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Home My WebLink About08-88 Stephen P Williams - Back Creek District - BackfileCOUNTY of FREDERICK Departments of Planning and Building 703/665-5650 May 31, 1988 Mr. Stephen P. Williams c/o Stephen G. Butler P. 0. Drawer 2097 Winchester, Virginia 22601 Dear Mr. Williams: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of May 11, 1988: Approval of Conditional Use Permit Request #008-88 of Stephen P. Williams to re- establish a former nonconforming use on 2.562 acres for equipment sales and service. This property is located on the south side of U.S. Route 50, and the north --side of the Winchester and Western Railroad, near the intersection of Routes 608 and 50 in the Back Creek Magisterial District, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 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. All parking shall be off-street. 4. All health department requirements must be met. 5. If blowing paper or debris become a problem, screening and/or fencing may be required. If you have any questions regarding your conditional use permit, please do not hesitate to call this office. Sincerely, /% Robert W. Watkins Planning Director RWW/dkg cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court William Orndoff, Treasurer Inspections Department 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 CONDITIONAL USE PERMIT #008-88 Stephen P. Williams 2.562 acres To re-establish a former non -conforming use; Equipment sales and service LOCATION: On the south side of U.S. Route 50, and north side of the Winchester and Western Railroad, near the intersection of Route 608 and Route 50 MAGISTERIAL DISTRICT: Back Creek ADJACENT LAND USE AND ZONING: Residential uses zoned RP and forest land zoned A-1 PROPOSED USE AND IMPROVEMENTS: Retail business - Equipment sales and service REVIEW EVALUATIONS: Transportation Department - No objection. Commercial entrances may be required in accordance to current standards if development warrants. Sanitation Authority - Proposed site lies outside the Authority's existing service area. Closest Authority is over four miles from site. Health Department - Retail outlet -- Maximum three full-time employees. Either well or drainfield must be relocated as well adjacent to drainfield site. Previous owner indicated no well on property. No objection if above is done. Round Hill Fire Company - No comment. Inspections Department - This request will be reviewed at the time of plans review for comments of the type of Use Group from the BOCA Basic National Building Code 1987. Planning and Zoning - More recently, Mr. Williams rezoning request for B-2 from the present A-1 has prompted this application to re-establish a prior non -conforming business use. It is the staff's understanding that this property was previously used for a business use of an equal use. The non -conforming provisions of the zoning ordinance allow for the re-establishment of a discontinued use only with a conditional use permit and for a use that would be equal or less non -conforming. STAFF RECOMMENDATIONS: Approval, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 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. All parking shall be off-street. Conditional Use Permit #008-88 Stephen P. Williams PLANNING COMMISSION RECOMMENDATIONS OF 5/4/88: Unanimous approval with the following conditions: 1. This is a one year permit to be reviewed and renewed annually by the staff, the Planning Commission and the Board of Supervisors. 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. All parking shall be off-street. 4. All Health Department requirements must be met. 5. If blowing paper or debris become a problem, screening and/or fencing may be required. File #8651A SGB:bgm AFFIDAVIT COMMONWEALTH OF VIRGINIA, AT LARGE: CITY/COUNTY OF/ ".K , to -wit: I, Manuel DeHaven, having been duly sworn, state as follows: That I was one of the members of the Frederick County Planning Commission which recommended the approval of a conditional use permit to Stephen P. Williams d/b/a Williams Recycling Inc. to conduct a business of the sales and service of equipment both new and used. The equipment was described as paper balers and other equipment used in conjunction with the bundling and recycling of used paper and cardboard. Said bundling was indicated to occur both on and off site which was why the conditional use permit had a provision as to screening if there were blowing paper or debris on the premises. It was anticipated that Mr. Williams would require (1) use of trucks to transport paper, paper bundles and equipment, (2) no requirement was made that equipment or bundles of paper were required to be stored within an enclosed shelter. Aa4 'r - J �',. A (SEAL) Manuel DeH en Subscribed and sworn to before me on thisO.0�- day of , 2001, by Manuel DeHaven. ._ LO �JL"�"/ (SEAL) Notary Public My Commission Expires: ILW'4-'Z 7-06 2- again. Mr. Charles Maddox, Engineer with G. W. Clifford & Associates, presented the plan. Mr. Tisinger said that they are proposing the business -type zoning in order to put up model homes. He said that it is not their intent, at this time, to hook up the model homes to sewer; however, at some time in the future, they would like to convert the homes into offices. Mr. Fred K. Pecht, adjoining property owner, said that his objection was the poor sight distance at this location and he felt the property would have a hazardous entrance. Mr. Curtis Breeden, adjoining property owner, was also very concerned about the traffic on this road and the poor sight distance. Mr. Tisinger said that the Virginia Department of Transportation has required them to remove the birm on their side of the road, so the site distance on their side of the road will be greatly improved. Mr. Tisinger also commented that the use they are proposing would not create as much traffic as a mobile home park. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #010-88 of Glaize and Brothers, A Virginia Partnership to rezone 5.000 acres from MH-1 (Mobile Home Park) to B-2 (Business General) for model homes and offices. This property is located on Route 522, a short distance north of the intersection of Route 522 with Bufflick Road, and located on the west side of Route 522 in the Shawnee Magisterial District. Conditional Use Permit #008-88 of Stephen P. Williams to re-establish a former nonconforming use on 2.562 acres for equipment sales and service in the Back Creek Magisterial District. Action - Approved Mr. Watkins said that Commissioner McDonald had informed the staff that this property had a long history of business use. Mr. Stephen G. Butler, attorney, was present to represent Mr. Stephen P. Williams. Mr. Butler said that Mr. Williams is in the paper bailer business. He said that because of the way the property is situated, the use should not impact the neighbors. A motion was made by Mr. Stiles and seconded by Mr. Golladay to add a condition that all Health Department requirements must be met and also a condition stating that if blowing paper or debris become a problem, screening and/or fencing may be required. This motion was unanimously EWA approved. Upon motion made by Mrs. Copenhaver and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #008-88 of Stephen P. Williams to re-establish a former nonconforming use on 2.562 acres located on the south side of U.S. Route 50, and the north side of the Winchester and Western Railroad, near the intersection of Route 608 and Route 50, in the Back Creek Magisterial District, for equipment sales and service with the following conditions: 1. This is a one year permit to be reviewed and renewed annually by the staff, the Planning Commission and the Board of Supervisors. 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. All parking shall of off street. 4. All health department requirements must be met. 5. If blowing paper or debris become a problem, screening and/or fencing may be required. INFORMAL DISCUSSION OF REVISED GROVE HEIGHTS MASTER DEVELOPMENT PLAN BY PACIULLI, SIMMONS & ASSOCIATES, LTD. Mr. Golladay said that he would abstain from discussion due to a business conflict of interest. Mr. Watkins said that the new owners of the Grove Heights project were present to discuss, on an informal basis, proposed revisions to the approved Grove Heights master development plan. Mr. Mark Seager, engineer with Paciulli, Simmons & Associates, Ltd. was present to discuss the revisions with the Commission. The major changes proposed were to shift some of the road alignment to better reflect the natural topography of the site, resulting in improved visual character and reduction in the amount of clearing and earthwork. The other major change requested was to permit the common open space to be provided in easements over lots rather than as land owned by a residents' association. They felt the restrictive easements would be sufficient to protect vegetation and natural features. Mr. Seager said that there will not be any significant changes made with respect to entrances, lots adjoining College Park, and number and size of lots. Some Commissioners were in favor of eliminating the homeowners association, however, others felt it was a radical departure from the open space concept originally established. The Commissioners had questions on 2689 A16ICATION FOR CONDITIONAL U:°E PERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. .Submittal Deadline is Application Date 04/14/88 For the Meeting of 05/04/88 Fee Paid $75.00 1. The applicant is the owner x other (check one) OWNER: OCCUPANT: (if other than owner) 2. NAME: STEPHEN P. WILLIAMS NAME: ADDRESS: c/o Stephen G. Butler ADDRESS: P. 0. Drawer 2097, Winchester, Virginia 22601 TELEPHONE : ( 703 ) 662-3486 TELEPHONE: 3. The property is located at (please give exact directions) Back Creek Magisterial District, Frederick County, Virginia, on the South side of U. S. Route 50, and North side of Winchester and Western Railroad near the intersection of Route 608, and Route 50. 4. The property fronts state route 1098.52 and consists of 2.562 acres. (Please be exact) 5. The property is owned by Stephen P. Williams as evidenced by deed from Leon B. Zeiger, et ux,recorded in deed book no. 662 on page 574 , registry of the County of Frederick . PROPERTY IDENTIFICATION N0. f'(Pzed�se'U6t 21<d�g 6. This property is designated as parcel no. 152 on tax map no. 51 in the Back Creek Magisterial District. 7. The type of use proposed is re-establish existing prior nonconforming use - equipment sales and service. . 8. It is proposed that the following additions/improvements to existing buildings will be constructed. Existing building to be remodeled. 9. It is proposed that the following buildings will be constructed: Existina building to be remodeled. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property. (Use additional pages if necessary). These _people wi_ll_-be_not_i.f_ie_d_by mail of this application. [(PLEASE LIST COMPLETE 21_DIGIT NUMBER)f NAME 1. SEE ATTACHED SHEET Address: Property ID#: i 2. Address: Property ID#: 3. Address: Property ID# 4. Address: Property ID#: Page Two Conditional Use Pokit OFALIV 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 9. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Supervisors of the County of Virginia, and authorize the County to go upon the property for the purpose of making site inspections. Signature of Owner: STE Signature of Applicant: T. ' STEPH P. WILLIAMS P. WILLIAMS 11 Complete Mailing Address: c/o Stephen G. Butler Post Office Drawer 2097 Winchester, Virginia 22601 Telephone Number: (703) 662-3486 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) JL� DApproval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) %ss Approval Denial COUNTY ADMIN. (signed) • APPLICATION FOR CONDITIONAL USE PERMIT IN THE COUNTY OF FREDERICK, VIRGINIA 10. NAME: ADDRESS: 1. OPAL H. BURDETTE & 314 Pine Street & ROBERT C. GOUCHENOUR, JR. Winchester, Virginia 22601 Property ID# 51000-A00-0000-0000-01380 2. ELVIN E. BOYER & Route 9, Box 487 PERCILLA R. BOYER Winchester, Virginia 22601 Property ID* 51000-A00-0000-0000-01550 3. MARSHALL O. BROOKS & Route 9, Box 144 EULA J. BROOKS Winchester, Virginia 22601 Property ID* 51000-A00-0000-0000-01780 4. VIRGIL PUFFENBERGER Route 9, Box 113 Winchester, Virginia 22601 Property ID# 51000-A00-0000-0000-01790 5. JAMES B. PAYTON & Route 9, Box 141 SHIRLEY P. PAYTON Winchester, Virginia 22601 Property ID# 51000-A00-0000-0000-01000 6. MARY ARNOLD Route 9, Box 135 Winchester, Virginia 22601 Property ID# 51000-A00-0000-0000-01920 7. ETHEL NAIL Route 9, Box 129 Winchester, Virginia 22601 Property ID# 52000-A00-0000-0000-0040 8. BOBBY L. FRYE Route 2, Box 285 Winchester, Virginia 22601 Property ID# 51000-A00-0000-0000-0191A 9. DENNY G. MAYHEW Route 1, Box 39 Gore,.Virginia Property ID# 51000-A00-0000-0000-1390 10. DIANA OWENS & Route 4, Box 248 RONALD OWENS Winchester., Virginia 22601 Property ID# 52000-A00-0000-0000-01550. 11. LEON B. ZEIGER 2801 - 38th Street, N.W. c/o David Zeiger Washington, D.C. 20007 Property ID 451000-021-0000-0005-00360 Property ID 451000-021-0000-0005-00370 Property ID *51000-021-0000-0005-00380 Property ID 451000-021-0000-0005-00390 Property ID 451000-021-0000-0005-00400 Property ID *51000-021-0000-0005-00410 THIS PARCEL, IS ON TAX MAP 51 ®152 ,N/F ZE I GER N/F ZEIGER IN 36'607 "E ' 63.9a�, S 61042'50"E / 64.30' I ~ v N I S 51050'01"E \, 85.59, la to 4 NI- � N la r I k �h �� ry Of J l/ 8 h 0 N/F HOTT 1 LOT SURVEY FURSTENAU SURVEYING STEPHENS CITY, VIRGINIA 22655 LAND OF STEPHEN P. WILLIAMS BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA DATE:FEBR.1,1988 SCALE: 1 "=150' DWN. •Y: oPage Three 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. Structure is approximately 19' from rear of property boundary; 57' from U. S. Route 50 boundary; 675' from 84.14' end; and 450' from 63.98' end. l9 o�� COUNTY of FREDERICK Department of Planning and Development REQUEST FOR COMMENTS John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 1758 703/662-4532 TO: Mr. Herbert L. Sluder Sanitarian Frederick -Winchester Health Department Located -at the P.O.. Box 2056 intersection of Winchester, Virginia 22601 Smithfield -Ave. & (703) 667-9747 Brick Kiln Road FROM: Robert W. Watkins, Planning Directo DATE: � I I I SUBJECT: Review Comments for Conditir/onal Use Permit e/ Rezoning Subdivision Site Plan Please review this request for a/'�' Zp��/f z' 7V located at :5Z) e:12r 6 '.GAF, IDCs &O Proposed building and improvements: This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by 9:00 a.m., 3/18/88 for the meeting of April 6, 1988 • Health Signature: 1 _ Date: 3 Applicant's Name: Stephen P. Williams Address: c/o Stephen G. Butler,. Post Office Drawer 2097 Winchester, Virginia 22601 Phone Number: (703) 6 2-3486 NOTICE TO APPLICANT: It is your responsibility to contact the Frederick -Winchester Health Department for comments on your project and to return all comments as part -of your application before or.on the submittal deadline.,date. rN D-1 4(11 COUNTY of FREDERICK Depart-t,'otPlanning and Building U REQUEST FOR COMMENTS 703/665-5650 TO: Wellington Jones, Engineer/Director Frederick County Sanitation Authority The Old Frederick County Courthouse `,.-T Located orT the P.O. Box 618 ��:� second :,.f-Voor of Winchester, Virginia 22601 :!-b�e,,.01d-'rederick (703) 665-5690 '`^dount`v Courthouse FROM: Robert W. Watkins, Planning Director DATE: /0Iq-7197 SUBJECT: Review Comments for Conditional Use Permit X Rezoning Subdivision Site Plan Master Development Plan Please review this request for a �(, �V- 2, - �,O 'd- 2--., located at SD a Proposed building and improvements: This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by 9:00 a.m., 3/18/88 for the meeting of April 6, 1988 Sanitation Authority Comments: Proposed rezoning site lies outside the Authority's existing service area. Closest Authority facility is over four miles from site. Sanitation Signature: Date: Applicant's Name: Stephen P. Williams Address: c/o Stephen G. Butler, Post Office Drawer 2097 Winchester, Virginia 22601 Phone Number: (703) 662-3486 NOTICE TO APPLICANT: It is your responsibility to contact the Frederick County Sanitation Authority for comments on your project and to return all comments as part of your application before or on the submittal deadline date. .. .. .. _ " n n_.. Cni AXr;--t,not— Ar;—;n;n - 77F.()) COUNTY of FREDERICK Department of Planning and Development REQUEST FOR COMMENTS John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703 /662-45 32 TO: Mr. William H. Bushman Local Office: Resident Engineer VA. Dept. of Highways & Transportation 1550 Commerce Street P.O. Box 278 Winchester, VA. 22601 Edinburg, Virginia 22824-0278 (703) 662-8876 (703) 984-4133 ,1 v FROM: Robert W. Watkins, Planning Direct o DATE: 'j /O �/ SUBJECT: Review Comments for Conditional Use Permit Rezoning Subdivision Site Plan Please review this request for a F67,01-11W& I-Z- 710 ;�; -z- located at Proposed bu ng and improvements: AV r,ovce This comment sheet must be returned of Planning and Development, or the for the meeting of April 6, 1988 VDH&T Comments: o F Sb w to the Frederick County Department applicant, by 9:00 a.m., 3/18/88 No objection to rezoning. Commerical entrances may be required in accordance to current standards if development warrents. VDH&T Signature: //�,rizd Date: Applicant's Name: Stephen P. Williams Address: c/o Stephen G. Butler, Post Office Drawer 2097 Winchester, Virginia 22601 Phone Number: (703) 662-3486 NOTICE TO APPLICANT: It is your responsibility to contact the Virginia Department of Highways & Transportation for comments on your project and to return all comments as part of your applica- tion before or on the submittal deadline date. • • COUNTY of FREDERICK April 20, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Stephen P. Williams Departments of Planning and Building 703/665-5650 Conditional Use Permit Application To: Re-establish an existing prior nonconforming use for equipment sales and service. This property is located on the south side of U.S. Route 50 and the north side of the Winchester and Western Railroad, near the intersection of Route 608 and Route 50, in the Back Creek Magisterial District. This conditional use permit application will be considered by the Frederick County Planning Commission at their meeting of May 4, 1988, at 7:30 p.m., in the Board ,of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 • COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 April 27, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Stephen P. Williams Conditional Use Permit Application To: Re-establish an existing prior nonconforming use for equipment sales and service. This property is located on the south side of U.S. Route 50 and the north side of the Winchester and Western Railroad, near the intersection of Route 608 and Route 50, in the Back Creek Magisterial District. This conditional use permit application will be considered by the Frederick County Board of Supervisors at their meeting of May 11, 1988, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, a YV Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 `This is to certify thae attached correspondence was 0led to the following on April 27, 1988 from the apartment of Planning and Development, Frederick County, Virginia: Stephen P. Williams Ethel Nail c/o Stephen G. Butler Route 9, Box 129 P. 0. Box 2097 Winchester, VA 22601 Winchester, VA 22601 Opal H. Burdette & Robert C. Gouchenour, Jr. 314 Pine St. Winchester, VA 22601 Boyer, Elvin E. & Percilla R. Route 9, Box 487 Winchester, VA 22601 Brooks, Marshall 0. & Eula J. Route 9, Box 144 Winchester, VA 22601 Puffinberger, Virgil J. & Pearl M. Route 9, Box 113 Winchester, VA 22601 Payton, James B. & Shirley P. 1 Route 9, Box 141 Winchester, VA 22601 Mary Arnold Route 9, Box 135 Winchester, VA 22601 1c i E STATE OF VIRGINIA COUNTY OF FREDERICK Frye, Bobby L. & Betty L. Route 2, Box 285 Winchester, VA 22601 Denny G. Mayhew Route 1, Box 39 i Gore, VA 22637 Owens, Diana & Ronald Route 4, Box 248 Winchester, VA 22601 Lawyer, Thelma L. & James D. Route 4, Box 322 Winchester, VA 22601 Haines, Philip C. & Dana N. Route 2, Box 144 Winchester, VA 22601 Robert W. Watkins, Director Frederick County Dept. of Planning I, --D;ahe- k, Gawk-I1 , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated An,.;J 7 �9 �� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this.? 774 day of AQ r;l 1988. My commission expires on �'�, e 6eY �3 ME9 NOTARY PUBLIC S. wt-wo,w.s This is to certify th*he attached correspondence wailed to the following on April 20, 1988 from the Department of Planning and Development, Frederick County, Virginia: Stephen P. Williams c/o Stephen G. Butler P. 0. Box 2097 Winchester, VA 22601 Opal H. Burdette & Robert C. Gouchenour, Jr. 314 Pine St. Winchester, VA 22601 Boyer, Elvin E. & Percilla R. Route 9, Box 487 Winchester, VA 22601 Brooks, Marshall 0. & Eula J. Route 9, Box 144 Winchester, VA 22601 Puffinberger, Virgil J. & Pearl M. Route 9, Box 113 Winchester, VA 22601 Payton, James B. & Shirley P. Route 9, Box 141 Winchester, VA 22601 Mary Arnold Route 9, Box 135 Winchester, VA 22601 Lt�-;Lk 9 -L1;w ,;. C/u uA'. LEIGER 2601 3- ,;. STREET ..:ti. WASHINu�.h, D.C. ?OOu� STATE OF VIRGINIA COUNTY OF FREDERICK Ethel Nail Route 9, Box 129 Winchester, VA 22601 Frye, Bobby L. & Betty L. Route 2, Box 285 Winchester, VA 22601 Denny G. Mayhew Route 1, Box 39 Gore, VA 22637 Owens, Diana & Ronald Route 4, Box 248 Winchester, VA 22601 Lawyer, Thelma L. & James D. Route 4, Box 322 Winchester, VA 22601 Haines, Philip C. & Dana N. Route 2, Box 144 Winchester, VA 22601 Robert W. Watkins, Director Frederick County Dept. of Planning I, -D1. ct_ %• �'�« > l/ a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated ,�f ,t / a� /�%�.`S has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of .�,t,o-;/ , 1988. My commission expires on6er 0,3. NOTARY PUBLIC