia's Sewage Handling and Disposal Regulations, May 1989, as amended. 3. According to Building Department and Health Department records, there was no written certification to the Frederick County Building Official, prior to his issuance of Building Permit No. 19995, that "safe, adequate and proper sewage treat- ment is or will be made available to such building," as is required by Section 32.1- 165 of the Code of Virginia, 1950, as amended. 4. Accordi.ng to County records, there was no application to the County Plan- ning Department and, i.n turn,a recommendation from The Lord Fairfax Soil and Water �S,- ,t�j e�6r 4N Truck Parts Unlimited, Inc. (4110 Valley Pike) P.O. Box 598 STEPHENS CITY, VA 22655 Bus. Phone (540) 869-3303 CLIF BORDEN 1-500-635-0567 Owner Fax (540) 869-3493 !l a14-2 �„ „� . p�,�.wa1L :2� '`� �.a.Q�.9� d�' Conservation District for Soil Erosion and Sedimentation Control Plan approval and a permit to disturb some 20,000 square feet of land in order to construct a con- crete slab parking area without adversely affecting adjoining property by erosion and flooding as a result thereof, as is required by Virginia Erosion and Control Law and General Criteria, 1990, as amended, Sections 10.1-560(11), 10.1-563(A) and GC-3. Further, with regard to Conditional Use Permit #001-90 itself: 5. There is no solid artificial or natural screen at least five (5) feet in height to obscure the view of "exterior storage of parts," as required by paragraph 2 thereof. /6 n� e-` . s Sra-Wei p u T r,11_e_)c 6. The said paragraph 2 is contrary to Frederick County Zoning Ordinance 4-3- 23.2, which requires that "all exterior storage of parts and equipment shall be screened." i D— - ra r, 7. There is nothing in the County's file to indicate that this permit was re- viewed upon it expiration on March 28, 1991, as required by paragraph 3 thereof. 8. There is nothing in the County's file to indicate that a new conditional use permit was issued when the use and occupancy of the premises changed by way of the execution of a written rental agreement between the owner and the current lessee thereof, as required by paragraph 4 of said conditional use permit. U-57 "-I ND C, r N/" D7 Z� loueT CN%)NrF 9. As more particularly set forth in paragraphs 2 and 3 herein, "adequate (pro- perly approved) health facilities that meet code requirements" are not being provided, as required by paragraph 6 thereof. f-/&/ c7N pcp , . 14 14 �_ /S And last, with regard to County zoning ordinances pertaining to conditional use permits: 10. This commercial use changes the rural character of adjoining properties de- spite the mandates of Section 2-7-2.1 thereof. Al" T- 7ev (f 7 mac+-z. war ASS/�N ,y,vn '3e/4Q D 11. Inspection of adjoining property would reveal that run-off from the roof, the concrete parking slab, and emission from underground drains from the subject premises have rendered adjacent property increasingly unarable, thereby "adversely affect [ing its] use and enjoyment," and its "natural character," despite the man- dates of Sections 2-7-2.2 and 2.7-2.4 thereof. 12. As more fully set out in paragraphs 2, 3 and 9 herein, "adequate facilities" are not being provided, despite the mandates of Section 2-7-2.5 thereof. 13. As more fully set out in paragraph 11 hereof, "adequate drainage" is not being provided, despite the mandates of Section 2-7-2.5 thereof. 14. Despite the requirement set forth in Section 2-7-3 thereof that a "con- ditional use shall conform with all applicable regulations of the district in which it is located," a. runoff which adversely affects farm land zoned R-A fails to "maintain the rural character of. . .the County and to accommodate farming. .," contrary to the provisions of Section 4-1, and 2. b. a concrete parking slab "structure" (as defined in Section 18.1- 1620: "any man-made object having an ascertainable stationary location on or in land or water, whether or not it is affixed to the ground. . .") is closer than the 15-foot side yard set -back required in R-A zones for primary and accessory uses and structures by Sections 4-4-3. 2 and 4-4-3. 4. U V.0 3F--o L-,- � 15. Use permit conditions were modified by an unapproved addition of a con- crete slab parking area despite the mandate of Section 2-7-4 that "conditions of the permit may be modified only through full application procedures set forth in Frederick County Ordinances." se c c-r-., n P e.�e_ rat r i ( ' A r 7J e ✓F rP . 16. Conditions pertaining to the "location of the building or use or lot, in- cluding setback and yard requirements," as set forth in Section 2-7-4.1.4 were not imposed. Sr477n5T�� /VoT 0tfIleF' 17. Flooding preventions as set forth in Section 2-7-4.1.6 were not imposed. 18. Conditions relating to the "design of parking or loading areas" as set forth in Section 2-7-4.1.10 were not imposed. 19. Stormwater management conditions as set forth in Section 2-7-4.1.19 were not imposed. 20. Environmental protections as set forth in Section 2-7-4.1.19 were not im- posed. 21. Conditions pertaining to on site and off site sewer improvements as set forth in Section 2-7-4.1.26 were not imposed. 22. On site and off site drainage improvements as set forth in Section 2-7- 4.1.27 were not imposed, and 23. On site and off site road, entrance or driveway improvements as set forth in Section 2-7-4.1.28 were not imposed. In light of the enforcement provisions set forth in Frederick County Zoning Ordinances 2.5 through 2-5-6, together with the fact that most of these matters were brought to the County's attention over two years ago, and again almost five months ago, please advise by return mail how, and when, you intend to proceed in this matter. Sincerely yours, Elizabeth Rust Williams cc: Robert M. Sager, Frederick County Supervisor John R. Riley, Jr., Frederick County Administrator James A. Preston, Regional Water Resources Manager, Virginia State Water Control Board KP Dr. Earl Virts, Regional Health Director, Northern Regional Office Dr. Mohamed A. Khodr, MD., M. PH., Health Director, Frederick County Environmental Health Department Doug Dailey, Sanitarian Supervisor, Frederick County Environmental Health Department Greg Lloyd, Sanitarian, Frederick County Environmental Health Department John S. Trenary, CPCA, Frederick County Building Official 4. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 15, 2016 Borden Real Estate, LLC Clifton Borden 308 Saint Andrews Court Winchester, VA 22602 RE: CUP 06-16 Property Identification Number 85-A-5 Dear Mr. Borden: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 14, 2016. Conditional Use Permit #06-16 was approved for a Public Garage with body repair. Further conditions associated with the approval of the Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2. All repair activities shall occur entirely within the enclosed structures. 3. All exterior storage of parts and equipment shall be screened from view of the surrounding properties by an opaque fence or screen at least six (6) feet in height. 4. Hours of operation shall be limited to 7:00 am to 7:00 pm Monday through Saturday. 5. No more than four (4) employees allowed. 6. No retailing or wholesaling of parts or vehicles on site. 7. No storage of inoperable vehicles on site. 8. No more than five (5) vehicles awaiting repair on site at any time. 9. An illustrative sketch plan shall be submitted to and approved by Frederick County, and all plan improvements shall be implemented prior to operating the business. 10. Any expansion or change of use will require a new Conditional Use Permit. 107 North Kent Street, Suite 202 e Winchester, Virginia 22601-5000 0 11. One business sign shall be allowed and shall confonn to the Cottage Occupation sign requirements and shall not exceed four (4) square feet in size and five (5) feet in height If you have any questions regarding this action, please feel free to call this office. Sincerely, / ®_.e_..�... r eran/e Zoning Administrator MRC/pd cc: Gary Lofton, Board of Supervisors, Back Creek District J. Rhodes Marston and Greg L. Unger, Back Creek Planning Commissioners Jane Anderson Commissioner of Revenue Inspection Department � ^� \/z�� . �\\�I «)\�«� . , )}//~ . ;�` \��{�/ . �� � , COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 October 29, 2015 Gaye Ridings 151 Conestoga Lane Stephens City, Virginia 22655 RE: Conditional Use Permit (CUP) #001-90 151 Conestoga Lane Property Identification Number (PIN): 85-A-5 Dear Ms. Ridings: This letter is to confirm that the above -referenced property is subject to CUP #001-90 approved by the Frederick County Board of Supervisors on March 28, 1990, for a garage with body repair. This CUP cannot be conveyed with this property, unless conditions 3 and 4 are compiled with. Therefore, the new owner must apply for a new CUP for a garage with body repair. I have included a copy of conditions assigned to CUP #001-90. Should you have any questions, please do not hesitate to call me at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/dw Attachment 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 April 2, 1990 Roy R. & Patricia G. Beatty Route 2, Box 289 Stephens City, Virginia 22655 Dear Mr. & Mrs Beatty: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of March 28, 1990: Approval of Conditional use Permit #001-90 of .Roy and Patricia Beatty for a garage with body repair. This property is located 1 and 3/4 miles on Route 11, south of Stephens City on the west side in.the Opequon Magisterial District and is identified as parcel 5 on tax map 85. This conditional use permit is issued with the following conditions: 1. All repair work shall take place entirely within an enclosed structure. 2. All exterior storage of parts shall be screened from view of surrounding properties by a solid artificial or compact natural 'screen of at least five (5) feet in height, which shall be maintained as long as such exterior storage is conducted. 3.. This will be a one-year permit to be reviewed and renewed annually. 4. If . the use, occupancy or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 5. Hours of operation shall be limited to 7:00 a.m. until 7:00 p.m.,, Monday through Saturday. 6. Adequate health facilities that meet code requirements must be provided. 7. Retailing or wholesaling of used vehicles will not be permitted from this site. 8. No inoperable vehicles will be stored on the site. 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 Page -2- Beatty March 30, 1990 If you have any questions regarding this conditional use permit do not hesitate to call this office. Sincerely, W. Wayne Miller Zoning Administrator WWM/slk cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue Office George Whitacre, Clerk of Circuit Court William C. Orndoff, Jr., Treasurer i -- _ AZ..... Or 4"" 1 41 X Y . vw 45 ERTIFICATION OF ZONING *MPLIANCE oso 53 t&s. WI CIO c l li WJW r�0 LOU O Z 2!Z JIO U fV WIW to l x r OIL NIA I Olz NtU WIJ Wid. 4n 2 r al WI r W J tl 24 01— UIU WIW mIW 00 r,0 Ll= zo GIw U> c� to W W N_ S r TO: DEPARTMENT OF MOTOR VEHICLES DEALER SERVICES DIVISION From: `c T K CITY OR COUNTY OF Data: NAME OF BUSINESS STREET AGGRESS CITY ZIP CCCE In this section the applicant shall indicate licenses) being applied for and the zoning official is asked to sign indicating proper zoning is in effect for each use being applies !Cr. Virginia Cade Section 46.2-1601 requires that any person engaged in business in the Commonwealth as one ormore of the following must be licensed and be in compliance with all applicable zoning ordinances. The above referenced business is applying to the Department for license as a: APPLICANT TO CHECK EACH LICENSE ZONING OFFICIALS SIGNATURE INDICATING PROPER ZONING APPLIES FOR BEING APPLIED FOR EACH USE CHECKED BY APPLICANT ❑ SALVAGE DEALER ❑ DEMOLISHED ARESUILDER ❑ SALVAGE POOL ❑ VEHICLE REMOVAL OPERATOR Name Title Name Title n Title - Name Title Name Title Definitions are printed on the back of this form. As the zoning official for the locality In which this business Is located, I verify by mysignature(s) above that the above named business Is In compliance with the zoning ordinance of this localltv for each use forwhich the applicant Is applying. This business location is further identified as Tax Map # `f _ 4 , Lot # 07 C of Section and is zoned _ .-•�` - . 'tom •r._. •'T.•.. WRGINIA CODE SECTION 46.2-1600.E DEFINITIONS: .V';j. -SALVAGE DEALER' Means any person who acquires any vehicle for =� the purpose of reselling any parts thereof. • ~"DEMOLISHER" •;c . .:+- - :, i. ; - _,�.• _ ,• • ... _ _ . ,_ .. ... ._ _ • . Means any person whose business is to crush, •. flatten, or otherwise reduce a vehicle to a state where it can no longer be considered a vehicle. .. ... � ! ...: ter•.. .y,h.• . .. . _. .. _ "REBUILDER" Means any person who acquires and repairs, for use on the public highways, two or more salvage vehicles within a twelve-month period. 'SALVAGE POOL' -""— --Means any person providing ajstorage service for �; a salvage vehicles or nonrepairable vehicles who _. _ ___ _,_ -. _ .i. __ _..•_ r _ either display the vehicle for resale or solicits bids - y -, for the sale of salvage vehicles or nonrepairable vehicles, but this definition shall not apply to an insurance company which stores and displays - ---- - --- ----------- __ ---.fewer than 100 salvage vehicles and __. 'nonrepairable vehicles in one location; however, - . any two or more insurance companies who display salvage and nonrepairable vehicle for - `" - - resale, using the same facilities, shall be considered a salvage pool. 'VEHICLE REMOVAL OPERATOR" ------Means any person who acquires a vehicle for the purpose of reselling it to a demolisher, scrap metal processor, or salvage dealer. E4 ram• 0 • SNARR, MCCANDLISH & ROCKWOOD ATTORNEYS AT LAW 42 SOUTH CAMERON STREET WINCHESTER, VIRGINIA 22601-4726 GEORGE G.SNARR CHARLES S. McCANDLISH TELEPHONE (703) 667-9727 MAILING ADDRESS: THOMAS H- ROCKWOOD FAX (703) 722-2433 P. 0. BOX 3177 WINCHESTER, VA 22604-2377 KIMBERLI GROVE BALL July 12, 1993 Mr. Lanny Bise, II Frederick County Department of g 3 Planning & Development �uL�g9 P . 0. Box 601 mc���© Winchester, Virginia 22604 U-) QF N►N, 'ef , PAD Re: nEv��u Re: Conditional Use Permit No. 001-90 Roy R. Beatty °� 0�`Fi Q? ZZ� Dear Mr. Bise: I have your letter of June 30, and wish to advise you that there is a change of ownership concerning the captioned Conditional Use Permit. Roy R. Beatty and Patricia G. Beatty have sold to Bruce Hall and Judith Hall the garage and auto repair property and business which is operated under the captioned Conditional Use Permit. The business was sold under a Real Estate Sales Contract dated June 30, 1993, and the Halls wish to continue operation of the present business with the conditions imposed upon the existing permit. It would be appreciated if you would take whatever steps are necessary to transfer the ownership in the Conditional Use Permit file. If there is anything further which needs to be done on this, please let me hear from you. Sincerely, �ry y-, y. 'SA, George G. Snarr GGS/smb cc: Mr. and Mrs. Roy R. Beatty Mr. and Mrs. Bruce Hall Ff ` • • 'iA'I .Sl",.31992 SNARR, MCCANDLISH & R.00KWOOD ATTORNEYS AT LAW WINCHPSTER, VIRGINIA 22601-4726 GEORGE G.SNARR CHARLES S, MCCANDLISH 42 SOUTH CAMERON STREET THOMAS H. ROCKWOOD P. 0. BOIL 3177 KIMBERLI GROVE BALL September 4, 1992 Mr. W. Wayne Miller, Zoning Administrator Department of Planning and Development County of Frederick P. 0. Box 601 Winchester, Virginia 22601 Re: CUP 001-90, 91 Roy R. and Patricia Beatty Property Dear Mr. Miller: TELEPHONE (703) 807-9727 PAX (703) 722-2433 Thank you for taking the time on August 21 to meet with me in your office regarding the captioned matter. I am writing to confirm with you my understandings regarding Mr. and Mrs. Beatty's proposed sale of their 15 1/2 acre property to Mr. and Mrs. Bruce E. Hall. I had outlined to you that Mr. and Mrs. Hall would like to buy this property from Mr. and Mrs. Beatty and continue the operation of the present business as it is now permitted under CUP 001-90. It is contemplated that the sale of the property would be effected by means of a Land Sales Contract which would provide, in essence, that the sellers would hold title to the property, would finance the purchase by the buyers through a schedule of monthly payments of principal and interest to the sellers over a three year period with an option to the buyers to extend these payments for a total term of six years. At the end of the six year period, the entire purchase balance would be due. Title to the property would remain in the sellers during this six year period or until the purchase price had been fully paid, whichever first occurred, at which time the buyers would be given a Deed to the property. One of the conditions under the Beattys' CUP is: "If the use, occupancy or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be -required." You have indicated, in your opinion, under the circumstances outlined above, a new CUP will not be required of the Halls since ownership of the property would still remain in the Beattys under the proposed Land Sales Contract. However, Mr. W. Wayne Mil, Zoning Administrator Department of Planning and,Development Page 2 you believe, and I agree, that it would be prudent for the Halls to seek an advisory opinion from the Planning Commission as to whether or not the Commission would anticipate favorable action on a CUP application by them if they were to make a CUP application. With best regards, Sincerely, George G. Snarr GGS/smb cc: Mr. Roy R. Beatty ,_ • • SNARR, MCCANDLISH & ROCgWOOD ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601-4726 GEORGE G. SNARR TELEPHONE (703) 667- 9727 CHARLES S. MCCANDLISH 42 SOUTH CAMERON STREET FAX (703) 722-2433 THOMAS H. ROCKWOOD P. 0. BOX 3177 KIMBERLI GROVE HALL August 24, 1992 6100T -N Mr. W. Wayne Miller, Zoning Administrator Department of Planning and Development County of Frederick P. O. Box 601 Winchester, Virginia 22601 Re: CUP 001-90, 91 Roy R. and Patricia Beatty Property Dear Mr. Miller: Thank you for taking the time last Friday to meet with me in your office regarding the captioned matter. I am writing to confirm with you my understandings regarding Mr. and Mrs. Beatty's proposed sale of their 15 1/2 acre property to Mr. and Mrs. Bruce E. Hall. I had outlined to you that Mr. and Mrs. Hall would like to buy this property from Mr. and Mrs. Beatty and continue the operation of the present business as it is now permitted under CUP 001-90. It is contemplated that the sale of the property would be effected by means of a Land Sales Contract which would provide, in essence, that the sellers would hold title to the property, would finance the purchase by the buyers through a schedule of monthly payments of principal and interest to the sellers over a three year period with an option to the h)u-Ters to extend th-ese paym n-Its fv a te=i Gf SiX y:=:arS. Attheend of the six year period, the entire purchase balance would be due. Title to the property would remain in the sellers(-! during this six year period or until the purchase price had been fully paid, whichever first occurred, at which time the buyers would be given a Deed to the property. One of the conditions under the Beattys' CUP is: "If the use, occupancy or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required." You have indicated, in your opinion, under the circumstances outlined above, a new CUP will not be required of the Halls since ownership of the property would still remain in the Beattys under the proposed Land Sales Contra 1009 7IS1TF� IE Mr. W. Wayne Mil , Zoning Administrator x Department of Pling and Development Page 2 you believe, and I agree, that it would be prudent for the Halls to seek an advisory opinion from the Planning Commission as to whether or not the Commission would anticipate favorable action on a CUP application by them if they were to make a CUP application. If this draft meets with your understandings, I will send you an original of it. If not, please make any revisions or additions and return it to me. With best regards, Sincerely, George G. Snarr GGS/smb w. cli f f ord & associates, 200 NorlWameron Street 0 Winchester, Virginal 2601 703-667-2139 a Fax: 703-665-0493 August 11,1992 Mr. Jim Longerbeam Ruth Crum Realty 318 South Loudoun Street Winchester, Virginia 22601 Re: Deerfield Motors Drainage Dear Mr. Longerbeam, At your request we have reviewed the drainage situation at the Deerfield Motors site. On Monday, August 10th I met with Mr. Beatty at the garage site. He briefed me on. his experiences as far as drainage flows through the site and the limits of his improvements. We estimated the garage and parking area at 10,000 sq. ft. Using topography used by VDOT for the 1-81 construction, drainage area limits were developed to a point just downstream of the Deerfield site. The area consists of approximately 13 acres. The surface area is covered by a good stand of grass. The general slope of the land is a little more than 5%. A predevelopment C factor of .20 is assumed. The time of concentration is estimated at 5 minutes. Under these conditions, the predevelopment 10 year storm flow from the 13 acre drainage area would have been 17.7 cfs. The 2 year storm flow would have been 14.0 cfs. With the addition of 10,000 sq. ft. of impervious area, the weighted C factor would increase to .21. The current 10 year flow would be approximately 18.6 cfs, or an increase of 1 cfs over predevelopment. The current 2 year storm flow would be 14.8, or an increase of .8 cfs. Though, a marginal increase in flow is predicted, a more detailed calculation might show that the peak flow from the impervious area passes downstream minutes after the storm begins, with the peak from the remaining upstream 12.8 acres passing later. This staggering of the .peaks could result in no increase in peak flow runoff. While the rate of flow over the duration of the storm may be higher than in the undeveloped condition, the predevelopment peak flow value probably is not exceeded. • i 0 TEL No.0 Aug.11,92 15:04 P.02 A copy or me oia ropograpay is dLLdQIUeU. J.1 YUU ILUVZ CLILY LiLL40%,MJ&W do not hesitate to call. Regards, on WMisloVwskjy,/P. RAM/kf Encl. cc: Rick Beatty y + ( , - -- do VOL � 4V �..�. s c.� v V X_,__X [7 n \, H 'd VO:ST Z6`TTOd 0'oN Tel 0 _ J U G — 1 7 — '� 2 r-1 ci t-4 1 47 0 P on, mw r w. rORD 8 A 8 SO CIA rES Engineers and tGnners Surveyors, Water ouclity Anolysis 150 c OLDE GREENWI(.;H DNIV PROJECT nc,g, T�eatly FREDERICK $BURG, VA - I PHONE: 70�%69$-2143 PROJECT NO. FIELD AND LABORATORY DATA I 91E:= WRITE -FIELD -013SERVATIONS ON SA 2 COLLECTED FOR; 0 r 0 River Mile COI-LECTED BY STATION DE$CRIPTION;-_­... . . . . . . . . . . I's Or DAT5 REC'D inT-VALUE Chloride!; Mg. A 138.00 Chlorine Tot Nit. 0 7.50 .4 041" Nitrite rno/I NitrctV, Mg Hydrol, PhosphOtOs�, mg Susp Solids - 1*0t Fix,M9/( Fluoride COO^ Mg/i lAdditional Tests kil aiij Giva.e, M&/L Total Phosphates, M51/4 05 P Sulfat$, my/1 10S _10 4 Color Turbidlty Iron,mg/l Coppor, rng /I manganese, MgA Total Hardness, mg/las C1 CO L G/u �- � S.�Y9�aJ�`% Gci.41�6yL fc%OSS- � /. ,1� /i �- C� �J �- � ��..,c•�nti� . lam` L�9S .�E'1J. ' ///� G- �£' iL^o O�� �J�• i / L�°C �'1�r9•,.�� �C � �s <, o�s /i%✓c / " �� %v •mil/ /i -Cl lew* a a [his pq��l §j%2M Werdtion P@rm Commonwealth of Virginia Department of HWh Health department Identification No. _� C- 9 2- o s Tax Map No. 85-A-5 21 Frederick Co — - - . Health Department Roy i< Patricia Beatty is Hereby Granted Permisslo to Operate a (type} t I r IL Sewage Disposal System Having a Design Capacity of 4 5 b South _on R t �p SL��hens 9pd, a _ �_C�fort rich 7, SUBDIVISION SECTION/BLOCK —�' LOT This permit is Issued in Accordance with the Provisions of 32.1, Chapter 6 of the Code of Virginia as Amended and Section(s1 2 '' 22 of the Sewage Handling and Disposal Regulations of the Virginia Department of Health anc'. with Previously Issued permits _ � R S D :'3 — 3S4 - - Dated with the understanding that the Owner and/or any Subsequent Owner will operate the Sewage Disposal System in Accordance with the Sewage Handling and Disposal Regulations of the Virginia Department of Health and any Variances or Conditions Granted. Issuance of an Operating Permit does not imply or Guarantee that the Sewage Disposal System will Function for any Specifies~ Period of Time. �ARIANCES GRANTCD SPECIAL_ CONDITIONS NONE ❑ SEE ATTACHEI) ❑ NONE SEE ATTACHED Effective Date CAS. 204 Rev_ 4/� com ndei (Spnitariatt) Approved (State Health Commissioner)' Pletion Statement Commonwealth of Virginia State Department of Health Health Department ' cc 4;� —°Y A� identification Number _S192-20�, Health Department Name of Company/Corporation/Individual: Address: f. I*eIephone: d G A `� 7 Owner's Name�� Owner's Address.d Location of Installation: Lot Section: ubdivision: Block Other: //Z I hereby certify that the onsite sewage disposal system has been installed and completed in accordance with the con- struction permit Issued (date) -< - _ i - I and is in compliance with Part D of the Sewage Handling and Disposal Regulations and when appropriate the plans and specifications for the project. ate Signature and Ti J ` BF � Sewage Disposal System Construction Permit PAGE ' OF Commonwealth of Virginia Health Department cc 5;2 y °� Department of Health M identification Number Health Department Mao Reference General Information New ❑ Repair ❑ Expanded ❑ Conditional W FHA ❑ VA ❑ Case No. Based on the application for a sewage disposal,system construction permit filed in accordance with Section 3,13.01, a co truction permit is here�byy sued to: Owner 1 4 _ YA` R r I it1 "'f7 7 ry Telephone ° - Address Rf . ; Lx_ `7o /Y jiZ&"2 �¢ (.y5 For a Ty 1r Sew"g disposal system which Is to be .constructed on/at L-ret „s lei. u f&o.r. Subdivision Section/Block — Lot --- Actual or estimated water use rA.4X, rL4"rimr- I�EriDlr^lr, G MAX £/N Lv Eps. DESIGN NOTE: INSPECTION RESULTS Water supply, existing: (descrlbe) Water wpply hKatfon: atisfactory yes n4 comments I/ ' G. W. 2 Received: yes ❑ no ❑ not applicable Q` To be installed: class cased grouted Building sewer: Building sewer: yes no ❑ comments 1.0_ PVC 40, or equivalent. Satisfactory Slope 1.25" per 10' (minimum). ❑ Other Septic tank: Capacity 7 c� gals_ (minimum). Pretreatr»entunit: yes 2--no ❑ comments ❑ Other Satisfactory Inlet-outtat structure: 1-2" i 44L Ace+ss Tx S IrtNt-outlet structure: yes 2-'no [ comments PVC 40.4" tees or equivalent. Satisfactory ❑ Other Pump and pump station: Pump A pump Wdon: yes 13 no ❑ comments No ❑ Yes UOescribe and show design. Satisfactory if yes: Sic Gravity mains: 3" or larger I.D., minimum 8" fall per Conveyance method: yes [2' no 0 comments 100'. 1500 lb. crush strength or equivalent. Satisfactory Other 2LSCi1. 4o Distribution box: Distribution box: yes 2- no ❑ comments Precast Concrete with ports. Satisfactory ❑ Other Header linos: header lines: yes ❑ no p comments Material: 4" I.D. 1500 lb_ crush strength plastic or equiva- Satisfactory lent from distribution box to 2' into absorption trench. - Slope 2" minimum, n . 1 r ! r7 Other _ _ A A 5 r, A.u. Percolation linesti Percolation lines: yes ❑ n0 ❑ comments Gravity 4" plastic 1000 lb. per foot bearing load or Satisfactory equivalent, slope 2" 4" (rain• max,} per 100'. ,,- ❑ Other � >. Absorption'trenchss: Xt .a T, NG Absorption b"chee: yes ❑ no Q comments Square ft. required : depth from ground surface Satisfactory to bottom of trench ; aggregate size r' Trench bottom slope center to center spacing ; trench width Depth of aggregate Date rf — "j Inspected and approved by' _ ` !f c Trench length ; Number of trenches r Banit,tt�n c.N s. 2D2A R*%Md W 11-2 « « L. tj TiaN,(t_ i 01r}x Cct�u..7eS MA )e E M P L.O q W 5 �GnJM)t QEcc/-i S L FFL- CTIVt 0A/C Dny CC F T f2 tt �Jt iH 06. Rt c.L ! ✓c S P it o p J= Health Department 9Z —�� PT a F 12 C o e d 7z a ti. identification Number 5-D g x— •?oG Schematic drawing of sewage disposal system and topographic features. PAGE _-2 OF _- _ Show the lot lines of the building lot and building site, sketch of property showing any topographic features which may impact on the design or the system, all existing and/or proposed structures Including sewage disposal systems and wells within too feet of sewage disposal system and reserve area. The schematic drawing of the sewage dispose( system shall show sewer lines, pretreatment unit, pump station, conveyance Sys, ten and subsurface soil absorption system, reserve area, etc. when a nonpublic drinking water supply is to be located on the same lot show all sources of pollution within 100 feet ❑ The information required above ha^een drawn on the attached copy of the sketch submitted with the application. Attach additional sheets as necessary to illustrate the design. .-NSTA,LL 75-0 yi4. P,tP CR4m©" -t ken P 6" at C7 ) - ('d.� ERR( M'4;-1 DE TED !n1 (a Exfz;F'4) . -S_Purrr4_ C C vi -r) SCALE FEW L �c.E� Aw- Aw,, i PA2?s of SFpttii ,41rF--'1 ,ArN , I o " FRaen SMuG7tUxi MU sr & UAJC: ;Rr,.D op, _TN,�7r*L.Lt;A Ry %-3o •-92- FEAXF r I" /IV, t/ f--- xl sTtnlG �u T� 7pA* r y/ �E51�+JCF � J)Q3Uf43A� a IliJ I;Rcc 014.-4 rt'V, The sewage disposal system Is to be constructed as specified by the perms eats - �f��r�}8ched plans 'a—n3 spa ficahons {�. �,,(� This sewer disposal system construction permit Is null and void If (a) conditions are changed from those shown on the application (b) Condi- tions era changed�`lrom those shown on the construction permit. It1U S r 6E 1fJ$7_ALL_L_'_) No pert of any Installation shall be covered or used until Inspected, corrections made-40--neces3a . ;ind approved, by the local alth department or unless expressly authorized by the local health dept. Any part of any installation vtMC* kaa !4n�covered prior to approv shall be uncov- ered. It necessary, upon the direction of the Department - Date: IasUed by: _ is Construction Sanitarian - Permit Valid until Date: -Reviewed by: X - ---------------------------- 9u tsc 3a Itarlan --------------------- .�=�--T�-- �jD------------- tf PHA or VA financing Coy+ /ocvt LJF r,tj(r _aq,S Reviewed by Date v/J Date C.H.S. 2WS P4,,i d &u Supervisory Sanitarian 11-?A FILE 6-)PY Regional Sanitarian COMMONWEALTH OF VIRGINIA OFFICIAL RECEIPT FREDEU CK CIRCUIT COURT DEED RECEIPT DATE: 06/22/92 T K! 16:50 0 aCC UHT; 069CLR920005180 RECEIPT: ?200000?160 PAYMENT: FULL PAYMENT CA5?EIEk: Vd8 INSTRUMENT ; RES: WN11 TYPE; OTHER 920005180 BOOK: 779 PAEE: Safi RECORDED: 06/22/92 CD AT 16.50 ERANTOR NAME FREDERICK—WINCHE57ER EX: N LOCALITY: EX: M PERCENT: 100% GRANTEE NAME : BEATTY. RDY AND ADDRESS : RECEIVED OF ; HOME DATE OF DEED: 00/00/00 5NAA ETALS CHECK : 113.00 DESCRIPTION 1: OP DIST 2: CONSIDERATION: .00 A55UMPTION; 00 MAP: ION PAID CODE DESCRIPTION PAI9 CODE DESCRIPTION 301 DEEDS 145 V5LF 1,00 TENDERED AMOUNT PAID; CHANGE AMT CLERK OF N7 RT: GEORGE B. WHITACRE DG - 5 8 I2792) F' Fr T, T-3 7:; : 7F2 T r' FK — GAT T 11*-1 r' H ' - : .C�: T T R I=:T�ZrT T2c�7yMr NTH 1C. FjFAT.TFi Roy & Patricia Beatty Route 1, Box 760 Middletown, Virgi.ni.a 2264S fear Mr. & Mrs. Beatt-y, Page 1. rf .1 June 1.5, 1 c192 Re: ApF,I ic_:at_i<�n-fc�nGrri�r.•ti.an Permit With Cond i t-. i gins; LOCATION: South On Route 11 From Stephens City On Right: hint Past 735 Prederick County Va . Tax Map# 85-A-5 (21) Health Department TD#CC-92-08 Yo:tr application for a r-ond it ions l ,t_ruc -ion permit f i. l ed Un June 01, F.rsvi. ronment.a l Health Department* has with the requirement-s r.ontai n-d in 32.1-164.1. and Section 2.13 of the Rogulat.ions, (1988). sewage d i qir sa 1!�an- 1.992 yvit.h I'rFdr_rick.-Wirt.-h�-,�trr. 1)(-cn eva 1 uated in w-c-ordancp the Code of VI r g i n i a, Seat i on S,-wa oe Fland l i rc1 And l� i sansa l I3assPd on the information f i.) (.-d with your appl i.c:at- i can, sni 1 and ait:e eva.luationF vonduc:trcl by t_he depart.mcni's repr-e-scntat:ives, arid review and study of all data presented ir+.? ava.i.IAblo, t:.Fr i:; F s t o i n form you that your application for a rondi t: i oria l sewage dispos3aI system c-onst.ruct,ion permi.i- is hcrehy approved. All items listed below are a Fart- of t:h- permit and t h(-� conditic,ns that are and have been aPpli.ed to the approval, installation Hrid use of the sewage dis rw)sa 1 system. A. This letter is a part of t.h.-� conditi.ona 1 s o-Wa0e cii r;Por;.a 1 gystr.m c-nnst_ruot--ion permit issued for t:he referenced Ioca- t-inn. n. The permit shall br, rFc-c,rdec3 and i.ncie'V(rd in the gr,,nt.r,,.� i.tidex under- your name, in the. land records cf t-h- rl,rk of i.tr- Cnuri- r,f FredPr. ic-k County. C'. You must% furnish to the Fr. Pdrrick County Envi.r0nment.r l 14-,a 1 t-h Depart.mcnt c-er.tifi.c,at.ion, by the Clerk of the, Circ-il.r.t- Ci+llrt, i.ndi.ca1'. i ng the dc�ed beak number and p�ige numb(,-r tri)<,n which t:hP j,r,rmit. and all conditions have been r,-r-nrd.-A. A copy of. the (rPrti.flc:at ion shall hP at'.tacheci 1-o 01 c-c3L+iPs of the Lvermit prior to giving valid.�tic�n tc+ the hui lrlinM offir.i,al fca+- is;�:er-ante, I a baai l.d.i.ng pf�rmi t . • 0 lio : Apr>l i.aat i.on-( onst ruef. ion Pr!rmi t. With conditions BK77SPGO888 CC-92-06 Page 3 of 3 T v"rf ify thn. informal ion prnvi.dod h-rain is true and ac uratr to thF hest_ of my knowlFdq- and bee iPf:. fian.i.t.a!y9.an Subscribed, AckTloW]ed3e, and sworn to b-fr,-e me this —`3a• 1992. >v% . ary Public My rommi.ssion, expires February 28, 1992. T authorize thaU this Permit sand* le-t.t•Yr he r-o.nrdPd in t.ho gran- t.uF index of t:h" Clerk of the Circuit Court of Fredcri►-k rount.y under my namo. S i r�nAl.�lrP 5llhCr'rl})s1��: Arl;nnwlondgr.d, and swnrn.. to hr•fnre• me- this= 22nd d,;y of June , 199?". Not a ry Pt.iil1 i cr J My commission expires July 31 st, 1993 GMT. / ca w S-008!(13-92 , (7ERi'X Wes -rv" 19.E t���a ��r;��r'% •� to fJwr I �t� ,,.-- • ERW 7/l/92 NOTICE OF APPEAL TO: FREDERICK COUNTY, VIRGINIA BOARD OF ZONING APPEALS 9 Court Square Winchester, Virginia 22601 COMES NOW the Appellant, William H. Pfahl, by counsel, pursuant to the pro- visions of Sections 17-2-1 and 17-2-1.1 of the Frederick County, Virginia Zon- ing Ordinance, February 14, 1990, as amended, and appeals the June 8, 1992 determination by the Frederick County, Virginia Zoning Administrator, W. Wayne Miller,.that no action is required by law on his part because "...Conditional Use Permit #001-90 is current and all the conditions placed on this permit are being complied with at this time," and, as grounds therefor, specifies as follows: i 1. The Appellant is the fee simple owner of a farm consisting of approx- imately 175 acres, with improvements thereon, zoned "Rural Area District," identified as Tax Map No. 85-A-3 and located off and west of Route 11, one and three-quarters miles south of Stephens City in Opequon Magisterial District, Frederick County, Virginia. 2. Adjacent to the Appellant's farm on its east side is a parcel of land consisting of 15.452 acres, with improvements thereon, owned by Roy R. Beatty and Patricia G. Beatty, zoned "Rural Area District," identified as Tax Map No. 85-A-5, and located west of Route 11, one and three-quarters miles south of Stephens City in Opequon Magisterial District, Frederick County, Virginia. 3. On March 28, 1990, the Frederick County Board of Supervisors disre- garded the Appellant's concerns that he would be deprived of the economically beneficial use of his land as a direct and proximate result thereof, and ! granted unto the said Roy R. Beatty and Patricia G. Beatty Conditional Us.e Permit #001-90 to operate a garage with body repair on their 15.452 acres zoned "Rural Area District," which said permit contained the following con- ditions: a. That a solid artificial or natural screen at least five (5) feet in height be constructed to obscure the view of exterior "storage .,of parts," despite the mandates of Section 4-3-23.2 of the Fred- erick County Zoning Ordinances, which requires that "all exterior; I storage of parts and equipment shall be screened;" b. That the permit would expire if the use, occupancy or ownership of the property should change; and' c. That health facilities that meet code requirements must be pro- vided. 4. On July 6, 1990, the Frederick County, Virginia Building Department issued Certificate of Use and Occupancy #19995 for the building constructed immediately adjacent to the Appellant's property to house the said garage with body repair operation,.without the owner's having first obtained a Sewage Disposal System Operation Permit signed by the State Health Commissioner, in violation of the County's condition set forth in paragraph 3,c. herein, Frederick County Zoning Ordinance Section 2-7-2.5 that adequate facilities be provided in connection with a conditional use, and in violation of Section 32.1-165 of the Code of Virginia, 1950, as amended, which states that "no county, city, town or employee thereof shall issue a permit for a building de- signed for human occupancy without the prior written authorization of the Commissioner or his agent." I 2. 5. For two years, there was still no approved and valid permit for the discharge of treated or untreated sewage onto the land or into the soil of the Commonwealth from at least one of the two commercial buildings designed for I human employment located on the said Beatty property, despite the mandates of i Section 1.8(B) and (C) of Virginia's Sewage Handling and Disposal Regulations, May 1989, as amended, endangering the health, welfare and safety of persons on both properties and possibly others, due to the limestone geology of the area, and the presence of soils with silt loam and silty clay loam textures with ab- sorption field conditions that are "severe" as to shallow depth to bedrock, low available water capacity, and slow permeability. 6. During the construction of the garage with body repair building, and the concrete slab parking area shown on the Conditional Use Permit application i sketch submitted to the County, immediately adjacent to the said commercial build- ing, and within fifteen (15) feet of the Appellant's property, at least 10,000 square feet of land was disturbed without the applicant's having been required by the Frederick County Planning Department to submit a proposed Soil Erosion and Sedimentation Control Plan to the Lord Fairfax Soil and Water Conservation District for its recommendation in mitigation of erosion and flooding as a re- sult thereof, which said slab causes rain water run-off onto the Appellant's property, which when added to roof run-off, and emission from underground drains from the said building directly onto the Appellant's property, renders it in- creasingly saturated with water, unarable and undevelopable, in violation of the following: a• Sections.10.1-560(11), 10.1-563(A) and GC-3 of Virginia's Erosion and Sedimentation Control Law and General Criteria, 1990, as amended, which require that an Erosion Control Plan be obtained prior to disturbing 10,000 square feet of land; b. Section 2-7-2.4 of the Frederick County Zoning Ordinances, which mandates that a conditional use cannot adversely affect the natural character of an adjacent property; 3. 11 c. Section 2-7-2.1 of the Frederick County Zoning Ordinances, which mandates that a conditional -use cannot change the rural character of adjoining property; d. Section 2-7-2.2 of the Frederick County Zoning Ordinances, which mandates that a conditional use cannot adversely affect the use and enjoyment of an adjacent property; e. Section 2-7-2.5 of the Frederick County Zoning Ordinances, which mandates that a conditional use must have adequate drainage; f. Despite the requirement set forth in Frederick County Zoning Ordi- nance Section 2-7-3 that a conditional use shall conform with all applicable regulations of the district in which it is located, run- off which adversely affects farm land zoned R-A fails to "maintain the rural character of ... the County and to accommodate farming...," contrary to the provisions of Section 4-1 thereof pertaining to R-A zones; and g. Despite the requirements of Frederick County Zoning Ordinance Section 2-7-3 set forth in paragraph 6.f. above, the subject con— crete parking slab "structure" (as defined in Section 18.1-1620 thereof as "any ran -made object having an ascertainable stationary location on or in land or water, whether or not it is affixed to the ground,,,") is closer than the 15-foot side yard set -back re- quired in R-A zones for primary and accessory uses and structures by Sections 4-4-3.2 and 4-4-3.4 thereof. 7. Conditional Use Permit #001-90 fails to contain the following applicable conditions: a. Conditions pertaining to the location of the building or use, in- cluding setback and yard requirements, as set forth in Frederick 4. 9 County Zoning Ordinance Section 2-7-4.1.4; i b. Conditions relating to the design of parking or loading areas as set forth in Section 2-7-4.1.10 thereof; c. Flooding preventions as set forth in Section 2-7-4.1.6 thereof; d. Stormwater management conditions as set forth in Section 2-7-4.1.- 19 thereof; e. On site and off site drainage improvements as set forth in Section; 2-7-4.1.27 thereof. f. Conditions pertaining to on site and off site sewer improvements as set forth in Section 2-7-4.1.26 thereof; and g. Environmental protections as set forth in Section 2-7-4.1.19 thereof; 8., On January 2, 1992, the State Water Control Board found that the build- ing to which Conditional Use Permit #001-90 applies was discharging industrial wastewater to the waters of the Commonwealth without benefit of the National Pollutant Discharge Elimination System permit required therefor under State Water Control law. 9. There is no solid artificial or natural screen at least five (5) feet in height to obscure the view of all exterior storage of parts and equipment in violation of Frederick County Ordinance Section 4-3-23.2 and the condition of the subject Conditional Use Permit set forth in paragraph 3.a. hereof. 10. There is nothing in the County's file to indicate that a new conditional use permit was issued when the use and occupancy of the premises changed by way of the execution of a written agreement between the owner and the current lessee: - thereof, in violation of the County's condition set forth in paragraph 3.c. hereof. 11. W. Wayne Miller is the Zoning Administrator of Frederick County, 5. 9 Virginia, who, by reason of his office, has, and at all times pertinent to these proceedings has had, certain clearly defined administrative responsibil- ities, duties and authority with respect to the Frederick County, Virginia Zon- ing Ordinances, February 14, 1990, as amended, pursuant to the provisions of Section 2-3-1 thereof, including, but not limited to the following: a. He shall serve written notice of a violation thereof to the person committing the violation, specifying the nature of the violation, and he shall order that the violation cease within a reasonable time specified by him, pursuant to Sections 2-3-2 and 2-5-3 there- of; b. If the violation continues after the time period specified in the notice of violation expires, he may initiate injunction, mandamus, abatement, or any other appropriate action or proceeding to insure compliance with the said zoning ordinances, pursuant to Sections 2-3-2 and 2-5-5 thereof; and c. He may initiate a misdemeanor criminal proceeding against any person who violates any provisions of the said zoning ordinances, pursuant to the provisions of Sections 2-5-1 and 2-5-5 thereof. 12. W. Wayne Miller additionally has the clearly defined duty to act, pur- suant to the provisions of Section 2-4-1 of the said Zoning Ordinances, when a building or structure is used or occupied in non-compliance with any applicable ordinances and regulations other than the Frederick County, Virginia Zoning Or- dinances. 13. The Petitioner has repeatedly, himself and through his counsel, com- municated the violations set forth herein to the said Zoning Administrator, but notwithstanding the foregoing allegations, he has refused and continues to refuse to act affirmatively in accordance with the administrative responsibil- I • ities, duties and authority conferred upon him by statute, regulation and ordi- nance to cause the subject conditional use to be brought into compliance with the law, or to terminate the same. WHEREFORE, your Appellant, as he is aggrieved and affected to his detri- ment by a determination made by the Frederick County, Virginia Zoning Admin- istrator, prays that he be demanded and compelled to act in accordance with the j powers conferred upon him to cause the subject conditional use to be brought into compliance with the law, or to terminate the same, by a date certain; and for such other and further relief as the nature.of this appeal may require. WILLIAM H. PFAHL i i BY ' Counsel . , A 1-4 ) — I _ ' ElizaPth Rust Williams Attorney at Law 17 S. Church St., P.O. Box 443 Berryville, Virginia 22611 (703) 955-4700, Counsel for Appellant Certificate of Service I hereby certify that on the.2nd day of July, 1992, I delivered or mailed,; postage pre -paid, a true copy of the foregoing Notice of Appeal to W. Wayne Miller, 9 Court Square, Winchester, Virginia 22601, Frederick County, Virginia Zoning Administrator. • Post Office Box 582 Stephens City, Virginia 22655 June 29, 1992 }31' Rober ; hl. Sager Supervisor, Frederick County, Virginia 179 Ha-rmon Drive UIA Stephens City, Virginia 22655 4 ^- 1 Dear M-r. Sager. "7� I am writing to query what are, in my opinion, inactions by_" re Frederick County Administration. On numerious occasions in the past several months, county employees have indicated that there are no problems associated with the property adjoining mine (Reference; Conditional Use Permits 011-83 and 001-90). Indeed, on December 18, 1991, the County Administrator wrote that "...if any of the allegations have merit..," he would take action. On December 26, 1991, he vrrote that there is "...nothing to substantiate the allegations..." Ah On December 30, 1991, the Frederick County Building Official wrote that ..all required permits... were -applied for and issued..." Under further examination, my attorney determined that the written health permit required by law was missing, and apparently never issued. When pressed, that Official admitted that a Certificate of Occupancy was issued "...by oral approval..." Further, on June 8, 1D92, the Zoning Administrator wrote that "In my opinion ... all the conditions...are being complied with..." Yet, Conditional Use Permit 001-90 requires in part that, "Exterior stora-e... shall be screened from view of surronding properties." In fact Mr. Sager, there is no screen and, in my opinion, other conditions, as well as numerous county ordinances, have never been complied with. In view of just these facts, I request that the Board of Supervisors direct the Frederick County Administration to apply all ordinances, section by section, in this matter. Si cerely yours, illiam H. Pfa V. cc: Richard Dick 0 John R. Riley, Jr. � • ��P I r - t F " i- iU-,r-rry+pt t hr 1 r. f c, rni fir, -V i I -cl Fr 1; t f W Arid 0 r hF f r,,i hi f Cl Im l PtiljG r, we r- t I 1) ,ter-Tn + and I r d P, d t ri t h u r t f r t f, Mrf, 1) 1 f-� July Pst, 199 L,e , f, 0,A01 i Vic, me* Tho ; or, 'I .P4. '*4 ".- . lewave a'Spq��l 12m 9perdtion Per e7 T Commonwealth of Virginia Department of H(901h Health Department i Identification No. . _C C - 9 2 - 08 Tax Map No. 8 5- A 5 2 1 F r e d e r i c k C o .Health Department _ Roy it Patricia 8 e a t t y is Hereby Granted Permisslor to Operate a (Type) I I Sewage Disposal System Having a Design Capacity of 450 South on Rt. 11 fmroSLe.Dhens_past gpd'3 SUBDIVISION SECTION/BLOCK LOT This permit is Issued in Accordance with the Provisions of 32.1, Chapter 6 of the Code of Virginia as Amended and Section(s) ? ' 22 of the Sewage Handling and Disposal Regulations of the Virginia Department of Health and with Previously Issued permits _ � A Qv S-0 F-3 — 3Sy - _ - - Dated _ with the understanding that the Owner and/or any Sub9equent Owner will operate the Sewage Disposal System in Accordance with the Sewage Handling and Disposal Regulations of the Virginia Department of Health and any Variances or Conditions Granted. Issuance of an Operating Permit does not imply or Guarantee that the Sewage Disposal System will Function for any Specified Period of Time. I�ARIANCFS GRANTED �t ' SPECIAL CONDITIONS NONE ❑ SEE ATTACHED / ❑ NONE SEE ATTACHED Effective Date y — cOm nded (SanitariaA) Approved (State Health Commissioner) CAS. 205 Rev- 4/43 .Completion Statement Commonwealth 'of Virginia State department Of Health Health Department cc q;2 —0F, ..� , WA e c�E/✓ �;., K, ti � � f�/� b4,Identification Number SDgg — 2D i, C 3`ZHealth Department Name of Company/Corporation/Individual: /f , lephone• i o 3 a'� A. 7Address: e^� Owner's Name�� _ Owner's Address Location of Installation: Lot __ Block Section: ubdivision: Other: 1� �S /lc.�f S ;�'.�.�d d.r� / � '' ,9,. �' � c. o �-,•�s � 1 hereby certify that the onsite sewage disposal system has been installed and completed in accordance with the con- struction permit Issued (date) / - -;',L _Z? and is in compliance with part D of the Sewage Handling and Disposal Regulations and when appropriate the plans and specifications for the project. ate Signature and Title - -----" �` Sewage Disposal System Construction Permit PAGE / _OF Commonwealth of Virginia Health Department cc 9;2 ~ °� Departm nt of Health Identification Number SL� 4 2 }• k e Health Department Mat) Reference - General Information New ❑ Repair ❑ Expanded ❑ Conditional W FHA ❑ VA ❑ Case No. Based on the application for a sewage disposal •system construction permit filed in accordance with Section 3.13.01, a CO traction permit is her sued to: Owner _FA 77y _- Telephone d lye Address AlWL&,✓ c�,a�4 y5 For a Ty a ._. 1r Saw"# disposal system which is to be constructed on/at Sa-Tn p,s a Fk .., Subdivision Section/Block i Lot T Actual or estimated water use `s 4 lfn AX, it1.4L4-7jrC_ C2E5i�,�L�. mAx DESIGN NOTE: INSPECTION RIESULT8 Water supply; existing: (describe) water supply location: Satisfactory yes no comments v , To be installed: class G. W. 2 Received: yes ❑ no ❑ not applicable Qf cased aroutad Building sewer: Building sewof yes no ❑ comments I.D. PVC 40, or equivalent. Satisfactory Slope 1.25" per 101(minimum). ❑ Other Septic tank: Capacity �5L � gals_ (minimum). Pretreatment unit: yes a no ❑ comments ❑ Other Satisfactory Inlet -outlet structure: 1-2'" idl.c Ac,2•ss ru 3 Inlet -outlet structure: yes Q�no c comments PVC 40, 4" tees or equivalent. Satisfactory ❑ Other Pump and pump station: Pump & pump station: yes 13 no ❑ comments No o Yes 2 describe and show design. Satisfactory if yes: _5U CI-s Gravity mains: 3" or larger I.D., minimum 6" fail per Conveyance method: yes ❑''Jno ❑ comments 100', 1500 lb. crush strength or equivalent. Satisfactory Other 2' 5�;, I. y� *� 4,U� S Distribution box: Distribution box: no p comments yesPrecast concrete with ports. Satisfactory C7 Other cx,J Pleader lines: Heber lines: yes ❑ no [p comments Material: 4" I.D, 1500 lb. crush strength plastic or equiva- Satisfactory lent from distribution box to 2' into absorption trench, Slope 2" minimum. r f• ' ! it Other fix, 5 771 A Percolation linesy Percolation lines: yes (] no p comments Gravity 4" plastic 1000 lb. per foot bearing load or Satisfactory equivalent, slope 2" 4" {min, max,) per 100'. ;- 1 / ❑ Other Absorption trenches: t XI ;T,iJ(, Absorption trenches: yes ❑ no ❑ comments Square ft. required : depth from ground surface Satisfactory to bottom of trench ; aggregate size - - Trench bottom slope r' center to center spacing ; trench width Date ' j - � j Inspected and approved by: Depth of aggregate � _ - < , . Trench length ; Number of trenches _ _ _ _. Susitattan; :.N.S. ZnA awrsw er4 CoN>i n-�ti,4t_ y r>1r}x c7CCt,PL�LIS ran it QECa161,&5' L FCL-CT►Vt oA/t D lartT�n rf�nLrH mpr, kicrr►✓es Gzl_L Or- 126 C o rz if 4 7f V A/ Schematic drawing of sewage disposal system and topographic features Health Department ce q2 —OF Identification Number 5­0 g 2 — R06 PAGE .,'� OF Show the lot lines of the building lot and building site, sketch of property Showing any topographic features which may impact on the design of the System, all existing and/or proposed structures Including sewage disposal systems and wells within 10l? feet of sewage disposal system and reserve area. The schematic drawing of the sewage diaposei system Shall show sewer lines, pretreatment unit, pump station, conveyance sys• tem, and subsurface soil absorption system, reserve area, etc- When a nonpublic drinking water supply is to be located on the same lot show all sources of pollution within 100 test- ❑ The information required above.ho^een drawn on the attached copy of the sketch submitted with the application. Attach additional sheets as necessary to illustrate the design. JtVST4j.L W-0 JAL. Pur►t p C144Z6Ce f Pnl d NSnf i-L Sck Ya Fa?cc n�,4iN gELa(�r rROsr (JnrF C a�e_") FDRC-E M41n! Ta OFE (Eb W-,a EXiS<iA)& Sp4rTV_ v %Vo7 to SCALE FENcE �, �(EEi7 AW_ AWj ?Af2,-S of -W-MZ S45TT+►t /NrN , jp" FRant •SMuGAWS MQ ST & U.AJCW RCZ odd _TN_wi"r_v,�) Ry 7-3o -9;:L FrAkt F, V t/ Cc CALL'C ] Iqi .if So it 3 -3:i4 'F— E Yr Srrn(r 7gNk r y/ tl to RF t � The sewage dit posal system is to be constructed as specified by the perrrift V_&. t}pched plans a' n-3 spe—Mications w{ . This seaoe disposal system construction permit Is null and void If (a) conditions are changed from thoso shown on the application (b) condi- tions are hanged,`from those shown on the construction permit. Mu s f aE _L(J$FALLL_') g No part of any Installation shelf be covered or used until inspected, corrections made--necessa , and approved, by the Local alth department or unless expressly authorized by the focal health dept, Any part of any Installation V01c* kaa �in�covered prior to approv shall be uncov- ered, it necessary, upon the direction of the Department. Date: G~ - �l Issued by: __... � . L 4 - _TFiis Construction SaniUrian Permit Valiid until Date: p evlewed. by: x _. ------------ ------- - ----- _SupegleorySa Itarl�a`n ......-------------- If FHA or VA financing Cow ejopt 4A dl0�rrt1(� Reviewed by Date Date _-- G.H.S. 2WA Revised &N Supervisory Sanitarian 11-?A FN_F eA-)PY Regionel Sanitarian Co P4MONWFALTH OF VIRGINIA OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 06{22/92 TIME: 16;�0:Z3 ACC;a�1IvT; 06�CLR9I=0005180 RECEIPT: zFOOA00?760 CA5HIER; VHB RES: WN1? TYPE: OTHER PAYMENT, FULL PAYMENT INSTROENT FREDERICK-WINCHE5TER7?9 PACE. 986 EX: N LOCALITY; Epl22/92 AT 1b:�0 GRANT" 'LAME : BEATTY, ROY El: N PERCENT: 100% AND ADDRESS : NONE IIATE OF DEED: 00/00/00 RECEIVED OF SNARR ETALS CHECK 113.00 DESCRIPTION 1: OP DIST 2: CONSIDERATION: ,00 ASSUMPTION: 00 MAP' CODE DESCRIPTION PAID CODE DESCRIPTION PAID CO 301 DEEDS 12.00 145 VSLF 1,00 TENDERED 13.00 AMOUNT PAID: +y,I CHANGE AMT ; CLERK OF COOPT: 6EOR5S B. WHITACRE DC-18 (292) • F?T'r3T;'F2TC''K—WTNT7. 'rT..F2 T= TTiTTT?(�NML'NT .1C.. F:F1F,7NT, rYI Roy & Patricia Beatty Route ], Rox 760 MiAdl etown, Vi rgini.a 22645 n"a r Mr. & Mrs. Beatty, Page 1. of .3 June 1.6, 1 g92 Re: Appl is aticin-Const rrjc•ti.on Permit With (ond i t•_ i ons, LOCATION: South On Route 11 From steph(•ng City On Right: Just Past 715 Frederick County Va . Tax Map# 85-A--5 (21) Health Department Tn#CC-92-08 Yoiir application for a r-ond it iona 1 sewage' d i glwisa l Gyst:rm <!on- Rtruction permit filed on June 01, 1.992 with Frc-df--rirk-Winr•}r��tr•.r F'nvi.ronment.a l Health Department- has been rrv:a l uat.eri in n!-r-ordanc f- wi th the requirement_H r.ontai n-d i n 1'.he rode of Vi ru i ni a ; Sort inn 32.1-164.1. and Section 2.13 of the SF-w;%q Flandli.ro And Di sspi,:9 I Regulations, (1988). Bass-d on the information f i.) cd wi t.h your aril i,c-at ion, soi 1 and ait:e evaluations c-onductPd by Lhe departmr'nt.'s rerrecicntat:ivrttl, and review and study of all data presentcd and available-, 17.111:, Is to i n form you that your application for a condi t: i ona l sewage cifspos3aI system construction pt,rimit is hryr('by iq)provr:d. A11 i tems listed below are a part of I:hp permit and the cond i t i c,n R that are and have been appli.Pd to the approval, installation anri use of the sewage disporG:al system. A. Th3 s Ie2tter is a }part of the +_c�ndi.t.i.onn 1 %;ewa0e di s pora 1 System c-onRt-rovi-ion permit issued .for the. abovr rrferenced loca- tion. S. The permit Rhall br, recorded and i.nrirY•�d .ire the gr,3nt.r -t i.tldex under- your name in the.. larrel records c-f Lh" Clerk of t.h- C:nuri- of Fredor. ic-k County. C. You must. furnish to the Frederick County Envi ronment.a l H- e 1 t-h Def+art.ment c-prtifi.c.Ai.ion, by the Clerk of the C.irc-u.it Court-, i.ndic-4t i ng the deed book number and p=acle number tgw.in which the Fuirmit: and all conditions have been r.r`rordo-d. A ropy of the certification shall be attar_heci f.o all ropips of t:hf­ 1,-4rmit prior - to giving validat-icin tro the building off.ir.i,t1 tot- isRtranrc• or a biii l.d.i.nq pf�rmi t . • • Re.: Apr>l .i.! at i.on-OonRt ruM. icon Pormi t. With s"ondi t iones BK7791PGp888 CC-92-OF Page :3 of 3 T v"rs if-,, thr informal icon provi.dod h-reri n is true and accurate to t:he hest of my knowledge and b-1 ipf:. , an.i.ta .an Subscribed, ac-knowled;les, and sworn to be.frirey me this� _r3ay c, f 19q2. i h, . a ry Publ. i r my 7ommi. s ; i.on expi. r�s February 28, 1992. T authorize that. this permit and je-tt't,r he rp,7nrdPd in t.hr, gran- t.eF index of the Clerk of the Circuit Court of F're&,ri,-k rount.y under my namo . 1 _,,. ,r, i r�n;�l.esrP SZxhGn,-ihFrl; Acknowledged, and swnrn to hr•fnre mr' this 22nd ejaY r,f June , 1 992. 1 Notary Ps.st,l ir. My commission e-xpires July 31st, 1993 rMT. I el w S-008,1 .1-92 FREDER t of m.iK wws""..t i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 June 8, 1992 Elizabeth Rust Williams 17 South Church Street P.O. Box 443 Berryville, VA 22611 RE: Your letter,. May 19, 1992, concerning PIN 85-A-5. Dear Ms. Williams: I have evaluated the comments, statements and allegations made in your letter of May 19., 1992. I will not address the health permit issue since I am aware that this situation is being addressed by the Health Department. In my opinion, the Conditional Use Permit #001-90 is current and all the conditions placed on this permit are being complied with at this time. I will be available to answer any additional questions you may have. Sincere y, W. WaynLministrator Miller Zoning THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 •Lord Fa it ax Environmental Aalth District 800 Smithfield Avenue P. O. Box 2056 Winchester, Virginia 22601 (703) 722-3480 FAX (703) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah. Warren, and City of Winchester (= t' 7' May 21, 1992 Roy R. Beatty Rt. 1, Box 760 Middletown, Virginia 22645 Re: Tax Map Number 85-A-5 Two Commercial Buildings Frederick County, Virginia Dear Mr. Beatty, The Frederick County Health Department has received continuing inquiries about the approval of two (2) commercial buildings on the above referenced property. In response to these inquiries, I wish to notify you of the following: 1. There is an approved drain field on the property serving the residence. This drainfield (SD-83-389) was installed and inspect- ed by the health department on June 06, 1984. It is designed to handle a maximum capacity of 450 gallons per day (three (3) bedrooms, or six (6) maximum full time occupants). 2. There is no record of approval or permit in the health de- partment for the newer commercial building (the body shop). There is a record of "Request For Comments -Conditional Use Permit (#001-90)" in which the health department stated it had "no objection" to the construction of the body shop "as long as a gas or electric -fired toilet is installed to handle human waste for a maximum of four (4) occupants". In conversations I have had with Mr. Trenary, County Building Inspector, the gas or electric -fired toilets do not meet Virginia Building Code minimum criteria. Apparently at the time of this request Mr. Beatty was sent back to the health department for further review and comment. For what happened after this, there is no written record or permit. The sanitarian who handled the "Request" no longer works for the department. 1 t//D#VDEKKTMENTo ,�,end ftr EffwawwW Mr. Beatty contends that sewage from the body shop is pumped over to the residence drainfield (SD-83-389). However, there is no permit to do this, nor is there any record that the health de- partment inspected same. 3. There is no record of approval or permit for the second commercial building. This building is older than the body shop and is located behind the residence. In a telephone conversa- tion, Mr. Beatty told me that I no longer had his permission to enter his property. Therefore, the facts about this second building are unknown to me. Based on the above, it appears that you are in violation of Virginia Sewage Handling and Disposal Regulations , the following sections: Section 1.8C: ALL BUILDINGS, RESIDENCES, AND STRUCTURES DESIGNED FOR HUMAN OCCUPANCY, EMPLOYMENT OR HABITATION AND OTHER PLACES WHERE HUMANS CONGREGATE SHALL BE SERVED BY AN APPROVED SEWERAGE SYSTEM AND/OR TREATMENT WORKS. AN APPROVED SEWERAGE SYSTEM OR TREATMENT WORKS IS A SYSTEM FOR WHICH A CERTIFICATE TO OPERATE HAS BEEN ISSUED JOINTLY BY THE DEPARTMENT AND STATE WATER CONTROL BOARD OR A SYSTEM WHICH HAS BEEN ISSUED A SEPARATE PERMIT BY THE COMMISSION- ER. Section 2.12A: PERMITS -GENERAL. NO PERSON OR OWNER SHALL CONSTRUCT, OPERATE, EXPAND OR MODIFY A SEWAGE DISPOSAL OR HANDLING SYSTEM WITHOUT A WRITTEN PERMIT FROM THE COMMISSIONER. A. SEWAGE DISPOSAL PERMITS. NO PERSON OR OWNER SHALI. CAUSE OR ALLOW THE CONSTRUCTION, EXPANSION OR MODIFICATION OF A SEWAGE DISPOSAL SYSTEM WITHOUT A WRITTEN CONSTRUCTION PERMIT FOR THE COMMISSIONER WHICH AUTHORIZES THE CONSTRUCTION OR MODIFICATIONS. FURTHERMORE, NO PERSON OR OWNER SHALL CAUSE OR PERMIT ANY SEWAGE DISPOSAL SYSTEM CONSTRUCTED AFTER THE EFFECTIVE DATE OF THESE REGULATIONS TO BE OPERATED WITHOUT A WRITTEN OPERATION PERMIT ISSUED BY THE COMMISSIONER WHICH AUTHORIZES THE OPERATION OF THE SEWAGE DISPOSAL SYSTEM, AND/OR NONPUBLIC DRINKING WATER SYSTF,M. CONDITIONS MAY BE IMPOSED ON THE ISSUANCE OF ANY PERMTT AND NO SEWAGE DISPOSAL SYSTEM SHALL BE CONSTRUCTED, MODIFIED OR OPERATED IN VIOLATION OF THESE CONDITIONS. LJ Via1AE.Ion of tho aevwq a Handling And Class I misdemeanor, with applicable title 32.1-27 Code Of Virginia. (see Disposal Regulations is a penalties as described in attached). Please submit any written documents or permits which you may have in your possession that refute the above stated information. Otherwise, you must submit a completed application for a sewage disposal system construction permit for each business, residence, or place where people congregate on your property that is not presently permitted. Such application(s) must be submitted to this office within ten (10) days of your receipt of this letter. Applications are available in this office or upon request. Tf permit(s) can be .issued when the application(s) are processed, the required construction must be completed and approved within sixty (60) days from the date of permit issuance. Tf no permit can be issued, the operation of the residence, business, or place where people congregate for which application was made must cease within sixty (60) days of your receipt of the rejection letter. Failure to comply as noted above may result in enforcement action with applicable penalties. Please contact me with any questions or comments you may have about this matter. I look eforward to your prompt response to resolve this matter. Sincerely, �Q Greg �loyd7 Sanitarian Frederick -Winchester Environmental Health Department GML/dw enc: 1. PC: Doug Dailey, Sanitarian Supervisor Frederick -Winchester Health Department Mohamed A. Khodr, MD., MPH., Health Director Lord Fairfax Health District Elizabeth Rust Williams, Attorney At Law 17 S. Church Street Berryville, Virginia 2261.1 • • John Trenary Frederick County Building Inspections 9 North Loudoun Street Winchester, Virginia 22601 Wayne Miller, Zoning Administrator Planning and Zoning Department 9 North Loudoun Street Winchester, Virginia 22601 Appendix A Excerpts from Title 32.1 Code of Virginia (1950) As Amended. The following are excerpts from Title 32.1 Code of Virginia•(1950) as amended which are perti- nent to these regulations. 32.1-12 Regulations, variances and exemptions. The Board may make, adopt, promulgate and enforce such regulations and provide for reasonable variances and exemptions therefrom as may be accessary to carry out the provisions of this title and other laws of the Commonwealth admin- ister( i by it, the Commissioner or the Department. 32.1-25 Right of entry to inspect, etc; warrants. Upon presentation of appropriate credentials and upon consent of the owner or custodian, the commissioner or his designee shall have the right to enter at any reasonable tilne onto any property to inspect, investigate, evaluate, conduct tests or take samples for testing as he reasonably deems necessary in order to determine whether the provisions of any law administered by the board, commissioner or department, any regula- tions of the board, any order of the board or commissioner or any conditions in a permit, license or certificate issued by the board or commissioner arc being complied with. If the commissioner or his designee is denied entry, he may apply to an appropriate circuit court for an inspection warrant authorizing such investigation, evaluation, inspection, testing or taking of samples for testing as provided in Chapter 24 of Title 19.2. 32.1-26 Orders; hearing and notice. The board is authorized to issue orders to require any person to comply with the provisions of any law administered by it, the commissioner or the department or any regulations promulgated by the board or to comply with any case decision, as defined in § 9-6,14:4, of the board or commissioner. Any such order shall be issued only after a hearing with at least thirty days notice to the affected person of the time, place and purpose thereof. Such order shall become effective'not less than fifteen days after mailing a copy thereof by certified mail to the last known address of such person. The provisions of this section shall not affect the authority of the board to issue separate orders and regulations to meet any emer- gency as provided in § 32.1-13. 32.1-27 Penalties, injunctions, civil penalties and charges for violations - A. Any person willfully violating or refusing, failing or neglecting to comply with any regulation or order of the board or commissioner or any provision of this title shall be guilty of a Class 1 misdemeanor unless a different penalty is speed. B. Any person violating or failing, neglecting, or refusing to obey any lawful regulation or order of the board or commissioner or any provision of this title may be compelled in a proceeding insti- tuted in an appropriate court by the board or commissioner to obey such regulation, order or provision of this title and to comply therewith by injunction, mandamus, or other appropriate remedy. C. Without limiting the remedies which may be obtained in subsection B, any person violating or failing, neglecting or refusing to obey anyinjunction, mandamus or other remedyobtained pursu- ant to subsection B shall be subject, in the discretion of the court, to a civil penalty not to excefd ten thousand dollars for each violation. Each day of violation shall constitute a separate offense. 4. Such civil penalties may, in the discretion of the court assessing them, be directed to be paid into 86 the treasury of the county, city or town in which the violation occurred, to be used for the purpose of abating environmental pollution therein in such manner as the court may, by order, direct, except that where the owner in violation is such county, city or town itself, or its agent, the court shall direct such penalty to be paid into the State treasury. D. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the board or commissioner or any provision of this title, the board may provide, in an order issued by the board against such person, for the payment of civil charges for past violations in spec sums, not to exceed the limit specified in subsection C. Such civil charges shall be instead of any appropriate civil penaltywhich couldbe imposed under subsection C. 32.1-30 Local health departments.- Each county and city shall establish and maintain a local department of health which shall be headed by a local health director. Each such local health director shall be a physician licensed to practice medicine in this Commonwealth. 32.1-31C Whenever in the opinion of the State Health Commissioner the operation of any local health departments operated under contractual agreement with the board maybe accomplished in a more efficient and economical manner by the consolidation of such local health departments, the commissioner may propose the creation of a district health department composed of such local health departments. Such district health department shall be created by resolution duly adopted by the governing body of each county and city to be included in such district. Chapter 6. Environmental Health Services Article 1. Sewage Disposal. (Effectjve January 31, 1985) 32.1-163 Definitions. As used in this article, unless the context clearly requires a different meaning: 1. "Owner" means the Commonwealth or any of its political subdivisions, including sanitary dis- tricts, sanitation district commissions and authorities, any individual, any group of individuals acting individually or as a group, or any public or private institution, corporation, company, partnership, firm or association which owns or proposes to own a sewerage system or treatment works. 2. "Review Board" means the State Sewage Handling and Disposal Appeals Revil v Board. 3. "Regulations" means the Sewage Handling and Disposal Regulations, heretofore or hereafter enacted or adopted by the State Board of Health. 4. "Sewage" means water -carried and nonwater carried human excrement together with such kitchen, laundry, shower, bath, lavatory, underground, surface, storm and other water and liquid industrial wastes as may be present from residences, buildings, vehicles, industrial establishments or other places. 5. "Sewerage System" means pipelines or conduits, pumping stations and force mains and all other construction, devices and appliances appurtenant thereto, used for the collection and 87 •: l.- - , 1 )i ELIZABETH RUST WILLIAMS MriY 2 1 I992 i ATTORNEY AT LAW 17 S. CHURCH STREET POST OFFICE BOX 443 BERRYVILLE. VIRGINIA 22611 -� TELEPHONE (703) 955-4700 May 19, 1992 W. Wayne Miller Frederick County Zoning Administrator 9 Court Square Winchester, Virginia 22601 Re: Frederick County Tax Map No. 85-A-5 Dear Mr. Miller: As a result of a Freedom of Information Act request, I am in receipt of your December 21, 1992 "Memo For Record," to the effect that you inspected the above - captioned premises on that date, but found nothing significant to substantiate facts alleged in my letter to the County Administrator of December 16, 1991. Since that time, a number of additional facts have surfaced. In light of Section 2-4-1 of Frederick County Zoning Ordinances, February 14, 1990, as amended, which states that "no building or structure shall be used, occu pied, developed, located, relocated, constructed, reconstructed, enlarged or struc- turally altered except in compliance with the terms and provisions of this Chapter and any other applicable ordinances and regulations," (emphasis added), please be advised of the following: 1. The State Water Control Board found on January 2, 1992 that the building to which Conditional Use Permit #001-90 appli.es discharges industrial wastewater to the waters of the Commonwealth without benefit of the National Pollutant Discharge Elimination System permit required therefor under State Water Control Law. As of April 28, 1992, the owner of the subject premises had yet to apply for a permit. 2. According to Health Department records, there is no approved and valid permit for the discharge of treated or untreated sewage onto the land or into the soil of the Commonwealth from at least one of the two commercial buildings designed for human employment located on the above -captioned property, despite the mandates of Sections 1.8(B) and (C) of Virginia's Sewage Handling and.Disposal Regulations, May 1989, as amended. 3. According to Building Department and Health Department records, there was no written certification to the Frederick County Building Official, prior to his issuance of Building Permit No. 19995, that "safe, adequate and,proper sewage treat- ment is or will be made available to such building," as is required by Section 32.1- 165 of the Code of Virginia, 1950, as amended. 4. According to County records, there was no application to the County Plan- ning Department and, in turn,a recommendation from The Lord Fairfax Soil and Water c Conservation District for Soil Erosion and Sedimentation Control Plan approval and a permit to disturb some 20,000 square feet of land in order to construct a con- crete slab parking area without adversely affecting adjoining property by erosion and flooding as a result thereof, as is required by Virginia Erosion and Control Law and General Criteria, 1990, as amended, Sections 10.1-560(11), 10.1-563(A) and GC-3. Further, with regard to Conditional Use Permit #001-90 itself: 5. There is no solid artificial or natural screen at least five (5) feet in height to obscure the view of "exterior storage of parts," as required by paragraph 2 thereof. 6. The said paragraph 2 is contrary to Frederick County Zoning Ordinance 4-3- 23.2, which requires that "all exterior storage of parts and equipment shall be screened." 7. There is nothing in the County's file to indicate that this permit was re- viewed upon it expiration on March 28, 1991, as required by paragraph 3 thereof. 8. There is nothing in the County's file to indicate that a new conditional use permit was issued when the use -and occupancy of the premises changed by way of the execution of a written rental agreement between the owner and the current lessee thereof, as required by paragraph 4 of said conditional use permit. 9. As more particularly set forth in paragraphs 2 and 3 herein, "adequate (pro- perly approved) health facilities that meet code requirements" are not being provided, as required by paragraph 6 thereof. . And last, with regard to County zoning ordinances pertaining to conditional use permits: 10. This commercial use changes the rural.character of adjoining properties de- spite the mandates of Section 2-7-2.1 thereof. 11. Inspection of adjoining property would reveal that run-off from the roof, the concrete parking slab, and emission from underground drains from the subject premises have rendered adjacent property increasingly unarable, thereby "adversely affect [ing its] use and enjoyment," and its "natural character," despite the man- dates of Sections 2-7-2.2 and 2.7-2.4 thereof. 12. As more fully set out in paragraphs 2, 3 and 9 herein, "adequate facilities" are not being provided, despite the mandates of Section 2-772.5 thereof. 13. As more fully set out in paragraph 11 hereof, "adequate drainage" is not being provided, despite the mandates of Section,2-7-2.5 thereof. 14. Despite the requirement set forth in Section 2-7-3 thereof that a "con- ditional use shall conform with all applicable regulations of the district in which it is located," a. runoff which adversely affects farm land zoned R-A fails to "maintain the rural character of. . .the County and to accommodate farming. .," contrary to the provisions of Section 4-1, and • b. a concrete parking slab "structure" (as defined in Section 18.1- 1620: "any man-made object having an ascertainable stationary location on or in land or water, whether or not it is affixed to the ground. . .") is closer than the 15-foot side yard set -back required in R-A zones for primary and accessory uses and structures by Sections 4-4-3.2 and 4-4-3.4. 15. Use permit conditions were modified by an unapproved addition of a con- crete slab parking area despite the mandate of Section 2-7-4 that "conditions of the permit may be modified.only through full application procedures set forth in Frederick County Ordinances." 16. Conditions pertaining to the "location of the building or use or lot, in- cluding setback and yard requirements," as set forth in Section 2-7-4.1.4 were not imposed. 17. Flooding preventions as set forth in Section 2-7-4.1.6 were not imposed. 18. Conditions relating to the "design of parking or loading areas" as set forth in Section 2-7-4.1.10 were not imposed. 19. Stormwater management conditions as set forth in Section 2-7-4.1.19 were not imposed. 20. Environmental protections as set forth in Section 2-7-4.1.19 were not im-. posed. 21. Conditions pertaining to on site and off site sewer improvements as set forth in Section 2-7-4.1.26 were not imposed. 22. On site and off site drainage improvements as set forth in Section 2-7- 4.1.27 were not imposed, and 23. On site and off site road, entrance or driveway improvements as set forth in Section 2-7-4.1.28 were not imposed. In light of the enforcement provisions set forth in Frederick County Zoning Ordinances 2.5 through 2-5-6, together with the fact that most of these matters were brought to the County`s attention over two years ago, and again almost five months ago, please advise by return mail how, and when, you intend to proceed in this matter. Sincerely yours, Elizabeth Rust Williams cc: Robert M. Sager, Frederick County Supervisor John R. Riley, Jr., Frederick. County Administrator James A. Preston, Regional Water Resources Manager, Virginia State Water Control Board 0 E Dr. Earl Virts, Regional Health Director, Northern Regional Office Dr. Mohamed A. Khodr, MD., M. PH., Health Director, Frederick County Environmental Health Department Doug Dailey, Sanitarian Supervisor, Frederick County Environmental Health Department Greg Lloyd, Sanitarian, Frederick County Environmental Health Department John S. Trenary, CPCA, Frederick County Building Official 4 P/C Review - 3/7/90 BOS Review - 3/28/90 CONDITIONAL USE PERMIT #001-90 ROY AND PATRICIA BEATTY 15.45 Acres Garage & Body Repair LOCATION: 1 3/4 miles on Route 11, south of Stephens City on' west side MAGISTERIAL DISTRICT: Opequon ADJACENT LAND USE AND ZONING: RA (Rural Area) agricultural use TAX MAP AND PARCEL NUMBER: Tax map 85, parcel 5 PROPOSED LAND USE & IMPROVEMENTS: Garage with body repair REVIEW EVALUATIONS: Va. Dept. of Transportation - No objection to conditional/special use permit for this 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 minimum commercial standards. Fire Marshal - Water available on property. No problem with this development. Inspections - This request for CUP approval, shall comply to use group "S" storage section 310.0 of the BOCA National Building Code 111987" Health Dept. - No objection as long as a gas or electric fired toilet is installed to handle human waste for a maximum of four (4) occupants. Planning and Zoning - The applicant is requesting a conditional use permit for an auto garage and body repair activity with a maximum of four (4) employees. The applicant currently has a CUP (#011-83) to operate a garage and body shop at this location. This CUP was restricted to no employees and was conducted in an existing garage. This new application is requesting utilization of an additional 60' x 70' building and four (4) employees. This activity is permitted in the RA (Rural Area) Zoning District provided the following conditions be met: Page 2 Beatty CUP 1. All repair work shall take place entirely within an enclosed structure. 2. All exterior storage of parts and equipment shall be screened from view of surrounding properties by an opaque fence or screen at least five (5) feet in height. This fence or screen shall be adequately maintained. 3. That the applicant find a solution to the comments of the Health Department which offers no objection as long as a gas or electric fired toilet is installed. The building official advises this type of health system is not authorized by code. STAFF RECOMMENDATIONS FOR 317190: Approval with the following conditions: 1. All repair work shall take place entirely within an enclosed structure. 2. All exterior storage of parts shall be screened from view of surrounding properties by a solid artificial or compact natural screen of at least five (5) feet in height, which shall be maintained as long as such exterior storage is conducted. 3. This will be a one-year permit to be reviewed and renewed annually. 4. If the use, occupancy or ownership of the property changes, this conditional use permit shall expire and a new CUP will be required. 5. Hours of operation shall be limited to 7:00 am until 7:00 pm, Monday through Saturday. 6. Adequate health facilities that meet code requirements must be provided. 7. Retailing or wholesaling of used vehicles will not be permitted from this site. PLANNING COMMISSION RECOMMENDATIONS OF 317190: Unanimous approval with the following conditions: 1. All repair work shall take place entirely within an enclosed structure. Page 3 Beatty CUP 2. All exterior storage of parts shall be screened from view of surrounding properties by a solid artificial or compact natural screen of at least five (5) feet in height, which shall be maintained as long as such exterior storage is conducted. 3. This will be a one-year permit to be reviewed and renewed annually. 4. If the use, occupancy or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 5. Hours of operation shall be limited to 7:00 a.m. until 7:00 p.m., Monday through Saturday. 6. Adequate health facilities that meet code requirements must be provided. 7. Retailing or wholesaling of used vehicles will not be permitted from this site. Cm • i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 June 8, 1992 Elizabeth Rust Williams 17 South Church Street P.O. Box 443 Berryville, VA 22611 RE: Your letter, May 19, 1992, concerning PIN 85-A-5. Dear Ms. Williams: I have evaluated the comments, statements and allegations made in your letter of May 19, 1992. I will not address the health permit issue since I am aware that this situation is being addressed by the Health Department. In my opinion, the Conditional Use Permit #001-90 is current and all the conditions placed on this permit are being complied with at this time. I will be available to answer any additional questions you may have. Sincere y, 0). 0 � W. Wayn Miller Zoning dministrator THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 December 27, 1991 MEMO FOR RECORD: On the above date I had a telephone conversation with Mr. Terry Mezzateste, General Manager, Stickley Ford, Strasburg, VA. Mr. Mezzateste advised me during this conversation that Stickley Ford was renting the auto body repair facility owned by Mr.Roy R. Beatty and that a written rental agreement had been consummated. He further advised me that the four employees working at the Beatty facility were Stickle!ord employees. The Beatty property is identified as parcel A- 5 located approximately 1 and 3/4 miles south of Stephens City on the west side of Route 11S and is further identified as Deerfield Motors. I visited this property on December 20, 1991 accompanied by Mr. Ed Strawsnyder, County Engineer, and Mr. John Trenary, County Building Official. The purpose of the visit was to inspect the property for possible code or zoning violations that were alleged in a December 16, 1991 letter from Elizabeth Rust Williams, Attorney, to Mr. John R. Riley, Jr., County Administrator. We found nothing significant to substantiate the allegations in the above mentioned letter. fW. Wayn Mille Zoning dministrator 0 December 27, 1991 MEMO FOR RECORD: On the above date I had a telephone conversation with Mr. Terry Mezzateste, General Manager, Stickley Ford, Strasburg, VA. Mr. Mezzateste advised me during this conversation that Stickley Ford was renting the auto body repair facility owned by Mr. Roy R. Beatty and that a written rental agreement had been consummated. He further advised me that the four employees working at the Beatty facility were Stickle-y---�5rd employees. The Beatty property is identified as parcel A-8 located approximately 1 and 3/4 miles south of Stephens City-n " he west side of Route 11S and is further identified as Deerfield Motors. I visited this property on December 20, 1991 accompanied by Mr. Ed Strawsnyder, County Engineer, and Mr. John Trenary, County Building Official. The purpose of the visit was to inspect the property for possible code or zoning violations that were alleged in a December 16, 1991 letter from Elizabeth Rust Williams, Attorney, to Mr. John R. Riley, Jr., County Administrator. We found nothing significant to substantiate the allegations in the above mentioned letter. i W. Wayn Mil er zoning dministrator ELIZABETH RUST I ILLIAMS ZZ ATTORNEY AT LAW 17 S. CHURCH STREET • rr POST OFFICE BOX 443 BERRYVILLE. VIRGINIA 22611 - r� TELEPHONE (703) 955.4700 December 16, -1991 John R. Riley, Jr. Frederick County Administrator 9 Court Square Winchester, Virginia 22601 Re: Frederick County Tax Map No. 85-A-5 Dear Mr. Riley: This office represents a Frederick County landowner whose property is being adversely affected as a result of certain practices taking place a- long the western boundary line of the above -captioned parcel. As its owners, Roy R. and patricia G. Beatty, appear to be unwilling to take steps to correct these conditions, this is to have to direct your attention to the following: 1. Erosion and flooding because of a concrete slab parking area constructed on the subject premises for commercial use in connection with a garage/body shop. During its construction, land which appears to be more than 10,000 square feet in area was disturbed, apparently without the owners' having first obtained the re- quisite Soil Erosion and Sedimentation Control Plan approval and permit. 2. Building Permit No. 19995 does not authorize the construction of this concrete slab parking area. 3. This concrete structure is closer to this parcel's western boundary than county set -back requirements allow. 4. Flooding and possible pollution by the discharge of untreated sewage from the premises. Conditional Use Permit #001-90 provides that this garage/body shop have adequate health facilities that meet code requirements for a maximum of four occupants. According to the Health Department, however, no application was ever filed for an onsite sewage disposal system permit. 5. Effluent from roof run-off, stormwater run-off, and two pipes that have been constructed between the garage/body shop and my client's property may also contain oil, residue from paint spraying, and the other toxic and/or ignitable substances usually affiliated with garage/body shops, in violation of county or- dinance, as well as state and federal statutes. 6. Inadequate drainage facilities and stormwater management at this site in violation of county ordinances. Last, was Conditional Use Permit #001-90 reviewed and renewed on or before March 28, 1991? If so, when and after what type of review? Was a new conditional use permit applied for because of a change in the occupancy of the subject premises? Kindly investigate these matters at your earliest opportunity, and let me know how you intend to respond by no later than the first week of January. Thank you for your assistance. Sincerely yours, ctlki it, LL-Lt JL�a-M2- Elizabeth Rust Williams M COUNTY of FREDERICK John R. Riley, Jr. County Administrator 703/665-5666 FAX: 703/667-0370 December 18, 1991. Elizabeth Rust Williams Attorney At Law P. O. Box 443 Berryville, VA 22611 Re: Frederick County Tax Map No. 85-A-5 Dear Ms. Williams: By copy of this letter I am requesting Mr. Wayne Miller, Frederick County Zoning Administrator, to investigate your client's complaint and respond back to me. Once we have determined if'any of the allegations have merit, we will advise you of.the course of action the county will pursue. Please contact me if you have further questions on this matter. Si ely, John R. Riley, Jr. County Administrator JRR/tjp cc: W ., Wayne Mi l ler VI Lawrence R. Ambrogi 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 0 Be y - 4fUP 25. • L; j MAR 2 7 1990 Mr. & Mrs. Roy R. Beatty Route 2, Box 289 Stephens City, Virginia 22655 Post Office Box 582 Stephens City, Virginia 22655 March 26, 1990 Re: Our conversation of March 25, 1990. Sir: I have considered your requests (with reference to my letter of March 23, 1990) at length, and have come to the conclusions as follows: 1. As per the survey you cited, I will agree to the placement of markers at 100 foot intervals (to be completed by March 28, 1990), if they conform to the survey as recorded in the Frederick County Courthouse Deed Book 567 page 278. 2. After considerable consideration as to the type of fence to replace the fence that you removed, I would like an opaque chain link fence, set in concrete, six feet in height with barbed wire top strands. Construction to be started by March 28, 1990 and be completed in a timely fashion. 3. It is my understanding that you have agreed that no equipment will be allowed to enter the field adjacient to our common boundry. 4. Based on our conversation and it is my understanding, all construction reference Arour Conditional Use Permit Application #001-90 will not begin until the,Frederick County Board of Supervisors meeting March 28, 1990. Should you have quesitions regarding the above, I can be reached at the following until March 27, 1990: (703) 869-2379• Thank you. Sincerely yours,` William H. Pf 1 V. cc: Mr. John Riley, County Administrator. Mr. Robert Watkins, Director Planning & Development. Mr. W. Wayne Miller, Zoning Administrator. Post Office Box 582 Stephens City, Virginia 22655 March 26, 1990 Chairman, Frederick County Board of Supervisors Thru: Mr. W. Wayne Miller, Zoning Administrator Department of Planning and Development 9 Court Square Post Office Box 601 Winchester, Virginia 22601 Re: Letter of March 14, 1990, Conditional Use Permit Application #001-90. Sir: I am the fee simple owner of the property directly affected by this application. Due to conflicts of my employment, I was unable to be present at the Planning Commission hearing earlier this month. However, I do have several concerns with reference to this application, based on our conversation and other data. I am of the opinion that the Conditional Use Permit Application #001-90 if granted, would be in violation of one or more of the Frederick County Zoning Ordinance, including; page 21-2-10, Para; 2-7-2.5, 2-7-3, 2-7-4, 2-7-4.1.19, 2-7-4.1.20, 2-7-4.1.27, 2-7-4.1.28. In addition, it is my opinion that the original Conditional Use Permit (#011-83 dated Nov. 3, 1983) has been in violation of one or more of the Frederick County Zoning Ordinance, including; page 21-2-10, Para; 2-7-4, 2-7-4.1.4, 2-7-4.1.5, 2-7-4.1.69 2-7-4.1.13, 2-7-4.1.14, 2-7-4.1.15. Also, I am of the opinion that the applicant is in violation of the Virginia Erosion and Control Handbook Section.10.1-563,, Section 21-89-3a and General Critera GC-3 Protection of Adjoining Properties. It is my opinion that the additional runoff created by the granting of Conditional Use Permit #001-90 would be increased by a factor of 5. This is based on information and data furnished by the District Conservationist of the Soil Conservation Service U.S. Department of Agriculture. Because of the nature of my employment, I will be unable to attend. the Board of Supervisors meeting March 28, 1990. Therefore, I respectfully request this letter to be read into the record and to be made a part of those procedings and a written response provided to me at the above address, or to the following; Mr. William H. Pfahl % AER TURAS Sharbatly Village Villa: 22-14 Post Office Box 3249 Jeddah 21471, Saudi Arabia Thank you. Sincerely yours, William H. Pf 1 cc: Mr. Dudley Rinker, Supervisor Opequon istrict Mr. John Riley, Administrator Frederick County y Post Uffice 'Jox 582 Stephens City, Virginia 22655'` - ch 23, 1990 1& - & Srlrs . 1oy R . Beatty Route 2, 3ox 289 Stephens City, Virginia 22655 Sir: This letter will reference concerns of the undersigned to your Conditional Use reranit Application #001-90 (dated 2-6-go), to be considered for approval/denial by the Frederick County Hoard of Supervisors on !;,arch 28, 1990. In view of .your actions over the past several days 1 feel co>rpelled to ask ,you for the followings 1. Please, reestablish our joint property line with markers (at 100 foot intervals) by CERTIFIED LAND SURVEY. 2.. Please, reinstall the fence that you removed along our joint property line as per your application fi001-90: page 2, paragraph 2; Staff' Recomendations. 3. Please, do not allow any equip:;ient to enter the field adjacient to our coiiimon boundry. 4. please, -cease all construction with reference to.your application #001-90 until the Frederick County Supervisors -weeting on March 23,. 1990. Should you have quesitions re�;;arding these requests I can be reached at the following until Tuesday tviarch 27, 1990; (703) 869-2379• Thank you. Si ere �V/Iilil&am x. Pfah /V. / c . c . a Mr- John iiiley, , County inistrat/br. . V iv;r., }:o'bert Watkins, iJirector Pla.ni'1].nC, & Developiiient. i-�r. �'Ja-yrne L. .Tiller, uonin„ Adm.-inistrator. 21-2-10 2-6 REZONING Preapplication Discussion with Planning Director/ Zoning Review Committee Complete Petition and Proffers filed with Zoning Administrator Fee Paid Advertisement for Public Hearing of Planning Commission Planning Commission Meeting Recommendation of Planning Commission Board Of Supervisors Public Hearing Rezoning Denial of Rezoning Granted 2-7 CONDITIONAL USE PERMITS Certain uses in each zoning district are listed as being allowed with a conditional use permit. Because of their particular nature, such uses must be separately considered to protect the health, safety, and welfare of the residents of the County and to avoid adverse impacts on surrounding properties. 2-7-1 The Board of Supervisors shall approve or disapprove, as a legislative function with recommendation from the Planning Commission, requests for conditional use permits. 2-7-2 STANDARDS - In considering whether to approve a conditional use permit, the Board shall consider the following standards: 2-7-2.1 The conditional use shall not tend to change the character and established pattern of development of the area of the proposed use. 2-7-2.2 The conditional use shall be in harmony with and shall not adversely affect �_. the use and enjoyment of surrounding properties. s 21-2-11 2-7-2.3 The conditional use shall be in accord with the polices expressed in the Comprehensive Plan of the County and with the intent of this Chapter. 2.7-2.4 The conditional use shall not adversely affect the natural character and environment of the County. 2-7-2.5 The conditional use permit. shall be approved only if adequate facilities, roads, safe access, and drainage are provided. 2-7-3 The conditional use shall conform with all applicable regulations of the district in which it is located. 2-7-4 CONDITIONS - In granting a conditional use permit, the Board of Supervisors may place appropriate conditions on the permit. Such conditions shall be considered to be a part of the requirements of this Chapter. Violations of the established conditions shall constitute violations of this Chapter. The conditions established as a part of the approval of a conditional use permit may be modified only through the full application procedures described in this section. 2-7-4.1 Conditions which may be placed on the conditional use permit may include but need not be limited to conditions which address the following issues: 2-7-4.1.1 Length of time or duration of the permit. 2-7-4.1.2 Periodic renewal. 2-7-4.1.3 Guarantees or bonds to insure timely compliance with the imposed conditions. 2-7-4.1.4 Size and location of the building or use or lot, including setback and yard requirements. 2-7-4.1.5 Appearance or maintenance of the building or use. 2-7-4.1.6 Prevention of smoke, odors, fumes, dust, noise, traffic congestion, or flooding. 2-7-4.1.7 Lighting of the site. '_-7-4.1.8 Access to site, including the location and number of access points. Road improvements, including increasing road widths. 2-7-4.1.10 Numbers of parking or loading spaces and design of parking or loading areas. 21-2-12 2-7-4.1.11 Number, size, location, lighting, and character of signs. 2-7-4.1.12 Landscaping. 2-7-4.1.13 Fencing, buffers, and screening. 2-7-4.1.14 Outdoor operations and storage. 2-7-4.1.15 Limits on occupancy or numbers of employees. 2-7-4.1.16 Density or intensity of the use. 2-7-4.1.17 Building height. 2-7-4.1.18 Hours of operation. 2-7-4.1.19 Stormwater management and other environmental protections. 2-7-4.1 20 Methods of providing for sewage disposal and water supply. 2-7-4.1 21 Preservation and protection of trees, woodlands, streams or other natural features. 2-7-4.1.22 Site plan and other plan requirements. 2-7-4.1.23 Limitations on the use of the land. 2-7-4.1.24 Limitations on the type of housing provided. 2-7-4.1.25 Limitations on the density or intensity of the use. 2-7-4.1.26 On site or off site sewer or water improvements. 2-7-4.1.27 On site or off site drainage improvements. 2-7-4.1.28 On site or off site road, entrance or driveway improvements. 2-7-4.1.29 Requirements concerning the phasing or timing of development. 2-7-4.1.30 The dedication of land for planned roads or for facilities identified in the Frederick County Capital Improvements Plan. 2-7-4.1.31 The- construction of planned roads or necessary road improvements. 2-7-4.1.32 The construction of facilities identified in the Frederick County Capital Improvements Plan. REQUEST FOR CUP COMMENTS Frederick -Winchester Health Department ATTN: Herbert L. Sluder, Sanitation Engineer P.O. Box 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of development and/or description of the request: Location: Health Department Comments: Health Signature and Date: (NOTICE TO HEALTH DEPT. - PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA Conditional Use Permit No. 0®J - `!'0 Submittal Deadline is �C) Application Date 0?1- 69-�P/C Meeting: pb2gyj 7,��� Fee Paid `7— B/O/S Meeting: 1. APPLICANT (The applicant is the /owner other (check one) NAME: 149 ;e X6�19 ADDRESS: .�zc_ TELEPHONE: 2. Please list all owners of the property, occupants, or parties in interest: 3. The property is located at (please give exact directions) 4. The property has a frontage of feet and a depth of jtre.5 feet and consists of acres. (Please be exact) 5. The property is owned by '�� 6 • as evidenced by deed from _ L"e-"'�/recorded in deed book no. j 7 on page Z74, , registry of the County of 6. 21=Digit Property Indentification No:�'- c,��c� /��<� �r�e��.•��_vU�,b Magisterial District: 7. Adjoi ning J g Land Use Adjoining Zoning'- 8. The type of use proposed is 9. It's /proposed that tth property will be pout to the following use: / �i%/"�e� 10. It is proposed that the following buildings will be constructed: 11. 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 sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. [PLEASE LIST COMPLETE 21-DIGIT NUMBER] NAME 1. ,�12G� / AdddJr//es s : / / / , L/ Property ID# 2. �J✓/VC� . , /) K] �f1✓"tSl �/ Address: /��j_ /// [// y� Xv / /9"-, C f� �L- i/lr � -S 1.J/ d Property ID#:,�/ C-J 7 �' �")G'.� C7 '�/z O O /J 1.J c.� fS •.." !7 C> C' c> C._S •�, U 3. i� Property ID# _ ' 2 CS-S` Page Two Conditional Use Permit Ci:" Address: _ C Property ID#: �' � "�C7C� f� cc� w v c`ac� b -- 6 c� c� c'� •-c %c� J.� 5, Address: Property IN: 6. Address: Property ID#: 7, Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 12. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this application. Signature of Applicant: Signature of Owner: Owners' Mailing Address: 165'elK -1-7�CE5�Y .S-- Owners' Telephone No: s-2— c i �<,x For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) 7, 99d Approval Denial SECRETARY (signed)- -� BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) �,{L� �� j9gD Approval Denial COUNTY ADMIN. (signed) I Iroo' �? �F� %7 E i✓ s �� may, �^' 5oa 95000-A00-0000-nC00-00 3�,-0 -� ATTYt ROY R. & PATRCIA G. R17,UTE 2 289 VAUCLUSE 15.45�A2 AG 36000 13400 STEPHEhS ITY•VIRGINIA 22655 R5000—A00-0000-0000-0003-0 PEAHL MARL RETT r �A _ BeB. � ALS A - - V LL-Y FiKC 175.00 A2 AG b 211♦ 00 56 30 • 0 C/O RALPH 3AUSFRMAN RT. 2 BOX 259 STEPHENS CITY, VA. 22655 S9000—A00-0000-0000-0004-0 RUSSELLt ANN S. VAUCLUSE 18.60 A2 AG 409900 65000 RT. 1 BOX 30 TEPHENS CITY9 VA. 22655 R5000-AOO-0000-0000-0006-0 CHUMLEY• BETTYE R. VAUCLUSE 196.80 A2 AG 191.200 4.100 RT. 21 BOX 285-A STEPWNS CITY• VA. 22655 Rr-000-A00-0000-0000-001S-) POWERSi TUNSTALL Co FT ALS VALLEY PIKE 229.74 A2 AG 287.800 59000 Lie P.O* BOX 240 MIL'OLr_TOWN, VA. 22645 � s • 1] A COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 March 14, 1990 TO THE APPLICANTS) and/or ADJOINING PROPERTY OWNER(S) The Application of: Roy and Patricia Beatty. Conditional Use Permit Application #001-90 For: a garage with body repair activity. This property is located 1 3/4 miles south of Stephens City on Route 11 in the Opequon Magisterial District. This conditional use permit will be considered by the Frederick County Board of Supervisors at their meeting of March 28, 1990 at 7:15 p.m., in the Board of Supervisors meeting room, the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, W. Wayne Miller Zoning Administrator WWM/slk 0 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on March 14, 1990 fie the Department of Planning an velopment, Frederick County, Virginia: BErTT`J ROY R•. a PnTiCIA G. s 1 ROUTE 2 BOX 289 ,STEPHENS CITY�V1RGINIA _ 2265_5 t'FAHL A 11A3tGARET 13p ET ALS C/O RALPH 13A(JSE i-",MAN RT. 2 BOX .259 STEPFIENS C:ITYT VA. 22655 I 3MUSSELL,, 04K, ;his 1 BOX 0 STEPHENS C I i VA. 22655 To 2.2 BOX 285--A i STEPHENS C I TY9 VA. 226.3i, _ � . I 1 ONIE1 S.i TIJNSTALL Co I:T ALS P.O. U_i(X 240 MIDDLE i 014Ny 53An 2 264.5 W. Wayne Mil er, Zoning Administrator Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK Renee 5:.1#rlotta , a Notary Public in and for the state and county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated March 14, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 14th day of March 1990, My commission expires on -!::March 23, 1991 I COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703 / 667-0370 February 21, 1990 TO THE APPLICANTS) and/or ADJOINING PROPERTY OWNER(S) The Application of: Roy and Patricia Beatty. Conditional Use Permit Application #001-90 For: a garage with body repair activity. This property is located 1 3/4 miles south of Stephens City on Route 11 in the Opequon Magisterial District. This conditional use permit will be considered by the Frederick County Planning Commission at their meeting of March 7, 1990 at 7,:30 p.m., in the Board of Supervisors meeting room, the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, W. WarneMiller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This -is to certify that V the attached correspondence was filed t the following on February 21, 1990from Department of Planning and De pment, Frederick 01 County, Virginia: r S -rl'Y2 BOy ROY -R2,., F, PATRCIA G�, ROUTE EA X 819 STEPHENIS C*1TY9*V1RG1f-11A 22655 PFAHL-iAMAR(3ARLPH -T 3. ET ALS 00 -GAUSERIIAN RT,2 BOX 2-59 STEPHENS CITY; VAn 2-26 5 5 RUSSELL,; ANN S,,, 0 'A 30 R Tv STEPIAENS CITY? VAo 2265-5 HUMLEY;2 BETTYE R- 60, 285--A STEPHENS CI"Fyv VA,, 22655 P0jt4ERSq TUNSTALL C,, E-T ALS IP.On BOX 240 MIDDL---rowi\ly VA. 22645 W. Wayne Mil er, Zoneng Administrator Frederick Colmy Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I Renee' S. Arlbtta',- ; a Notary Public in and .'for' i:the state. a t county a oresaid,' do- hereby certify that W. Wayne Miller., Zoning Administr t r-.' f the Department of Planning 'and Development, 'whose name is'signed, to the ;'for6going S., 0'1! dated February21, 1990 has personally appeared before me and acknowledged the same in my state and county foresaid. is '21�;t February .1990 Given under my hand this day of My commission expires on March-�23, 1990 NOTARY PUBLIC REQUEST FOR CUP COMMENTS Virginia Department of Transportation ATTN: William H. Bushman, Resident Engineer P.O. Bog 278, Edinburg, Virginia 22824-0278 (703) 984-4133 The local office of the Transportation Department is located at 1550 Commerce Street, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of development and/or description of the request: Location: /% 0 Transportation Department Comments: No objection to conditional/special use permit for this 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 minimum commercial standards. VDOT Signature and Date: / Z.5 9� (NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. 0 REQUEST FOR CUP. COMMENTS Frederick County Fire Marshall P.O. Bog 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Fire Marshall is located at 21 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: ,elo. x�?,n Name of development and/or description of the request: Location: /.%,ram-" /,Y�s. ..J''G�yf. �,� `='r7' ±`��'L"��-% G/)`.!�,- /�.�c.� .�7'G" �� �,.y G�/�'•S.�` Fire Marshall Comments: 4z11 -11L.+-;?-1-3 t_ 4 COW �s �e9/✓ea �E't �r : Alo s�� aJ; ��.�^r L�� r l� 71 /,s' ---- ;5.e,a e-r.�r.--- Fire Marshall Signature & Date:, J.%`;�, Sr�,v����z� (NOTICE TO FIRE MARSHALL - PLEASE RETURN THIS FORM TO APPLICANT. ALSO, PLEASE NOTE IF FIRE COMPANY HAS BEEN CONTACTED.) 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 • REQUEST FOR CUP COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: ; �GiK' G t✓7� Name of development /and/or description of the request: Location: Inspections Department Comments: I y� ! � _ IJ . j r o / 72 r/JJs t ci� ill+ L> i< // f_ 'r � PY_� _ •�1, ��L P� Inspect. Signature & Date :,,,, —,- (NOTICE TO INSPECTIONS - PLEASE RETURN THIS '6RM TO APPLICANT.) NOTICE TO- APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. • 0 REQUEST FOR CUP COMMENTS Winchester Regional Airport ATTN: Kenneth F. Wiegand, Executive Director Route 1, Box 208-A, Winchester, Virginia 22601 (.703) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. (NOTICE TO AIRPORT - PLEASE RETURN THIS FORM TO THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. REQUEST FOR CUP ... COMMENTS City of Winchester, Virginia ATTN: Tim Youmans, Planning Director Rouss City Hall 15 N,. Cameron Street, Winchester, Virginia 226 1 (703) 667-1815 Th City of Winchester offices are located in Rouss City Hall at 15 rth Cameron Street in Winchester, if you pre r to hand delive this review form. Applicant' name, address and phone number: Name of development oor descrip on of the request: Location: City of Winch ter Comments: pity Signature and Date: NOTICE TO CITY - PLEASE RETURN THIS FORM TO THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your application form, location map, and all other pertinent information. REQUEST FOR CUP COMMENTS Frederick County Sanitation Authority ATTN: Wellington Jones, Engineer/Director P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 Th Frederick County Sanitation Authority is located n the sec nd floor of the Old Frederick County Courthouse in Winc ester, if you prefer to hand deliver this rev ew form. 's name, address and phone number: Name of development and/or Location: of the request: 0 Sanitation Au"ority Comments: S t. Signature & Date: ICE TO SANITATION - PLEASE RETURN THIS FORM APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information.