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HomeMy WebLinkAbout02-90 Carl C Ay Jr - Stonewall 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 I above. My signature verifies that I have receieved said,,sign. p, 10 (1 eti P-9A J Signature RECEIPT ►�" 022526) AMOUNT DUE `$ leo AMOUNT P /u B PAID BALANCE� DUE $ ✓ O �. PAID BY CASH CHECK ❑ OTHER Fr1ED; RIGK 3OUN iY DEPT. C,' PLAN'NING AND DEVELOPMENT P.O. BOX 601 • 9 COURT SQUARE WINCHLSTLR, VIRGINIA 2 601 l �y DATE )4 42AWA 7, / / 70 RECEIVED FROM L ADDRESS THE SUM OF (/ /tx-� / +� +=•Gs� %'- L-'1�r`�X DOLLARS $ II CC FOR DAY -TIMERS RE -ORDER No. 3221 _Printed in PLANNING COUNTY OF FREDERICK 9 COURT SQUARE P. O. Box 601 WINCHESTER. VIRGINIA 22601 .d.� �.Y. r.�G:�.f � ' �. � a� ` ` 'T y A� (y � ..•sop., r T• : Y { .ate •� �, ` � S � 7 s t . 7i +�i 1v- r�.�v F-11 A4 t �.,. �.AL i �.� s .• �� j '�_ 1• v;�. ,r. Y•.�f �, r ' � + r 4 �y�Y,� ��+Y II 08016314718-0 ` � • f k.• r ��t' -1 • - ( � . � .a. `. is �}a'a P/C Review - 3/07/90 BOS Review - 3/28/90 CONDITIONAL USE PERMIT #002-90 Carl C. Ay,.Jr. Retail Nursery Products Zoned RA (Rural Area) LOCATION: One mile north of Clearbrook on Route 11 on the east side MAGISTERIAL DISTRICT: Stonewall 1 ADJACENT LAND USE AND ZONING: Farming, open land, RA (Rural Area) and M-1 (Industrial Limited District) TAX MAP AND PARCEL NUMBER: Tax map 33, Parcel 87-0 PROPOSED USE AND IMPROVEMENTS: Retail nursery products REVIEW EVALUATIONS: Va. Dept. of Transportation: No objection to a conditional use permit for this property. However, prior to operation of the business a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State's rigbt-.;,-of-way must be covered under a land use permit. The peri;:'7. is issued by this office and requires an inspection fee and surety bond coverage. Inspections Dept.: This request for CUP approval shall comply to use Group "B" Business Section 303.0 of the BOCA National Building Code 111987". Fire Marshal: 1. Will need a plan of the property development which includes water supply. Health Department: Health Dept. recommends denial until sewage/water matters resolved. Portable toilets cannot be used on a permanent basis. Owner/Operator should evaluate property for possible installation of a subsurface sewage disposal system (application necessary), or other alternative if suitable soil not located. Water, if used for drinking by public, also needs approval. Planning & Zoning: The applicant is requesting a CUP for a Page 2 Av CUP full service retail nursery. The use will employ the area around some existing farm buildings and recently constructed plastic greenhouses. Retailing or wholesaling of nursery stock and related products is permitted in the Rural Area Zoning District with a conditional use permit. Care should be taken because of the proximity of a neighboring residence. The use should meet the following standards: 1. Hours of operation should be limited to daylight hours of 7 am to 7 pm. 2. Exterior storage shall be screened from view of the adjoining residences by a solid artificial or compact natural screen of at least 5 feet in height, which shall be adequately maintained as long as such exterior storage is continued. STAFF RECOMMENDATIONS FOR 317190: Approval with the following conditions: 1. This is a one year permit to be reviewed and renewed annually. 2. 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. 3. Hours of operation should be limited to,7:00 am to 7:00 P.M. 4. Screening from adjoining residences must be provided. 5. Applicant will comply with Virginia Department of Transportation entrance requirements and provide adequate off road parking for customers. 6. Applicant must address and comply with comments from Health Department. PLANNING COMMISSION RECOMMENDATIONS OF 317190: Unanimous approval with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually. 2. 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. Pacte 3 Ay CUP 3. Hours of operation should be limited to 7:00 am to 7:00 pm. 4. Screening from adjoining residences must be provided. 5. Applicant will comply with the Virginia Department of Transportation entrance requirements and provide adequate off - road parking for customers. 6. Health Department regulations must be met prior to renewal of this permit. 7. The parking lot will be moved to the north and there will be a minimum of 100' from the edge of the parking lot to the property line. • COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 June 12, 1991 Mr. Carl C. Ay, Jr. Box 131 Brucetown, Virginia 22622 Dear Mr. Ay: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of June 11, 1991. The renewal of conditional use permit #002-90 for Colonial Farms Nursery was approved. This property is located one mile north of Clearbrook on the east side of Route 11 in the Stonewall District and is identified as parcel 87 on tax map 33. It is important that you remain in complete compliance with the conditions set forth by the Board of Supervisors at their meeting of March 28, 1990 in order to maintain your conditional use permit to operate a nursery. Below is a list of those conditions: 1. This is a one-year permit to be reviewed and renewed annually. 2. 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. 3. Hours of operation should be limited to 7:00 am to 7:00 pm. 4. Screening from adjoining residences must be provided. 5. Applicant will comply with the Virginia Department of Transportation entrance requirements and provide adequate off -road parking for customers. 6. Health Department regulations must be met prior to renewal of this permit. 7. The parking lot will be moved to the north and there will be a minimum of 100' from the edge of the parking lot to the property line. THE COURTHOUSE COMMONS 9 'N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 • Page -2- C. Ay Ltr. June 12, 1991 8. Appropriate screening shall be provided in relation to nursery uses along the southern boundary. Feel free to call if you have any questions. Sincerely, 6WWne Miller Zoning Administrator VVWM/slk 0 COUNTY of FREDERICK i Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Wayne Miller, Zoning Administrator PIA, RE: Conditional Use Permit of Mr. Carl C. Ay, Jr., #002-90 DATE: June 6, 1991 During the annual review process of the existing active conditional use permits it was determined that permit number 002-90 for Colonial Farms Nursery, owned by Mr. Carl C. Ay, Jr., was in violation of the conditions of his permit. The violations were that he did not have a pit privy installed on the property and the required screening was not complete. The property was recently inspected and the conditions of the permit have now been complied with. The pit privy has been installed and the health department inspected and approved it. Adequate screening exists between this property and the adjoining property. Staff Recommendation: Approval of the permit until the next annual review. Planning Commission Recommendation of June 5, 1991: Unanimous approval. THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Wayne Miller, Zoning Administrator RE: Conditional Use Permit of Mr. Carl C. Ay, Jr., #002-90 DATE: May 23, 1991 During the annual review process of the existing active conditional use permits it was determined that permit number 002-90 for Colonial Farms Nursery, owned by Mr. Carl C. Ay, Jr., was in violation of the conditions of his permit. The violations were that he did not have a pit privy installed on the property and the required screening was not complete. The property was recently inspected and the conditions of the permit have now been complied with. The pit privy has been installed and the health department inspected and approved it. Adequate screening exists between this property and the adjoining property. Recommendation: Approval of the permit until the next annual review. 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 r COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 April 2, 1990 Mr. Carl C. Ay, Jr. Box 131 Brucetown, Virginia 22622 Dear Mr. Ay: 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 #002-90 of Carl C. Ay, Jr. for retailing nursery products. This property is located one mile north of Clearbrook on Route 11 on the east side in the Stonewall Magisterial District and is identified as parcel 87 on tax map 33. This Conditional Use Permit is issued with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually. 2. 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. 3. Hours of operation should be limited to 7:00 am to 7:00 pm. 4. Screening from adjoining residences must be provided. 5. Applicant will comply with -the Virginia Department of Transportation �ntrance requirements and provide adequate off road parking for customers. 6. Health Department regulations must be met prior to renewal of this permit. 7. The parking lot will be moved to the north and there will be a minimum of 100' from the edge of the parking lot to the property line. 8. Appropriate screening shall be provided in relation to nursery uses along the southern boundary. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 T Page -2- Ay April 2, 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 Sewage Disposal System Construction Permit PAGE OF Commonwealth of Virginia 7Health Department Depart,ment of Health o Identification Number Health Department Map Reference -)3' General Information New Repair ❑ Expanded ❑ Conditional ❑ FHA ❑ VA ❑ Case No. Based on the application for a sewage disposal system construction permit filed in accordance with Section 3.13.01, ap nstruc_�t.ion permit is hereby issued to: RL Owner W (-,' J i? Telephone �� Z ` �H 6 � Address JX t 77— a...1rz8k0k)K I 01f. 2- 4( For a Type Sewage _disposal systerq which is to be constructed.-on/at % IGf4T /her/ > J, (k mZ /i%:r1TH a !'tielpl / c-/ZSW!u Subdivision — Section/Block --ot Actual or estimated water use F''Z � S��AL U 5F iMJL y — �11J 1.t BLrc j1F_ S77Roo� DESIGN NOTE: INSPECTION RESULTS Water supply, axis' : (describe) Water supply location: Satisfactory yes ❑ no ❑ r1)"-) Run1,vj,d(, cj'l-fr` comments G. W. 2 Received: yes ❑ no ❑ not applicable ❑ To be installed: class — cased —` grouted Bw dtng•se r' Building sewer: yes ❑ no Elcomments :PD--R D o equivalent. Satisfactory Slope 1.2 " _per~t0 minimum).�� —E-6fher Septic tank: Capacity gals. (minimum). Pretreatment unit: yes ❑ no ❑ comments ❑ Other V `)k' U.t r4�?' ✓`/ Satisfactory Inlet -outlet structure: / Inlet -outlet structure: yes ❑ no ❑ comments PVC 40, 4" tees or equivalent. , Satisfactory ❑ Other Pump`and pump station: Pump & pump station: yes ❑ no ❑ comments No ❑ Yes ❑ describe and show desigA. Satisfactory if yes: Gravity mains: 3" or larger I.D., minimum 6" fall per Conveyance method: yes ❑ no ❑ comments 100', 1500 tb. crush strength or equivalent. Satisfactory ❑ Other Distribution box: Distribution box: yes ❑ no ❑ comments Precast concrete wit ZP_ Satisfactory 0 Other Header lines: / Header lines: yes ❑ no ❑ comments Material: 4" I.D. 1500 lb. crush strength plastic or equiva- Satisfactory lent from distribution bo toy\ into absorption trench. Slope 2" minimum. 7 Other Percolation lines: j Percolation lines: yes ❑ no ❑ comments Gravity 4" plastic 1000 lb. per foot, bearing load or Satisfactory equivalent, slope 2" 4" (min. max.) per\1001. ' ❑ Other Absorption trenches: �• Absorption trenches: yes ❑ no ❑ comments Square ft%'required : depth from ground surface Satisfactory to bottom of trench ; aggregate size Trench bottom slope \ ; Date Ins peq.e,� center to center spacing ; trench width \` Depth of aggregate —� Trench length ; Number of trenches SanitarlAh C.H.S 202A Revised 6/84 11.2 FILE COPY i ` :iE Sav�L L s� • J Fn� (2�� No P(gl-tc , s�ecxm • Health Department Identification Number Schematic drawing of sewage disposal system and topographic features. PAGE Z 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 100 feet of sewage disposal system and reserve area. The schematic drawing of the sewage disposal 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 feet. Er'rhe information required above has been drawn on the attached copy Attach additional sheets as necessary to illustrate the design. t ! 1 11�oltr N —mil FEace VaRKfA� �(z€k (3AQ,j C)L.01AI- `AR-1 tjaksr.21 of the sketch submitted with the application. I j j S/J S7,4L L 7 S V Ga L i Sfp-nc T AA, - i — - ,r, LAfQ q,t „J J{E E f 4) 1 ') a F 7A"f� 1 iV T Feu St OA) L L)CATE VAuL, 1iRIV� 13 rnlydOlun 50' Fi?on, ALL 1,0 t'--Z4� SurPb E S J�btrrOt�rr o, x �Rr✓� m�ST 4k I �ccEss �Yius� �3� - (-i(LJ— PREP NECO/►'ImEli D JF_ Z OPCA) Pi—T o¢ T/9nIK. _ I The sewage disposal system is to be constructed as specified by the permit 2111or'attached plans and specifications ❑ . This sewage disposal system construction permit is null and void if (a) conditions are changed from those shown on the application (b) condi- tions are changed from those shown on the construction permit. No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncov- ered, if necessary, upon the direction of the Department. Date: i Z 1 Issued by: ' Z/11117 This Construction S./it.rian Permit Valid until Date: — � � - ;I Reviewed by: ri m -� `- — / 2 4r Supervisory Sanitarian ------------------------------------_------------------------------------------------------- If FHA or VA financing Reviewed by Date Supervisory Sanitarian C H.S 202E Revised &M II-2A FILE COPY Date - Regional Sanitarian a Application for a Sewoe Disposal System Qpnstruction Permit Commonwealth of Virginia For Department Use Only Health Department --' f Department of Health -:, ,.%` ,l '� Identification Number �' t Map Reference % r��- Health�i p artment`-� Date Received l - To Be Completed By The Applicant Type sewage system: 2 New � Repair ❑ Expanded ❑ Conditional FHA/VA yes _ no ❑ r Owner �-/ i Y `� Address �eox- 177 - C= Phone LL02- t. k 4'AQ /JI_oo !e— A 2 7 Co Z'/ Agent Address Phone Directions to Property % �v�fTFfy f= L c �� Pc?dvoK >X)4ST Subdivision Section Block. - Lot Other Property Identification ®X i ��5 0 /4 L� o 's n r n r � c c�� o, c� 1, 7 - Q Dimensions/size of Lot/Property Other Application Information 1. Building/facility ❑ New Jg] Existing "' ` ��(�F'`'►� Intermittent Use ❑ Yes ❑ No If yes, describe: U. Residential Use Termite Treatment Basement Fixtures in Basement III. Commercial Use ❑ Yes ❑ Yes ❑ Single Family ❑ Yes ❑ Yes ❑ Yes Commercial/Wastewater ❑ Yes If yes, give volumes and describe [j No .r ❑ No ❑ Multifamily Number of Units Number of Bedrooms — O No ; No /(1u,15�,2 y� No Describe: 1c- 1 c_ Fr-/ �7r2 Ce 1 00 -"-f0 )V'-'r ❑ No Number of Patrons Number of Employees �_ IV. Water Supply: ❑ Public ❑ New Describe: J�/ ", L /J uJ ❑ Private ❑ Existing U.5 ?y mf/ ' V. Proposed Installation: ❑ Septic tank and drainfield Other If other, describe %r i t rT f3 K SITE Attach a site plan (rough sketch) showing dimensions of property, proposed and/or existing structures and PLAN driveways, underground utilities, adjacent soil absorption systems, bodies of water, drainage ways, and wells and springs within 200 feet radius of the center of the proposed building or drainfield. Distances may be paced or estimated. The property lines and building location are clearly marked and the property is sufficiently visible to see the to- pography. I give permission to the Department to enter onto the property described for the purpose of processing this application. Signature of owner/agent C.H.S. 200 Rwfsed 4/83 Date 0 REQUEST FOR SUBDIVISION 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: XY '5441_�c _/�o.3) G !p 2 - 154 J :r 6 Z'2.- Name of development and/or description of the request: —ram L akll, 4L r�-,Q.�f /l/r,C *0_SFe_ Location: Health Department Comments: (NOTICE TO HEALTH DEPT. 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 plans and/or application form. RECEIVED JAM 2 , ft REQUEST FOR CUP COMMENTS Doug Kiracofe, 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: (_1A2L- 0, (-I, flo-C 13l 6etke-CToLJAj VA, Z2WZZ (7cQ) C Name of development and/or description of the request: 0Aj(AL FA 2isrg - Aj LtC::F -F- RQ AWN CIEiuToc me Location: i L I AJoe,rN O r- CL6A02ajeooj< V 4. Owl et # I I CAs-r 5,13r Fire 9Marshall Comments: 1. L[Ji1,L il%E� /� �� �9•J OF f !'i?t)idE/'TY -Z,EcJ�1o�'a"eU7 Fire Marshall Signature & Date: /"F,?,,- (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. • COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 March 5, 1990 Mr. Carl C. Ay, Jr. Box 131 Brucetown, Virginia 22622 Dea r,�-A�r: Being unable to contact you by phone on March 5, 1990, I am writing to provide you with necessary information concerning your conditional use permit. I am enclosing a copy of the comments from the Health Department for your consideration. On Wednesday night March 7, 1990, I will recommend approval of your application for a CUP but these comments from the Health Department will .need to be addressed as a condition of your permit. If you have any questions please give me a call. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 REQUEST FOR SUBDIVISION 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: P"* 2zC. z2- Name of development and/or description of the request: do La A-164 L Location: Health Department Comments :/� elt Signa re and Date_ (NOTICE TO HEALTH DEPT. - PL Ml all 0 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 plans and/or application form. t 0 0 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 February 26, 1990 Mr. Herb Sluder Frederick -Winchester Health Department 800 Smithfield Avenue Winchester, Virginia 22601 Dear Herb: Attached is a comment sheet for a Conditional Use Permit (CUP) application from Mr. Carl Ay, Jr. for a nursery on Route 11 North. When issuing the application I erroneously crossed out the comment sheet for your department so Mr. Ay did not send you one. This will be needed before I can submit the application to the Planning Commission or Board of Supervisors. They presently have a "johnny blue" at this site or have had during operation last fall. We need your comments because this point may become an issue at the public hearing on March 7, 1990. Your earliest attention to this matter would be greatly appreciated. If you would give me a call I will pick this comment sheet up. Many thanks! Sincerely, W. W ne Miller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 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: Carl C. Ay, Jr. CONDITIONAL USE PERMIT #002-90 FOR: Retail nursery products. This property is located one mile north of Clearbrook on Route 11 on the east side in the Stonewall 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, e W. W yne Miller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that attached correspondence was and to the following on February 21, 1990from th partment of Planning and Deve ent, Frederick County, Virginia: Carl C. Ay, Jr. Box ?3? Brucetown, VA 22622 . James & Sue Gregor c/o W _ on Bo oolesville, 37 RUSSELL, GLEN E. E JUDY S RT, 1 BOX 78 CLEARBROCK9 VA. BOYCE, ROY RILEY JR. BOX 67 CLEARBROOKv VA, STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee' S. Arlotta 2 26 '" 22624 MACGREG6R, R. JAMES E SUE S. 7_ CLEARBROCKrVA- A 72624 CLINE, HENRY Be & VIRGINIA M. RT. 1 BOX 177 CLEARBROCK• VA* 22624 B S PARTNERS P.O. BOX 6 STEPHENS CITY, VA. 22655 W. Wayne Mil er, Z ing Administrator Frederick C unty Dept. of Planning , 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 February 21, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 21st day of February ,1990 . My commission expires on March 23, 1991 �1- NOTARY PUBLIC RUN DATE: 02/16/90 FREDERICK COUNTY, VIRGINIA mn PLANNING & DEVELOPMENT LABEL LIST dP' A NAME/ PROPERTY MAP —NO. /ADDRESS DESCRIPTION ------ ----------- ----------- 33000—A00-0000-0000-0087-0 RUSSELLt GLEN E. & JUDY So CLEARBROOK RT. 1 BCX 78 CLEARBROOKi VA. 22624 33000—A00-0000-0000-0087-0 RUSSELLi GLEN E. & JUDY So CLE*SROOK RT. I BOX 78• CLEARBROCKP VA* 22624 13000—AOC-0000-0000-008f,—o BOYCE# ROY RILEY JRo CLEARBROOK BOX 67 CLEARBROOKt'VA. 22624 33000—AOO-0000-0000-0037-6 MACGREGORv Re JAMES CLEARBROOK & SUE So RT. I BOX 177—,A CLEARBROOKi VA. 22624 33000—AOO-0000-0000-0101-0 CLINEt HENRY 1* E VIRGINIA Me Me PIKE I BOX 177 CLEARBROOKi VA* 22624 33000—AOO—on,,,{)-00()o—olo5—fj i S PARTNERS Me PIKE P*0, 3CX 6 STFPHENS CITYt VA* 22655 PAGE I LAND IMPROV, ACREAGE ZONE U/C VALUE VALUE ------- ---- --- ----- ------- 98.00 A2 RS 1249400 839600 98-00 A2 PS 124#400 831P600 49957 A2 AG 839900 69400 3*00 A2 RS 121000 449600 20.92 A2 RS 47iP600 88t400 25.18 Ml AG 176000 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA Conditional Use Permit No. L44'0a-yi( Submittal Deadline is ';�j Application Date y�/3 ?, Iyyo P/C Meeting: MdA-C-A 94 /'F90 Fee Paid htc e 76-w -2-;7_9V B/O/S Meeting: 1. APPLICANT (The applicant is the /owner other (check one) NAME: ADD RE TELEP 2. Please list all owners of the property, occupants, or parties in interest: � A -CC N r- K"SS E LL, J, L( 0 6 le ►,c S S fi L L 3. The property is located at (please give exact directions) 4. The property has a frontage of feet and a depth of feet and consists of acres. (Please be exact) 5. The property is owned by 0/_K� C, &,C� C,t as evidenced by deed from _ recorded in deed book no. Z/ on page, registry of the County of Q�+pna ► +� 6. 21-Digit Property Indent ification No: coo -A60-C�n�o—nc�oa-r�o�g7-� Magisterial District: 54L-rie L,-�a �l 7. Adjoining Land Use ;��`v17 ��p�� �,g Adjoining Zoning 8. The type of use proposed is ;��r AJ L / U-9SEIe-y PR --Pa C_% 9. It is proposed that the property will be put to the following use: �.lCv�.(afC(Zl-Tvd�S (3ti�Q5� 12AFTS •TL' 10. It is proposed that the following buildings will be constructed:/� P1/ -/ dlcjSCc' �F�Q i--� � n)Trzx— \-ILt?rfie� z +nnN O9- P[_N.�' APRvy, 3 ►-tvNTHs cp'cK w 11u i CLk 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. Addr�jss: / --r / /So'llc 78 �<<RC��i�,� z. z 6z Property ID# : 33-COO -- q oo_ 2. Address: __JJ Ao < Q, 7 �� K- A -re ts roo tL (lA N/ Z 176:11? Property ID#: 33co 400--600-V -- Dob o -- Do Q, 3. Q, J4 Address: / S S Property ID# 3-• C'00 — 4 i- "/ I e ZZ6Lr 93 7 M Page Two Conditional Use Permit 4. d� I ti R61 V 14 Address: t / /7 � c <9 t'�K UA 2Z z Property ID#: 33 610 -Acpo - oocx> - 0pots — 01 o 5. 2 TAMIfs Address • r3 a-,<40 Property ID# : 33-0O0-(ioo-poop-C->000-- 6165-6 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 30 z(,sT 12. Additional comments, if any pT-1rL2 NrLt(.uCsneS (p„A),,O c,, ae',r2 Lu+yrs� QA Y- 6�2o0P2eAr-cs US!£Q <?Ae s 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 Owners' Telephone No: _ ('1��, ) ((oz — /4(8a For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) N auj, 7, jq 9 d Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) /ry S r �990 Approval Denial COUNTY ADMIN. (signed) • .QV - Cuo,�- coz -90 a a• ���� ,.. 41J 1 �� � r a • .� n l� r � p j ...'` %� y�r� t \\ C. (24 S PA(,Trj Ice". 2Z' 0 I I gt.41 // C,Af.,Jit' IKsSO,44 I —a �� PAQK►�'6 2 C 0 IlJ-- Z \9 �--- N O ct ►� G w cat (ND vOi m O rt r• r+ N � b 'd OQ m �o G (xD art �- Z �31 MAO- (Db 01.L (3"41k.olwCP5 o pi o r ARo. CKI$rlNc, O b E 2N t S I✓ Im o o F'J cv� 7-H a � PnnR i �t1Ls �� w cOn p. p4T—p FmR rn N IT FJoS�N�T PKAS�c �. T H C T *; FL. Fwkbo C N (D • #4 rN R y (31 C L t N IC �'o COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 103 / 667-0370 April 2, 1990 Mr. Carl C. Ay, Jr. Box 131 Brucetown, Virginia 22622 Dear Mr. Ay: 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 #002-90 of Carl C. Ay, Jr. for retailing nursery products. This property is located one mile north of Clearbrook on Route 11 on the east side in the Stonewall Magisterial District and is identified as parcel 87 on tax map 33. This Conditional Use Permit is issued with the following. conditions: 1. This is a one-year permit to be reviewed and renewed annually. 2. 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. 3. Hours'of operation should be limited to 7:00 am to 7:00 pm. 4. Screening from adjoining residences must be provided. 5. Applicant will comply with the Virginia Department of Transportation entrance requirements and provide adequate off - road parking for customers. 6. Health Department regulations must be met prior to renewal of this permit. 7. The parking lot will be moved to the north and there will be a minimum of 100' from the edge of the parking lot to the property line. 8. Appropriate screening shall be provided in relation to nursery uses along the southern boundary. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Page -2- Ay April 2, 1990 If you have any questions regarding this conditional use permit do not hesitate to call this office. Sincerely, X, 61142� 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 • 0 CONDITIONAL USE PERMIT #002-90 Carl C. Ay, Jr. Retail Nursery Products Zoned RA (Rural Area) LOCATION: One mile north of Clearbrook on Route 11 on the east side MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Farming, open land, RA (Rural Area) and M-1 (Industrial Limited District) TAX MAP AND PARCEL NUMBER: Tax map 33, Parcel 87-0 PROPOSED USE AND IMPROVEMENTS: Retail nursery products REVIEW EVALUATIONS: Va. Dept.. of Transportation: No objection .to a .conditional use permit for, this property. However, prior to -operation of the business acommercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage._ Inspections Dept.: This,request for CUP approval shall comply to use Group "B" Business Section 303.0 of the BOCA National Building Code 111987". Fire Marshal: 1. Will need a plan of the property development which includes water supply. Planning & Zoning: The applicant is requesting a CUP for a full service retail nursery. The use will employ the area around some existing farm buildings and recently constructed plastic greenhouses. Retailing or wholesaling of nursery stock and related products is permitted in the Rural Area Zoning District with a conditional use permit. Care should be taken because of the proximity of a neighboring residence. The use should meet the following standards: MrP7-TC-7ef A'�iOGvE� • %�D2Tf} t�1'LC 7"O / �&:?7 CI �ifiA/e % f/r- c! 3a-D 1,11 Tr-7aMANFcN - 1. Hours of operation should be limited to daylight hours of 7 am to 7 pm. 2. Exterior storage shall be screened from view of the adjoining residences by a solid artificial or compact natural screen of at least 5 feet in height, which shall be adequately maintained as long as such exterior storage is continued. STAFF RECOMMENDATIONS FOR 317190: Approval with the following conditions: 1. This is a one year permit to be reviewed and renewed annually. 2. 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. 3. Hours of operation should be limited to 7:00 am to 7:00 pm. 4. Screening from adjoining residences must be provided. 5. Applicant will comply with Virginia Department of Transportation entrance requirements and provide adequate off road parking for customers. �o. A-R-P? L i C PW T— At u 5 7- A -DPP i2 C ss /4W -P C'axc PLN &W t-7-H `,-PF-i T: • 0 • C • APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA • • Conditional Use Permit No. tfiP ?-pri Submittal Deadline is �9 Application Date jF� 7 iy9u P/C Meeting: 771d&'e-A Fee Paid iLICCc 7sw ..?-2-9v B/0/S Meeting: 1. APPLICANT (The applicant is the /owner other (check one) NAME: ADDRESS: TELEPHONE: 2. Please list all ownners of the property, occupants, or parties in interest: G'-� ti r K"SS E t� Juny 21-<SsF« 3. The property is located at (please give exact directions) b --5-1 •,n eL n i l 4. The property has a frontage of feet and a depth of feet and consists of acres. (Please be exact) 5. The property is owned by Lo/ r.J E, &Ilci< as evidenced by deed from recorded in deed book no. � Z/ on page (P5� registry of the County of ] priO6RlC � 6. 21-Digit Property Indentification No: 33-000-qbp-C�ra�o—cx�no-oo47-U Magisterial District: 54-nE�,Q�` - 7. Adjoining Land Use �J2{vJ/KJC C JPFza�CA pAdjoining Zoning 8. The type of use proposed is ;;F rLAJL /V cce5E1.4y f aC %S 9. It is proposed that the property will be put to the following use: 1.t.cr..R�ic�7"f-'c�bLs t3�a�.Fs-s� Sou�Crznf'rS, ETC' 10. It is proposed that the following buildings will be constructed: F- P� A .J - s T,i �PRoX, 3 ✓"l U NT !�S �P+ C K w � ••� i F�2 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. Adde�ss: 7r r '67— 7g 0-1,--Wt3!'coK 1 Zzovz Property ID#: \ 2. Address: 1 Property ID#:33CV -400 •.vooa - &coo - Uo t 3. �6S � /' Address: .- co«�� �• � �! Lc�4T�cic� /74• i� f!'t<<✓t� F /�,O Zo Property ID# .�� 14��Q.�1 0 U Page Two Conditional Use Permit aAMW 4. ryn/i.N+tY c N /.'br I. � Address: Y / Jc� /•7 � c d'9 c'!ic K UA ?Z 6 z Property ID#: 3 3- mao —,'q — p yee,Poo — O / 0 5. AddressnO PropertyJJ ID : 33-000-(iOo-0000-a000-- el6Sg 6. Address: Property ID#: 7. Address: Property I . 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: io !,(.ST 12. Additional comments, if any OTE4fe- Nrl ti e5 ,0 0£ F' w... /-,! )... 1•, I T, ra AA^j[Ir4[fr L40 j OJC 9 �G�A Co�� Sic eAe-, 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: C d a I Signature of Owner: Owners' Mailing Address: fl Z2�,iz Owners' Telephone No: For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) DApproval F-1 Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 7 Approval F7 Denial COUNTY ADMIN. (signed) r; �,s•1iawy-s� .n�.'�. w, c_k�,.Y-, M.t^;, ,y'4%%«' • • Page Three l t Conditional Use Permit Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. - o 1 V) ? c g ``tea '_v Y Q J 3 i 6 Q 4 bi a e= d' C Q t �i C U- jc}�s 'U% e Cl LL ~ `- 3 X K _ K -q y X c21 _ N � ,n X Y. � S -M 2 v r ?I �S x c - o R NI v K x N It N ` 4"1 X ^� X N O (� O i oil v jxxxx 'IL xX XX.x-xX x�- �1. 23 , b� r� i 3, O li •p A�- ooz -Qo 'L 24 1 F 34 3 O - a �, ,�',. ,. � yam_ ` . � �� _ i w �„�:� o �,,, a •_ A • • M{'" - fr4 -ate j . �' ■ ` w ••• >,• =. (es G•w M .._ N1 �IY _ ..`�.: :• ; '. r S� � `--{- a..� w ed' n«,�" 'a s �/ A, .�� 4c' / w �c /C O w �•.' 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: Carl C. Ay, Jr. CONDITIONAL USE PERMIT #002-90 FOR: Retail nursery products. This property is located one mile north of Clearbrook on Route 11 on the east side in the Stonewall 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, 0- ill Njj� W. Wayne Miller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify IRt' the attached correspondencesmailed to the following on m March 14, 1990 the Department of Planning avelopment, Frederick . * County, Virginia. Mr. Carl C. Ay, Jr. Box 131 ' Hrucetown, Va. 22622 RUSSELLi GLEN E* JUDY S., RT. 1 6OX 78 C L E A R B lr), 0 0 X\ VA. 22624 BOYCE� '-OY 11""ILEY JP-1 BOX 67 CLEARSROCK, VA,� 22624_ i,IACGiREGOR? R, JAM Ea & S t E S . j: RT. I BOX 177-A CLE-ARIBROOKq VA, 22624 CLIXIE-j, HENRY 3,, f. VIRGINIA M. .1 BOX 177 CLEARBROOK9 VAn 22624 13 S PARTNERS Poo. [10)1% 6 s^rEPHE.NS C.ITY,, VA.., 22655 I /V , L/ - W. Wayne ljillerZ8ning Administrator Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK Renee.S..Arlotta 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 ori-;(,;.,March 23, 1991 NMJLI�s NOTARY PUBLIC t1 f REQUEST FOR CUP COMMENTS Virginia Department of Transportation ATTN: William H. Bushman, Resident Engineer P.O. Boa 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: OAru- Z.U(6A,70 W AJ 0A Wss Name of development }and/or description of the request: C0z- t A,L, ^r1,2m JUt.t 2 Location: yy(, g r �J oe-T-14 C L. �i,A 2(�,2c9C- dL V (a . U its Transportation Department Comments: No objection to a conditional use permit for this property. However, prior to operation of the business a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed.on the State s right-of-way must be covered under a land use permit. The permit is issued by this office and requires and inspection fee and surety bond coverage. VDOT Signature and Date: AJ. AV. n A ,ze //Z9 Ho (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. REQUEST FOR CUP COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Boa 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: aox es) Name of development and/or description of the request: c c �S-p �L f�� €� /Z— F3 c2 �� �_�c) iu't—�cc Location: Inspections Department Comments: p !�°�'r- .n t 7cx,., �=,._1T .�: i �?7.�7 1/ %C5GL S 't r, is r�' f� t? f°��S h �.s.cy '� �.� �n i7 a �� Inspect. Signature & Date ,,— �_ (NOTICE TO INSPECTIONS - PLEASE RETURN THI 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. s-� '- ��N..�tt.ft � µ' A � CV REQUEST FOR CUP COMMENTS Frederick County Sanitation Authority ATTN: Wellington Jones, Engineer/Director P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: 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 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. Applicant's name, address and phone number: Name of Aevelopment and/or description of the Location: Winchester Regional Airport Comments: Airport Signature & Date: (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 22601 (703) 667-1815 The City of Winchester offices are located in Rouss City Hall at 15 North Cameron Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of de'velopment and/or description of the Location: City of Winchester Comments: t: City 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 -Winchester Health Department ATM: 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. is name, address and phone number: Name of development and/or description of the 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. Boa - i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 September 22, 1992 Mrs. Sue MacGregor Route 1, Box 177-A Clearbrook, VA 22624 Dear Mrs. MacGregor: This letter is in reference to the complaint you lodged against Mr. Carl Ay and his nursery business. The complaint made to this department alleged that the screening requirement set forth in the original Conditional Use Permit was not being met, that Mr. Ay had moved the property line, and that Mr. Ay was using your pond illegally. If you recall, the Board of Supervisors addressed the issue of screening at their August 12, 1992 meeting. The screening was found to be appropriate and the Conditional Use Permit was renewed. Though the screening issue was resolved, I honored your request and inspected the property to ensure it complied with the intent of the Conditional Use Permit requirements, and it did. As for the movement of the property lines, an individual cannot simply say that he or she has moved the property boundary. An individual must either subdivide or do a boundary line adjustment survey, both of which must be approved and recorded. At the time of this letter, we are not aware of any such request from Mr. Russell or Mr. Ay. Furthermore, neither of those actions, if approved, would affect the legality of Mr. Ay's Conditional Use Permit. As far as this department is concerned, this matter is closed since Mr. Ay is in compliance with his Conditional Use Permit. Any problems you have with Mr. Ay or Mr. Russell concerning your pond should be referred to your attorney. Please call concerning any questions you might have. Sincerely, Lanny C. Bise, II Planner I bc: Richard G. Dick, Chairman of the Board of Supervisors John R. Riley, Jr., County Administrator Lawrence Ambrogi, Commonwealth Attorney Charles W. Orndoff, Stonewall District Supervisor 9 North Loudoun Street Winchester, VA 22601 P.O. Box 601 Winchester, VA 22604 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER August 3, 1992 TELE (703) 984-4133 FAX (703)984-9761 Mr. W. Wayne Miller, Zoning Administrator Frederick Co. Planning & Development 9 North Loudoun Street P. O. Box 601 Winchester, VA 22601 Dear Wayne: Ref: Route 11 (East Side) Approximately 1 Mile N. of Clearbrook Frederick County This is to follow-up on our telephone conversation last week concerning the County's Conditional Use Permit #002-90 which allows Mr. Carl C. Ay, Jr. to operate a retail nursery business at the referenced location. As you know we have re-evaluated this location and have concluded a standard commercial entrance, i.e. curbs and pavement, will not be necessary at this time. Our basis for this conclusion is the location seems to do very little business. I have personally reviewed the site on several occasions and have found no one present. Therefore, the current gravel entrance appears to be adequate to serve the business. Our comments should in no way be construed to mean we are approving the existing entrance design or configuration. Furthermore, this Department will not be held liable for suit should such result due to the operation of the business. If the business should ever expand and/or traffic increase, the entrance may need to be upgraded to commercial standards in the future. Should you have any questions or if I can be of further assistance in this regard, please let me know. RBC/rf Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior TRANSPORTATION FOR THE 21 ST CENTURY ° a RRS I I COMMONWEALTH Of 'VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER August 3, 1992 TELE (703) 984 4133 FAX (703) 984-9761 Mr. W. Wayne Miller, Zoning Administrator Frederick Co. Planning & Development 9 North Loudoun Street P. O. Box 601 Winchester, VA 22601 Dear Wayne: Ref: Route 11 (Fast Side) Approximately 1 Mile N. of Clearbrook Frederick County This is to follow-up on our telephone conversation last week concerning the County's Conditional Use Permit #002-90 which allows Mr. Carl C. Ay, Jr. to operate a retail nursery business at the referenced location. As you know we have re-evaluated this location and have concluded a standard commercial entrance, i.e. curbs and pavement, will not be necessary at this time. Our basis for this conclusion is the location seems to do very little business. I have personally reviewed the site on several occasions and have found no one present. Therefore, the current gravel entrance appears to be adequate to serve the business. Our comments should in no way be construed to mean we are approving the existing entrance design or configuration. Furthermore, this Department will not be held liable for suit should such result due to the operation of the business. If the business should ever expand and/or traffic increase, the entrance may need to be upgraded to commercial standards in the future. Should you have any questions or if I can be of further assistance in this regard, please let me know. RBC/rf Sincerely, William H. Bushman Trans. Resident Engineer 16. e"4gt-,-- By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior TRANSPORTATION FOR THE 21 ST CENTURY N 4'A,G 1gjA V � I a 1 COMMONWEALTH H of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER August 3, 1992 Mr. W. Wayne Miller, Zoning Administrator Frederick Co. Planning & Development 9 North Loudoun Street P. O. Box 601 Winchester, VA 22601 Dear Wayne: WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE(703)984-4133 FAX (703)984-9761 Ref: Route 11 (East Side) Approximately 1 Mile N. of Clearbrook Frederick County This is to follow-up on our telephone conversation last week concerning the County's Conditional Use Permit #002-90 which allows Mr. Carl C. Ay, Jr. to operate a retail nursery business at the referenced location. As you know we have re-evaluated this location and have concluded a standard commercial entrance, i.e. curbs and pavement, will not be necessary at this time. Our basis for this conclusion is the location seems to do very little business. I have personally reviewed the site on several occasions and have found no one present. Therefore, the current gravel entrance appears to be adequate to serve the business. Our comments should in no way be construed to mean we are approving the existing entrance design or configuration. Furthermore, this Department will not be held liable for suit should such result due to the operation of the business. If the business should ever expand and/or traffic increase, the entrance may need to be upgraded to commercial standards in the future. Should you have any questions or if I can be of further assistance in this regard, please let me know. RBC/rf Sincerely, William H. Bushman Trans. Resident Engineer 16. e"4L— By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior TRANSPORTATION FOR THE 21 ST CENTURY P/C Review - 3/07/90 BOS Review - 3/28/90 CONDITIONAL USE PERMIT ,#002-90 Carl C. Ay, Jr. Retail Nursery Products Zoned RA (Rural Area) LOCATION: One mile north of Clearbrook on Route 11 on the east side MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Farming, open land, RA (Rural Area) and M-1 (Industrial Limited District) TAX MAP AND PARCEL NUMBER: Tax map 33, Parcel 87-0 PROPOSED USE AND IMPROVEMENTS: Retail nursery products REVIEW EVALUATIONS: Va. Dept. of Transportation: No objection to a conditional use permit for this property. However, prior to operation of the business a commercial entrance must, be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State I s right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Dept.: This request for CUP approval shall comply to use Group "B" Business Section 303.0 of the BOCA National Building Code 111987". Fire Marshal: 1. Will need a plan of the property development which includes water supply. . Health Department: Health Dept. recommends denial until sewage/water matters resolved. Portable toilets cannot be used on a permanent basis. Owner/Operator should evaluate property for possible installation of a subsurface sewage disposal system (application necessary), or other alternative if suitable soil not located. Water, if.used for drinking by public, also needs approval. Planning & Zoning: The applicant is requesting a CUP for a Page 2 Ay CUP full service retail nursery. The use will employ the area around some existing farm buildings and recently constructed plastic greenhouses. Retailing or wholesaling of nursery stock and related products is permitted in the Rural Area Zoning District with a conditional use.permit. Care should be taken because of the proximity of a neighboring residence. The use should meet the following standards: 1. Hours of operation should be limited to daylight hours of 7 am to 7 pm. 2. Exterior storage .shall be screened from view of the adjoining residences by a solid artificial or compact natural screen of at least 5 feet in height,. which shall be adequately maintained as long as such.exterior storage is continued. STAFF RECOMMENDATIONS FOR 317190: Approval with the following conditions: 1. This is a one year permit to be reviewed and renewed annually. 2. 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. 3. Hours of operation should be limited to 7:00 am to 7:00 pm. 4. Screening from adjoining residences must be provided. 5. Applicant will comply with Virginia Department of Transportation entrance requirements and provide adequate off road parking for customers. 6. Applicant must address and comply with comments from Health Department. PLANNING COMMISSION RECOMMENDATIONS OF 3/7190: Unanimous approval with the following conditions:. 1. This is a one-year permit to be reviewed and renewed annually. 2. 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. Page 3 Ay CUP 3. Hours of operation should be limited to 7:00 am to 7:00 pm. 4. Screening from adjoining residences must be provided. 5. Applicant will comply with the Virginia Department of Transportation entrance requirements and provide adequate off - road parking for customers. 6. Health Department regulations must be met prior to renewal of this permit. 7. The parking lot will be moved to the north and there will be a minimum of 100' from the edge of the parking lot to the property line.