041-23 (CUPRichardByess) +ORDINANCE
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Action:
PLANNING COMMISSION: December 7, 2022 Recommend Approval
BOARD OF SUPERVISORS December 14, 2022 Tabled
BOARD OF SUPERVISORS: January 11, 2023 DENIED
ORDINANCE
CONDITIONAL USE PERMIT#11-22
RICHARD BYESS
WHEREAS,CONDITIONAL USE PERMIT APPLICATION#11-22 was submitted by Richard Byess
for a Humanitarian Aid Organizational Office was considered. The Property is located at 1107 Cedar
Creek Grade, Winchester. The property is identified with Property Identification Number 63-A-2F in the
Back Creek Magisterial District; and
WHEREAS,the Frederick County Planning Cornmission held apublic hearing on this Conditional Use
Permit on December 7, 2022 and recommended approval of the Conditional Use Permit 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 14,2022;and tabled until January 11,2023 meeting;
and,
WHEREAS,the Frederick County Board of Supervisors held a public meeting on this Conditional Use
Pen-nit during their regular meeting on January 11, 2023; 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 in
accordance with Chapter 165 of the Frederick County Code,Zoning,Conditional Use Pen-nit#11-22 to
allow for a Humanitarian Aid Organization Office on the parcel identified with Property Identification
Number 63-A-2F is,issued with the following conditions:
I. All review agency comments and requirements shall be complied with at all tunes.
Res# 041-23
PDRes#47-22
2. An illustrative sketch plan,addressing all supplementary use regulations in §165-204.09,must
be submitted prior to the establishment of the use.
3. No residential uses are permitted in any accessory structures on the property.
4. Any expansion or change of use will require a new CUP.
MOTION TO DENY CARRIED this 11 day of January 2023 by the following recorded vote;
Charles S. DeHaven, Jr., Chairman No Shawn L. Graber Aye
J. Douglas McCarthy Aye Robert W. Wells No
Josh E. Ludwig Aye Judith McCann-Slaughter No
Blaine P. Dunn Aye
A COPY ATTEST
0
0
Michael L. BoIlhoefe
Frederick County ministrator
Res# 041-23
PDRes#47-22
CONDITIONAL USE PERMIT #11-22
RICHARD BYESS
Staff Report for the Board of Supervisors
w Prepared: December 29,2022
Staff Contact: Kayla Peloquin, 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: 12/07/22 Recommended Approval
Board of Supervisors: 12/14/22 Tabled
Board of Supervisors: 01/11/23 Pending
EXECUTIVE SUMMARY: This is a request for a humanitarian aid organizational office. The
applicant proposes utilizing an existing barn on a 5.00 +/- acre property for both an office space for
staff of non-profit organizations and as a storage space. Donated furniture and other home
furnishings will be stored in the barn until they are dispersed. The barn includes a 288 square foot
office space, an 1,800 square foot fully enclosed storage space, a functioning bathroom, and a
partially enclosed storage/loading space in the rear of the building. Access to the office and storage
area will be limited to staff and volunteers of partner organizations as well as those bringing
donations. Access to the storage area will be during scheduled daytime hours and limited to several
times a week for a few hours at a time. Otherwise,there will only be access by appointment.
The applicant proposes using the shared driveway that serves the property owner's home and the
barn to access the storage space and office. The applicant anticipates having no more than one (1) -
two (2) employees working part-time at this location as well as ten (10) - twelve (12)volunteers on a
periodic basis when disbursing furniture from the barn. Clients will not be visiting the barn directly.
Should the Planning Commission find this use appropriate, staff would suggest the following
conditions be placed on the Conditional Use Permit(CUP):
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan, addressing all supplementary use regulations in §165-204.09,must be
submitted prior to the establishment of the use.
3. No residential uses are permitted in any accessory structures on the property.
4. Any expansion or change of use will require 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 911-22 Richard Byess
December 29, 2022
LOCATION: The property is located at 1107 Cedar Creek Grade.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 63-A-2F
PROPERTY ZONING& PRESENT USE:
Zoned: RA Land Use: Residential
ADJOINING PROPERTY ZONING& USE:
North: RA Use: Residential
South: RA Use: Residential
East: RA Use: Blue Ridge Grace Brethren Church
West: RA Use: Residential
PROPOSED USE: Humanitarian aid organizational office
REVIEW EVALUATIONS:
Planning and Zoning:
The Frederick County Zoning Ordinance defines a humanitarian aid organizational office as "A
charitable organization established to provide relief assistance to an identified distressed,
underprivileged group. Relief would be provided in such forms as clothing, medical supplies, or
educational contributions. The organization must provide a public beneficial interest to the
community" (§165-101.02). A humanitarian aid organizational office is permitted in the RA (Rural
Areas) zoning district with an approved Conditional Use Permit (CUP).
The barn was previously West Oaks Farm Market, operating under existing CUP #02-06 for a farm
market stand on the property.
The Comprehensive Plan designates this parcel to remain rural. The proposed CUP is consistent with
the intent of the goals of the Comprehensive Plan. Adaptive reuse of existing structures for non-
impactful uses in the rural areas is encouraged. The property is located just outside of the Sewer and
Water Service Area(SWSA)and outside of the Urban Development Area (UDA).
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 622 (Cedar Creek Grade), the VDOT
facility providing access to the property. The existing entrance located on this portion of the road
meets VDOT entrance requirements. Based on this information, VDOT can support the CUP request.
Page 3
CUP 911-22 Richard Byess
December 29, 2022
Frederick-Winchester Health Department: The onsite sewage system connected to the old farmers
market is designed to accommodate 292 gallons per day. It will be adequate for 1-2 part-time
employees and 10-12 volunteers on a periodic basis.
Frederick County Fire and Rescue: Portable bre extinguishers and smoke alarms shall be installed
per the Frederick County Fire Prevention Code.
Frederick County Inspections: The existing farm building will require an evaluation of the
foundation and structure by a Virginia Registered Design Professional.
The building will also require a change of use permit and meet the requirements of the Virginia
Existing Building Code and Virginia Construction Code. Other codes that may apply are the Virginia
Plumbing,Mechanical, and Energy Codes as well as ANSI 117.1 and the NEC.
Entrances and exits shall meet accessibility requirements per ANSI A117.1. Accessible parking and
pathway to the building will be required. Exit signage and emergency lighting shall be required.
Frederick County Public Works: We offer no comments at this time.
Frederick Water: Frederick Water does not serve this parcel and has no additional comments.
City Of Winchester: Planning department—no comments.
Historic Resources Advisory Board: Following their review of this application, the HRAB
determined there would be no adverse impacts on local historical resources from the proposed use
and recommended approval.
STAFF CONCLUSIONS FOR THE 12/07/22 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, staff would recommend the following
conditions be placed on the Conditional Use Permit(CUP):
1. All review agency comments and requirements shall be complied with at all times.
2. An illustrative sketch plan, addressing all supplementary use regulations in §165-204.09,must be
submitted prior to the establishment of the use.
3. No residential uses are permitted in any accessory structures on the property.
4. Any expansion or change of use will require a new CUP.
Page 4
CUP #11-22 Richard Byess
December 29, 2022
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/07/22 MEETING:
The Planning Commission held a public hearing on the proposed CUP request on December 7, 2022.
The Planning Commissioners discussed the hours that the barn would be open. The applicant
described the intent to make the barn available for charitable organizations that was previously the
West Oaks Farmers Market. The applicant stated the hours will be limited to daytime hours, but the
specifics are still being worked out. The applicant added that the program was being run out of
Shenandoah University. The applicant stated there are no commercial transactions, the barn will be a
storage area and a small office. There were no public comments. There was a discussion on the
potential impact on traffic, and it was pointed out that VDOT commented there would be little
measurable impact on Cedar Creek Grade.
The Planning Commission unanimously voted to recommend approval of the CUP and send the item
forward to the Board of Supervisors.
BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 12/14/22 MEETING:
The Board held a public hearing on the proposed CUP on December 14, 2022. There were no public
comments. One comment was submitted online in support of the application. There was a discussion
on the location of the office, which is enclosed in the barn. The Board members determined more
time is needed to review the application materials and the CUP was tabled until the January 11, 2023
Board of Supervisors meeting.
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.
CUP # 11 - 22: Richard Byess
PIN: 63 - A - 2F
Humanitarian Aid Organizational Office
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Submitud Deadline
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APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY,VIRGINIA
1. Applicant(check one): Property Owner _ Other
NAME: Richard Byess and Margaret Barkley Byess
ADDRESS: 1107 Cedar Creek Grade,Winchester,VA 22602
TELEPHONE AND EMAIL ADDRESS:
703-407-5986(Margaret Barkley Byess cell phone);byess.family@gmail.com(for both Richard and Margaret)
2. Please list all owners, occupants, or parties in interest of the property:
Richard Byess and Margaret Barkley Byess(owners);Church World Services(CWS),represented by Kyle Hayes,refugee coordinator for CWS;
Bob Sherwood,volunteer,furniture coordinator for refugee resettlement efforts in Winchester and Frederick County
in the future: United Way NSV,CCAP,and WATTS Contacts TBD
3. The property is located at: (please give exact directions and include the route number of
your road or street)
1107 Cedar Creek Grade,Winchester,VA. 22602. Southwest of the City of Winchester,approx 1/2 mile outside the city limits
in Frederick County,on the south side of route 622(Cedar Creek Grade). The CUP is for the barn/warehouse at the front of the
property. Property owner's personal residence is at the back of the property,which is a total of approx 5 acres.
4. The property has a road frontage of 367.75 feet and a depth of 1073.36 feet and
consists of 5.0 acres. (Please be exact)
5. The property is owned by Richard Byess and Margaret Barkley Byess as
evidenced by deed from Robert M Rhodes and Lanette L.Rhodes (previous owner) recorded in
deed book no. on page , as recorded in the records of the Clerk of the
Circuit Court, County of Frederick.
6. Property Identification Number(P.I.N.)63 A 2F
Magisterial DistrictBack creek
Current Zoning RA
5
7. Adjoining Property:
USE ZONING
North Residential,Diane B Lively RA
East Church,Blue Ridge Grace Brethren RA
South Residential,Craig Jennings Foster RA
West Residential,Marlin Beitzel RA
8. The type of use proposed is (consult with the Planning dept. before completing):
Under County Code paragraph 165-401.03 RA Rural Areas District,Conditional Uses,Item S Humanitarian aid organizational office.
See attachment 1 for details.
9. Describe, if applicable, any new buildings to-be-constructed associated with this use:
NA. There will be no new construction.
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 and Property Identification Number Address
Name Marlin and Dawn Beitzel 505 Marion St, Winchester VA 22601
Property#63 A 21 1115 Cedar Creek Grade, Winchester, VA 22602
Name Blue Ridge Grace Brethren Church 1025 Cedar Creek Grade, Winchester, VA 22602
Property#63 A 2E
Name Craig Jennings & Mary Elizabeth Foster 141 Clayhill Drive, Winchester, VA 22602
Property#63 511
Name Diane B Lively et als 513 Old Fort Road, Winchester, VA 22601
Property#63 A 2D 1064 Cedar Creek Grade, Winchester VA, 22602
Name 0WW\10VIUI W#'\- 0� PO $0 X 7-Z 0i
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Property# (o -A
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Property#
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Property#
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11. Please attach a sketch of the property. Show proposed and/or existing structures on the
property, including measurements to all property lines, site access, public and private
roads, and any other pertinent information specific to the desired use (such as parking).
A recorded plat is the best thing to use for this if available.
12. Please attach a written description of the proposed use including (as appropriate): hours
of operation, number of employees, number of customers anticipated, outdoor storage,
and any other pertinent information to address additional regulation for specific uses
contained in §165-204 of the Frederick County Zoning Ordinance.
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.
*All owners listed on the prfip�mr record shall sign the application.
Signature of Applicant _
Signature of Owner(s)
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Owners'Mailing Address 110 - cle-cu f. Ql- � r�'K 03%"-
Owners' Telephone No. Ka I A2 W?I
TQ BE, cow I BY THE Z NIN ISTRATOR•
USE CODE:
RENEWAL DATE:
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Byess Barn,
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Barn
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1.0-Rolltvp garage door
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Main Storage Area i Door a 36"
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A Community-Focused Charitable Use for
1107 Cedar Creek Grade
Proposed Use:
The existing barn at the front of property at 1107 Cedar Creek Grade is now owned by Margaret and
Richard Byess. The building to be used was previously operated as the West Oaks Farmers Market
under a CUP from Frederick County with the previous property owners, Robbie and Lanette Rhodes.
From the time the current owners purchased the property in September, 2021,they envisioned using the
barn for a charitable purpose of benefit to the community. In collaboration with Church World Services
(and in the future,with other non-profit organizations),they propose that it be used both as office space
for staff of non-profit organizations working to resettle refugees in the Winchester and Frederick County
area and as storage space for donated furniture and furnishing.
Staff located at the barn will manage the receipt,temporary storage, and disbursement of donated
furniture for clients of the involved organizations at the Cedar Creek Grade location. Access to the office
and storage area will be limited to charitable organizations' staff,volunteers and those bringing
donations. Clients will not have access. Current plans anticipate no more than 1-2 employees working
part-time at this location, plus 10-12 volunteers on a periodic basis when disbursing furniture.
Access to the storage area will be during scheduled daytime hours and limited to several times a week
for a few hours at a time. It will otherwise be opened only by prior arrangement. One small sign and the
street address would identify the office and storage facility.
There will be no charge to the charitable organizations for this beneficent use. Arrangements with the
charitable organizations for use, maintenance, and necessary repair of the property and insurance
coverage will be finalized once the CUP has been approved and affirmed in a memorandum of
understanding(MOU).
Property Details:
A map of the property(not to scale) with the location of the barn and other buildings on the property is
attached, as is a drawing to scale of the barn. The barn includes an office of 288 square feet,fully
enclosed storage space (shown as retail on the map) of 1800 square feet, a functioning bathroom, and
partially enclosed storage/loading space in the rear of the building. The outdoor storage area will not be
used for the proposed activity.
A shared driveway entrance on Cedar Creek Grade serves both the property owner's home and the
barn/warehouse.An asphalt parking lot with approximately 15 parking spaces and sufficient space for
cars and trucks to load, unload, and turn is in front of the barn. The building has water supplied by the
owners'well, a dedicated septic tank, and electricity on a separate meter from the owners' residence.
No changes to the barn or the property are anticipated under this new use.
A map of the property location and its neighbors is also attached.
Program Details:
The Church World Services(CWS)Winchester office gained federal authorization in early November 2021
to resettle Afghan refugees, brought to the US under the auspices of the US Department of State. To
date,CWS has resettled nearly 30 families-infants, children, parents,and grandparents. A current
estimate suggests as many more may be welcomed in the next year or so. Those already living here have
joined the work force and are beginning to contribute to community life. Prior experience with this type
of charitable operation by Church World Service will guide the management of the program. The owners
also have past experience in working in the charitable, non-profit arena.
Starting with the beginning of this agreement,the barn and its contents will be managed by a staff
member of Church World Services. Staff and volunteers will select from the stored inventory items that
will best fit the floor space available in these clients' new households. Then the selected items will be
delivered to the clients' new homes.
CWS will identify the specific clients eligible to receive household furniture,appliances,and furnishings
needed to set up their new residences in Winchester and Frederick County. All items are provided to the
clients free of charge. Most of the items are donated by community members and other organizations.
A volunteer has coordinated between CWS, Shenandoah University, and others assisting in the
resettlement project to find apartments and houses for refugees to rent,then provide them with
furniture and furnishings such as blankets, towels, and kitchen items. The Shenandoah University
building being used to receive,store, and disburse the household items will no longer be available in
October. The volunteer will be replaced by a paid staff member,who will have office space in the barn.
The property owners will coordinate with CWS to invite a limited number of Winchester area charitable
organizations to make use of the office and temporary storage service as described above. Future
eligible clients may be individuals or families moving from homeless situations to more permanent
housing.
Participating organizations in the future may include:
• CCAP—Congregational Community Action Program
• Housing Coalition for Affordable/Workforce Housing
• VAN—the Valley Assistance Network—a program of United Way NSV
• WATTS—Winter Thermal Shelter for the Homeless
These organizations, in addition to serving refugees being resettled, support those putting their lives in
order after living through various difficulties. As new organizations join the effort, MOUS with the
owners and the other participating organizations will be developed and signed. In all cases,the
organizations themselves will determine client eligibility and in no cases will clients be present at this
office and storage facility.
When the previous owners were granted a conditional use permit for operation of a farmer's,dozens of
vehicles visited the market each day. That market was open every day during the growing season. The
intended office and storage facility use will be year-round but with far less vehicle access, perhaps fewer
than several dozen vehicles a week. The flow will vary from time to time,depending on the availability
of affordable housing for designated clients,the funding available to the charitable organizations,the
federally set rate at which refugees are resettled,the state of the national economy,and other factors.
The property owners look forward to working with County staff to bring this valuable service to County
and Winchester residents to fruition.
E. ROSS CURTIS, PE • 10DVUE5TBUFi R ACE-VNNDi Si2RvA2=
(703)727-0998• ross@curtiseng.com
October 17, 2022
File No. 2022001
Richard J. and Margaret B. Byess
1007 Cedar Creek Grade
Winchester, VA 22602
Re: Change of Use Application for the Existing Farm Building at 1007 Cedar Creek
Grade, Winchester, VA 22602
Dear Mr. and Mrs. Byess:
This report is in support of your Change of Use Application to Frederick County, Virginia
for th@ subject existing farm structure. It is my understanding that the building was built
and permitted as a farm market (use category M) and you want to change the permitted
use to storage (use category S-1) for household furniture, in order to support not-for-
profit organizations and activities in the Winchester area.
I conducted a site investigation on October 14, 2022 and have the following comments:
• The building is a detached structure and is separated from other structures by
greater than 200 feet.
• Construction is slab on grade and is of pole barn type construction (according to
provided documents) with T-1011 siding and metal roofing with gutters. No date
of construction is apparent, however there is a survey plat for the site dated
August 19, 1998. The building was presumably constructed after that date.
• Conditional Use Permit #02-06 was granted by the Frederick County Board of
Supervisors on April 12, 2006 for use of the building as a wayside stand (farm
market).
1 was informed there are no existing construction documents for the structure.
• Only about 1800 sf enclosed interior space is planned for furniture storage. An
additional interior 288 sf is available for additional use if necessary.
• There is potable water and sanitary sewer service to a septic tank and leaching
field.
• There is no environmental control (HVAC) in the structure.
• Accessibility appears to be in compliance with ANSI A 117.1, Accessible and
Useable Buildings and Facilities.
0 There is ample parking for the intended new use.
The building shows no visible signs of settlement or other distress and appears
to be structurally sound. The slab on grade is in good condition, no foundation
settlement is visually apparent, and the structural members appear to be in good
condition.
I understand that no structural, exterior, or interior changes are planned in conjunction
with this change of use.
According to Virginia Existing Building Code (VEBC) section 502 no changes, repairs,
alterations, or upgrades are required as a result of this requested change of use.
According to VEBC section 402.1 no additional accessibility features are needed.
Virginia Construction Code (VCC) Section 903.2.9 does not require an automatic fire
sprinkler system. Section 907 of the VCC does not require fire alarm and/or smoke
detection systems for use category S-1. However, you will need to provide a fire
extinguisher rated at 2-A hung adjacent to the personnel door (Section 906.3 of the f
VCC).
Section 1013 of the VCC provides an exception for exit signs where, "Main
exterior exit doors or gates that are obviously and clearly identifiable as exits need not
have exit signs where approved by the building official." (Underline added.) The
Frederick County Building Official can provide further guidance on this matter.
It is my opinion, with the comments noted above, based on my inspection of the building
and the documents provided to me that this structure is in substantive compliance with
the Commonwealth of Virginia Existing Building and Construction Codes. The change
to use category S-1 would be appropriate. I reserve the right to modify or supplement
my opinion should additional information become available.
Very truly yours,
Elmer Ross Curtis, P.E., DFE, F.ASCE, F.NSPE
Civil Engineer
VA Professional Engineer# 13196
ELMER RISS CURTIS 2
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LICENSE No.
13196
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REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
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Virginia Department of Transportation y` f '
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.
Applicant: it is your responsibility to complete this form.,as accurately as possible in order to assist the .
e ac 7 <th.t e r r view moo, please attach two(2)copies of your apphea on foto,l.aca�on,Map d
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Applicant's Name: Richard J and Margaret B Byess Telephone: 703-407-5986
Email Address: byess.family@gmail.com
Name of development and/or description of the request:
See attached documents
Location of Property:
1107 Cedar Creek Grade
Virginia Department of Transportation Comments:
The application for a Conditional Use Permit for this property appears to have little
measurable impact on Route 622 (Cedar Creek Grade),the VDOT facility providing access
to the property The existing entrance is located on this portion of the road meets VD01
entrance requirements. Based on this information,VDOT can support the CUP request.
VDOT Signature&Date: ' U -:7
Notice to VDOT-Please Return Form to Applicant
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REQUEST FOR CONDITIONAL USE PERI IT COMNMNTS
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Mail to: Hand deliver to:
Frederick County Fire Marshal Frederick County Fire&Rescue Dept.
1.080 Coverstone Drive Attn: Fire Marshal
Winchester,Virginia 22602 Public Safety Building
(540)665-6350 1080 Coverstone Drive
Winchester,Virginia
Appticat t: It is pa resf+t:>mmIJiity to ccmplere this tort at as accurately as passible in order to assist the
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Applicant's Name: Richard J and Margaret B Byess Telephone: 703-407-5986
Email Address: byess.family@gmaii.c:om
Name of development and/or description of the request:
See attached documents---
Location of Property:
1107 Cedar Creek GFade
Fire Marshal's Comments: _.
Fire Marshal's Signature &Date:.,_
ii
Notice to Fire Marshal - please Return This Form to the,bkpplicant
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Frederick Cw'cunty Fire and Rescue Department
Office of the Fire Marshal
1030 Covenstene Drive
Winchester,VA 22602
Phone: 540-665-6350 Fax: 54"78-4739
fmo@fcva.ts
man Review.
Conditional Use
Status: Approved
Owner
Richard J. Byess
1107 Cedar Creek Grade
Winchester,Virginia 22602
Phone: 703-407-5986
Owner:
Margaret B, Byess Printed bate: 09/22/2022
-General Information
Received Date: 09/12/2022 Occupancy Type:
1 Review Begin Date: 09122/2022 Property Use:
Review End Date: 09i22/2022 Activity Number: 1091061
Hours: 1.0000 Review Cause: Application
Activity Details
Project Name Barn-Community Focused Charitable Use
Comments:
Portable fire extinguishers and smoke alarms shall be installed per the Frederick County Fire Prevention Code.
e
Adam. -
LieutenantlAssistant Fire Marshal
Page 1 of 1
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Inspections Department
Mail to: Hand deliver to:
Frederick Cuunty Inspections Department Frederick County Inspections Department
207 North Kent Street, 211d Foor Attn: Building Official
Winchester,Virginia 22601. 107 North Kent Street,2"d Floor
(540)665-5650 Winchester,Virginia
Applicmv It is your responsibility to complete this km as accurately as pose In.order to assist the
Applicant's Name:�Od Margaret 0 BYess Telephone: 703-407-5986 _...__._
Email Address: byess.tamily(Pgmail.c om
_- - -- RE_
Name of development andfor description of the request: SEP
See attached doeumeno
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Freeftfmr Cou,Riy
Fu$;`•4C 4�Jf;•.r a&i£1,$pe;;2i;Or1H
Location of Property:
1107 Cedar geek Grade
Building Official's Comments:
{
Building Official's Signature&Date:
Notice to Inspections Department-Please Return This Form to the Applicant
�1
CUP Comments 1107 Cedar Creek Grade
The existing farm building will require an evaluation of the foundation and structure by a
Virginia Registered Design Professional.
The building will also require a change of use permit and meet the requirements of the Virginia
Existing Building Code and Virginia Construction Coue,Other codes that may apply are the
Virginia Plumbing,Mechanical,and Energy Codes as well as ANSI 117.1 and the NEC.
Entrances and exits shall meet accessibility requirements per ANSI Al 17.1
Accessible parking and pathway to the building will be required.Exit signage and emergency
lighting shall be required.
UASite plan commentskCl UP comments 1107 Cedar Creek Grade.doc
r
REQUEST:'DPS C.(:�MICKAL USE PE AI COMMENTS
Frederick County Dept of
Public Works
Frederick County Frederick County
Department of Public Work Department of Public Works
107 North Kent Street 107 North Kent Street, 2"a Floor
Whichester,Virginia 22601 W[nchester,Virginia 22601
Appiicaat;;it Is your rapwibiftry to complete this form as accurately as possible in order to asslst i
diefriwAgw., �aaplease atuwh:two.(2)rnpies gtyqg;appli tion la st'
Applicant's Name: Richard J and Margaret$nyew Telephone: 703407-5986
Email Address: Ampiownaumm
I I 'E D
Name of development and/or de-scription of th.e request:
See adechad dommW 2 2022
. fors
Location of Property:
1107 Cedar Creek Grade
r
Frederick County Departiuent dP Comments:
k
Ail hi2m
Signature&Date:
Jim /04- z 7-
,oace-PA.-ase Rew n ..'j% i." ro c to the Applicant:
16
Frgderklx
Frederick water
Asm.- Engineer
P.O.Box. 1$7
(540) 869,1061 SitgOwls ci,�,,,Virginia
Applkall T h i„i pur r -�: .h tv to c wpitefirs,form A>Amak.rma]v w., oz le,im !xrdetr. W Tus t t f
pf' `s Name- Pwimrd J �rPw ffsYsm 703-407--SW
:snail :.kddm.%s,
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Locattem of Prt pmay,
Frederkk Water:Comm.-muz,
FREDERICK WATER DOES NOT SERVE THIS PARCEL AND HAS NO ADDITIONAL
COMMENTS
Sanitativii utho t�Signawn8k Dmun,._._.-- ---Member 14 2022
Modulo FrMtri&Wr I'll..♦ns� Xso.rm �m,t is t�Qva.s'to ffien Ap ward
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REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
City of Winchester '
Mail to: Hand deliver to:
Winchester City Planning Department Winchester City Planning Department
Attn: Planning Director Attn: Planning Director
15 North Cameron Street Rouss City Hall
Winchester, Virginia 22601 15 North Cameron Street
(540) 667-1815 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 one (1) copy of your application form, location map and
Applicants Name: Richard J and Margaret B Byess Telephone: 703-407-5986
Email Address: byess.family@gmail.com
Name of development and/or description of the request:
See attached documents
Location of Property:
1107 Cedar Creek Grade
City of Winchester Comments:
� Na (.-/�lr—cilli�/K�isf� �J e"'I,wcew
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City of Winchester- Signature &Date: /3 o2f122—
Notice to City of Winchester -Please Return his Form to the Applicant
14
,5
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
Fax: 540/665-6395
October 20, 2022
Richard Byess
Margaret Byess
1107 Cedar Creek Grade
Winchester, VA 22602
RE: Request for Historic Resources Advisory Board(HRAB) Comments
Conditional Use Permit Application
Zoning: RA(Rural Areas)District
Property Identification Numbers (PINs): 63-A-2F
Magisterial District: Back Creek
Dear Mr. and Mrs. Byess:
The Frederick County Historic Resources Advisory Board (HRAB) considered the above
referenced Conditional Use Permit (CUP)application during their meeting on October 17, 2022.
This application seeks to allow for the storage of furniture in an existing barn on the property as
well as a small humanitarian aid organization office. The 5.00-acre parcel is located roughly 0.2
miles west of the City of Winchester, 0.6 miles east of Route 37,and is bound on the north side by
Cedar Creek Grade in the Back Creek Magisterial District. The parcel is zoned RA(Rural Areas).
Following their review of this application, the HRAB determined there would be no adverse
impacts on local historical resources from the proposed use and recommended approval.
Thank you for the opportunity to comment on this application. Please call if you have any
questions or concerns.
Sincerely,
Kayla Peloquin, Planner
Department of Planning & Development
KLP/pd
cc: Gary Crawford, HRAB Chairman
Wyatt Pearson, Planning Director
Tyler Klein, Frederick County Senior Planner
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
11/2/22, 11:47 AM Frederick County Taxes Paid
` . COUNTY OF FREDERICK
P.O.BOX 225
y WINCHESTER,VA 22604-0225
-t C.WILLIAM ORNDOFF,JR
Real Estate Taxes Paid for Tax Year 2022
Map Number: 63 A 2F Account#: 8028019
()wn Dv 1W
ame
BYESS
2022 5471 1�RICHARD 4/25/2022 5.00 ACRES $2,314.34
Total Paid: $2,314.34
This ai-nount represents payrnent's app ied dU-Nag calendar year 2022 and does -not include Penalty, Interest or.
Credit Card Fees.
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