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039-21 (CUPKSSLC(KatherineSolenberger)) 41GK Cpm ORDINANCE Action: PLANNING COMMISSION November l7, 2021 Recommended Approval BOARD OF SUPERVISORS: December 8, 2021 Approved ORDINANCE CONDITIONAL USE PERMIT #09-21 KSS, LC KATHERINE SOLENBERGER WHEREAS, CONDITIONAL USE PERMIT APPLICATION#09-21 was submitted for the operation of a special event facility on 303.81+/- acres. The property is located at 1454 Apple Pie Ridge Road (Route 739)Winchester,Virginia and is further identified with Property Identification Number 42-A-356 in the Stonewall Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use Permit on November 17, 2021 and recommended approval with conditions; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on December 8, 2021; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Conditional Use Permit to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code,Zoning,is amended to revise the zoning map to reflect that Conditional Use Permit#09-21 to allow the establishment of a special event facility on 303.81+/-acres on the parcel identified with Property Identification Number 42-A-356 is approved with the following conditions: I. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan,in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance and addressing additional regulations for specific uses contained in §165-204.30,shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. A modified commercial entrance, meeting all current Virginia Department of Transportation (VDOT) standards, shall be permitted, and installed within one(1)year of the approval of this CUP. 4. Events shall start no earlier than noon and all events and related activities shall conclude by 11 Res, No. 039-21 P.M. Amplified outdoor music shall conclude by 9 P.M. 5. Special events may accommodate up to and not to exceed 200 persons. 6. One(1)monument style sign with a maximum sign area not to exceed 50 square feet(SF) and not to exceed 10 feet (FT) in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. This ordinance shall be in effect on the date of adoption. Passed this 8h day of December 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye David D. Stegmaier Aye Judith McCann-Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST is ae Poe Frederick ountyAdiPi Res. No. 039-21 cod CONDITIONAL USE PERMIT #09-21 KSS LC. (Katherine Solenberger) - Special Event Facility q Staff Report for the Board of Supervisors Prepared: November 18,2021 Staff Contact: M. Tyler Klein, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/17/2021 Recommended Approval Board of Supervisors: 12/08/2021 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit(CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a special event facility to be appropriate,the Planning Commission recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIZI of the Frederick County Zoning Ordinance and addressing additional regulations for specific uses contained in §165-204.30, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. A modified commercial entrance, meeting all current Virginia Department of Transportation (VDOT) standards, shall be permitted, and installed within one (1)year of the approval of this CUP. 4. Events shall start no earlier than noon and all events and related activities shall conclude by 11 P.M. Amplified outdoor music shall conclude by 9 P.M. 5. Special events may accommodate up to and not to exceed 200 persons. 6. One (1)monument style sign with a maximum sign area not to exceed 50 square feet(SF) and not to exceed 10 feet(FT)in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. 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 909-21, KSS LC., (Katherine Solenberger)— Special Event Facility November 18, 2021 LOCATION: The subject property is located at 1454 Apple Pie Ridge Road (Route 739), generally south of Hiatt Road (Route 672) and generally north of Glendobbin Road(Route 673). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 42-A-356 PROPERTY ZONING &PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural/Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural/Residential (SFD) South: RA (Rural Areas) Use: Agri cultural/Vacant/Residential (SFD) East: RA (Rural Areas) Use: Agri cultural/Vacant West: RA (Rural Areas) Use: Agri cultural/Vacant/Residential (MH) PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of special event facility for weddings, business meetings, birthday parties, showers, reunions, and other similar type event on approximately 303.81+/-acres. REVIEW EVALUATIONS: Virginia Department of Transportation: VDOT has completed its review of the subject application and offers the following comments: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 739, (Apple Pie Ridge Road), the VDOT facility providing access to the property. While the existing entrance, on Route 739 is out of compliance with the VDOT commercial entrance standards, the applicant has agreed to install a modified commercial entrance, meeting the current standards, which will be adequate for the proposed CUP. Should the commercial use ever expand in the future, the entrance will need to be reviewed to determine if additional improvements may be required. See original comment email dated September 7, 2021. Winchester-Frederick County Health Department: This Health Department has no objections provided the venue is served by an approved water supply and onsite sewage system designed to accommodate the maximum number of attendees at any given event. See original comment letter dated August 3, 2021. Frederick County Inspections: Building shall comply with The Virginia Uniform Statewide Building Code. Conditional Use Permit for use of existing structures associated with an operation farm for events. Farm exemption request shall be completed and filed with the Page 3 CUP 909-21, KSS LC., (Katherine Solenberger)— Special Event Facility November 18, 2021 Building Code Official in the Building Inspections Department. 2018 Virginia Construction Code exempts Farm buildings and structures, except for a building or a portion of a building located on a farm that is operation as a restaurant as defined in Section 35.1.1 of the Code of Virginia and licensed as such by the Virginia Board of Health pursuant to Chap 2 (Section 35.1.11 et seq.) of Title 35.1 of the Code of Virginia. However, farm buildings and structures lying within a flood plain or in a mudslide prone area shall be subject to floodproofing regulations or mudslide regulations as applicable (USBC Sec. 102.3). Farm Building or Structure. A building or structure not used for residential purposes, located on property where farming operations take place and used primarily or any of the following uses or combination thereof: 1. Storage, handling production, display, sampling or sale of agricultural, horticultural, floricultural or silvicultural products produced in the farm. 2. Sheltering, raising, handling, processing or sale of agricultural animals or agricultural animals products. 3. Business or office uses relating to the farm operations. 4. Use of farm machinery or equipment or maintenance or storage of vehicles, machinery, or equipment on the farm. 5. Storage or use of supplies and materials used on the farm. 6. Implementation of best management practices associated with farm operations. See original comment letter dated August 23, 2021. Frederick County Fire Marshall: Approve. See original comment letter dated August 31, 2021. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced Conditional Use Permit application during their meeting on October 19, 2021. The HRAB reviewed information from the Virginia Department of Historic Resources (VDHR) and information provided by the Applicant. This application seeks to operate an event center on 303+/-acres of land located at 1454 Apple Pike Ridge Road in Winchester. Historic Resources Advisory Board Comments: After reviewing the provided information, the Historic Resources Advisory Board (HRAB) recommended approval of the Conditional Use Permit as presented. See comment letter dated October 20, 2021. Page 4 CUP 909-21, KSS LC., (Katherine Solenberger)— Special Event Facility November 18, 2021 Planning and Zoning: Proposal & Site Configuration: This application for a Conditional Use Permit (CUP) to permit the establishment of a special event facility for private events such as weddings or other similar type events. The approximately 303.81+/-acre property includes a historic residence (Wright-Barton house), a log cabin, and five (5) farm buildings. The Applicant intends to use the restored bank barn, labeled on the sketch plan, for holding special events, accommodating up to 200 people. The sketch plan also depicts a parking area (for up to 100 vehicles) for use as event parking. Per the Zoning Ordinance (§165-204.30), the parking area shall be graveled. Portable restrooms will be allowed for special events and will be screened from view by the farm buildings and terrain on the site. The Applicant will only allow outside catering or food trucks, and no food will be prepared on site. Events will be held May through October, anticipating events mostly bi- monthly. The maximum number of attendees permitted will be 200 persons. Staff notes the Applicant has been operating a special event facility at this location throughout calendar year 2021. At time of public hearing, six (6) events (weddings) have been held to-date. No complaints have been received and no formal zoning violation was issued; the Applicant has voluntarily applied for a CUP. Site Access & Transportation: Site access is provided by a private driveway from Apple Pie Ridge Road (Route 739). Per the VDOT comment letter, the existing entrance will need to be improved to a modified commercial entrance, meeting current VDOT standards. See condition 9 3. Zoning Ordinance Conformance: A special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The Zoning Ordinance defines "special event facility" as a facility or site utilized for events that are typically conducted on a single day but which may be conducted for up to three consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. Additional regulations for specific uses contained in §165-201.30, specify the following requirements: A. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted with the conditional use permit application. This plan shall identify access for the facility, the location of all parking areas, the location and square footage for all structure(s)to be used, and the location of sewage disposal facilities. B. All structures associated with a special events facility shall require a review and approval by the Building Official. Page 5 CUP 909-21, KSS LC., (Katherine Solenberger)— Special Event Facility November 18, 2021 C. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require through the conditional use permit process that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust-free surface. D. Portable toilets shall be permitted for special event facilities, provided that they are screened from all adjoining properties and roads by topography, structures or new or existing landscaping. E. Special events facilities that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties. The Applicant has addressed the above requirements in their application narrative and sketch plan. Comprehensive Plan Conformance: The property is surrounded by other RA (Rural Areas) zoned property, which includes open space, agricultural uses, undeveloped residential lots, and single-family detached residences. The 2035 Comprehensive Plan identifies this area of the County as "rural" and is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors added "special event facilities" to the conditional use list for the County's Rural Areas Zoning District in May 2017 to support additional opportunities for agribusiness and agritourism. The proposed use is consistent with the goals and strategies expressed in the Comprehensive Plan and the surrounding properties. PLANNING COMMISSION SUMMARY AND ACTION FROM OF 11/17/21 MEETING: The Planning Commission held a public hearing to consider this conditional use permit on November 17, 2021. The Applicant addressed their plans to improve their entrance/driveway from Apple Pie Ridge Road to meet Virginia Department of Transportation (VDOT) standards for a commercial entrance. No members of the public spoke. The Planning Commission unanimously recommended approval of the conditional use permit for a special event facility. STAFF CONCLUSIONS FOR THE 12/08/21 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit(CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Board of Supervisors find this application for a special event facility to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: Page 6 CUP 909-21, KSS LC., (Katherine Solenberger)— Special Event Facility November 18, 2021 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance and addressing additional regulations for specific uses contained in §165-204.30, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. A modified commercial entrance, meeting all current Virginia Department of Transportation (VDOT) standards, shall be permitted, and installed within one (1) year of the approval of this CUP. 4. Events shall start no earlier than noon and all events and related activities shall conclude by 11 P.M. Amplified outdoor music shall conclude by 9 P.M. 5. Special events may accommodate up to and not to exceed 200 persons. 6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet(SF) and not to exceed 10 feet(FT) in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. 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The property is located at: (please give exact directions and include the route number of your road or street) A- e- Rdt'. ftlWh e, k-r YA 0,-5 Li zle Miles ocleFTames apol 4 h I a�4-ht r ojrnat1hq.-*s-- io (ef *,4hf- 14 am . - I -tZk 9 4. The property has a road frontage of 3 feet and a depth of 3:11 feet and consists of 303: �5 acres. (Please be exact) 5. The property is owned by �j�..t .- as evidenced by deed from eZ&P4 (previous owner) recorded in deed book no. _ 6-31 on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Property Identification Number(P.I.N.} A � Magisterial District fa jo eit-Ia( i Current Zoning e f& 5 7. Adjoining Property: USE ZONING North RA East F A- SouthRA West 8. The type of use proposed is (consult with the Planning Dept.before completing): Wedding and special event barn. 9. it is proposed that the following buildings will be constructed: Possible new building with new septic for bathrooms and get ready rooms (not at this time) 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 geople will be notified by mail of this application: Name and Property Identification Number Address Name Hohn Scully IV 42 A 262F . 114 N. Cameron St. Property# 42-A-262, 42-A-263, 42-A-264 Winchester, VA 22601 Name Greg Hewitt 1756 Apple Pie Ridge Rd Property# 3 1-A-17 1 A Winchester, VA 22603 Name Fox Trap LC 1756 Apple Pie Ridge Rd Property#42-A-353A Winchester, VA 22603 Name Robert Beach 226 Glend.obbin Rd property# 43-17-3-6 Winchester, VA 22603 1 Name Walter Kuchyt 220 Glendobbin Rd property#43-17-3-4 Winchester, VA 22603 Name Ralph Claywell 1632 Applie Pie Ridge Rd Property# 31-A-178A Winchester, VA 22603 Name Whitacre Enterpises c/o Susan Weiss 2501 Hinton St. Property# 43-A-1 Raleigh, NC 27612 6 Name and Property Identification Number Address Name Joseph O'Hara 1440 Apple Pie Ridge Rd Property#42-A-355 Winchester, VA 22603 Name Apple Ridge Farm 1611 Apple Pie Ridge Rd Property# 42-A-358 Winchester, VA 22603 Name Kenneth Miller 360 Clearview Dr. Property# 43-10-27 Clear Brook, VA 22624 Name Blake H. Watts 605 Glendobbin Rd Property# 43-13-1-3 Winchester, VA 22603 Name David W. Powers 1389 Apple Pie Ridge Rd Property# 42-A-353 Winchester VA 22603 Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# 7 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. 8/2/2021 Frederick County Tax Mar E-911 Address Quick Search rl A 3% -41 Cl CP 4` 3.2mi hftps://fredcogis.fcva.us/FrederickCountyGIS/indox.html?query=Parcel,MRECNO=8195 111 12. Additional comments, if any: /$ >`L ll� X h4enR7ZVWZ/W 7 ,0� Mz,04? 1&k _k// &Shaz' r rte,f-fbl/ 4&1111�l�15 0,01 d hV rYfz iat 6�4�fjbeg e~- fid 16&6-es 4At h��y�¢ I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven(7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors'public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission,Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners'Mailing Address f �j L7 Owners' Telephone No. TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: KSS LC The Homestead Farm Historic Wright-Barton Venue 1454 Apple Pie Ridge Rd Winchester, VA 22603 Conditional Use Permit Overview The Homestead Farm at Fruit Hill Orchard and KSS LC are currently both owned by Katherine Solenberger. The Homestead Farm has been leasing the Wright-Barton Barn at 1454 Apple Pie Ridge Road, Winchester VA 22603 for 3 years from the previous owner, Fruit Hill Orchard, Inc., of which Katherine Solenberger is the Vice President and stockholder. Katherine Solenberger was told by planning staff in 2019 that a Conditional Use Permit was not required at that time for special events on an agricultural operation of more than 5 acres. This application is being made because a CUP is now necessary according to Frederick County Planning. Here is the General Overview for this Conditional Use Permit: The proposed use of the restored double bank barn (photos enclosed) is for use as an event venue to host weddings, etc. during the months of May through October. The events will be mostly bi-monthly and start no earlier than noon and end by 1 1pm. No outdoor musical events are planned. The identified historic resource on this property is the Wright-Barton house. It was deemed eligible for the National Register of Historic Place in October of 1993(see attached)but the National Register Nomination was never prepared so it is not listed in the Register. The historic buildings on the property include the Wright-Barton house,the two-story stone spring house,the corn crib and old farm building, the early smaller barn and the restored double bank barn that will serve as the event venue. The very early log cabin on the hillside has been restored on the exterior and a stone chimney built where one had been. The entrance will be upgraded on Apple Pie Ridge Road according to the VDOT specifications per email provided by Lloyd Ingram, VDOT transportation engineer. The improved gravel farm road and a newly paved hill side will lead to the barn venue. A gravel parking area is provided and will support approximately 100 vehicles. The barn is approximately 50' X 90' with two huge sliding doors at both banks. 200 attendees is the MAX number of people at any event. There are no permanent bathroom facilities, but they may be added in the future to the lower barn (currently closed off.) There are no plans to construct a new building. A porta john is located on site. There will be no permanent cooking facilities inside the barn. Any food preparation will be via food trucks or catering and will be not take place at the barn. Food service may take place inside the barn. KSS LC is looking forward to sharing this historic treasure with the community and the revenue generated will not only help the existing 300-acre orchard and farm operation, but boost local revenues through agritourism to the Winchester-Frederick County area. Maintaining our farmland is essential to our tax base in the county and The Homestead Farm at Fruit Hill Orchard is glad to be a partner in this endeavor! HISTORIC WRIGHT-BARTON FARM 1454 Apple Pie Ridge Road Winchester, VA 22603 estored Bank Barn Events _ Parking Lot Porta John -� _ Driveway Small Bam (Storage) Corn Criti Log Cabin Wright-Barton House Farm Buikding a 35 Spring House 812/2021 Frederick County Tax Map Frederick Cc,i;,—, lx E-911 Address Quick Search 357 Li 356 old Van) 14554 --'200ft httPs://fredcogis.fcva.us/FrederickCountyGIS/index,html?query=Parcel,MRECNO-8195 111 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS nwmw� Virginia Department of Transportation mail to: Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 2275 Northwestern Pike Edinburg,Virginia 22824 Winchester, Virginia 22603 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. 1 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) c o pie sm all other pertinent information. of your application form, location n map and - o —.j Applicant's Name: Telephone: Mailing Address: e- -IL -- Name of development and/or des iption of the request: Location of Property: 141 ,01,e Axo 1?,,ww Virginia Department of Transportation Comments: See email dated 09.07.2021 from Lloyd Ingram w/VDOT to Katherine Solenberger. VDOT Signature&Date: Notice to VDOT-Please-Return Form to Applicant 10 817/2021 Gmail-Solenberger eventsBam-voOTr"mmontstoCUp Gma0l Katherine Sollenberger<k9o1enberger17@gmaiI.com> SoKenberger Events Barn -VDOT Comments to CUP Rhonda Fmmkhoussr<Rhondm.FunNhouamr@vdcd.virginie'Acw> Tue. Sep 7.2021 at 12:42 PM To: kooenbarger17@Qmo)l.onm- Cu: Lloyd Ingram <Umyd.ingnarn@vJmt.vir0inia.gmv> VDOT has completed its review of the subject application and offers the following comments: ° The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 739,Apple Pie Ridge'the VDOTfacility providing access tothe property. ° While the existing entrance,on Route 739 is out of compliance with the VDOT commercial entrance standards,the applicant has agreed to install a modified commercial entrance,meeting the current standards,which will be adequate for the proposed CUP. ° Should the commercial use ever expand in the future,the entrance will need to be reviewed to determine if additional improvements may berequired. Regards, Lloyd Ingram Land Development Engineer XV ��` 0-�� f5��bL��F��k*�O�yD�� / L�nd�� emt � �� . - -- Y4031Old Valley Pike | Edinburg, &4 22824 Phone#5;O.534.32/4 | Fax#64&084.5G07 Email: Lloyd.Ingram@vdot.virginia.gov '�� _~~~ ~~e,=_`,_' 1320K omps:Hmai|.goog|a.uunwmo|mm/nx=7m2000bVumwav--pmseon*=oU&pannmxgiu=msg-f*/o3x171O2019826VOO90393&omvp|=msg-fO/o3x17l8201882s... 1/1 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester-Frederick County Health Department 1 41 Mail to: Hand deliver to: Frederick-Winchester Health Department Frederick-Winchester Health Department Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent Street, Suite 201 Winchester, Virginia 22601 Winchester, Virginia (540) 722-3480 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. Applicant's Name: 4&/4_,r/xM 6V' 10 6"—Telephone: Mailing Address: n S z -Igg-21 2&W-4e Pe PF Jr2162 yrV14 znge)�3 Name of development and/or description of the request- _1 Location of Property: /q311/ . k �e; RIK AV— L11;4�&AUY Z� Frederick-Winchester Health Department's Comments: cv-re-1- 14-45 J� 'JUr is 3;ryS,, -ro 1fJJA,3;Fz_ OF- P.V'! Health Dept. Signature &Date: Notice to Health Department-Please Return This Form to the Applicant 13 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department � �/' --�_. Mail to: Hand deliver to: Frederick County Inspections Department Frederick County Inspections Department 107 North Kent Street, 2nd Floor Attn: Building Official Winchester, Virginia 22601 107 North Kent Street,2nd Floor (540)665-5650 Winchester, Virginia 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. f Applicant's Name: 7ht ll �° C tTelephone:�5w �J "6)22.j I- Mailing Address: — Name of development and/or d scn tion of the request: "d If r" ' Location of Property: �r ZY Building Official's Comments: i Building Official's Signature&Dater a3 f, t2) Notice to Inspections Department-Please Return This Foran to the Applicant 12 Buildings shall comply with The Virginia Uniform Statewide Building Code Conditional Use Permit for use of existing structures associated with an operational farm for events. Farm exemption request shall be completed and filed with the Building Code Official in the Building Inspections Department 2018 Virginia Construction Code exempts Farm buildings and structures, except for a building or a portion of a building located on a farm that is operated as a restaurant as defined in Section 35.1.1 of the Code of Virginia and licensed as such by the Virginia Board of Health pursuant to Chap 2 (Section 35.1-11 et seq.)of Title 35.1 of the Code of Virginia. However, farm buildings and structures lying within a flood plain or in a mudslide prone area shall be subject to floodproofing regulations or mudslide regulations as applicable(USBC Sec 102.3) Farm Building or Structure. A building or structure not used for residential purposes, located on property where farming operations take place and used primarily or any of the following uses or combination thereof 1. Storage,handling,production, display, sampling or sale of agricultural,horticultural, floricultural or silvicultural products produced in the farm. 2. Sheltering,raising,handling,processing or sale of agricultural animals or agricultural animal products. 3. Business or office uses relating to the farm operations. 4. Use of farm machinery or equipment or maintenance or storage of vehicles,machinery or equipment on the farm. 5. Storage or use of supplies and materials used on the farm. 6. Implementation of best management practices associated with farm operations. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal1IF �e,)ew Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1800 Coverstone Drive Attn:Fire Marshal Winchester,Virginia 22602 Public Safety Building (540)665-6350 1800 Coverstone Drive Winchester,Virginia 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. Applicant's Name: &&�*^/n e '400 te I-)b ee-I'le r Telephone: 3 —to 7-z/ V�S e C Mailing Address: N I i i o Name of development and/or description of the request: Location of Property: 11-15*Zl 1.4%-Vle Fle, Zee , Fire Marshal's Comments: Fire Marshal's Signature&Date: Notice to Fire Marshal-Please Return This Form to the Applicant RF�CZIV11 ED AUG 0 9 2021 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester,VA 22602 =. <' Phone:540-665-6350 Fax: 540-678-4739 fmo@fcva.us Pian Review Conditional Use Status: Approved with Conditions fusiness Dame KSS LC 1454 Apple Pie Ridge Rd Winchester,Virginia 22603 Phone:540-323-0221 191ain Contact: Printed Date:08J3112021 Katherine Solenberger Received Date: 08/0912021 Occupancy Type: Review Begin Date: 0813112021 Property Use: Review End Date: 08/31/2021 Activity Number: 1081011 Hours: 1.5000 DetailsActivity Project Name Wedding and Special Event Bam Comments: 1.Portable fire extinguishers shall be present,mounted in conspicuous locations,and one within 75 feet of travel distance from any location in the structure. 2.The occupancy load shall not exceed 300 without the presence of a fire protection system. 3.Smoke alarms shall be present where areas are occupied within the structure. Amim Adam Hounsheii Lieutenant/Assistant Fire Marshal Page 1 of 1 Cp�� q'v COUNTY of FREDERICK w w ® Department of Planning and Development 540/665-5651 Fax: 540/665-6395 October 28, 2021 KSS, LC Attn: Katherine Solenberger 1454 Apple Pie Ridge Road Winchester,Virginia 22602 RE: Request for Historic Resources Advisory Board (HRAB) Comments Conditional Use Permit—The Homestead Farm Historic Wright-Barton Venue Zoning: RA(Rural Areas) District Magisterial District: Stonewall Dear Ms. Solenberger: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced Conditional Use Permit application during their meeting on October 19, 2021. The HRAB reviewed information from the Virginia Department of Historic Resources (VDHR) and information provided by the Applicant.This application seeks to operate an event center on 303 acres of land located at 1454 Apple Pike Ridge Road in Winchester. Historic Resources Advisory Board Comments: After reviewing the provided information,the Historic Resources Advisory Board(HRAB)recommended approval of the Conditional Use Permit as presented. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, t Candice E. Perkins,AICP, CZA, Assistant Director CEP/pd cc: Chris Oldman, HRBA Chairman Tyler Klein 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 AVESST 49' "U" The Homestead Farm's Wright-Barton Farm Venue THE WRIGHT FAMILY Granted by the Gov,ernor and Council of I 7irginia in the early 1730s, pioneer Josiah Ballenger was the first to own this property. In 1744, Quaker minister James Wright and his wife Mary Davis Wright aquired the farm.from Ballenger, their son-in-law, and petitioned Lord Fairfax to build Apple Pie Ridge Road. Their original home is believed to be the small log cabin with the stone chimney on the hillside as you enter the property. The 194 acre tract stayed in the Wright family, passing to James' son Thomas and then to grandson Jonathan Wright. The original stone house is thought to be built by Jonathan shortly after his marriage to Hannah Ridgeway on January 16, 1783. The farm then passed to their son Amos Wright and wife Rachel Lupton Wright in the early 1800s. They had six children, and their Quaker faith made Amos opposed to slavery. Buying and freeing many slaves, Amos ended up losing the family farm in 1850. Forced to move to the town of Winchester, Amos set up a hardware store and later, a boarding house. THE CIVIL WAR Amos and Rachel Wright's oldest daughter Rebecca McPherson Wright was born in this house on JanualY 31, 1838. Rebecca became a schoolteacher, and due to her Quaker beliefs, hated slavery. Rebecca was a famous Union spy during the Civil War and her family was one of the few in Winchester who supported the Union. Her father died after being a Confederate prisoner in 1862. THE THIRD BATTLE OF WINCHESTER Union General George Crook had visited the Wright family's boarding house a number of times and trusted Rebecca's loyalty to the Union to find out troop movements of the Confederates. In the fall of 1864, General Philip Sheridan enlisted Thomas Laws, a vegetable vendor who could pass through enemy lines, to deliver a message to her. The message Laws delivered was wrapped in tin foil and hidden in his mouth. Written on a small piece of tissue paper the message from General Philip Sheridan read: 'Ms. Wright, I know that you are a loyal lady and still love the old flag. Can you inform me of the position ofEarly's forces, the number of divisions in his army, and the strength of all or any of them and his probable or reported intentions. Have any more troops arrivedfromRichmond, or are any more coming, or reported to be coming?" Rebecca asked Laws to return later that day. She knew that if she was found out by the Confederates to reply to this letter, then she could be put to death. She decided to reply and wrote this note to General Sheridan: "The division of General Kershaw and Cutshaw's artillery have been sent away, and no more are expected to arrive as they cannot be spared from Richmond. I do not know how they are situated. I will take pleasure hereafter of learning all I can of their strength and position, and the bearer may call again." This meant that a full division of General Early's army had been sent to fortify General Robert E. Lee's forces at Petersburg, Virginia and Winchester was unguarded. Sheridan attacked Winchester on September 19, 1864 based on Rebecca's information. Winchester fell to Union hands and this paved the way for Lincoln's re-election. s • r ' i i i � • i i i i i i ! f � r .. ! i I i t t i f # ! 1 i t ,r,�. i i i ,�,� � i i ..,. i � � '��- k' s:' i i i ,i i • i i 1 i i � ' � ,� i i � i 3 # � i � i i � - i i i i ' � i i i i i i � : i` ii i i + , * � i i i i. • i � i i i i "s i i i ' ! • � ' ' � +ia � � i i i ' ' s i � i i 'i i r � � . � � � i � � . i � . . `. � - � i =�. f ./" i i i � � � i • i i i ! • ! i i COMMONWEALTH of VIRGINIA Hugh C. Miller, Director department Of Historic Re5P3lta'L TOO: (804),786-1934 221 Governor street Telephone(804 }786.3143 Richmond, Virginia 23219 FAX: (804) 2n-4261 October 26, 1993 Fruit Hill Orchard P. O. Box 2368 Winchester VA 22604 RE. W=-gist-Barton.House, Frederick County (DEER NP Z-4-633) .Dear Sir: At its October 19 meeting, the State Review Board determined that the Wright-Barton. House appears to meet the criteria for listing on the Virginia Landmarks Register and the National Register of Historic Places. The board concurs with the Department staff that this property appears to be eligible at the local level for significance in the area of architecture. The staff of the Department of Historic Resources does not plan to prepare the national register nomination which is the required next step in the registration process, as our work program is fully scheduled for the remainder of the year and we normally limit our preparation of nominations to those properties for which the Department is accepting an easement. If you are interested'in pursuing registration, I would recommend hiring a consultant or preparing tine nomination yourself. I would be happy to assist someone with the preparation and upon request will send you a list of consultants and materials necessary to complete the nomination. Thank you for your interest in the register program. Should you have any questions or concerns regarding the registration process, please do not hesitate to contact me. Sincerely, James Christian Hill National Register Assistant '�T�..�,_....� F Zvi ii, { • • sk •' * •i�� + ''i•. �� ,,,, ,�,y, ,., lye,,•; r .F , q� a� '�� y •e,J ��1� � 1 s �t'M.r' I . t •� � ,i r1 � , _ .. _ r -• '� " •gip y 5 � ' - � �' �� F:—`� e�t�«.-'"�'�s� �'!"�.. � t.Yom- a •.n 4 rr _. EJ r r .. •. f moor +� � •e ! •_tel _ +�.+i�. 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