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HomeMy WebLinkAbout09-03 Milams Landscape LLC Landscape Contracting & Detail - Opequon - Backfile (2)NOTES Date: /D ,K-1-?03 File opened %0 j v3 Reference Manual updated/number assigned /o ay o3 D-base updated /o aq 02 One location map requested from Mapping Dept. 0 /02 Four sets of labels requested from Data Processing /0-"-O3 File given to Renee' to update Application Action Summary RUI CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's 41AFile stamped "approved", "denied" or "withdrawn" G( ©2 Reference Manual updated 1 /l D-base updated %a l5 03 File given to Renee' for final update to Application Action Summary U.\Carol\Common\Tracking sheets\CURTRK Revised ,2/19/02 V Ob . C.IiC���ctpzy d;d Received A dress Jt For b. AMT OF ACCOUNT AMT. PAID BALANCE DUE CASH CHECK':.I I �--) , I V "Ir 0 0 3 4.76' ars $ • � M COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 12, 2003 Mr. Michael Milam E27186 North Western Pike Winchester, VA 22603 RE: CUP #09-03 FOR MILAMS LANDSCAPE, LLC Property Identification Number 63-A-11) Dear Mr. Milam: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 10, 2003. Your request, Conditional Use Permit #09-03 for a Cottage Occupation for a landscape contracting and retail nursery business was approved with the following conditions: 1. All review agency comments shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County prior to using the site for the landscape contracting and retail nursery use. All improvements identified on the improved site shall be completed prior to operating the business from this site. 3. One (1) non -illuminated freestanding business sign shall be allowed along Cedar Creek Grade (Rt. 622); sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed six (6) feet in height. 4. Any expansion or change use will require a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, /,, Mark R. Cheran Planner I MRC/bad cc: W. Harrington Smith, Jr., Shawnee District Supervisor Robert A. Morris and William C. Rosenberry, Shawnee District Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue 107 North Kent Street - Winchester, Virginia 22601-5000 410� co CONDITIONAL USE PERMIT #09-03 MILAMS LANDSCAPE, LLC a Staff Report for the Planning Commission Meeting w ® Prepared: October 29, 2003 ° M. Staff Contact: Mark Cheran This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Planning Commission: Board of Supervisors: Reviewed Action 11/19/03 Pending 12/10/03 Pending LOCATION: This property is located at 1331 Cedar Creek Grade. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-A-1D PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Land Use: Vacant and Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Land Use: Vacant and Residential PROPOSED USE: Landscape contracting and Retail Nursery REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have significant measurable impact on Route 622, the VDOT facility which would provide access to the property. 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 an inspection fee and surety bond coverage. CUP # 09-03 November 10, 2003 Page 2 Inspections Department: No comment required provided compliance with Section 101.7.7(a) exemptions of the Virginia Uniform Statewide Building Code 2000. Fire Marshal: Recommend portable fire extinguishers, maintain adequate lane widths for emergency vehicle access. No significant factors affect proposed use. Health Department: Health Department has required Mr. Milan to obtain approval of drainfield on his property for public and employee use. Planning and Zoning: This proposed Conditional Use Permit is for a landscape contracting and retail nursery. This proposed use will take place on 2.50 acres of a 63.88 acre tract of land located in the RA (Rural Areas District) Zoning District. The Frederick County Zoning Ordinance allows for landscaping contracting and retail nurseries in the RA Zoning District with an approved Conditional Use Permit (CUP). This proposed use will have 29,250 square feet of outdoor storage areas for nursery stock and products. This outdoor storage will consist of topsoil piles, mulch piles, trees and flowers located in front an&side yards of this 2.50 acres. This proposed use will have 3,600 square feet of indoor storage located in three (3) greenhouses located in the front and rear of the property. The rear property of this proposed use will contain outdoor storage of equipment and nursery stock for off site landscaping contracting. Staff would recommend an opaque fence of six (6) feet in height to screen this area of the property. This proposed use will be adjacent to 'active orchard use and will have 200 foot setbacks from any adjoining properties. Staff would note that there is a dwelling on this property that the applicant will be using as an office. Prior to operation of this landscape contracting and garden center an approved engineered site plan will be required. This site plan will address all of the requirements of the Frederick County Zoning Ordinance. Staff would recommend that signage to be limited to one (1) non- illuminating freestanding business sign no higher than six (6) feet. This freestanding business sign shall only be twenty-five (25) square feet. This requirement is in keeping with the rural nature of this area and preventing a typical commercial strip along Cedar Creek Grade (Rt. 622). STAFF CONCLUSIONS FOR THE 11-19-03 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by Frederick County; prior to using the site for the landscape contracting and retail nursery use. All improvements identified on the improved site shall be completed prior operating the business from this site. CUP # 09-03 November 10, 2003 Page 3 3. One (1) non -illuminated freestanding business sign shall be allowed along Cedar Creek Grade (Rt.622); sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed six (6) feet in height. 4. Any expansion or change of use will require a new Conditional Use Permit. 0:\Agendas\COMMENTS\CUP's\2003\Milams Landscape.wpd i�VYlS �c�d�a���� i���v� ���13��3 IJ COG�J. ' Special Limited Power of Attorney w ` County of Frederick, Virginia � r Frederick Planning Web Site: www.co.frederick.va.us WN 1 Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) MANE I�rxtzN> �l�+PLC- s rlsc_bcrArts (Phone) S1ia� �eioi- 3s9a (Address) Pv ►any- c93LA L i N (i f L`JUQ ti t1 7 LL•y the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page , and is described as Parcel: Lot: J+ Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) �a CNAi� 14 i c /1 tit (Phone) 5 Yo — 02;i (Address) 4 fi dyh ry-­' /v c�._ A To act as my true and lawf7ul attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (including proffers) Cam- Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attomey-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this ?c day of cac ty►]z , 200 > , Signature(s) I( C S Qs�u�c \ NlI1t,�R-NlIs�! S State of Virginia, City/Cou'nity of rG2GbCE2Icr , To -wit: 1, a Notary Public in and for the jurisdiction aforesai , certi that the person(s) who signed to the foregoing instrument personally appeared before me a d ha cknowl the sam 'before me in the jurisdiction aforesaid this day of , 200,1. My Commission Eic'yns"mission Expires 4 Notary Public UA13ev\Speci2l Limited POA.wpd 0 RE UEST FOR CONDITIONAL USE PERMIT COMMENTS P,hIIc CVo(�-Vs The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number: , T--- -4r a.,.,oi,,,..,,pnt nndlnr description of the request: Location: (JUbI f L L,voRk-5 Comments: Sanitation Authority Signature & Date:_ (NOTICE TO SANITATION AUTH * RETURN THIS FORM TO CANT.) 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 CONDITIONAL USE PERMIT COMMENTS RECEIVED Frederick County Inspections Department i ?4 Attn: Building Official j 107 North Rent Street REDERICUOUNri Winchester, Virginia 22601 ?IBI,ICWORK&INSPEIe`dO (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: rc 2 Name of development and/or description of the request: Location: a Inspection Department Comments: (G -e Cfod- s. �;v�` % ���� OF 72 E V1 R LN 1L1 Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT.*PLEASE TO NOTICE TO APPLICANT 1` 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. �Cj� -��LL e G� A:4//d,:;, C,LL� a • REQUEST FOR CONDITIONAL USE PERMIT COMMENTS --,..0dwrity -- NN 2�=7 �-60. •- P,bI �c-- Wo(J(s The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number: "ram a�gj(-, A LA- Name of development and/or description of the request: Location: Comments: n Sanitation Authority Signature & Date: ` V U k -� (NOTICE TO SANITATION AUTH *RETURN THIS FORM TO APP ICANT.) 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. COUNT o FRELD'kqFY Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 12, 2003 Mr. Michael Milam [1331 Cedar Creek Grad Winchester, VA 22602 RE: CUP #09-03 FOR MILAMS LANDSCAPE, LLC Property Identification Number 63-A-11) Dear Mr. Milam: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on December 10, 2003. Your request, Conditional Use Permit #09-03 for a Cottage Occupation for a landscape contracting and retail nursery business was approved with the following conditions: 1. All review agency comments shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County prior to using the site for the landscape contracting and retail nursery use. All improvements identified on the improved site shall be completed prior to operating the business from this site. 3. One (1) non -illuminated freestanding business sign shall be allowed along Cedar Creek Grade (Rt. 622); sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed six (6) feet in height. 4. Any expansion or change use will require a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, AarkR. C eran Planner I MRC/bad cc: —W. Harrington Smith, Jr., Shawnee District Supervisor e-ft Hobert A. Morris and Ni liam C. Rosenberry, Shawnee District Commissioners _eAnderson, Real Estate ,_EHtn Murphy, Commissioner of Revenue 107 North Kent Street • Winchester, Virginia 22601-5000 • 410� CO CONDITIONAL USE PERMIT #09-03 MILAMS LANDSCAPE, LLC Staff Report for the Board of Supervisors Meeting Prepared: December 1, 2003 Staff Contact: Mark Cheran This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/19/03 Recommended Approval Board of Supervisors: 12/10/03 Pen&ng� arnrn � PP%Dv►�� LOCATION: This property is located at 1331 Cedar Creek Grade. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-A-1D PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Land Use: Vacant and Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Land Use: Vacant and Residential PROPOSED USE: Landscape contracting and Retail Nursery REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have significant measurable impact on Route 622, the VDOT facility which would provide access to the property. 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 an inspection fee and surety bond coverage. 0 CJ CUP # 09-03 December 1, 2003 Page 2 Inspections Department: No comment required provided compliance with Section 101.7.7(a) exemptions of the Virginia Uniform Statewide Building Code 2000. Fire Marshal: Recommend portable fire extinguishers, maintain adequate lane widths for emergency vehicle access. No significant factors affect proposed use. Health Department: Health Department has required Mr. Milan to obtain approval of drainfield on his property for public and employee use. Planning and Zoning: This proposed Conditional Use Permit is for a landscape contracting and retail nursery. This proposed use will take place on 2.50 acres of a 63.88 acre tract of land located in the RA (Rural Areas District) Zoning District. The Frederick County Zoning Ordinance allows for landscaping contracting and retail nurseries in the RA Zoning District with an approved Conditional Use Permit (CUP). This proposed use will have 29,250 square feet of outdoor storage areas for nursery stock and products. This outdoor storage will consist of topsoil piles, mulch piles, trees and flowers located in front and side yards of this 2.50 acres. This proposed use will have 3,600 square feet of indoor storage located in three (3) greenhouses located in the front and rear of the property. The rear property of this proposed use will contain outdoor storage of equipment and nursery stock for off site landscaping contracting. Staff would recommend an opaque fence of six (6) feet in height to screen this area of the property. This proposed use will be adjacent to active orchard use and will have 200 foot setbacks from any adjoining properties. Staff would note that there is a dwelling on this property that the applicant will be using as an office. Prior to operation of this landscape contracting and garden center an approved engineered site plan will be required. This site plan will address all of the requirements of the .Frederick County Zoning Ordinance. Staff would recommend that signage to be limited to one (1) non- illuminating freestanding business sign no higher than six (6) feet. This freestanding business sign shall only be twenty-five (25) square feet. This requirement is in keeping with the rural nature of this area and preventing a typical commercial strip along Cedar Creek Grade (Rt. 622). STAFF CONCLUSIONS FOR THE 11-19-03 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by Frederick County; prior to using the site for the landscape contracting and retail nursery use. All improvements identified on the improved site shall be completed prior operating the business from this site. CUP # 09-03 December 3, 2003 Page 3 3. One (1) non -illuminated freestanding business sign shall be allowed along Cedar Creek Grade (Rt.622); sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed six (6) feet in height. 4. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF 11/19/03 MEETING: Staff pointed out that the proposed use is to be located on property within the South Frederick Agricultural and Forestal District. Also, the proposed use is in compliance with the provisions governing Forest and Agricultural Districts established in the Commonwealth under the Code of Virginia. Staff noted that conflicts between uses are avoidable through placement of conditions on the proposed use. The applicant requested that the Commission consider increasing the sign size from 25 square feet to 50 square feet, allowing two 4' X 6' signs facing Cedar Creek Grade. Staff pointed out that the language used for the sign size is identical to that placed on another CUP approved on property adjacent to Cedar Creek Grade (Homespun), and has been used as a benchmark for sign size in the rural areas. A Commissioner inquired if the applicant would continue to operate his current business on Rt. 50 West. The applicant replied that he was leasing the property and has received notice to relocate. The Planning Commission recommended approval with the same conditions as recommended by the staff, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County prior to using the site for the landscape contracting and retail nursery use. All improvements identified on the improved site shall be completed prior operating the business from this site. 3. One (1) non -illuminated freestanding business sign shall be allowed along Cedar Creek Grade (Rt.622); sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed six (6) feet in height. 4. Any expansion or change of use will require a new Conditional Use Permit. (Please Note: Chairman DeHaven and Commissioner Unger abstained. Commissioner Rosenberry was absent.) 0:\Agendas\COMMENTS\CUP's\2003\Milams Landscapempd El Mac FS c �e I � ¢lee I k I � e I lyy��e•�F 1 I s �.ae sk.l � 6rM I 1. rm� Ic L 1 Co` ��05 I Clay 6ierN o 4 c i i AL M4ICU i 3 s OF M 1 ( ty I 36 I S �odvr"Ts A50 C �� P IL Ccce k (� c P cue � H W t!1 E a 5#1 45* SOLENBERGE 63 A 1 A ❑ TRUSTEES OF THE BELL JOHN T SOLENBERGER 62 A 71 63 A 1 a h Z �r G�K Gt � FNRY 4: r Creek Gr 2 Acres 3 311 10 4tO4n ; Of 63 FR 4 n' - $ TOXOPEUS 63 - A - 1D 3 DLn ENTERPRISES, LP 63 A 1e��k'? CUP # 09 - 03 62 A 72 TRIPLE S. ASSOCIATES 83A,• S 13 �� �C'"s``��3RRc� M I LAM's LANDSCAPE, LLC P S ASSOCIATES 461, 62 72G s0 PIN. � 63-A-1D �� lro' GLASS -GLEN BURNIE MUSEUM 62 A 73 000 r; K p 0 s 0 200 400 Feet Of ester, SOLENBERGE 63 A 1A TRUSTEES OF THE BELL JOHN T SOLENBERGER 62 A 71 63 A 1 v� 22 mac G��KG� � EHRY e i ai S? 9 � � 63eSVCE 6.3 bH� 10 r reek G 2 �� 63SgGF G' �vnta�p TOXOPEUS ENTERPRISES LP 63 A 1D �L'!� ,R 62 A 12 TRIPLE S. ASSOCIATES S 73 �� �Fc 4 P S ASSOCIATES 62 72G �a 02 o GLASS -GLEN Y e� BURNIE MUSEUM 62 A 73 �NGE r; v� P RP 0 0 Em CUP #09-03 M I LAM's LANDSCAPE, LLC PIN: 63-A-1D N W+E s 0 200 400 Feet 63 -A - ID] AM"- 3f -frees � 4-bs 1 P:b,4.- i (-raPSe,l I S< slob l /nulcL ( CIA- Greer fy�+�t p 4 Jy }�1 mclCIO � I ( �cl i ( 2 I I� OrrK, i P 36 \ ( knee I s h'.d� Do I I S+CrC - a oZS� C �� P fL Csce k 6r 1- cAe H W >!J Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: kn- P � t G 3 ADDRESS: C�i KA W o5 E J�1 p, P � DING (t-Y S if_T C '-- TELEPHONE % y-- 3 S 13 r �� 1 G �F Err - 7 �--)- .3 0 p� 2. Please list all owners, occupants, or parties in interest of the property: 1-)i1l r-Cr%A pig k <c-,h14,e(4eiL 3. The property is located at: (please give exact directions and include the route number of your road or street) <'Pc�Ar rrP&k - rAciP� / re'- �1 %c— o L4 (',��E' 4. The property has a road frontage of aL50 feet and a depth of 3S feet and consists of acres. (Please be exact) 5. The property is owned by ri as evidenced by deed from v recorded (previous ner) in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I.D.)No. J - /o Magisterial District Current Zoning R 7. Adjoining Property: USE ZONING North Rcx4 f�Cr A a East 6& S R A - South 6-P OSL « F�- West A -► 3 7 to 0 8. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: °,�� z) A — AyX3 6 Pol t A X3 10. The following are all of the individuals, firms, or corporations owning property adjacent, to both sides and rear and in front of (across street from) the property where the requested use will be conducted.. (Continue on back if necessary.) These people will be notified by mail'of this application: NAME PROPERTY ID# ADDRESS NAME 4%C9JCc7J��cJ� /PADDRESS �S %� C IC-)D,4R �7 .A -7 PROPERTY ID# NAME VAS PROPERTY ID#� 7Z1� ADDRESS J-0 NAME C-,<W S S -6-L ,,) 13-,,&vI� A U5.4,)'ADDRESS PROPERTY ID# &"#G -1f73 J',2✓ST�,E'S p/-:: NAME .Jelliv T ADDRESS PROPERTY ID# NAME � /�S l���C'y�; ADDRESS i`� PROPERTY ID# Z 3 NAME ! lWlVezel/ �` C?c�rt�c� ADDRESS t� .tied str.z u,r� 2 z , 2 PROPERTY ID# Q' NAME 41eye ADDRESS PROPERTY ID# U --)` f7 1<2 llx�vl2l LL ,Z,) /12 /,p�JL, l b w -✓ V 4 2 z dC/ S j g y CIAMIlli- P/2- Lv -,,v eXf s %2 v,- z 24 ps2- 2®� VA- 226,�W,2- 2212 6/3-5- 3—/-!�' ICJ r �v� <f,0 sj6'4 Vj& 2 Z6 f�2 y�� Z 2Ga Z -31 W��vc �i�•�sr,Fir v� 2 z 60 �. 60 00 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. :;� (f 6? . �- -hfil� 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address ;.)- 6G3 Owners' Telephone No. S5 o -- 711-- 30c f — I ] y-3-s_)- 3 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Po 6,44 -�5delu h ese �- /,D f2vx d-3 6 � (r-Ga--!r 6 0 Y /0 3 T9 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 26, 2003 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #09-03 FOR MILAMS LANDSCAPE, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 10, 2003, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #09-03 of Milams Landscape, LLC, for a Landscape Contracting and Retail Nursery business. This property is located at 1331 Cedar Creek Grade and is identified with Property Identification Number 63-A-11) in the Shawnee Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library approximately one week before the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. .Sincerely, ark Cher n Planner I MRC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 r This is t certify that the attached correspondence was mailed to the following on C�R I '-) uoj from the Department of Planning and Development, Frederick County, Virginid: — 63 -5- 2. 9- HENRY, RICHARD W & BONNIE G 62 A 72- TOXOPEUS ENTERPRISES, LP 665 GUARD HILL RD 1579 CEDAR CREEK GRADE MIDDLETOWN, VA. 22645-3960 WINCHESTER, VA 22602.2342 _ 63 - 5.2- 10- 62 - A- - 72-B BRUCE, TROY A & ELAINE L COMMONWEALTH OF VIRGINIA 208 MONTGOMERY CIR PO BOX 67 STEPHENS CITY, VA 22655.5902 RICHMOND, VA. 23218.0067 63 -5- 3. 11- ! 62 - A- - 73- KING, KEITH J & INEZ J GLASS -GLEN BURNIE MUSEUM 184 CLAYHILL DR 530 AMHERST ST WINCHESTER, VA 22602.2308 WINCHESTER, VA 22601.3802 63 -5- 3. 12- 63 - A- - 1- N-- / A SAGER, ROGER L & JOAN H TRUSTEES OF THE JOHN T SOLENBERGER TRUST 208 CLAYHILL OR PO BOX 2658 WINCHESTER, VA 22602.2309 63 - A- - 4- 63 -5- 3- 13- KOONCE, SWAGLER H. II BLACK, WILLIAM H JR & BARBARA W 240 CLAYHILL DR 220 CLAYHILL OR WINCHESTER, VA 22602.2309 WINCHESTER, VA 22602.2309 63 • A• • 4-G KOONCE, GWYNNE A CIO SWAGLER H KOONCE II 240 CLAYHILL DR WINCHESTER, VA 22602.2309 Mark R. Cheran, Planner I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FRED [2ICK a Notary Public in and for the State and County a oresaid, hereby certify th Mark R. Cheran, Planner I for the D part ent of Planning and Development, whose name is signed to the foregoing, dated O. , has personally appeared before me and acknowledged the same in my St to and County aforesaid. Given under my hand this day of / % � �,, cam, C� My commission expires on�� NOTARY P BLIC 0V65 R 63 -5- 3. 14- MARCH, JOHN *INOA H 242 CLAYHILL DR WINCHESTER, VA 22602.2309 63 -5- 3. 15- ECKERT, HAZEL S TRUSTEE 262 CLAYHILL DR WINCHESTER, VA 22602.2309 63 -5- 3. 16- EWING, LEWIS M & MARY JANE 310 CLAYHILL DR WINCHESTER, VA 22602.2364 Milams Landscape 2186 North Western Pike Winchester, VA 22603 Barbara - Data Processing / M: manning Depo CO Pease riot sets of labels by: O THANKSIII 8. The type of use proposed is with before completing) 9. It is proposed that the following buildings will be k constructed: �Id rn ps — 1YX3 6 } j o- 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: ,e e. PIP. NAME ADDRESS PROPERTY ID# NAME JC_,Ko,Jp v5 fi�,�f,,z+ S S /? ADDRESS PROPERTY ID# ,?-A- 7Z- Y NAME evf 04 ADDRESS PROPERTY ID# �� �" 72Z? L'-' NAME C-,i'15 5 -�.- / nJ /3✓ e"v1c /h VWd4LDDRESS PROPERTY ID# h 2' 7 -3 V NAME ADDRESS �/iNfi�+z'ST,E/� PROPERTY ID# NAME 51e 1-1 j 4/-30" ADDRES S PROPERTY ID# NAME j ,4G[.�.'2 �+t�svc. Z ADDRESS PROPERTY ID# NAME /j-a s j¢/3�� ADDRESS PROPERTY ID# 0, "A G- �vwr 046s yYl/l�JLr� 6w V4 2z4'VS- c•2 /7-C,G 2 J©�� s �d,-Z Iit/<�ClF�5i�2 VA 2 2 do' 2, ZZ i vo- -- J7 3 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 5, 2003 TO: , THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #09-03 FOR MILAMS LANDSCAPE, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 19, 2003, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #09-03 of Milams Landscape, LLC, for a Landscape Contracting business. This property is located at 1331 Cedar Creek Grade and is identified with Property Identification Number 63-A-11) in the Shawnee Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library approximately one week before the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Sincerely, i a C eran Planner I ►l�Nlllill:l O:\Agendas\Adjoiner Ltrs\2003\CUP ADJOMERSWilams Landscape.wpd 107 North Kent Street d Winchester, Virginia 22601-5000 • T 's is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: - - --- - - - - - 63 -5- 2. 9- 62 . A. 72 HENRY, RICHARD W & BONNIE G T,OXOPEUS ENTERPRISES, LP:'. 665 GUARD HILL RD 1579 CEDAR CREEK GRADE MIDDLETOWN, VA. 22645 3960 WINCHESTER, VA 22602 2342 i. 63 -5- 2. 10- 62 A- - 72-B BRUCE, TROY A & ELAINE L COMMONWEALTH OF VIRGINIA 208 MONTGOMERY CIR PO BOX 67 STEPHENS CITY, VA 22655.5902 RICHMOND, VA. 23218.0067 63 •5- 3- 11- 62 A 73 KING, KEITH J & INEZ J GLASS GLEN BURNIE MUSEUM 184 CLAYHILL DR 530 AMHERST ST WINCHESTER, VA 22602 2308 WINCHESTER, VA 22601.3802 63 -5• 3. 12- SAGER, ROGER L & JOAN H 63 -A. - I. (A Y"RUSTEES OF THE JOHN T SOLENBERGER 208 CLAYHILL DR TRUST WINCHESTER, VA 22602.2309 PO BOX 2658 - WINCHESTER, VA 22604.1858 63 -5- 3- 13- BLACK, WILLIAM H JR & BARBARA W 63 A 4- 220 CLAYHILL DR KOONCE, SWAGLER H. II WINCHESTER, VA 22602.2309 240 CLAYHILL DR WINCHESTER, VA 22602.2309 - - - - - - — 63 • A• - 4-G KOONCE, GWYNNE A CIO SWAGLER H KOONCE 11 240 CLAYHILL DR Mark R. Cheran, Planner I WINCHESTER, VA 22602.2309 Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERI r; a Notary Public in and for the State and County aforesaid, do h by certify that Mar R. Cheran, Planner I for the Department of Planning and Development, whose name is signe to the foregoing, dated —Azn ?j c�00 3 ,has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this My commission expires on -'_� & day of�� OC10yi V L' 0 1 '4' e�l NOTARY PUBVIC 0 VEX_ 63 -5- 3. 14- MARCH, JOHN M &wA H 242 CLAYHILL DR WINCHESTER, VA 22602.2309 63 - 5- 3. 15- ECKERT, HAZEL S TRUSTEE 262 CLAYHILL DR WINCHESTER, VA 22602.2309 63 -5- 3. 16- EWING, LEWIS M & MARY JANE 310 CLAYHILL DR WINCHESTER, VA 22602.2364 Milams Landscape 2186 North Western Pike Winchester VA 22603 C W /t) fX- E 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 rAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 5, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #09-03 FOR MILAMS LANDSCAPE, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 19, 2003, at 7:15 p.m. in the Board Room of the Frederick County" "Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit #09-03 of Milams Landscape, LLC, for a Landscape Contracting business. This property is located at 1331 Cedar Creek Grade and is identified with Property Identification Number 63-A-11) in the Shawnee Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library approximately one week before the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Sincerely, *aMC eran ' Planner I MC/bad 0:\Agendas\Adjoiner Urs\2003TUP ADJOINERSUlams Landscape.wpd 107 North Kent Street Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 62 - A- - 72-B COMMONWEALT PO BOX 67 RICHMOND, VA. 23218-0067 US, P05TAGr x H N9E-fM 7i;<i?.,?2 a • E1H 0 Barbara • Data Processing #M: anning Dept4E✓ Please riot sets of labels by: O THANKS!!! S. The type of use proposed is (consult with before completing) C I \IS 5 9. it is proposed that the following buildings will be constructed: %� ,/,(d s� r► — 1yX3 i�11 �► 6 k3 OF- 10. The following are -all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: 1. NAME PROPERTY ID# /G-�P . & ADDRESS NAME `%cam PZ c1�e4.�f',� /ram ADDRESS �S 7 5 C�i��;z C.,z•r C��._ I✓t✓1:�.��si�.� L�/� 2 z��Z PROPERTY ID# NAME of 04 ADDRESS PROPERTY ID# dZ //" 7ZL? NAME C-�fi5 .s (.:Z�,.) 13a e'v/c A VVV4LDDRESS PROPERTY ID#'Z, NAME ,N �'�,c. ✓/�ci�G� i Z PROPERTY ID# ,4 ADDRESS NAME��1,C' %,�S �1/c�uE; ADDRESS PROPERTY ID# l3-'/1 NAME jGZE4GG��2 d�c.� ADDRESS �Z'4 / 2 04�0 2 PROPERTY ID#I NAME �/ we /I S / Aoc o ADDRESS PROPERTY ID# n Ui52 2214( Vol- -3cz, " 3 i �it/l,�c iF.ss�:�ir vs�9 2 2 cSc Z • REQUEST FOR CONDITIONAL USE P RMIT COMMENTS Winchester -Frederick County Health Department � 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 _J The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this -form. Applicant's name, address and phone number: 246 C- Qc f (kaCsC�_ >'4_Aa-7 Name of development and/or description of the request: Location: Health Department Comments: 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 CONDITIONAL USE PERMIT COMMENTS CITY OF WINCHESTER Attn: Planning Director 15 North Cameron St. Winchester, Virginia 22601 (540) 667-1815 The City of Winchester Planning Dept. is located in Rouss City Hall at 15 North Cameron St. in Winchester, if you prefer to hand deliver this form. Applicant's name, address and phone number: / 7![� -3-r5 2, Name of development and/or description,:of the request: M� City of Winchester Comments: Director Signature and Date: (NOTICE TO DIRECTOR * PLEASE RETUR4 tHIS FO M TO THE APPL CAN .) 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, proffer statement, impact analysis, and all other pertinent information. • • /1c$ *IRGIN]IA Control number CUP03-0009 Project Name Milams Landscape Address 1331 Cedar Creek Grade Type Application conditional use permit Current Zoning RA Automatic Sprinkler System No Other recommendation Portable fire extinguishers Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 10/20/2003 10/22/2003 Applicant Mike Milam City State Zip Applicant Phone Winchester VA 22602 540-722-3004 Tax ID Number Fire District Rescue District 63-A-10 15 15 Election District Recommendations Opequon Automatic Fire Alarm System Residential Sprinkler System No No Requirements Emergency Vehicle Access Hydrant Location Fire Lane Required Adequate Not Identified Yes Siamese Location Roadway/Aisleway Width Special Hazards Not Identified Adequate No Emergency Vehicle Access Comments Maintain adequate lane widths for emergency vehicle access Access Comments Additional Comments No significant factors affect proposed use Plan Approval Recommended Reviewed By Signature Yes Karl Steudl l Title 1• • REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. 5.2 Applicant's name, address and phone number: fY) I k r, / R 6 /U� (�a � S{�uU� A lie f,� s 1��, L 6 p� Name of development and/or description of the request: 13 1 ee c, c-r C'ref k 6 rep &-e U n Pam Va. Dept. of Transportation Comments: Rle application for a rnnrlitinnal Lse for this property appears to have significant measurable impact on Rt. 622, the VDOT facility which wouic provide access to the property. Prior to operation of the business a commercial entrance must be constructed to our minimum standards to allow tor sae egress and ingress or the under land property. Any workperformed on the tate s right-or-way-muste d and use permiL. Lice IJCLll11.1. surety bond VDOT Signature and Date: Q coverage. (NOTICE TO RESIDENT ENGINEER* �l0 3 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 two (2) copies of your application form, location map and all other pertinent information. `- co \ i N C S REQUESTING AGENT: DEPT. OF GEOGRA.PI4IC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: J0414?993 i REQUESTED COMPLETION DATE: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) DIGITAL: PAPER: FAX: SIZES: COLOR: BLACK/WHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: E-MAIL: NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 7- 0 Milarn Landscape CUP N 0.1 0 0.1 0.2 Miles