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HomeMy WebLinkAbout02-12 Pippin Enterprises Increase Golf Course Area - Back Creek - BackfileCUP TRACKING SHEET OPEN FILE: File opened Reference Manual updated/number assigned D-base updated Location maps requested from Mapping Dept. Adjoiner list given to Planner Application Action Summary updated Planning Commission Meeting Board of Supervisors Meeting CLOSE FILE: ACTI ON I ✓, _•Lit Approval (or denial) letter mailed to applicant, copy to Inspections Dept., copy to file and other cc's File stamped "approved", "denied" or "withdrawn" Reference manual updated D-base updated Application Action Summary updated Sys ID # a a g 41 DATE Z � _ _�� O RECEIVED FROM, " 1A m +� ADDRESS__ �_ 4 ¢ m a) o v Q � ❑F R T ^ p C4 ❑FOR N 0 c > Q 7 0 N > 11 1iU0kD v bn Y v Ln au c Z To c Ub BY — a) -r- c_o Ln L O 2 LL d J DATE.- cl- o.f) (AQry-, Ck sj t AMT OF CASH ,ACCOUNT AMT. PAID I " CHECK I BALANCE I MONEY DUE ORDER RECEIVED,FRQ,M _ ADDRESS ' 124544 _DOLLARS $� z� NO.e.a' DOLLARS $— L] FOR RENT \U,�� Lj FOR -- AMT. OF CASH • •� �� ACCOUNT y�� — AMT. PAID t y-" CHECK MONEY ORDER BY F1 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: June 21, 2012 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Pippin Enterprises. Mr. Gregory had a deposit for one sign for Conditional Use Permit #02-12. He has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Appleland Sport Center 4490 Valley Pike Stephens City, VA 22655 RSA/pd @2)L/ 1 'v i 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 X. RECEI\ Annnr_ Payor: JOHNSON OPERATING ACCOUNT Payee: COUNTY OF FREDERICK Retain this statement for your records DATE `I count Net IVO. 1 (j, 0.00 400,000 00 is E f �1 Date Check No. ?0/2012 113087 Check Amount s 400 000.00 RECEI\ Annnr_ Payor: JOHNSON OPERATING ACCOUNT Payee: COUNTY OF FREDERICK Retain this statement for your records DATE `I count Net IVO. 1 (j, 0.00 400,000 00 is E f �1 Date Check No. ?0/2012 113087 Check Amount s 400 000.00 10 1 S o2AO 12ANO t"at \ I as I aPv 1se;ZNe,9 'P-. Bodo01"a" S Ali T A X R E C E. I-,R:::TTicket #:00006680001 FREDERICK COUNTY Date 4/24/2012 :C. WILLIAM ORNDOFF, JR Register: LJT/LJT1 P.O. BOX 225 Trans. #: 11052 Dept # 1095 ... .. ........ WINCHESTER VA 2204-*0225:* :Acct# SIGN DEPOSITS PLANNING: Balance 50.00 Principal Being Paid.$ 50.00 Penalt'yii $ .00 In'eiie�ti: $ ...... .00 PLANNING 4/23/12 .... .. :Amount Paid $ 50.00 ... *Balance Due $ .00 wx .............. Pd by PLANNING 4/23/12 Che(.*-:::*.:.4o1257.40 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU TH9,.'.*m6NTH 4/2012 zff F • a Y of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 14, 2012 Mr. Ralph Gregory Pippin Enterprises LLC 164 Meadow Trace Lane Middletown, VA 22615 RE: CUP #02-12 Property Identification Numbers 74-A-74, 74-A-75, 75-A-27 and 75-A-27A Dear Mr. Gregory: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on June 13, 2012. Conditional Use Permit 402-12 was approved for the expansion of an approved commercial outdoor recreation use (CUP #05-98) to allow additional holes for Appleland Golf Course. Conditions associated with the approval of this Conditional Use Permit include the following: 1. All review agency comments shall be complied with at all times. 2. No additional entrances permitted onto Route 11 or Route 649 from this site. 3. Any expansion of current facilities approved via current site plan will require a new site plan. 4. Hours of operation shall be from 6:00 a.m. to 11:00 p.m. 5. No additional signage allowed. 6. Lighting must be directed away from Route 11 and adjoining properties. 7. Noise shall be controlled so as not to impact adjoining properties; sound levels from the property line shall not exceed 75dba (A scale). 8. Approval of CUP #02-12 will null and void CUP #05-98. 9. Any expansion of use will require a new CUP 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r Pippin Enterprises LLC — CUP #02-12 June 14, 2012 Page 2 If you have any questions regarding this action, please feel free to call this office. Sincerely, ar R. Cheran is Zoning Administrator MRC/bad cc: Gary A. Lofton, Board of Supervisors, Back Creek District Greg Unger and Kevin Crosen, Back Creek Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 0 c� Co CONDITIONAL USE PERMIT #02-12 �41 PIPPIN ENTERPRISES LLC a. Staff Report for the Board of Supervisors w Prepared: May 21, 2012 y`II3B, Staff Contact: Mark R. Cheran, Zoning Administrator 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: 05/16/12 Recommended Approval Board of Supervisors: 06/13/12 Pending EXECUTIVE SUMMARY: This is a request for Commercial Outdoor Recreation Use for the purpose of expanding the golf course associated with Conditional Use Permit #05-98, which is attached with Appleland Golf Course. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. No additional entrances permitted onto Route 11 or Route 649 from this site. 3. Any expansion of current facilities approved via current site plan will require a new site plan. 4. Hours of operation shall 6:00 a.m. to 11:00 p.m. 5. No additional signage allowed. 6. Lighting must be directed away from Route 11 and adjoining properties. 7. Noise shall be controlled so as not to impact adjoining properties; sound levels from the property line shall not exceed 75dba (A scale). 8. Approval of CUP #02-12 will null and void CUP #05-98. 9. Any expansion of use will require a new CUP. A decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 2 CUP #02-12, Pippin Enterprises LLC May 21, 2012 LOCATION: Parcels 74-A-27 & 27A are located at 4506 Valley Pike (Route 11) and front Valley Pike. Parcel 75-A-74 fronts Springdale Road (Route 649). Parcel 75-A-75 fronts the railroad tracks. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 74-A-74, 74-A-75, 75-A-27 and 75-A-27A PROPERTY ZONING & PRESENT USE: Parcels: 74-A-27 & 27A Zoned: RA (Rural Areas) Land Use: Commercial Outdoor Recreation Use/Vacant Parcels: 74-A-74 & 75 Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: R-1 (Stephens City Zoning) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Vacant Land Use: Commercial Outdoor Recreation/ Business / Residential Land Use: Agricultural/Residential PROPOSED USE: Expansion of an approved commercial outdoor recreation use (CUP #05- 98) to allow additional holes for golf course. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 11, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire and Rescue: Plans approved. Frederick County Fire Marshall: Plans approved. a Page 3 CUP #02-12, Pippin Enterprises LLC May 21, 2012 Frederick County Inspections: No structures, no comment required. Frederick County Department of Public Works: Frederick County Sanitation Authority: FCSA has existing water & sewer facilities in the area. FCSA shall review site plan as applicable. Proposed construction should consider FCSA access and disturbance to the surface of the ground. Frederick -Winchester Health Department: No objection from Health Department as long as only 3 holes are going to be added to the existing golf course. No building structures added and no wells drilled. The minor addition of 3 holds should not impact the existing facilities (septic) in any negative way. Planning and Zoning: This current commercial outdoor recreation use (Appleland Sports Center) is operating under Conditional Use Permit (CUP) #05-98, approved by the Board of Supervisors on October 14, 1998. This CUP allowed for a par 3 golf course, concession stand, waterslide and accessory retail associated with the recreation use. Staff would note that the above- referenced properties (74-A-27 & 27A) are covered by CUP #05-98. This proposed CUP is to expand the golf course and will include four (4) properties (74-A-27 and 27A, 74-A-74 and 75). The existing Appleland Sports Center has an approved site plan and this plan will provide for parking for the proposed expansion. The proposed CUP shall only utilize the current approved commercial entrance from Route 11. No other entrances will be utilized from Route 11 or Route 649. Any future expansion of the existing facilities will require a new site plan. A copy of the conditions of CUP #05-98 are included for your review. The 2030 Comprehensive Policy Plan of Frederick Counter and future comprehensive plans, provides guidance when considering any land use actions. This property is located within the Route 11 South corridor, and as noted on the Eastern Frederick County Long Range Land Use Plan, this area of the County is identified for commercial uses. It appears that this CUP meets the intent of the goals of the 2030 Comprehensive Policy Plan of Frederick County. STAFF CONCLUSIONS FOR THE 05/16/12 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions, be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. No additional entrances permitted onto Route 11 or Route 649 from this site. 3. Any expansion of current facilities approved via current site plan will require a new site plan. Page 4 CUP #02-12, Pippin Enterprises LLC May 21, 2012 4. Hours of operation shall be from 6:00 a.m. to 11:00 p.m. 5. No additional signage allowed. 6. Lighting must be directed away from Route 11 and adjoining properties. 7. Noise shall be controlled so as not to impact adjoining properties; sound levels from the property line shall not exceed 75dba (A scale). 8. Approval of CUP #02-12 will null and void CUP #05-98. 9. Any expansion of use will require a new CUP PLANNING COMMISSION SUMMARY AND ACTION OF THE 5/16/12 MEETING: The applicant was seeking to expand the golf course from nine holes to a 12-hole course with "par four" holes, essentially creating an "executive golf course." The applicant wanted to expand the golf course onto property he owns which is not currently a part of Appleland. Commission members asked for clarification of Health Department comments and whether the applicant could expand beyond 12 holes. Staff replied the Health Department had no objections as long as only three holes were added and there would be no additional structures built or additional wells drilled. Staff added that if the applicant wanted to expand beyond 12 holes, the County would need to have a new review by the Health Department. A member of the Commission pointed out that this area is served by the Sanitation Authority and the applicant could acquire public water and sewer and not use the drainfield, if he desired to expand further. Commissioner members had questions about the accessory retail use, which was allowed with the permitted recreational uses under CUP #05-98, and how extensive those retail sales could become, based on the language within the staff report. Commission members also commented about the use of the term, "par three course" when the applicant stated he would be constructing "par four holes." There were no citizen comments, either in favor or opposition to the proposed CUP. A motion was made, seconded, and unanimously passed to recommend approval of the proposed CUP, with the following conditions: 1. All review agency comments shall be complied with at all times. Page 5 CUP #02-12, Pippin Enterprises LLC May 21, 2012 2. No additional entrances permitted onto Route 11 from. this site. Any expansion of current facilities approved via the current site plan, will require a new site plan. . 4. Hours of operation shall not exceed 11:00 p.m. 5. No additional signage allowed. 6. Lighting must be directed away from Route 11 and adjoining properties. 7. Noise shall be controlled so as not to impact adjoining properties; sound levels from the property line shall not exceed 75dba (A scale). 8. Approval of CUP #02-12 will null and void CUP #05-98. 9. Any expansion of use will require a new CUP. (Note: Commissioners Mohn and Kenney were absent from the meeting.) fl3 Mae . Fk3QW f y rr, •y' �� r - i O =IV ' CUP0212 � f T 4 r. +•. y:5 , I it ki( ' •9 'Alc f' _ y r mc5ma cUP0212 a • r man r OApplicationsfl i Q Parcels O Building Footprints Mai) B1 (Business, Neighborhood District) a B2 (Business, General Distrist)€i B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) ,rw•• Steppe pens HE (Higher Education District) Y k� M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) CUP # 02 - 12 Note: Pippin Enterprises LLC pp er p PINS: Frederick County Dept of Planning & Development 107 N Kent St 74 - A - 74, 74 - A - 75, Suite 202 e 75 - A - 27, 75 - A - 27A Winchester, VA 22601 Commercial outdoor 540 - 665 - 5651 recreation use Map Created: April 18, 2012 Staff: mcheran 0 75150 300 Feet ..Fi '•,;.N;ri� �n"?g,,. IA '" +'w ,. _{ r,_.,'.... P .. nr aw.a ...,....,, vr,. .n.uA.,q:, .a ,r., r� _'. iw.o" �_.,., wwc.i . ad^,.ry � ,:„, r aar a;t__1 �a��05' COUNTY of FR;EDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 October 15, 1998 Mr. and Mrs. Ralph Gregory Appleland Sports Center 4490 Valley Pike Stephens City, VA 22655 RE: CUP 9005-98 of Appleland Sports Center, P.I.N. 75-A-27 and 75-A-27A Dear Mr. and Mrs. Gregory: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of October 14, 1998. Your Conditional Use Permit, #005-98 to amend CUP 9006-96 to add the following uses: 1) Go-cart track (indoor or outdoor); 2) Ice-cream/food convenience concession stand; 3) Par 3 golf course; 4) Water slide; and, 5) Accessory retail associated with the permitted recreation uses, was approved with the following conditions: 1. All review agency comments must be addressed and complied with at all times. 2. A site plan shall be approved by the County. 3. Lighting must be directed away from Route 11 and the adjoining residential properties. 4. No ABC license will be applied for at this establishment. 5. Hours of operation shall not exceed 11:00 p.m. 6. Noise shall be controlled to prevent excessive levels from impacting the adjoining residential properties (75dba maximum peak at any time at the property line). 7. Additional commercial entrances shall not be permitted onto Route 11 from this facility. 8. No additional signs advertising the business shall be located along Route 11. 9. Parking lot design standards for the B2 Zoning District, with the exception of curb and gutter, shall be implemented during the future development of this property. 107 North Kent Street - Winchester, Virginia 22601-5000 Appleland Sports Center CUP #005-98 Page 2 October 15, 1998 10. An increased setback area containing vegetative screening shall be provided along Rt. 11. 11. Any expansion of use, or change of use, would require a new CUP. If you have any questions regarding this action or the site plan application, please feel free to call this office. Sincerely, Michael T. Ruddy / Planner H MTR/cc cc: Stephen M. Gyurisin, G. W. Clifford & Associates, Inc. Commissioner of Revenue Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the NAME: owner other) ADDRESS: �Lr' /`�t'1 Ole --,o /-1'1�9� 1<g'1y� �l �O/�l%� �it�r� ; //, ZZ�LfS� TELEPHONE S jai — % -- & 7j 2. Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in the interest of the property: 1/,-1//15�4 3. The property is located at: (please give exact directions and include the route number of,your road or street) 4. The property has a road frontage of 401 feet and a depth of feet and consists of 7%t /.3 acres. ( Please be exact ) >��,Y'f 5. The property is, owned by 1 111%1 d� , /l�� as evidenced by deed from recorded (previous owner) in deed book no. on page as recorded in the records of the Clerk of the Circuit Court, County of Frederick."/v 5 % ��^�//>�lEiv7� /add/Z 2-7- z 6. Tax(Parcel)Identification (I, D. )No. Magisterial District � Current Zoning �c 00 7. Adjoining Property: USE ZONING North— East 6vG �- GD�Lns'� South West ,Ae Iv-d 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: 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: NAMEADDRESS PROPERTY.ID# /%/// -�;75 4 2 �7 NAME ��7���l��, 2� 1eR1✓7- ADDRESS /R//%`�7�i�a��y��i , PROPERTY ID# NAME C61oo ADDRESS PROPERTY ID# NAME,S�i�r,� w�kDDRESS 7 PROPERTY ID# NAME 5 X r�i iG, �D ADDRESS PROPERTY ID# NAME cJ'J & , -Ze", PROPERTY ID# :nr /�`-/1�1 7,7 ADDRESS 3,00 (V f IVi eoj-�,Cd ice, ��, z6 * 0 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. 00 12. Additional comments, if any: The purpose of upgrading the existing conditional use permit is to expand the Golden Apple golf course at Appleland Sports Center to portions of the. property west of the present golf course. The existing entrance and parking will not change. Alt patrons will. enter and exit by the. existing: entrance. 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 Applicants �G Signature of Owner Owners' Mailing Address: 164 Meadow Trace Ln., Middletown, VA 22645 Owners' Telephone No.: --- (540) 869-1175 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE; 0 L� CONDITIONAL USE PERMIT #02-12 41 �� PIPPIN ENTERPRISES LLC w� Staff Report for the Planning Commission a Prepared: April 23, 2012 i3pStaff Contact: Mark R. Cheran, Zoning Administrator 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: 05/16/12 Pending Board of Supervisors: 06/13/12 Pending EXECUTIVE SUMMARY: This is a request for Commercial Outdoor Recreation Use for the purpose of expanding Conditional Use Permit #05-98, which is attached with Appleland Golf Course. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. No additional entrances permitted onto Route 11 from this site. 3. Any expansion of current facilities approved via current site plan will require a new site plan. 4. Hours of operation shall not exceed 11:00 p.m. 5. No additional signage allowed. 6. Lighting must be directed away from Route 11 and adjoining properties. 7. Noise shall be controlled so as not to impact adjoining properties; sound levels from the property line shall not exceed 75dba (A scale). 8. Approval of CUP #02-12 will null and void CUP #05-98. 9. Any expansion of use will require a new CUP Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning. this application to the Board of Supervisors. Page 2 CUP #02-12, Pippin Enterprises LLC April 23, 2012 LOCATION: Parcels 74-A-27 & 27A are located at 4506 Valley Pike (Route 11) and front Valley Pike. Parcel 75-A-74 fronts Springdale Road (Route 649). Parcel 75-A-75 fronts the railroad tracks. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 74-A-74, 74-A-75, 75-A-27 and 75-A-27A PROPERTY ZONING & PRESENT USE: Parcels: 74-A-27 & 27A Zoned: RA (Rural Areas) Land Use: Commercial Outdoor Recreation Use/Vacant Parcels: 74-A-74 & 75 Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: R-1 (Stephens City Zoning) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Vacant Land Use: Commercial Outdoor Recreation/ Business / Residential Land Use: Agricultural/Residential PROPOSED USE: Expansion of an approved commercial outdoor recreation use (CUP #05- 98) to allow extension of the 9-hole golf course. REVIEW EVALUATIONS: Virizinia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 11, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire and Rescue: Plans approved. Frederick County Fire Marshall: Plans approved. Page 3 CUP #02-12, Pippin Enterprises LLC April 23, 2012 Frederick County Inspections: No structures, no comment required. Frederick County Department of Public Works: Frederick County Sanitation Authority: FCSA has existing water & sewer facilities in the area. FCSA shall review site plan as applicable. Proposed construction should consider FCSA access and disturbance to the surface of the ground. Frederick -Winchester Health Department: No objection from Health Department as long as only 3 holes are going to be added to the existing golf course. No building structures added and no wells drilled. The minor addition of 3 holds should not impact the existing facilities (septic) in any negative way. Planning and Zoning: This current commercial outdoor recreation use (Appleland Sports Center) is operating under Conditional Use Permit (CUP) #05-98, approved by the Board of Supervisors on October 14, 1998. This CUP allowed for a par 3 golf course, concession stand, waterslide and accessory retail associated with the recreation use. Staff would note that the above- referenced properties (74-A-27 & 27A) are covered by CUP #05-98. This proposed CUP is to expand the golf course and will include four (4) properties (74-A-27 and 27A, 74-A-74 and 75). The existing Appleland Sports Center has an approved site plan and this plan will provide for parking for the proposed expansion. The proposed CUP shall only utilize the current approved commercial entrance from Route 11. No other entrances will be utilized from Route 11 or Route 649. Any future expansion of the existing faculties will require a new site plan. A copy of the conditions of CUP #05-98 are included for your review. The 2030 Comprehensive Policy Plan of Frederick CountL and future comprehensive plans, provides guidance when considering any land use actions. This property is located within the Route 11 South corridor, and as noted on the Eastern Frederick County Long Range Land Use Plan, this area of the County is identified for commercial uses. It appears that this CUP meets the intent of the goals of the 2030 Comprehensive Policy Plan of Frederick County. STAFF CONCLUSIONS FOR THE 05/16/12 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. No additional entrances permitted onto Route 11 from this site. 3. Any expansion of current facilities approved via current site plan will require a new site plan. 0 Page 4 CUP #02-12, Pippin Enterprises LLC April 23, 2012 4. Hours of operation shall not exceed 11:00 p.m. 5. No additional signage allowed. 6. Lighting must be directed away from Route 11 and adjoining properties. 7. Noise shall be controlled so as not to impact adjoining properties; sound levels from the property line shall not exceed 75dba (A scale). 8. Approval of CUP #02-12 will null and void CUP #05-98. 9. Any expansion of use will require a new CUP Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully snake 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 Plaiuung 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 S5 Owners' Mailing Addre; Owners' Telephone No. 2�%',-S— TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: q 4G CO G�� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us pG177 1734 Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) G�'�%c/lr�l tiEti(��( <<dl%/('�'one) (Address) 411IO�l G �1�� /�� /i76 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Cleric's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page Parcel: Lot: Bloch. ... Section: do hereby make constitute and appoint: and is described as Subdivision: (Name) iiC "f i�/j �l �� (Phone) - --'-(Address) To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with frill power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (including proffers) ® Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -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 nyy (our) hand and seal this f day of y , 204 , Signature(s) State of Virginia, City/County of °141e , To -wit: I, , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this _ day of , 200_ My Commission Expires: Notary Public 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. Applicant's name, address and phone number: Name of development and/or description of the request: C✓�'� mod- G d L- Co �z �� s �= ��i^`y i 16 e K i 5�'/�,pll - Location: Va. Dept. of Transportation Comments: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 11, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Thank you for allowing us the opportunity to comment. VDOT Signature and Dat T (NOTICE TO RESIDE NT�NG 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. RECEIVED FEB 16 2012 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal Attn: Fire Marshal 1080 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 The Frederick County Fire Marshal is located at 1080 Coverstone Drive, at the Public Safety Building, if you prefer to hand deliver this review form. Applicant's name, address and phone number': F1 if.z ' it �, .t �G: e � (� G'�%'lam %�� /yyn� Name of development and/or description of the request: Location: T Fire Marshal Comments: Fire Marshal Signature & Date.' (NOTICE TO FIRE MARSHAL - PLEASE 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 any other pertinent information. y. o a � w x Od '� {4 04 VIRGINIA Control number CUP12-0002 Project Name Appleland Sports center Address 164 Meadow trace lane Type Application Conditional Use Current Zoning R1 Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Siamese Location Emergency Vehicle Access Comments Access Comments Additional Comments r'ici i3 dj. pic.,ved Plan Approval Recommended Yes Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 2/ 16/2012 City Middletown Tax ID Number 75-A-74 & 75 Date reviewed 3/29/2012 Applicant Pippin Enterprises LLC. State Zip VA 22645 Fire District 11 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Roadway/Aisleway Width Date Revised Applicant Phone 540-869-1175 Rescue District 11 Election District Bach Creek Residential Sprinkler System Yes Fire Lane Required No Special Hazards No Reviewed By Signature 11 Title A5/7 / /�L REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 2nd floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: /L� /11��=,��/��v •^.�c� !—/� . /r/1 rd o� � o r/Y1 l- •4-, � Z�- 1!5e- P r-i/ 75— Name of development and/or description of the request: , z,- Fn�/fir Location: RECEIVED Inspections Department Comment: FF i 2012 J • ounty • p, jblic Woksr&Inspections Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT*F FOUR 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. L FEB 1 7 2012 II � REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 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: /�� /JylG.�do���� l•�, f►A v4 -f-57— Name of development and/or description of the request: , d"'';�9 ;Z- C'�, Location: _ d-1 Sanitation Authority Com ents: A �C,5A has GXiS1INo, Lv,* 'ek V- Sewee- (ISOl 164ios J)v 'f/I '�1e' a M4. FGS+4 1�a11 ►e 's►�i lei,,, as a ;G�bIG o aSc o rN ie�+ how coNsWke FOA aGGGss aN rI �4 wr auZ,F- �a -�h� 5 k f 4Gt a 44-� a roueo ik . Sanitation Authority Signature & Date: (AMA `^J . "y � (NOTICE TO SANITATION AUTHORITY * RETURN 2 a o 1A FOR14 T6 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. Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Wachester, Virginia 22601 (540) 722-3480 The Winchester -Frederick C Building at 107 North Kent Applicant's name, address & err o4o av 5--,!;5 s .IJ 7r /Yo Name of development and/or ,a C11bz1 y10 /w clrli % ; Location: C�- ,4 e, ,� "—� ---I- � r i` Health Department is located in the County Administzatzon pt in Winchester, if you prefer to hand deliver this form. phone a tier: /Fp ascription of the request: Hea th Depr nt Commentj: .qq 9124 a Signature aed Date: Ens3 I (NOTICE TO HE EPP'PLEASE TURN THIS FORM TO APPL1CA,lv-T.) NOTICE TO APPLICANT It is your responsibility to complew this form as accurately as possible in. order to assist the agency with their review_ A1sD,!plea;e attach two (2) copies of your application form, location 4� map and all uthc;r pertinent information. 1 i I 001 TOTAL P.01 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 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 numb r: bY�e /l�� Name of development and -/or description of the request: , Location: _ _ �- /i%ray/ Winchester Regional Airport's Comments: Airport Signature and Date: �- _ s3 I -- (NOTICE TO AIRPORT: Y PLEASTE RETURN THIN FORMTO PLICANT.) 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, proffer statement, impact analysis, and all other pertinent information. WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA / March 14, 2012 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-5786 Pippin Enterprise, LLC Ralph S Gregory 164 Meadow Trace Lane Middletown, Virginia 22645 Re: Conditional Use Permit Additional Golf Course Area — Apple Land Sports Center Back Creek Magisterial District Dear Mr. Gregory: We have reviewed the referenced conditional use permit request proposal. While the site does lie within the airspace operations of the Winchester Regional Airport, it is outside of the close in part 77 surfaces and should not impact airport operations. Thank you for providing us the opportunity to review these plans and your support in ensuring safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director Ll 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 30, 2012 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #02-12 FOR PIPPIN ENTERPRISES LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, June 13, 2012, 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 #02-12 for Pippin Enterprises LLC, for Commercial Outdoor Recreation Use for the purpose of expanding Conditional Use Permit #05-98, which is attached with Appleland Golf Course. This property is located at 4506 Valley Pike (Route 11), and is identified with Property Identification Numbers 74-A-74, 74-A-75, 75-A-27 and. 75-A-27A in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fiederickeountyva.gov. Sincerely, ar R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virguua: _- 75 A 29 - - - - 74 - A 74 - WOODWARD WILLIAM M SR PIPPIN ENTERPRISES LLC WOODWARD SHARON S 164 MEADOW TRACE LN 4541 VALLEY PIKE MIDDLETOWN VA 22645 STEPHENS CITY VA 22655-3902 74 • A- • 57-B MORRISON MICHELLE C --- - 74 • A- - 75•B ASSEMBLIES OF GOD FOUNDATION TRSTEE 421 SPRINGDALE RD CIO ROBERTA MESSICK WINCHESTER VA 22602.2558 I 579 SPRINGDALE RD 22602-2559 _ - -- WINCHESTER VA 75 - A- • 26•B 74 - A. - 57. ALLSBROOK RUTH ANN PETRIE I HEPLER JOHN CIO JEFF ALLSBROOK HEPLER SUSAN JOYCE 3519 DAHLIA AVE li 1903 PAUL WILLOUGHBY RD LOS ANGELES CA 90026-1111 74 - A- - 75-A LONG CREEK FARM INC CIO C MESSICK 976 SPRINGDALE RD EVERGREEN NC 74 - A- - 27- SHEN-VALLEY LIME CORP PO BOX 480 STEPHENS CITY VA 28438 22655.0480 WINCHESTER VA 22602.2546 75 - A- - 78 - - -- -- - HACK WINIFRED W ETALS CIO HACKWOODS LLC 974 TASKER RD i STEPHENS CITY VA 22655.2319 ark R. Cheran, oning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNT' OF FREDERICJK r a Notary Public in and for the State and County aforesaid, do reby certify that k R. Cheran, Zoning & Subdivision Administrator for the Dep� ent Planning and Development, whose name is signed to the foregoing, dated �6 / r�0 �Z , has personally appeared before me and acknowledged the same in my aforesaid. Given under my hand this day of My commission expires on -BE GINIA COMMONWEAOH t4 EXPIRES M'f COit %N 31°2_..,,.,.....- b \I � 1� ' 75 - A• - 27-A GREGORY RALPH S TRUSTEE 164 MEADOW TRACE LN MIDDLETOWN VA 22645-1851 75 - A• - 26- WAKEFIELD GERALD L WAKEFIELD CLARA PETRIE 4330 VALLEY PIKE STEPHENS CITY VA 22655.3914 75 - A- - 25- BRIM STEPHEN D ETALS 254 W QUEEN ST STRASBURG VA 22657 74 - A- - 77- 300N LLC PO BOX 179 MOOREFIELD WV 26836.0179 74 - A- - 73- SALCEDO ALBERTO & MARY 364 SPRINGDALE RD WINCHESTER VA 22602.2540 74 - A- - 58- EVANS-LAMBERT JUDY E LAMBERT FRANKIE E 400 SPRINGDALE RD WINCHESTER VA 22602.2541 • -�?y , 2- l ,, Y-14 - AdJoL vnorth East South West t ning'Property. USE f TO:BARBARA-DATA PROCESSING FROWBEV - PI niSe Doftl b Please print THANKS! e e of use proposed is consult with , . , 8.. -The type � p p ( the Planning. Dept. ,before, completing) 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides-and`rear and in Tront 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 97 ADDRESSil�.��oGJ��- /M iddG1F�,W AV, z 2-1�" . PROPERTY.ID# _✓li %3 Z �.� NAMEADDRESS Zj,ddG6%r - zel�� PROPERTY ID#, 7-5_ fi 2 7/4 L/ .NAMErC�� GrJ,N<,Eezd ADDRESS ,3o PROPERTY ID# /fJ� NAME: S��/ .�. t^ �kwi ` l 6�DDRESS /1 PROPERTY ID#_t/ RESS_- --? ------ — NAME Al. - QO ���_ ADDRESSr- PROPERTY ID# 1-77 •7 u d 7 7 11 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 3, 2012 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #02-12 FOR PIPPIN ENTERPRISES LLC On behalf of the Frederick County Planning Commission,. you are hereby notified of a public hearing being held on Wednesday, May 16, 2012, at 7:00 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 #02-12 for Pippin Enterprises LLC, for Commercial Outdoor Recreation Use for the purpose of expanding Conditional Use Permit #05-98, which is attached with Appleland Golf Course. This property is located at 4506 Valley Pike (Route 11), and is identified with Property Identification Numbers 74-A-74, 74-A-75, 75-A-27 and 75-A-27A in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.frederickeountyva.gov. Sincerely, 'Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certi at the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virgu- -__—_ _- --' 75 .A- - 78- 74 A 74-HACK WINIFRED W ETALS PIPPIN ENTERPRISES LLC CIO HACKWOODS LLC 164 MEADOW TRACE LN 974 TASKER RD MIDDLETOWN VA 22645 STEPHENS CITY VA 22655-2319 74 A- - 57-B 75 A- - 29- MORRISON MICHELLE C WOODWARD WILLIAM M SR 421 SPRINGDALE RD WOODWARD SHARON S WINCHESTER VA 22602-2558 4541 VALLEY PIKE STEPHENS CITY VA 22655.3902 75 - A- . 26-B ALLSBROOK RUTH ANN PETRIE 74 - A- . 57- CIO JEFF ALLSBROOK HEPLER JOHN 3519 DAHLIA AVE HEPLER SUSAN JOYCE LOS ANGELES CA 90026-1111 1903 PAUL WILLOUGHBY RD - i 74 . A• - 75-A EVERGREEN NC 28438 LONG CREEK FARM INC I' CIO C MESSICK 74 A" - 27- 976 SPRINGDALE RD SHEN-VALLEY LIME CORP PO BOX 480 ____ WINCHESTER VA - -. __- 22602-2546 STEPHENS CITY VA 22655.0480 74 A- . 75-B I ASSEMBLIES OF GOD FOUNDATION TRSTEE - -- CIO ROBERTA MESSICK 579 SPRINGDALE RD WINCHESTER VA 22602-2559 ----- --- --- Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK l. , , a Notary Public in and for the State and County aforesaid, do ereby certify that Mo R. Cheran, Zoning & Subdivision Administrator for the Departm nt f Planning and Development, whose name is signed to the foregoing, dated � , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �1 day of My commission expires on G i BEVERLY H. DELLINGER TARY PuBLIC REGISTRATION O# 337878 COMMONWEALTH Of VIRGINIA MY COMMISSION EXPIRES K JULY31, 2015 NOTARY BLIC (� 75 - A- - 27-A 0 0 GREGORY RALPH S TRUSTEE 164 MEADOW TRACE LN MIDDLETOWN VA 22645.1851 75 - A- - 26- WAKEFIELD GERALD L WAKEFIELD CLARA PETRIE 4330 VALLEY PIKE STEPHENS CITY VA 22655.3914 75 - A- - 25- BRIM STEPHEN D ETALS 254 W QUEEN ST STRASBURG VA 22657 74 - A- - 77- 30ON LLC PO BOX 179 MOOREFIELD WV 26836.0179 74 - A- - 73- SALCEDO ALBERTO & MARY 364 SPRINGDALE RD WINCHESTER VA 22602.2540 74 - A- - 58- EVANS-LAMBERT JUDY E LAMBERT FRANKIE E 400 SPRINGDALE RD WINCHESTER VA 22602-2541