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HomeMy WebLinkAbout06-11 Horton's Nursery Landscape Contracting & Retail Nu - Opequon - BackfileCUP TRACKING SHEET OPEN FILE: /-3 File opened 3 /I Reference Manual updated/number assigned / D-base updated b Location maps requested from Mapping Dept. IF Adjoiner list given to Planner Application Action Summary updated Planning Commission Meeting 7 o`Z /LJ04V—rd of Supervisors Meeting CLOSE FILE: si S 5� I fl& Sys ID # 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mailed to applicant, copy to Inspections Dept., copy to file and other cc's File stamped "approved", "denied" or "withdrawn" Reference manual updated D-base updated Application Action Summary updated O DATE "-__— No. RECEIVED FROM ✓ --- 2 00 4 6 N � r. o N A - A RESS ai a� Q O N ❑FOR RENT —DOLLARS $ O Cr• ❑FOR r . O Q �,ACColls' y U � AMT.OF ACCOUNT • t,c �� 1 CASH � � AMT. PAID ' CHECK U BALANCE DUE O ORDER LL a O BY Fawn COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL June 6, 2012 Horton Investments Attn: Mr. and Mrs. James Horton 908 Cedar Creek Grade Winchester, Virginia 22601 RE: 2731 Front Royal Pike Property Identification Numbers (PIN): 76-A-61, 62, 63, 64, and 65 Zoning District: RA (Rural Areas) Dear Mr. and Mrs. Horton: This letter is to inform you that you are currently in violation of Conditional Use Permit (CUP) #06-11, approved by the Board of Supervisors on August 10, 2011. The approval of this CUP was for the property noted by PIN (s): 76-A-61, 62, 63, 64, and 65. Staff visited the property and has determined that you are in violation of the conditions placed on CUP # 06-11. In accordance with Section 165-101.07 (B) of the Frederick County Zoning Ordinance, no land shall be used, occupied or developed or lots created or altered except in compliance with the terms and provisions of this chapter and other applicable ordinances or regulations. CUP #06-11 was approved by the Board of Supervisors, with conditions assigned to the CUP #06-11. This CUP allowed you to expand your retail nursery business to adjoining properties PIN: 76-A-61, 62, 63, 64, and 65. The property (s) noted are in violation of approved CUP #06-11. The expansion of this retail nursery is a violation of Condition 2 as set forth by CUP # 06-11. This office will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically, resolution of this violation may be accomplished by implementing Condition 2 of CUP# 06-11, for this property and the adjoining properties. I have included a copy of the approval letter, listing the conditions placed on CUP #06-11, for your review. Failure to comply with the Code of Frederick County will result in a criminal complaint being filed against you. You have the right to appeal the above notice of violation within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-1001.02, of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing fee ($250.00 filing fee and a 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ?r�'AAM M 0 0 Horton's Nursery. r ; Full Service Garden Center ` Custom Landscaping a Seasonal Items • Trees • Shrubs • Perennials • Mulches • Walls • Walkways Shipping LOCXion Mailing Address 2731 Front Royal Pike (Rt 522 s.) 9W Cedar Creek Grade Winchester, VA 22602 Winchester, VA 22601 (let) 540.869.2115 • (tax) 540.869.0338 Open Year Round 7 days a week Page 2 Horton's Nursery Re: 2731 Front Royal Pike June 6, 2012 $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for a public hearing decision before the BZA. Contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Zoning Administrator Enclosure MRC/dlw cc: Gene Fisher, Shawnee District Supervisor C41:2:2 Kom Fly w111 Postage $ Certified Fee !/ Postmark O Return Receipt Fee Here p (Endorsement Required) Restrir (Endom CO Horton Investments jam- Total Iru Attn: Mr. & Mrs. James Horton 0 Fen 908 Cedar Creek Grade Winchester VA 22601 ----------PS Form tate, ZIP+4 :rr2006 See Reverse for instructions Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Maile. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047 I Fa COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL June 6, 2012 Horton's Nursery 2731 Front Royal Pike Winchester, Virginia 22602 RE: 2731 Front Royal Pike Property Identification Numbers (PIN): 76-A-61, 62, 63, 64, and 65 Zoning District: RA (Rural Areas) Dear Mr. and Mrs. Horton: This letter is to inform you that you are currently in violation of Conditional Use Permit (CUP) #06-11, approved by the Board of Supervisors on August 10, 2011. The approval of this CUP was for the property noted by PIN (s): 76-A-61, 62, 63, 64, and 65. Staff visited the property and has determined that you are in violation of the conditions placed on CUP # 06-11. In accordance with Section 165-101.07 (B) of the Frederick County Zoning Ordinance, no land shall be used, occupied or developed or lots created or altered except in compliance with the terms and provisions of this chapter and other applicable ordinances or regulations. CUP #06-11 was approved by the Board of Supervisors, with conditions assigned to the CUP #06-11. This CUP allowed you to expand your retail nursery business to adjoining properties PIN: 76-A-61, 62, 63, 64, and 65. The property (s) noted are in violation of approved CUP #06-11. The expansion of this retail nursery is a violation of Condition 2 as set forth by CUP # 06-11. This office will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically, resolution of this violation may be accomplished by implementing Condition 2 of CUP# 06-11, for this property and the adjoining properties. I have included a copy of the approval letter, listing the conditions placed on CUP #06-11, for your review. Failure to comply with the Code of Frederick County will result in a criminal complaint being filed against you. You have the right to appeal the above notice of violation within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-1001.02, of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing fee ($250.00 filing fee and a 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 A� � ... � '.7aTa, ram; .^°4i"" ,- : �xT'*e11)T1f111lR.1!•�s .� .,� x�y', �'�r.�' a � .- se.E.wnF .�r�. � Page 2 Mr. & Mrs. James Horton Re: 2731 Front Royal Pike June 6, 2012 $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for a public hearing decision before the BZA. Contact me regarding any questions that you may have at (540) 665-5651. Sincerely, pl Zoning Administrator Enclosure MRC/dlw cc: Gene Fisher, Shawnee District Supervisor ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. I 1. Article Addressed to: Horton's Nursery 2731 Front Royal Pike Winchester, VA 22602 A. i nature X El Agent ❑ Addre B. Received by ( Printed Name) C ,Date of Del D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type >irertified Mail ❑ Express Mail ❑ Registered I<eturn Receipt4wdav� ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Ij 2. Article Number 7010 2780 0001 9451 8632 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 1o25ss-o2- UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Frederick County Dept. ( ' -- , .�- .. Of Planning Sr �e 107 N. Kent Street, S 't2 to 0 V Winchester VA 22601 / _ I - Co F /_0 ,!UN 8 2012 SUN ,,,,,I„i,„,I„il„,,,,,1.,,,,,i,,,l,,,,l,,, ,,,,,,,�„hid` `. �.-•,r-, ,�'^[N? ' Postage $ Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Po; Horton's Nursery entTo 2731 Front Royal Pike -b`tree1, Apt. Winchester, VA 2260 or PO Box. ------------ City, State, Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mailo. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or 1 addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-904,N 0 • COUNTY of FREDERICK J Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 15, 2011 Mr. and Mrs. Jim Horton Horton Investments LLC 908 Cedar Creek Grade Winchester, VA 22601 RE: CUP #06-11 Property Identification Numbers16-A-61, 76-A-62, 76-A-63, 76-A=64, 76-A-65 Dear Mr. and Mrs. Horton: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on August 10, 2011. Conditional Use Permit #06-11 was approved for a Retail Nursery expansion of the existing Horton's Nursery on Route 522 South. Conditions associated with the approval ofthis Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2. In lieu of an engineered site plan, the applicant shall implement the site improvements as noted with the signed properly owner statement dated August 2, 2011 (copy enclosed). As noted in the statement, the improvements shall be in place by May 1, 2012. 3. One non -illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Approval of this CUP will void CUP #06-06. 6. Any expansion or change of use will require a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, �= ar R. C eran Zoning Administrator MRC/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5060 :r . .....-.+.-rrf�7...-._..t,.._%��v: � ...=.t.Y•1.ar �,r.,r. �!.r^ .. .. ........ ..��_.r_-rs•L��G'�.�a,.r...�.r...e.d_t.,., .. .�_._�,_,...1z;n.�,��stY i.-',�� ,u:�1�1»._..,. "..-.�.._._.__ S c.�cs=�:i�1[�}a•i:'.c3. ri.t�"�{ Horton Nursery CUP-06-11 BackLyround The County of Frederick Zoning Ordinance 165-401.3 (U) allows for retailing and wholesaling of nursery stock and related products. Horton's Nursery applied for and was approved for a Conditional Use Permit (CUP#06-06), by the Board of Supervisors on September 27, 2006, to operate a retail nursery located at 2731 Front Royal Pike Property Identification Number 76-A-62 (Rt.522 South). The Horton's were cited for violation of condition (s) #2 of and # 6 of CUP# 06-06. The Horton's applied for a CUP to allow for expansion of CUP #06-06. Horton's Nursery was granted a CUP to expand this retail nursery; CUP #06-11 was approved by the Board of Supervisors on August 10, 2011. Conduction # 2 of this CUP Facts Presented The Horton's met with the County to resolve violations of CUP #06-06 with regards to the expansion of this nursery. The Horton's after this meeting submitted a statement of understanding and commitment in lieu of a site plan, to resolve the violations and bring the site in to compliance. These improvements were agreed upon on August 2, 2011, and to be implemented by May 1 2012. Furthermore, this agreement was added to the CUP as Condition#2 approved by the Board of Supervisors County on August 10, 2011. Inspection of the site by staff revealed that the site is in violation of Condition 2 of CUP 06-11. This condition referenced the sign agreement to implement the improvements to the site. The failure to implement the improvements to this site is a violation of the approved CUP. (See CUP 06-11 conditions and agreement with map) Analysis The Shawnee District Supervisor has requested that the County proceed with a criminal complaint versus revocation. Staff in reviewing the Frederick County Zoning Ordinance for the relevant sections that may apply to a criminal complaint for violation of this CUP. The two (2) sections that may apply: 165-101.07 (B) and /or 165-101.08 (A) However, the Zoning Ordinance may not allow the County to proceed with a criminal complaint; the revocation maybe the only recourse, via 165-103.08. Conclusion Staff. is looking for guidance in how to proceed with this violation. If revocation is the action staff we need to bring this violation to the Board of Supervisors for action. If criminal complaint is need a NOV will need to be sent to the property owner. Staff is prepared to proceed. �+ � L�V� L3111_,r ti • COUNTY of F'REDE+ RICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 15, 2011 Mr. and Mrs. Jim Horton Horton Investments LLC 908 Cedar Creek Grade Winchester, VA 22601 RE: CUP #06-11 Property Identification Numbers16-A-61, 76-A-62, 76-A-63, 76-A-64, 76-A-65 Dear Mr. and Mrs. Horton: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on August 10, 2011. Conditional Use Permit 406-11 was approved for a Retail Nursery expansion of the existing Horton's Nursery on Route 522 South. Conditions associated with the approval of this Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2. In lieu of an engineered site plan, the applicant shall implement the site improvements as noted with the signed property owner statement dated August 2, 2011 (copy enclosed). As noted in the statement, the improvements shall be in place by May 1, 2012. 3. One non -illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Approval of this CUP will void CUP #06-06. 6. Any expansion or change of use will require a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, �•`1vlar R. C�' ran Zoning Administrator MRC/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Aimbrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Dent Street, Suite 202 a Winchester, Virginia 22601-5000 AUG 2 2011 August 2, 2011 tom:.:-...._.; :..._ .._. .._........ In support of my Conditional Use Permit application, CUP #06-11, for Horton's-Nursery, I offer the following statements to clarify the intended use of the land covered by the CUP application: • CUP #06-11 is an expansion of the original CUP for this business, Horton's Nursery, the use which was enabled in 2006 with the approval of CUP #06-06. • CUP #06-06 enabled the establishment of the nursery and greenhouses on Property Identification Number (PIN) 76-A-62, an approximate 5 acre site. • As the business prospered, we sought to expand and acquired additional parcels to accommodate the expansion. • We now owned 6 parcels (5 parcel numbers) which we intend to utilize as part of the Horton Nursery business. Those parcels are: 76-A-62 (the original site), 76-A-61, 76-A-63, 76-A-64, and 76-A-65. • With the approval of CUP #06-11, the retail nursery would enable the following activities to occur: o, Display of nursery stock on the land area currently delineated by PIN 76-A-61. This approximate 2 acre site currently contains a residential dwelling that is being rented. In the future, this dwelling will be removed to accommodate additional nursery stock display area. o Bulk storage of sand, stone, and mulch on the southern portion of land currently delineated by PIN 76-A-65, an approximate 1 acre site. o Storage of nursery trucks and trailers would occur on the land currently delineated by PIN 76-A-64, an approximate %z acre site. o Storage of pallets and other materials associated with the nursery would occur on northern portion of the land currently delineated by PIN 76-A-65, an approximate Y7. acre site. I understand that the granting of CUP #06-11 will enable my nursery to expand and utilize the site as described above. I understand that the granting of CUP #06-11 does not enable the construction of any additional buildings or structures. A new CUP would be necessary prior to constructing any additional buildings or structures associated with the nursery. • 1 understand that the granting of CUP #06-11 does not exempt the business from other county code requirements, but the CUP enables the retail nursery use to be permitted. Page 1 of 5 ' Page 2 6 Horton's Nursery CUP #06-11 Applicant Statement August 2, 2011 In lieu of submitting an engineered site plan, I offer the attached sketch and below description to further illustrate how the properties within the CUP will be utilized and how agency comments and ordinance requirements will be addressed. o Certain activities (materials storage for example) require the establishment of screening to shield the use from the adjacent residents. Therefore, I will provide screening as designated areas consisting of either a 6-ft high board -on -board opaque fence or a double row of evergreen trees (3 trees per 10 linear feet, and 4-ft tall at planting). o I will continue to honor the original CUP condition that establishes a 25-ft Full Landscape Buffer to the east and south of the nursery stock and greenhouse areas. o I will honor the ordinance required riparian buffer (35-ft on both side of creek) with no disturbance along the creek on PIN 76-A-63. o VDOT limits vehicular access to the public roads. The nursery business shall not have direct access to Rt 522. Access to Fries Loop Road is limited to the existing main entrance for the nursery. o The existing access to the rental dwelling at 2751 Front Royal Pike is limited solely for the residential use; I will establish a barrier to prohibit nursery traffic from utilizing this residential entrance onto Rt 522. In the future, the residential dwelling may be replaced with a customer parking area. o I will consolidate the six parcels into a single parcel. This will enable the elimination of the internal property lines and associated setbacks. Additionally, the consolidation of the lots will enable the accessory uses (materials, pallets, and trailer storage) to the nursery to occur on site as planned. With the approval of CUP #06-11, Horton's Nursery will be positioned to expand and prosper. I will implement the above no later than May 1, 2012, and realize that failure to implement and comply will place the property and nursery in violation of the CUP and applicable county ordinances. Signed L James M. Horton Horton Investments LLC Page 2 of 5 ..: ! 4 19 G .a xg Or1L GEMS `^ 1 4-1 4. • ,+►• Q ��far � �: � x f �� � Oa r f f ! is � �-'h t t'�`�n •> i :, x.. ',fc''Sh'� �. - � y ..r d �! OC) i o� CN Ln r 3AId 11�.10 LN08d r ^� 'tf - 3�Id IH',1081N08d .ram. ,�^''�,;ayl`j�.}SinT+ Q� QLWJ,,�U✓J+ wp � � ,l� wrt�-s�.�In. rlk.~ • r � �'S 3� r � t l'Lw�•,y{p�•,�!;(y� '1C�JJ� u(�:y.��-u�u� b' �i ,.--�' � :. < ., co COUNTY of FREDERICK ® Department of Planning and Development 5401665-5651 17387 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: August 16, 2011 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Horton's Nursery. Horton's Nursery had a deposit for one sign for a Conditional Use Permit #06-11. Mr. Horton 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: RSA/pd Horton's Nursery 908 Cedar Creek Grade Winchester, VA 22601 107 North Kent Street, Suite 202 m Winchester, Virginia 22601-5000 • - - _ 1293 N l t 110 0 CD �f n Lzv I �lll�rDOLL,4BS $ m AMT oUg 11p F r- I', n7nMF1 BEW Checking Variance Sub — mission Fee '010.058 ' r (f0.00 Ticket #:00006540001 T A X R E C E I P T Date : 6/07/2011 DERICK COUNTY Register: JKH/JKHB Trans. #: 17273 WILLIAM ORNDOFF, JR Dept # 1095 P.O. BOX 225 Acct# WINCHESTER VA 22604-0225 Previous 100.00 SIGN DEPOSITS PLANNING Balance $ 100.00 Principal Being Paid $ 00 Penalty $ .00 Interest $ PLANNING Amount Paid $ 100.00 *Balance Due $ .00 Check 1950.00 # VARIOUS Pd by PLANNING BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 6/201 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 August 15, 2011 Mr. and Mrs. Jim Horton Horton Investments LLC 908 Cedar Creek Grade Winchester, VA 22601 RE: CUP #06-11 Property Identification Numbers 87-A-61, 76-A-62, 76-A-63, 76-A-64, 76-A-65 Dear Mr. and Mrs. Horton: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on August 10, 2011. Conditional Use Permit #06-11 was approved for a Retail Nursery expansion of the existing Horton's Nursery on Route 522 South. Conditions associated with the approval of this Conditional Use Permit include the following: 1. All review agency comments and requirements shall be complied with at all times. 2. In lieu of an engineered site plan, the applicant shall implement the site improvements as noted with the signed property owner statement dated August 2, 2011 (copy enclosed). As noted in the statement, the improvements shall be in place by May 1, 2012. 3. One non -illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Approval of this CUP will void CUP #06-06. 6. Any expansion or change of use will require a new Conditional Use Permit. If you have any questions regarding this action, please feel free to call this office. Sincerely, ,r R. C7Cran Zoning Administrator MRC/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 �. up AUG 2 2011 August 2, 2011 Pt.anh •��-----��----J'JJ In support of my Conditional Use Permit application, CUP #06-11, for Horton's Nursery, I offer the following statements to clarify the intended use of the land covered by the CUP application: • CUP #06-11 is an expansion of the original CUP for this business, Horton's Nursery, the use which was enabled in 2006 with the approval of CUP #06-06. • CUP #06-06 enabled the establishment of the nursery and greenhouses on Property Identification Number (PIN) 76-A-62, an approximate 5 acre site. • As the business prospered, we sought to expand and acquired additional parcels to accommodate the expansion. • We now owned 6 parcels (5 parcel numbers) which we intend to utilize as part of the Horton's Nursery business. Those parcels are: 76-A-62 (the original site), 76-A-61, 76-A-63, 76-A-64, and 76-A-65. • With the approval of CUP #06-11, the retail nursery would enable the following activities to occur: o Display of nursery stock on the land area currently delineated by PIN 76-A-61. This approximate 2 acre site currently contains a residential dwelling that is being rented. In the future, this dwelling will be removed to accommodate additional nursery stock display area. o Bulk storage of sand, stone, and mulch on the southern portion of land currently delineated by PIN 76-A-65, an approximate 1 acre site. o Storage of nursery trucks and trailers would occur on the land currently delineated by PIN 76-A-64, an approximate % acre site. o Storage of pallets and other materials associated with the nursery would occur on northern portion of the land currently delineated by PIN 76-A-65, an approximate acre site. I understand that the granting of CUP #06-11 will enable my nursery to expand and utilize the site as described above. • 1 understand that the granting of CUP #06-11 does not enable the construction of any additional buildings or structures. A new CUP would be necessary prior to constructing any additional buildings or structures associated with the nursery. • 1 understand that the granting of CUP #06-11 does not exempt the business from other county code requirements, but the CUP enables the retail nursery use to be permitted. Page 1 of 5 Page 2 Horton's Nursery CUP #06-11 Applicant Statement August 2, 2011 In lieu of submitting an engineered site plan, I offer the attached sketch and below description to further illustrate how the properties within the CUP will be utilized and how agency comments and ordinance requirements will be addressed. o Certain activities (materials storage for example) require the establishment of screening to shield the use from the adjacent residents. Therefore, I will provide screening as designated areas consisting of either a 6-ft high board -on -board opaque fence or a double row of evergreen trees (3 trees per 10 linear feet, and 4-ft tall at planting). o I will continue to honor the original CUP condition that establishes a 25-ft Full Landscape Buffer to the east and south of the nursery stock and greenhouse areas. o I will honor the ordinance required riparian buffer (35-ft on both side of creek) with no disturbance along the creek on PIN 76-A-63. o VDOT limits vehicular access to the public roads. The nursery business shall not have direct access to Rt 522. Access to Fries Loop Road is limited to the existing main entrance for the nursery.. o The existing access to the rental dwelling at 2751 Front Royal Pike is limited solely for the residential use; I will establish a barrier to prohibit nursery traffic from utilizing this residential entrance onto Rt 522. In the future, the residential dwelling may be replaced with a customer parking area. o I will consolidate the six parcels into a single parcel. This will enable the elimination of the internal property lines and associated setbacks. Additionally, the consolidation of the lots will enable the accessory uses (materials, pallets, and trailer storage) to the nursery to occur on site as planned. With the approval of CUP #06-11, Horton's Nursery will be positioned to expand and prosper. I will implement the above no later than May 1, 2012, and realize that failure to implement and comply will place the property and nursery in violation of the CUP and applicable county ordinances. Signed U James M. Horton Horton Investments LLC Page 2 of 5 76 A 68 1 IESAGE LRAIE 1OHN W Y a Q O i O LL >6 f��CH fR q STB RgOUG�AS Ri W Y 4 i 8� i � 08 z 0 cr Ll- 1 4 � Ems l WC) 76 A 104D STROSNIDER DONALD L ETALS RA 76 A 104A STONESIFER MICHAEL A RA 76 A 1046 NICHOLSON THOMAS W E DORIS A RA 76 A 1-- WAHL DEREK RA 76 A 63 HORTON INVESTMENTS LLC RA �uu CAA6S 0 Pt KE4t- 76 A 60A RITTER RICHARD E SR RA m 0 z m Q3 _4s LA Page 4 of 5 JOHN lESl1E IESaGE STROSNIDER DONALD L ETALS ,.. RA ,. O _ ZZ 76 A 104A z ° STONESIFER MICHAEL A 74 DND RA J _ O �. O Q Z y 2 0 1 O ^ r - -- NICHOLSON THOMAS W 8 DORIS A - ys RA s • ^ • 1OR)ON7l6 A 1-64 MENts •A R .. ((C _. U 76 A 104C .,,;. 81 WAHL DEREK RA Q a a r ? 7 O .. ,, U o O tea,. o o, z z. -HORTON INVESTMENTS_LLC"�,,,,���rO`df1,�� 0 STROSNIDER DONALD L ,I RA .. - F 76 HORTON INVESTM ENIS` LLC .,. � , r. •. RAC z N n v _ D O m .. ' 76 1 .P HORTON INVESTMENTS LLC f A .76 60A -,CRITTER • 66HAR_C4 SR R A PIERCE KIMB R(etc yERD 51B RAOUGiAS R n ¢ 0 fTFrOHER DO� 78 RA (AS R A � LESAGE LESLIE JOHN RA 76 A 104D _ STROSNIDER DONALD L ETALS t y RA x O 1 76 A 104A z P STONESIFER MICHAEL A RA i P N n o 37 N 9r a O O 76 A 104E } ♦,� NICHOLSON THOMAS W 8 DORIS (' 1 c0� O n� o iORlp -76 srMF -- 76 A 104C WAHL DEREK RA O.Q p HORTON INVESTMENTS LLC z RA y p �. 76 A 104 - _ STROSNIDER DONALD L RA 4 • _ 76 A 62 .. 1. / HORTON INVESTMENTS LLC . c�•.�r r i � �_ • i w r 76 A 6T aRTON INVESTMENTSiLLC RA } •-• 76 A 60A • y `- .`. RITTER RICHARD E SR i 176 A- ,. PIERCE KIMB 'R CONDITIONAL USE PERMIT #06-11 HORTON'S NURSERY Staff Report for the Board of Supervisors w Prepared: August 2, 2011 ;q 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: 07/06/11 Recommended approval Board of Supervisors: 07/27/11 Tabled by BOS 08/10/11 Pending 10.14 FloINJ I l+/ W .Yid j � M1:WS This is a request for a Retail Nursery expansion of the existing Horton's Nursery on Route 522 South. The Planning Commission recommended approval of the Conditional Use Permit during their meeting on July 6, 2011. Following discussion with the Board of Supervisors and staff, and the submission of a statement of understanding and commitment from the property owner dated August 2, 2011, the conditions have been slightly revised. Should the Board of Supervisors 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. In lieu of an engineered site plan, the applicant shall implement the site improvements as noted with the signed property owner statement dated August 2, 2011. As noted in the statement, the improvements shall be in place by May 1, 2012. 3. One non -illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Approval of this CUP will void CUP #06-06. 6. Any expansion or change of use will require a new Conditional Use Permit. 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 #06-11, Horton's Nursery August 2, 2011 LOCATION: This property is located at 2731 Front Royal Pike (Route 522 S). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-61, 76-A-62, 76-A-63, 76-A-64 and 76-A-65 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Retail Nursery (CUP # 06-06) ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential PROPOSED USE: This application is for an expansion of a retail nursery. REVIEW EVALUATIONS: Virginia Department of Transportation: The following comment is from Greg Hoffman of VDOT, dated June 7, 2011: I have discussed the issue with Mr. Ingram concerning leaving a break in the fence on Lot 75-A-61 to separate the residential from the commercial uses. There will have to be a fence and gate erected to separate the two uses. There must not be any commercial use of the residential entrance on Route 522. This will need to be shown on the engineered plans that will be submitted. The following comment is from Greg Hoffman of VDOT, dated May 12, 2011: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 522 South and Route 760, the VDOT facilities which would provide access to the property. We have the following comments: Route 522: Access to Lot 76-A-61 from Route 522 must be restricted to residential use only. Commercial traffic must utilize an interparcel connection between Lot 76-A-61 and Lot 76-A-62. Owner must demonstrate segregation of use between commercial and residential traffic on Lot 76-A-61 by a wall or fence with no access to Route 522. If this is not possible, the entrance on Route 522 must be removed and all traffic for Lot 76-A-61 must utilize an interparcel connection with Lot 76-A-62. Route 760: It is recommended that access to Lots 76-A-64 and 76-A-65 be provided by an interparcel connection from Lot 76-A-63. Existing entrance on Lot 76-A-63 must be upgraded to meet VDOT standards for a low volume commercial entrance and a ditch line or a fence installed off VDOT right-of-way to limit egress/ingress to properties along Fires Loop Road in front of these lots. If 0 • Page 3 CUP #06-11, Horton's Nursery August 2, 2011 interparcel connectivity cannot be achieved, a low volume commercial entrance(s) shall be installed to Lots 76-A-64 and/or 76-A-65. Plans showing improvements on VDOT right-of-way to Route 522 and Fries Loop Road must be submitted to VDOT for review and approval. A VDOT Land Use Permit will be required for any work performed on the VDOT right-of-way. Frederick County Fire Marshall: Emergency vehicles need to be able to get in and out. Frederick County Inspections: No comment required; no structure proposed. Frederick County Department of Public Works: No comments at this time Frederick County Sanitation Authority: N/A Frederick -Winchester Health Department: No material of any kind (trees, stone, soil, evergreens, etc.) may be stored on or within ten feet at: existing drainfield, reserve area, any and all septic system components, including but not limited to treatment unit, septic tank, pump tank, conveyance line, force main, sewer line, etc. No equipment may be used on those areas, and no road (temporary or permanent) may cross or bisect any portion of the septic system and above mentioned components. (This includes the reserve area.) Planning and Zoning: The current retail nursery is located on parcel 76-A-62, a 5.57+/- acre tract of land, which was approved via CUP #06-06 on September 27, 2006. This use currently has 18,400 square feet of showroom, and 18,900 square feet of greenhouse area. A nursery stock area is placed behind the greenhouse structure, extending to the rear of the property. This property was cited with a zoning violation for expanding this use beyond the limits set forth by CUP #06-06. CUP application #06-11 is intended to resolve the zoning violation. This Conditional Use Permit (CUP) will encompass parcels 76-A-61, 62, 63, 64 and 76-A-65 with a total acreage of 11.07 +/- acres in size. Currently parcels 76-A-61 and 76-A-65 are being used for storage of nursery stock and stones. The northern part of parcel 76-A-65 and parce176- A-64 will be for future expansion. A 25-foot full landscaped buffer against any adjoining residential lots will be required. Prior to operation of this expanded retail nursery, an engineered site plan will be submitted to, and approved by, Frederick County. This site plan will address all of the requirements of the Frederick County Zoning Ordinance as well as the uses on the above referenced parcels. (See enclosure) All heavy equipment will be stored within an enclosed structure. Staff would recommend that that no new signage be permitted; signage to be limited to one (1) non -illuminating, freestanding business sign no higher than ten (10) feet and a maximum of twenty-five (25) square feet is area. This requirement is in keeping with the rural nature of this area and preventing a typical commercial strip along the eastern side of Front Royal Pike (Route 522). • Page 4 CUP #06-11, Horton's Nursery August 2, 2011 The 2030 Comprehensive Policy Plan of Frederick County ("Comprehensive Plan") provides guidance when considering any land use actions. This proposed use is located on property identified within the Comprehensive Plan to remain rural and is not part of any land study. The properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas) Zoning District. It appears that this CUP meets the intent of the goals of the 2030 Comprehensive Policy Plan of Frederick County. STAFF CONCLUSIONS FOR THE 07/06/11 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 and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by, Frederick County and all improvements completed within six months of approval of this CUP. 3. One non -illuminated, freestanding business sign shall be allowed shall be allowed with this CUP. This sign shall not exceed 25 square -feet ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Eighteen employees are permitted between the months of April -June, while the remainder of the time, the site shall have no more than six employees. 6. Approval of this CUP will void CUP #06-06. 7. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/06/11 MEETING: Commission members generally had no objections to the use taking place. However, they had concerns about how an expansion of use or intensity would be measured without first seeing the details on an engineered site plan, particularly since the size of the property has increased from five acres to eleven acres. It appeared that a couple parcels to the north had no activity; some Commissioners felt it may not be appropriate to include the vacant parcels with this CUP because they were currently not in a use associated with the nursery. It was noted that if the owner brought heavy equipment onto the property, a structure would have to be built to house the equipment, which could be considered as an increase in the intensity of use. There was also some discussion on the fact that six parcels were shown; however, only five property 0 • Page 5 CUP #06-11, Horton's Nursery August 2, 2011 identification numbers were listed. A Commissioner had suggested it may be beneficial to amend the sketch to clarify the boundaries of the use and the activity taking place on the northern parcels in order to get a better understanding about how the site is intended to be used under the CUP. Another Commissioner preferred not to see heavy equipment or buildings placed next to adjoining residential neighbors in a manner that would negatively affect their property values or the appearance of their properties. Commission members wanted to know if the applicant was comfortable with the conditions, particularly #5, which limited the number of employees during various times of the year. The applicant/owner came forward and explained when he purchased the additional parcels, what he is currently storing and/or using the properties for, and what his intentions were for the future use of the parcels. The applicant was comfortable with the proposed conditions and also with the number of employees indicated. There were no citizen comments. The Planning Commission was satisfied the applicant understood that any expansion of the current use would require a new CUP, and they were satisfied the applicant was comfortable with the conditions of the CUP. The Commission unanimously recommended approval with 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 and all improvements are to be completed within six months of approval of this CUP. 3. One non -illuminated, free-standing business sign shall be allowed with this CUP. This sign shall not exceed 25 square feet or ten feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Eighteen employees are permitted between the months of April -June, while the remainder of the time, the site shall have no more than six employees. 6. Approval of this CUP will void CUP 406-06. 7. Any expansion or change of use will require a new CUP. (Note: Commissioner Crockett was absent from the meeting.) Page 6 CUP #06-11, Horton's Nursery August 2, 2011 BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 07/27/11 MEETING: The Board of Supervisors held a public hearing on this proposed Conditional Use Permit on July 27, 2011. One citizen spoke regarding concerns about outdoor storage on the property adjoining his. The Board voted to table this application to allow the applicant to work with staff to address the outdoor storage and site development issues. ACTIONS SINCE 07/27/11 MEETING: On August 2, 2011, staff met with the applicant to address outdoor storage and site development issues associated with this proposed use. The applicant, in lieu of an engineered site plan, has provided a five page signed agreement dated August 2, 2011 that addresses identified uses and locations, and necessary site improvements including buffer, screening, and site access. All the improvements shall be in place by May 1, 2012. The agreement is enclosed within this package. CONCLUSIONS FOR THE 08/10/11 BOARD OF SUPERVISORS MEETING: The Planning Commission recommended approval of the Conditional Use Permit during their meeting on July 6, 2011. Following discussion with the Board of Supervisors and staff, and the submission of a statement of understanding and commitment from the property owner dated August 2, 2011, the conditions have been slightly revised. Should the Board of Supervisors 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. In lieu of an engineered site plan, the applicant shall implement the site improvements as noted with the signed property owner statement dated August 2, 2011. As noted in the statement, the improvements shall be in place by May 1, 2012. 3. One non -illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Approval of this CUP will void CUP #06-06. 6. Any expansion or change of use will require a new Conditional Use Permit. i 76A51C STROSNIDER DONALD LESLIE ation Parcels Pls Parcels B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) 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) bw 76 A 104E , NICHO SL ON THOMAS W 8 DORIS A . 76 A 104C WAHL DEREK `3a 76 A 62 HORTON f INVESTMENTS LLC 76 61, HORTON JVESTMENTS LLC �Z6.A A 1 a 'Stephens City, Note: Frederick County Dept of CUP # 06 - 11 Planning & Development Horton's Nursery Su0te202ntSt PINs: Winchester, VA 22601 76 - A - 61, (62, 63, 64, 65) - 665 - 5651 MMa ap Created: July 5, 2011 (Retail Nursery) Staff: mcheran 0 125 250 500 Feel ADDITION TO APPLICATION C*ITIONAL USE PERMIT #06-11 S HORTON'S NURSERY August 2, 2011 AUG 2 2011 L �M1 .y In support of my Conditional Use Permit application, CUP #06-11, for Horton's Nursery, I offer the following statements to clarify the intended use of the land covered by the CUP application: • CUP #06-11 is an expansion of the original CUP for this business, Horton's Nursery, the use which was enabled in 2006 with the approval of CUP #06-06. • CUP #06-06 enabled the establishment of the nursery and greenhouses on Property Identification Number (PIN) 76-A-62, an approximate 5 acre site. • As the business prospered, we sought to expand and acquired additional parcels to accommodate the expansion. • We now owned 6 parcels (5 parcel numbers) which we intend to utilize as part of the Horton's Nursery business. Those parcels are: 76-A-62 (the original site), 76-A-61, 76-A-63, 76-A-64, and 76-A-65. • With the approval of CUP #06-11, the retail nursery would enable the following activities to occur: o Display of nursery stock on the land area currently delineated by PIN 76-A-61. This approximate 2 acre site currently contains a residential dwelling that is being rented. In the future, this dwelling will be removed to accommodate additional nursery stock display area. o Bulk storage of sand, stone, and mulch on the southern portion of land currently delineated by PIN 76-A-65, an approximate 1 acre site. o Storage of nursery trucks and trailers would occur on the land currently delineated by PIN 76-A-64, an approximate Y2 acre site. o Storage of pallets and other materials associated with the nursery would occur on northern portion of the land currently delineated by PIN 76-A-65, an approximate Yz acre site. • 1 understand that the granting of CUP #06-11 will enable my nursery to expand and utilize the site as described above. I understand that the granting of CUP #06-11 does not enable the construction of any additional buildings or structures. A new CUP would be necessary prior to constructing any additional buildings or structures associated with the nursery. • 1 understand that the granting of CUP #06-11 does not exempt the business from other county code requirements, but the CUP enables the retail nursery use to be permitted. Page 1 of 5 Page 2 Horton's Nursery CUP #06-11 Applicant Statement August 2, 2011 In lieu of submitting an engineered site plan, I offer the attached sketch and below description to further illustrate how the properties within the CUP will be utilized and how agency comments and ordinance requirements will be addressed. o Certain activities (materials storage for example) require the establishment of screening to shield the use from the adjacent residents. Therefore, I will provide screening as designated areas consisting of either a 6-ft high board -on -board opaque fence or a double row of evergreen trees (3 trees per 10 linear feet, and 4-ft tall at planting). o I will continue to honor the original CUP condition that establishes a 25-ft Full Landscape Buffer to the east and south of the nursery stock and greenhouse areas. o I will honor the ordinance required riparian buffer (35-ft on both side of creek) with no disturbance along the creek on PIN 76-A-63. o VDOT limits vehicular access to the public roads. The nursery business shall not have direct access to Rt 522. Access to Fries Loop Road is limited to the existing main entrance for the nursery. o The existing access to the rental dwelling at 2751 Front Royal Pike is limited solely for the residential use; I will establish a barrier to prohibit nursery traffic from utilizing this residential entrance onto Rt 522. In the future, the residential dwelling may be replaced with a customer parking area. o I will consolidate the six parcels into a single parcel. This will enable the elimination of the internal property lines and associated setbacks. Additionally, the consolidation of the lots will enable the accessory uses (materials, pallets, and trailer storage) to the nursery to occur on site as planned. With the approval of CUP #06-11, Horton's Nursery will be positioned to expand and prosper. I will implement the above no later than May 1, 2012, and realize that failure to implement and comply will place the property and nursery in violation of the CUP and applicable county ordinances. Signed n)q�» A V James M. Horton Horton Investments LLC Page 2of5 � awl A.KMId V 9L- aS3 08tlH91Mums�' • tl09 tl 9L ; ,._ � . tlb .• 911 SLN3WLS3ANI NO1HOH VN T • < v Z N `L C T��• i ;. � •, �` {y fir, 311 SLN3W1S3ANI NOA s, r• 4. 1 41VNOG AGINSOa1S �e 701 V 9L O ..`M. ill S1N3W1S3AhNOlaOH a �- £ 9 V i L Rx;+ z C D - O D Z • 1', 4. va— MUG 1HVM :)Vol V 9L " _ k - 'ail S1ry3Pi 3,`� A • - lpii y� Of D,O D • � � m a • i a V SfaOo 8 h1 SVWOHl NOSIOH:)VN _ y - 9701 ­ 94 r TWO _6'7 20 D D s 0 3 j N � � LL Va G LL � t V H71W HflUNMS V701 V 9L O • _ va' S1V13 1 41VN04 1301INSOa1S Va yS31 NH0 9911S3139 ..f 76 A 68 LESAGE LESLIE 1ONN RA _t-f Q 0 a� 0 OC � r . 76 A 104A STONESIFER MICHAEL A RA 76 A 1048 NICHOLSON THOMAS W W DORIS A RA 76 A 104E WAHL DEREK RA 76 A 63 HORTON INVESTMENTS LLCM RA � A m C�ft�Er��o�sFS AV ,AOAAA"— csr„e„at rS 1 { q�� MM�� Qa i r 76 A 104D STROSNIDER DONALD L ETALS RA LAAS(A ft —Xu FF E4 76 A 60A RITTER RIG HARD E SR RA U S78oud it S B Page 4 of 5 M NORICA 9 1. VOL V 9L M83� 1HVM )t', V :. V8 SIN',] M 5VWOHINO",IHDIN- 0 %a copy COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 September 28, 2006 Mr. and Mrs. James M. Horton 908 Cedar Creek Grade Winchester, VA 22601 RE: CUP 906-06 for Horton Investment, LLC Property Identification Number 76-A-62 Dear Mr. and Mrs. Horton: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 27, 2006. The Conditional Use Pen -nit 406-06 for a retail nursery was approved with 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 business activities. 3. One (1) non -illuminated freestanding business sign shall be allowed on the property; the sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed ten feet in height. 4. The driveway along Front Royal Pike (Route 522) shall be strictly limited to an entrance and the driveway that adjoins Fries Loop Road (Route 760) shall be the exit for accessing Front Royal Pike (Route 522). 5. Eighteen employees are permitted between the months of April, May and June; while the remainder of the time, the site shall have no more than six employees. 6. Any change or expansion of use will require a new Conditional Use Permit. 7. Establish a 25-foot full landscaped buffer against any adjoining residential lots. 8. Storage of heavy equipment will take place within the greenhouse. 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 Mr. and Mrs. James M. Horton Re: CUP 906-06, Horton Investment, LLC September 28, 2006 Page 2 If you have any questions.regarding this action, please feel free to call this office. Sincerely, Kevin T. Henry Planning Technician KTH/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot and Robert A. Morris, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue • Submittal Deadline P/C Meeting G i BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the '�Owner other) NAME: �► /71�1����Y ���iiiGi� l�! r' Stf�3�`�'J`�' .L l ADDRESS: C� eelr z rs/Z/,- TELEPHONE 2. Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in the interest of the property: A1R17,C V h119W 101V 3. The property is located at: (please give exact directions and include the route number of.your road or street) tCGjLI.�L � �� t' Yi�� C,S L ocip f1 h�� 11'�y� Jr' R� �(' l�( l l'i tix7Yi Wo 4. The property has a road frontage of feet and a depth of feet and consists of acres. (Please be exact) J- S . The property is owned by 'Rjo/d 5-l�i►V'��5 y� J �' 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. 6 iV"Gv 1,6 /?-' .s 6. Tax(Parcel)Identification (I.D.)No. tk� 6 u _ Magisterial District Ltcw Current Zoning "1Y 0 7. Adjoining Properly: USE ZONING North Hoa!t i East Ik— a Vi '/? _ South %�(,�et' t West _BLS e l' 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: NAME 13 p-tl. 45y, D.Jy PROPERTY ID# Z O 9g- 1 G NAME A,n)f 1� 55 P 13� PROPERTY ID# %%y WG V ` 10'/ NAME ti 0 Gh PROPERTY ID## 0 ` 5 J NAME IN G- R . PROPERTY ID# NAME 01r�(J/1/)� PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS EVITIT"'IMM 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 DepTM nt to insp�ct your roperty where the proposed use will be conducted. Signature of Applicant 14'X//-II // 1744�% / Signature of Owner Owners' Mailing Address 909, / %� � �` 1 T v q . A.1 j Owners' Telephone No. ' R� q'_ )) .Jj ' TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: • CONDITIONAL USE PERMIT #06-11 HORTON'S NURSERY w Staff Report for the Board of Supervisors a% Prepared: July 19, 2011 w � � 11JB> 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: 07/06/11 Recommended approval Board of Supervisors: 07/27/11 Pending EXECUTIVE SUMMARY: This is a request for a Retail Nursery Extension of the existing Horton Nursery on Route 522 South. The Planning Commission forwarded a recommendation of approval for this application to the Board of Supervisors with 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 and shall identify uses on the subject parcels, 76-A-61, 76-A-62, 76-A-63, 76-A-64 and 76-A-65, prior to any business activities occurring on the parcels. 3. One non -illuminated, freestandingbusiness sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Eighteen employees are permitted between the months of April, May, and June, while the remainder of the time, the site shall have no more than six employees. 6. Approval of this CUP will void CUP #06-06. 7. Any expansion or change of use will require a new Conditional Use Permit. Following this public hearing, 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 #06-11, Horton's Nursery July 19, 2011 LOCATION: This property is located at 2731 Front Royal Pike -(Route 522 S). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-61, 76-A-62, 76-A-63, 76-A-64 and 76-A-65 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Retail Nursery (CUP # 06-06) ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential PROPOSED USE: This application is for an expansion of a retail nursery. REVIEW EVALUATIONS: Virginia Department of Transportation: The following comment is from Greg Hoffman of VDOT, dated June 7, 2011: I have discussed the issue with Mr. Ingram concerning leaving a break in the fence on Lot 75-A-61 to separate the residential, from the commercial uses. There will have to be a fence and gate erected to separate the two uses. There must not be any commercial use of the residential entrance on Route 522. This will need to be shown on the engineered plans that will be submitted. The following comment is from Greg Hoffman of VDOT, dated May 12, 2011: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 522 South and Route 760, the VDOT facilities which would provide access to the property. We have the following comments: Route 522: Access to Lot 76-A-61 from Route 522 must be restricted to residential use only. Commercial traffic must utilize an interparcel connection between Lot 76-A-61 and Lot 76-A-62. Owner must demonstrate segregation of use between commercial and residential traffic on Lot 76-A-61 by a wall or fence with no access to Route 522. If this is not possible, the entrance on Route 522 must be removed and all traffic for Lot 76-A-61 must utilize an interparcel connection with Lot 76-A-62. Route 760: It is recommended that access to Lots 76-A-64 and 76-A-65 be provided by an interparcel connection from Lot 76-A-63. Existing entrance on Lot 76-A-63 must be upgraded to meet VDOT standards for a low volume commercial entrance and a ditch line or a fence installed off VDOT right-of-way to limit egress/ingress to properties along Fires Loop Road in front of these lots. If 0 • Page 3 CUP 406-11, Horton's Nursery July 19, 2011 interparcel connectivity cannot be achieved, a low volume commercial entrance(s) shall be installed to Lots 76-A-64 and/or 76-A-65. Plans showing improvements on VDOT right-of-way to Route 522 and Fries Loop Road must be submitted to VDOT for review and approval. A VDOT Land Use Permit will be required for any work performed on the VDOT right-of-way. Frederick County Fire Marshall: Emergency vehicles need to be able to get in and out. Frederick County Inspections: No comment required; no structure proposed. Frederick County Department of Public Works: No comments at this time Frederick County Sanitation Authority: N/A Frederick -Winchester Health Department: No material of any kind (trees, stone, soil, evergreens, etc.) may be stored on or within ten feet at: existing drainfield, reserve area, any and all septic system components, including but not limited to treatment unit, septic tank, pump tank, conveyance line, force main, sewer line, etc. No equipment may be used on those areas, and no road (temporary or permanent) may cross or bisect any portion of the septic system and above mentioned components. (This includes the reserve area.) Planning and Zoninjz: The current retail nursery is located on parcel 76-A-62, a 5.57+/- acre tract of land, which was approved via CUP #06-06 on September 27, 2006. This use currently has 18,400 square feet of showroom, and 18,900 square feet of greenhouse area. A nursery stock area is placed behind the greenhouse structure, extending to the rear of the property. This property was cited with a zoning violation for expanding this use beyond the limits set forth by CUP #06-06. CUP application #06-11 is intended to resolve the zoning violation. This Conditional Use Permit (CUP) will encompass parcels 76-A-61, 62, 63, 64 and 76-A-65 with a total acreage of 11.07 +/- acres in size. Prior to operation of 'the retail nursery on this expanded area, an engineered site plan will be submitted to, and approved by, Frederick County. This site plan will address all of the requirements of the Frederick County Zoning Ordinance as well as the uses on the above referenced parcels. All heavy equipment will be stored within an enclosed structure. Staff would recommend that no new signage be permitted; signage to be limited to one (1) non -illuminating, freestanding business sign no higher than ten (10) feet and a maximum of twenty-five (25) square feet is area. This requirement is in keeping with the rural nature of this area and preventing a typical commercial strip along the eastern side of Front Royal Pike (Route 522). The 2007 Comprehensive Policy Plan of Frederick County ("Comprehensive Plan") and future comprehensive plans provide guidance when considering any land use actions. This proposed use is located on property identified within the Comprehensive Plan to remain rural and is not partof any land study. The properties immediately adjacent to this proposed CUP are currently 0 0 Page 4 CUP #06-11, Horton's Nursery July 19, 2011 zoned RA (Rural Areas) Zoning District. It appears that this CUP meets the intent of the goals of the 2007 Comprehensive Policy Plan of Frederick County. STAFF CONCLUSIONS FOR THE 07/06/11 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 and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by Frederick County and all improvements completed within six months of approval of this CUP. 3. One non -illuminated, freestanding business sign shall be allowed shall be allowed with this CUP. This sign shall not exceed 25 square -feet ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. Eighteen employees are permitted between the months of April -June, while the remainder of the time, the site shall have no more than six employees. 6. Approval of this CUP will void CUP #06-06. 7. Any expansion or change of use will require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/06/11 MEETING: Commission members generally had no objections to the use taking place. However, they had concerns about how an expansion of use or intensity would be measured without first seeing the details on an engineered site plan, particularly since the size of the property has increased from five acres to eleven acres. It appeared that a couple parcels to the north had no activity; some Commissioners felt it may not be appropriate to include the vacant parcels with this CUP because they were currently not in a use associated with the nursery. It was noted that if the owner brought heavy equipment onto the property, a structure would have to be built to house the equipment, which could be considered as an increase in the intensity of use. There was also some discussion on the fact that six parcels were shown; however, only five property identification numbers were listed. A Commissioner had suggested it may be beneficial to amend the sketch to clarify the boundaries of the use and the activity taking place on the northern parcels in order to get a better understanding about how the site is intended to be used under the CUP. Another Commissioner preferred not to see heavy equipment or buildings placed next to adjoining residential neighbors in a manner that would negatively affect their property values or the appearance of their properties. Commission members wanted to know if the applicant was Page 5 CUP #06-11, Horton's Nursery July 19, 2011 comfortable with the conditions, particularly #5, which limited the number of employees during various times of the year. The applicant/owner came forward and explained when he purchased the additional parcels, what he is currently storing and/or using the properties for, and what his intentions were for the fiiture use of the parcels. The applicant was comfortable with the proposed conditions and also with the number of employees indicated. There were no citizen comments. The Planning Commission was satisfied the applicant understood that any expansion of the current use would require a new CUP, and they were satisfied the applicant was comfortable with the conditions of the CUP. The Commission unanimously recommended approval with 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 and all improvements are to be completed within six months of approval of this CUP. 3. One non -illuminated, free-standing business sign shall be allowed with this CUP. This sign shall not exceed 25 square feet or ten feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Eighteen employees are permitted between the months of April -June, while the remainder of the time, the site shall have no more than six employees. 6. Approval of this CUP will void CUP #06-06. 7. Any expansion or change of use will require a new CUP. (Note: Commissioner Crockett was absent from the meeting.) 76A50 RILEY PRESTQN 522 /522 76A51C STROSNIDER DONA_LD LES IE Application Parcels B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) 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) IRS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 76A65 HORTON 76 A 64 HORTON 76TA 164A STONESIFER MICHAEL A 76 A 104E NICHOLSON THOMAS W 8 DORIS A 76 A 104C WAHL D_ER EK 76A63 HORTON INVESTMENTS LLG 76 A 62 HORTON INVESTMENTS LLC 76A591 HUFFMAN TIMOTHY N is #Iwt4 e� �� 117A A i Note: Frederick County Dept of UP # 06 - 11 Planning & Development 107 N Kent St e xton's Nursery suite 202 DNS; Winchester, VA 22601 - a 5651 A - 61, (62, 63, 64, 65) Ma - 665 - ap Created: July 5, 2011 Mail Nursery) Staff: mcheran 125 250 500 Feel 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. lvak'S ey .p40clt i 1 S95✓�5l N N u7 O a� O fY 0 existing 50' r/w (not built) i existing r/w (not visible) 4o R = 1392.39' A = 86.46' Delta = 3'33'28" Chord N13`16'28"W 86.45' cn o � c O O � O 1 o rn n o ;� Wahl D.B. 458, P. 24 i TM 76—A-104C S8029 aoU 513.31 27' i �N. � �<v S3'46' E •�'� 52.83, S1738'21 47.48' 5.5686 acres •'Q TM 76—A-62 a�`.4e ; 1\18�1'42'09"W 162 74' \�'t — 1116.54' N81 28,12w 05. .29• Snider D.B. 728, P. 354 TM 76—A-61 (2 cn Ln c� N8125'�2" 376.36' � Ritter D.B. 758, P. 291 TM 76—A-60A 0 200' 400' scale in feet 984,3°S 0'W � S6 Ap plr 76_ P. 786 —704 Huffman D.B. 561, P. 543 TM 76—A-591 Boundary Survey of the Land of William E. Pifer Instrument 030004889 W.B. 54, Page 297 Tax Map 76—A-62 Opequon Magisterial District, Frederick County, Virginia N otes: (1) No title report furnished, easements not shown may exist. (2) This tract is not in the 100 year flood plain designated by HUD, established from FIRM Community Panel no. 510063 0200 b, effective July 17, 1978. (3) Western boundary of this property was established from the following: Project 0522-034—V10 Project 0522-034—V14 Project 377—Rt.37 • NDARY SURVEY LAND OF DAVID S. AND PAMELA B. LEHR INSTRUMENT NUMBER 20070001270 SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA \IRS 9' 29' 42" W IRS 105.35' � o Lo do ti �PN��2590 \ HICKORI THIS LOT IS LOCATED IN HUD FLOOD ZONE C, AREA OF MINIMAL FLOODING AS SCALED FROM FIRM MAP 510063 0200 B EFFECTIVE JULY 17, 1978 N 30' 16'26" w V52.75' LOCUST 59 16'19'35" E POST FD E_ 40' R /% �-� O� `D �KCr!T 42'A W P,K 27.76' vDOT IRF ,d�„ w N 45'20 IRF 0 s 35728— — /66.95' IR cx°� Q �`1-��� TM A76—A-65 VDOT IRF �56 8� PARCEL 2 25' j TM 76—A-64 N 2� O PARCEL 1 V-OP' nN TM 76—A-65 VDH MON. OQP ca S �- O IRS / j0 F��s G�0vo Zllw I NOTES: 1 NO, TITLE REPORT FURIIISHED IRS 2) TOTAL SQUARE FOOTAGE OF AAPrFT..0 i.e- 9 TQ q4 ono N OISOSPARTNENT 0 190 380 760 Feet FREDERICK COUNTY, VA COMMISSIONER OF THE REVENUE 3 1 1 It iN 400 i cv mg wats�S'3d . \\ zl X R 'Id u1 "� V aid* -a � cr E� N �),—'—,a LU I�a t 13 � --�'� •� Z � ter^ � � � ° �� b�•�%o `�`' � � n wig z1 ' s`�opa� � Q iw jsAS -3•d '1f1.bS .8i.81 'p �Lu ( TO 091'3.LU'NNt J *X738 9796•11 'ld _ - _, 3 L • a 9' ; �✓ _ • a c I 70 091 '3-Ly 8198•YI *.L d 69'699 M w/ t CS •.�— 99.699 ur silt' w6ulM -7 SIIoMXaH Q'PIS O� �UaNn� XoS.S X,4£7d w uo CO 5 O , w y' • , '� j$ I ttil ' f ;t5f5 3 io to �' cr- �t&- 4Lci Y ca Cl VIA cs y s�oW7' � 19� p \ \ c U a j" V-- G CD o �- LQ 1 ( qrj 5 3 ON � 1 sop ° 7'7'jns� 1.ad.9 Z5SZ• p lZS sky og Od 72 tJ �\SbS d ��, `2� Zz, o \ • \ \ 060 0 N 3 Co CONDITIONAL USE PERMIT #06-11 4 HORTON'S NURSERY Staff Report for the Planning Commission w Prepared: June 15, 2011 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: 07/06/11 Pending Board of Supervisors: 07/27/11 Pending EXECUTIVE SUMMARY: This is a request for a Retail Nursery. Extension of the existing Horton Nursery on Route 522 South. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 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 and shall identify uses on the subject parcels, 76-A-61, 76-A-62, 76-A-63, 76-A-64 and 76-A-65, prior to any business activities occurring on the parcels. 3. One non -illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. Eighteen employees are permitted between the months of April, May, and June, while the remainder of the time, the site shall have no more than six employees. 6. Approval of this CUP will void CUP #06-06. 7. Any expansion or change of use will require a new Conditional Use Permit. 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. 0 0 Page 2 CUP #06-11, Horton's Nursery June 15, 2011 LOCATION: This property is located at 2731 Front Royal Pike (Route 522 S). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-61, 76-A-62, 76-A-63, 76-A-64 and 76-A-65 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Retail Nursery (CUP # 06-06) ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential PROPOSED USE: This application is for an expansion of a retail nursery. REVIEW EVALUATIONS: Virzinia Department of Transportation: The following comment is from Greg Hoffman of VDOT, dated June 7, 2011: I have discussed the issue with Mr. Ingram concerning leaving a break in the fence on Lot 75-A-61 to separate the residential from the commercial uses. There will have to be a fence and gate erected to separate the two uses. There must not be any commercial use of the residential entrance on Route 522. This will need to be shown on the engineered plans that will be submitted. The following comment is from Greg Hoffman of VDOT, dated May 12, 2011: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 522 South and Route 760, the VDOT facilities which would provide access to the property. We have the following comments: Route 522: Access to Lot 76-A-61 from Route 522 must be restricted to residential use only. Commercial traffic must utilize an interparcel connection between Lot 76-A-61 and Lot 76-A-62. Owner must demonstrate segregation of use between commercial and residential traffic on Lot 76-A-61 by a wall or fence with no access to Route 522. If this is not possible, the entrance on Route 522 must be removed and all traffic for Lot 76-A-61 must utilize an interparcel connection with Lot 76-A-62. Route 760: It is recommended that access to Lots 76-A-64 and 76-A-65 be provided by an interparcel connection from Lot 76-A-63. Existing entrance on Lot 76-A-63 must be upgraded to meet VDOT standards for a low volume commercial entrance and a ditch line or a fence installed off VDOT right-of-way to limit egress/ingress to properties along Fires Loop Road in front of these lots. If interparcel connectivity cannot be achieved, a low volume commercial entrance(s) shall be 0 0 Page 3 CUP #06-11, Horton's Nursery June 15, 2011 installed to Lots 76-A-64 and/or 76-A-65. Plans showing improvements on VDOT right-of-way to Route 522 and Fries Loop Road must be submitted to VDOT for review and approval. A VDOT Land Use Permit will be required for any work performed on the VDOT right-of-way. Frederick County Fire Marshall: Emergency vehicles need to be able to get in and out. Frederick County Inspections: No comment required; no structure proposed. Frederick County Department of Public'Works: No comments at this time Frederick County Sanitation Authority: N/A Frederick -Winchester Health Department: No material of any kind (trees, stone, soil, evergreens, etc.) may be stored on or within ten feet at: existing drainfield, reserve area, any and all septic system components, including but not limited to treatment unit, septic tank, pump tank, conveyance line, force main, sewer line, etc. No equipment may be used on those areas, and no road (temporary or permanent) may cross or bisect any portion of the septic system and above mentioned components. (This includes the reserve area.) PlanninI4 and Zoning: The current retail nursery is located on parcel 76-A-62, a 5.57+/- acre tract of land, which was approved via CUP #06-06 on September 27, 2006. This use currently has 18,400 square feet of showroom, and 18,900 square feet of greenhouse area. A nursery stock area is placed behind the greenhouse structure, extending to the rear of the property. This property was cited with a zoning violation for expanding this use beyond the limits set forth by CUP #06-06. CUP application #06-11 is intended to resolve the zoning violation. This Conditional Use Permit (CUP) will encompass parcels 76-A-61, 62, 63, 64.and 76-A-65 with a total acreage of 11.07 +/- acres in size. Prior to operation of the retail nursery on this expanded area, an engineered site plan will be submitted to, and approved by, Frederick County. This site plan will address all of the requirements of the Frederick County Zoning Ordinance as well as the uses on the above referenced parcels. All heavy equipment will be stored within an enclosed structure. Staff would recommend that that no new signage be permitted; signage to be limited to one (1) non -illuminating, freestanding business sign no higher than ten (10) feet and a maximum of twenty-five (25) square feet is area. This requirement is in keeping with the rural nature of this area and preventing a typical commercial strip along the eastern side of Front Royal Pike (Route 522). The 2007 Comprehensive Policy Plan of Frederick County ("Comprehensive Plan") and future comprehensive plans provide guidance when considering any land use actions. This proposed use is located on property identified within the Comprehensive Plan to remain rural and is not part of any land study. The properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas) Zoning District. It appears that this CUP meets the intent of the goals • 0 Page 4 CUP #06-11, Horton's Nursery June 15, 2011 of the 2007 Comprehensive Policy Plan of Frederick County. STAFF CONCLUSIONS FOR THE 07/06/11 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 and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by, Frederick County and shall identify uses on the subject parcels prior to any business activities occurring on those parcels. 3. One non -illuminated, freestanding business sign shall be allowed on the property; the sign shall be limited to 25 square -feet in area. The sign shall not exceed ten (10) feet in height. 4. Any storage of heavy equipment shall take place within an enclosed structure. 5. Eighteen employees are permitted between the months of April, May, and June, while the remainder of the time, the site shall have no more than six employees. 6. Approval of this CUP will void CUP #06-06. 7. Any expansion or change of use will require a new Conditional Use Permit. 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. • JUN 32011 ...r tic1&' CO � Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the V-Zowner other) NAME: 4/VAN ADDRESS: Q0 P11/'4X P-MIJIlk 0-Rdl, VA vwt TELEPHONE ,5JItf - -4% �' e?Ll `3f-� ' ydBPl 2. Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in the interest of the property: �&' � A1,9,oCY114fk0l 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 feet and a depth of feet and consists of acres. (Please be exact) 5. Theproperty is owned by ��C�'n �Y'v 5 1'ViliS k 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. 6. Tax(Parcel)Identification (I. D. )No. 7%7-'/9'-6 G 1 Magisterial District iLON Current Zoning 7. Adjoining Property: USE ZONING North Hoa�'t East /kagi -l? South , E 817 West % J"e % 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: Ide 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 I? A L PROPERTY ID# NAME A 1 �e E l) PROPERTY ID# %/�/ %�'/� _ IQ J/ NAME (iC ✓ Gh 4 PROPERTY ID# �,. - r 41 `5 NAME ' —/N 11 7. 1 PROPERTY ID# �A NAME ft- �qNV PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS aIPC_ Xy 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. /1/LCkS eSy40clC Ile Reev Muse O luck N N O C N 0 Q' (n existing 50' r/w (not built) i existing r/w (not visible) R = 1392.39' A = 86.46' Delta = 3'33'28" Chord N13'16'28"W 86.45' Notes: (n' o C r-t-� i— (D o o _TJ O 1 O C)r) j n o ; 0 200' 400' scale in feet s8—'2 59'E N2753'4E'E 52.83 Wa.h I D.B. 458, P. 24 TM 76—A-104C 513.31' S17'3821' 47.48' 5.5686 acres TM 76—A-62 162 74' `tk 11116.54' N8125'12"W V S6g Fo 10 47' "W 6295 Snider D.B. 728, P. 354 TM 76—A-61 \Q' E• S28 4, \Q s83sow Cl> J� N81 25'12"1y 316.36' Ritter D.B. 758, P. 291 TM 76—A-60A y o e Ss pier to -1No w rn A_1D4 \Q� Huffman o.� D.B. 561, P. 543 ° TM 76—A-591 Boundary Survey of the Land of William E. Pifer Instrument 030004889 W.B. 54, Page 297 Tax Map 76—A-62 Opequon Magisterial District, Frederick County, Virginia (1) No title report furnished, easements not shown may exist. (2) This tract is not in the 100 year flood plain designated by HUD, established from FIRM Community Panel no. 510063 0200 b, effective July 17, 1978. (3) Western boundary of this property was established from the following: Project 0522-034—V10 Project 0522-034—V14 Project 377—Rt.37 MUNDARY SURVEY LAND OF DAVID S. AND PAMELA B. LEHR INSTRUMENT NUMBER 20070001270 SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA 39' 29' 42" W IRS 4 IRS 105.35' THIS LOT IS LOCATED IN HUD FLOOD ZONE C, AREA OF MINIMAL FLOODING AS SCALED FROM FIRM MAP 510063 0200 B EFFECTIVE JULY 17, 1978 v) do �o � �2 v> O- rzt O I d0 ti �`po\ s � N 30' 16'26" W 5g0 � \ )HICTK52.75' 16 9'35" E \ Posr KE_40, R/W \ h v PARCEL 2 v / TM 76-A-f PARCEL 1 nN: TM 76-A-65 IRS P� v�j Ro' Nu 22% -7 fj VDOT IRFN 45*?0'43" W CL� S 3528' 42 W /66.95' PARCEL 1 TM 76-A-65 VDOT IRF 2510 g'1 5� E �g 2 21' �"- N OQ �OPO O F�\Esyvo NOTES: 1) NO TITLE BEPORT FURNISHED 2) TOTAL SQUARE FOOTAGE OF PAprFT..Q 1.0- 9 TV c4 onn OIS DEPARTMENT 0 190 .380 760 Feet FREDERICK COUNTYNA :1 COMMISSIONER OF THE REVENUE 'X� 5\e� ca lip SlruAs �1 en. -7 -a b564 • 18.50 Rra 522 NSL Sur. C L Q \\ \\ \\ \\ I •��; i' r /�` \ / P tP3 Q7W Rle 760 Sur. C.L a i O� 6 soda G • 265906, Rl, rrozr ci N 6S 25 n isg µode 66� 8� ;�\ \\ \�l� %� i '1 a p —A �r w34 SKI' 000es co (ih, �l \ \ C • SIS �jl t I j q' i \ \ (N 6T 4' ,, co co rS 6 ©-n o -o '^ fir' ( "twl• \T _41 c C. So cow � • � a' In PI. J3'X 5' X 5, Box Cuh,.H j � 70 • ~ sa� j oho SId. H xWaos & Wingwalls Inv. In 6 06MV. Ow _�•• _ I �' IL \ P.O.T. 14.86J8 RT. E 760 CL �Ii�-��'�+a PI 11.46.66 RELOC CONN.RTE. 760CL ) em 17 E,o Q• 7ff 38' 59' RT. P.E N3( 392 2 • Ceilors 6' i • 64.65 N 75 J4 55' W • - - 1 .a ' El zo P I Gow Cow., 'C.yno 710 Ill Applei � 4 , In P1. 2/ X !Z C.11. pipe 4 _ 1 t_ 49 \\ P.E. System i� EF..�I `r —'� 8 w 1 }� 1 \" 16 k rn 4n° 2 ' 10' pales 1 21.85m tl II 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 fiont 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 insp�ct your property where the proposed use will be conducted. Signature of Applicant Signature of Owner �'�:: g -) I. iz- Owners' Mailing Address 90 Owners' Telephone No. �i�! �` �. %� "�L �� '' �er TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Mark Cheran From: Hoffman, Gregory [Gregory.Hoffman@VDOT.Virginia.gov] Sent: Tuesday, June 07, 2011 8:47 AM To: Mark Cheran Subject: Horton's Investment, LLC Marc, I have discussed the issue with Mr. Ingram concerning leaving a break in the fence on Lot 76 A 61 to separate the residential from the commercial uses. There will have to be a fence and gate erected to separate the two uses. There must not be any commercial use of the residential entrance on route 522. This will need to be shown on the engineered plans that will be submitted. If you have any further questions, please do not hesitate to call. Thanks, Gregory T. Hoffman, Permit Specialist Clarke, Frederick, Shenandoah & Warren Counties VA Department of Transportation — Land Development 2275 Northwestern Pike Winchester, VA 22603 Phone #(540) 535-1824 Fax # (540) 535-1846 y V 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: Nan}e%of d velovent a}�d/or descriptionnoof the request: 1-104 Locationp i(pv %bv/d`111/tl /'7 (c& ` A Va. Dept. of Transportation Comments: See attached VDOT comments dated Mav 12, 2011. V 17i7T Signature and Date: %,)i �,;LU \,J` _ -rll i _ / 0 5 / 12 / 11 (NOTICE TO RESIDENT ENGINE �P + ASE ftT1%N)TMSirPRM 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. ._I .k 0 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 811 Commerce Road Staunton, VA 24401-9029 www.VirginiaDOT.org GREGORYA. WHIRLEY COMMISSIONER May 12, 2011 Mr. Jim Horton C/O Horton's Investment, LLC 908 Cedar Creek Grade Winchester, VA 22601 Ref: Request for Conditional Use Permit Comments - Horton's Nursery, Inc. Route 522, Frederick County Dear Mr. Horton: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 522 South and Route 760, the VDOT facilities which would provide access to the property. We have the following comments: Route 522: Access to Lot 76-A-61 from Route 522 must be restricted to residential use only. Commercial traffic must utilize an interparcel connection between Lot 76-A-61 and Lot 76-A-62. Owner must demonstrate segregation of use between commercial and residential traffic on Lot 76-A-61 by a wall or fence with no access to Route 522. If this is not possible, the entrance on Route 522 must be removed and all traffic for Lot 76-A-61 must utilize an interparcel connection with Lot 76-A-62. Route 760: It is recommended that access to Lots 76-A-64 and 76-A-65 be provided by an interparcel connection from Lot 76-A-63. Existing entrance on Lot 76-A-63 must be upgraded to meet VDOT standards for a low volume commercial entrance and a ditch line or a fence installed off VDOT right-of-way to limit egress/ingress to properties along Fires Loop Road in front of these lots. If interparcel connectivity cannot be achieved a low volume commercial entrance(s) shall be installed to Lots 76-A-64 and/or 76-A-65. Plans showing improvements on VDOT right-of-way to Route 522 and Fries Loop Road must be submitted to VDOT for review and approval. A VDOT Land Use Permit will be required for any work performed on the VDOT right-of- way. Should you have any questions or would like to discuss, please give me a call. Gre ojart T. offman�P "lml' Specialis Cla kFr Brick, She a�oah Et Ware Counties VA �ement of Transportation - Land Development 2275rthwestern Pike Winchester, VA 22603 Phone #(540) 535-1824 Fax #(540) 535-1846 WE KEEP VIRGINIA MOVING 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 Coverstonetl ty Building, if you prefer to hand deliver this review form. 1FAR 2 S 23�3a Applivant's name, address and phonq number:909e9dnR pWek Nameofd velopmen and/or description of the request: S'kwot Location:'�� Fire Marshal Comments: �d�d e.�c. er��yy��•c /ems .ili��� r� ,�� �� T �-�7'�'��S cs�.'� -- Fire Marshal Signature & Date - (NOTICE TO FIRE MARSHAL - PLEASE RETURN THIS FORM 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 a copy of your application form, location map and any other pertinent information. �ZC$ O 0 A � ua x P4 `'� Oq r4 VIRGINIA Control number CUP11-0004 Project Name Horton's Nursery Address 908 Cedar Creek Grade Type Application Conditional Use Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Emergency Vehicle Access Comments Access Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 4/26/2011 City Winchester Tax ID Number 76-A-61 Date reviewed 5/12/2011 Applicant Horton's Investments LLC_ State Zip VA 22601 Fire District 21 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisleway Width Additional Comments emergency venicles need to be able to get in and out. Date Revised Applicant Phone 540-869-2115 Rescue District 21 Election District Opequon Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature _ Yes S. Mark Showers Title /� 0 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. s namf, address a d phon number: �GIU.s moves rnen�.1.�� Ph -5H0 - R6 9- V 11 S L".Pl/ 51*?U - -103 700, i Name of d velopment nd/or description of the request: Location: a � 9i 9-40 ,'e up b 0 20 / ` - ZWWA4131 711-11'41,6 Inspections Department Comment: • a _ �r asoi Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT*I THIS FOR 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. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 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 deliver this form. Name,of devWICelopment�pd/or description of the request: J� 9 . /yaks e pY .�'N c S lv'## ; 2w4e,031 SV/V P , L �C, Locatio : ,)?9/ % - �-/i -P Health Department Comments: Signature and Date: (NOTICE TO FJE-i TH DEPT*PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. RF�F�v�O QPR S 7 A� MA TO yyV.t . Y / k� . i ' •+ - { s. � r ry .. rt . f � • S.� '' 1,J" �; • J•Art � •ry i '� h„,, R . } ,r' q i ., " 's �bri•.4; _/ l.tiir t i Y /.' /.� E i.n+ • ,'. .. ' .i i' i I rr I it .1 � ,:\ ; al Yam�( :�`�IL , � �,t � � •�. y ; ,�, .s Yr� ,j�f ; , , `�•� „!u "31 � i (11► �' �) � 'q!a �,�r•J - �;4\+ ' ._ . � �. Ad AP Y'� /, S;� r � ...f� 'Y', �; "y {. •i•Y f ��. 1 yJ/r' �•�J\ir' � � ,j_ ; � , - t ♦}. 0� \ �r r t q�,/�• w , 1 � . `��' �'7P S r�1 � _ � j\ k y •� y r -•' i •1 _• ... `. -49 w. 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 13, 2011 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #06-11 FOR HORTON'S NURSERY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 27, 2011, 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 906-11 of Horton's Nursery for a Retail Nursery. The properties are located at 2731 Front Royal Pike (Route 522 S), and are identified with Property Identification Numbers 76-A- 61, 76-A-62, 76A-63, 76-A-64 and 76-A-65 in the Shawnee 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.co.frederick.va.us. Sincerely, �r Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 COUNPof FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 { 7�1 011 . � AUG 8 Z 6 - A- - 140t WAHL DEREK, 424 LILAC TER NE LEESBURG VA n E I VI SELL - �014 E try�'764 b�t`10,S000 016H26508243 I $ 00.440 to 07/13/2011 Mailed From 22601 U$ POSTAGE 20176.4025 C U-9 NIXIE 220 DE 1 22 00/03/11 RETURN TO SENDER UNDELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 22601-SOOO99 *.2792-05943-03-.29 I„1,11,1,1,11„11,,,,,,11,1,I,]I,,,11,,,I1,,,1,I„l,l,,,II„1 E COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING July 29, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #06-11 FOR HORTON'S NURSERY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, August 10, 2011, 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 #06-11 of Horton's Nursery for a Retail Nursery. The properties are located at 2731 Front Royal Pike (Route 522 S), and are identified with Property Identification Numbers 76-A- 61, 76-A-62, 76A-63, 76-A-64 and 76-A-65 in the Shawnee Magisterial District. 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.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify th Ptl attached correspondence was Wd to the following on "7fioin the Department of Planning and Development, Frederick County., Virginia: - -- - - - G R'tt Horton Investments LLC 908 Cedar Creek Grade Winchester, VA 22601 Derek Wahl 424 Lilac Ter NE Leesburg, VA 20176 Donald Strosnider 313 Knight Dr. White Post, VA 22663 Timothy Huffman Brenda McDaniel 200 Gemstone Dr. Winchester, VA 22602 Richard Ritter 141 Gemstone Dr. Winchester, VA 22602 STATE OF VIRGINIA COUNTY OF FREDERIC]K eorge r er Lauretta Lockhart 172 Fries Loop Rd. Winchester, VA 22602 Michael Stonesifer 151 Fries Loop Rd. Winchester, VA 22602 - ( Thomas & Doris Nicholson 153 Fries Loop Rd. Winchester, VA 22602 �I Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department I, y a Notary Public in and for the State and County aforesaid, do reby certify that M R. Cheran, Zoning & Subdivision Administrator for the Departme t of 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 My commission expires oz .,..BEw+ R� DU LI NGER NOTARYREGISTRATION S 331878 COMMONWEALTH OF VIRGINIA MY COMMISSION 31, EXPIRES r- W L • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 13, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #06-11 FOR HORTON'S NURSERY On behalf of the Frederick County Board of Supervisors, you are hereby.notified of a public hearing being held on Wednesday, July 27, 2011, 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 #06-11 of Horton's Nursery for a Retail Nursery. The properties are located at 2731 Front Royal Pike (Route 522 S), and are identified with Property Identification Numbers 76-A- 61, 76-A-62, 76A-63, 76-A-64 and 76-A-65 in the Shawnee 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.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify thatt the attached correspondence was iiwed to the following on from the Department of Planning and Development, Frederick County, Virginia: 76 - A. • 66- 76 - A• - 61- RITTER GEORGE N JR HORTON INVESTMENTS LLC & LOCKHART LAURETTA E 908 CEDAR CREEK GRADE 172 FRIES LOOP RD WINCHESTER VA 22601.2704 WINCHESTER VA 22602.4820 76 - A- -104-C - - 76 - A. -104•A WAHL DEREK STONESIFER MICHAEL A 424 LILAC TER NE 151 FRIES LOOP RD 22602 4821 LEESBURG VA 20176.4025 WINCHESTER VA 76 - A- -104- 76 . A- -104-B STROSNIDER DONALD L ETALS NICHOLSON THOMAS W & DORIS A 313 KNIGHT DR 153 FRIES LOOP RD WHITE POST VA 22663-1724 WINCHESTER VA 22602.4821 76 A- . 59.1 HUFFMAN TIMOTHY N & MCDANIEL BRENDA K 200 GEMSTONE OR WINCHESTER VA 22602.4831 76 A• - 60-A RITTER RICHARD E SR 141 GEMSTONE DR WINCHESTER VA 22602.4830 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICIK L. , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Department of 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 day of My commission expires on NOTARY PUBLIC 0 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 24, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #06-11 FOR HORTON'S NURSERY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, July 6, 2011, 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 906-11 of Horton's Nursery for a Retail Nursery. The properties are located at 2731 Front Royal Pike (Route 522 S), and are identified with Property Identification Numbers 76-A- 61, 76-A-62, 76A-63, 76-A-64 and 76-A-65 in the Shawnee, 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.co.frederick.va.us. Sincerely, Ir' R. C eran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 to certify that attached correspondence. was mailed to the following on This is fy f p from the Department of Planning and Development, Frederick County., Virginia: ! 76 A 66 '�' RITTER GEORGE N JR 76 A 61 & LOCKHART LAURETTA E HORTON INVESTMENTS LLC j 172 FRIES LOOP RD 908 CEDAR CREEK GRADE WINCHESTER VA 22602.4820 WINCHESTER VA 22601.2704. A C 76 - A- -104-A 76 - EK 76 - - -10404 STONESIFER MICHAEL A 424 LILAC TER NE LEESBURG VA 20176.4025 76 - A- - 104- STROSNIDER DONALD L ETALS 313 KNIGHT DR WHITE POST VA 22663.1724 76 -A- 59-I - - HUFFMAN TIMOTHY N & MCDANIEL BRENDA K 200 GEMSTONE DR 151 FRIES LOOP RD WINCHESTER VA 22602.4821 76 - A- -104-B NICHOLSON THOMAS W & BORIS A 153 FRIES LOOP RD WINCHESTER VA 22602.4821 WINCHESTER VA 22602-4831 76 - A- - 60-A RITTER RICHARD E SR 141 GEMSTONE DR i WINCHESTER VA 22602 4830/�7 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICIK l�. a Notary Public in and for the State and County afbresai7d,-d-o—herd5y certify that MarlyR. Cheran, Zoning & Subdivision Administrator for the Depart e of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State a d County aforesaid. n Given under my hand this c�—) �� ay of r My commission expires only BEVERLY 11 NOTARY PUB 3i3.1878 REGISTRATION OF VIRGINIA COMMONWEALTH MY CO UMYS3102 15..��" ❑d .� _ �i !u � � r 4� i r 7-0/U `S �J ` (2- 4e- ''r`i- - 7. Adjoining Property: '0q-- MBARBARq_pATA PROLES USE North ROV46 East u vi South MY416 / West E FROM : BEV - PI nning Dept. SING ZONING Please p i t sets of label by -/I l� 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: �1 , 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 I9 ADDRESS PROPERTY ID# T/n 7�-17 • INC V NAME A / E fl ADDRESS PROPERTY ID# NAME MV � ADDRESS PROPERTY ID# YI - / �J ri I q NAME -IAI , 4.,A. i/ADDRESS 561 5 PROPERTY ID# NAMEel�i,&1V P AN O ADDRESS PROPERTY ID# NAME 411W ✓ ADDRESS PROPERTY ID#