028-23 (CUPMichaelAndBrendaRose(RosesPlumbing)) ORDINANCE
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Action:
PLANNING COMMISSION: November 1, 2023 Recommended Approval
BOARD OF SUPERVISORS: December 13, 2023 Adopted
ORDINANCE
CONDITIONAL USE PERMIT 410-23
ROSES PLUMBING
WHEREAS, CONDITIONAL USE PERMIT APPLICATION#10-23 was submitted by Michael
and Brenda Rose for a Cottage Occupation to operate a plumbing business. The property is located at
311 Paddys Run Road, Star Tannery,Virginia and is identified with Property Identification Number 80-
A-22 in the Back Creek Magisterial District; and
WHEREAS,the Frederick County Planning Commission held a public hearing on this Conditional Use
Permit on November 1, 2023, and recommended approval; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional
Use Permit during their regular meeting on December 13, 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, and 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 Permit#10-23 to
allow for a cottage occupation on the parcel identified with Property Identification Number 80-A-22 is
issued with the following conditions:
1. All review agency comments shall be complied with at all times.
2. One (1) employee that is not residing on the premises is permitted.
3. No customers permitted on the property.
4. Any expansion or modification of this use will require the approval of a new CUP.
Res# 028-23
PDRes#50-23
This ordinance shall be in effect on the date of adoption.Passed this 13th day of December 2023 by the
following recorded vote;
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
Heather H. Lockridge Aye Robert W. Wells Aye
Josh E. Ludwig Aye Judith McCann-Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Michael L. Bollhoefer
Frederick County Adz nistrator
Res# 028-23
PDRes#50-23
CONDITIONAL USE PERMIT #10-23
4SG�' CSG
COTTAGE OCCUPATION (ROSES PLUMBING)
A a Staff Report for the Board of Supervisors
Prepared: December 1, 2023
'738 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: 11/01/23 Recommended Approval
Board of Supervisors: 12/13/23 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit(CUP) to allow a Cottage Occupation to operate a
plumbing business. Should the Board of Supervisors find this use to be appropriate, Staff would
recommend the following conditions be placed on the CUP:
1. All review agency comments shall be complied with at all times.
2. One (1) employee that is not residing on the premises is permitted.
3. No customers permitted on the property.
4. 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 910-23 Cottage Occupation (Roses Plumbing)
November 2,2023
LOCATION: The subject property is located at 311 Paddys Run Road, Star Tannery, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 80-A-22
PROPERTY ZONING& PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA Use: Vacant
South: RA Use: Residential
East: RA Use: Residential
West: RA Use: Vacant/Cemetery
PROPOSED USE: This is a request for a Conditional Use Permit (CUP) for a cottage
occupation (plumbing business) of 64.00+/- acres.
REVIEW EVALUATIONS:
Planning and Zoning:
Proposal:
This is a request for a Conditional Use Permit (CUP) for a cottage occupation to operate a
plumbing business. The applicant proposes utilizing an existing, permitted 30'x50' (1,500 SF)
warehouse on the property for storage of materials. Any outdoor storage of materials would be
limited to pipes and scrap that would be stored behind the building and taken to the scrap yard
monthly. There would be no customers coming to the site as all work takes place off-site. One
employee would visit the site briefly in the mornings to gather materials for the day and
occasionally in the evenings to unload materials, typically between 7:00 AM and 5:00 PM
Monday through Friday. The employee or owner may visit the warehouse outside of these
typical hours if necessary due to an emergency service call. The applicant has indicated the
business has two small cargo vans, one of which the employee takes to their home each night,
and one pickup truck/dump truck that would be parked on the property when not in use.
Staff conducted a site visit on October 13, 2023, and observed the warehouse utilized for storage
of plumbing materials, the graveled entrance to the warehouse, and verified the type vehicles
used for the business.
Comprehensive Plan Land Use Compatibility:
The Comprehensive Plan provides guidance when considering land use actions and designates
this property to remain rural in nature. The property is not included in any small area plans and is
Page 3
CUP 910-23 Cottage Occupation (Roses Plumbing)
November 2,2023
located outside of the Urban Development Area (UDA) and the Sewer and Water Service Area
(SWSA). The proposed use is generally consistent with the Comprehensive Plan.
Zoning Ordinance Requirements:
The Frederick County Zoning Ordinance defines a Cottage Occupation as "An occupation or
profession customarily carried on in a dwelling unit or an accessory building,which: A.
Actually, is carried on wholly within the principal residential building or an accessory building
or structure, B. Is carried on by no more than one person other than members of the family
residing on the premises: C. Is clearly incidental and secondary to the use of the dwelling unit for
residential purposes; and D. Serves more than five customers per day (§165-101.02). Cottage
Occupation is allowed use in the RA Zoning District with an approved CUP.
The Zoning Ordinance states that "outdoor storage or processing shall be completely screened
from the view of road and street right-of-way and from surrounding properties by a six-foot-tall
opaque fence, wall, berm or evergreen screen" (§165-201.10 (A)). The existing mature evergreen
vegetation meets the requirements for screening of the outdoor storage of pipes and scrap
materials.
Virginia Department of Transportation: The existing entrance, at 311 Paddy's Run Road, is
adequate for the proposed use. The applicant has agreed to remove some brush and scrub trees
to enhance visibility to the north. Please see the attached letter from Lloyd Ingram,
Transportation Engineer dated September 28, 2023.
Winchester-Frederick Health Department: The detached structure is used for storage of
plumbing supplies. There are no employees onsite for an 8 hour shift other than the owner that
works out of her home. This office has no objections provided no employees are onsite. Please
see the attached letter from Jim Davis, Environmental Health Manager dated September 27,
2023.
Frederick County Fire Marshal: Approved as described on the application. Please see the
attached letter from Adam Hounshell, Lieutenant/Assistant Fire Marshal dated September 27,
2023.
Frederick County Public Works: We offer no comments. Please see the attached letter from
Joe Wilder, Director of Public Works dated October 3, 2023.
Frederick County Inspections Department: Existing building was permitted and inspected as
a storage building. Approved as submitted. Please see the attached letter from Mark Fleet,
Building Oficial dated September 26, 2023.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/01/23
MEETING:
The Planning Commission asked staff why a cottage occupation CUP is necessary, and staff
Page 4
CUP 910-23 Cottage Occupation (Roses Plumbing)
November 2,2023
responded that because there is an employee of the business, a cottage occupation CUP is
required as this does not meet the definition of a home occupation. The Planning Commissioners
were surprised that this relatively innocuous use required a CUP and directed staff to look into
amending the cottage occupation definition in the Zoning Ordinance to allow for an employee
with a standard home occupation. A public hearing was held and one neighbor of the applicants
spoke in support of the application and stated they don't see why a CUP is required to operate in
the proposed manner. The Planning Commissioners unanimously recommended approval of the
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.
CUP # 10 - 23: Michael and Brenda Rose (Roses Plumbing)
PIN: 80 - A - 22
Cottage Occupation
Zoning Map
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Application 1
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_ 107 N Kent St
Winchester,VA 22601
540-665-5651
0 287.5 575 1,150 Feet Map Created:October 10,2023
CUP # 10 - 23: Michael and Brenda Rose (Roses Plumbing)
PIN: 80 - A - 22
Cottage Occupation
Location Map
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Application 1
Parcels 7 \ WE
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" Frederick County Planning&Development
_ 107 N Kent St
Winchester,VA 22601
540-665-5651
0 287.5 575 1,150 Feet Map Created:October 10,2023
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Submittal Deadline i 0 1 to
P/C Meeting NQ
0111) BOS Meeting
APPLICATION FOR CONDITIONAL USE PERAUT
FREDERICK COUNTY,VIRGINIA
1. Al2plicant(check one Property Owner�— Other
NAME: 1 CI'?1 d x 1[e C Ac), _t-L
ADDRESS: 3 l i as s R un , &+,a t i cLn�? r
TELEPHONE AND EMAIL ADDRESS:
2. Please list all owners,occupants, or parties in interest of the property:
3. The property is located at: (please give exact directions and include the route number of
your road or street)
Ns a_c - c Frt crle iCk �� .\ rasp" '�n4 o n -thQ,
4. The property has a road frontage of ' qlO feet and a depth of�� a, feet and
consists of_' q.._ acres. (Please be exact)
5. The property is owned by
evidenced by deed from Ti S E a n;cv,)- -Os'nciz-e. (previous owner) recorded in
deed book no.-BSIp on page 346 ,as recorded in the records of the Clerk of the
Circuit Court, County of Frederick.
6. Property Identification Number(P.LN.)
Magisterial District_ cf cIL Cre-e l-c-`'�i s- ri e _
Current Zoning __ '1
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7. Adjoining Property:
USE ZONING
North 1 yozi l
East QccLL�i eco
South Oc Li.L,6 r r-
West cc u ►� —
Ce.m�.
8. The type of use proposed is consult with the Planning Dept. before com Metin :
9. Describe, if applicable, any new buildings to-be-constructed associated with this use:
+ ray NLe lc;l
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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 t� Address
Nameia s4v�m 5 cS 14ctrn oY� `1 1q -
LD 1,Y) L W D'-D C.e_O
Property C)3 6 43019I 465a3°I
Name Z:6h Yl
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Name erase)I r tfr-VG `p ecf
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U L��S C7 8 f rg �J L8(��"2 J ZZ a Property#
Name M l Pcay k-i fi e U-O e P O �3 5 t Q.s s{r
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Prop' # 2
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Property kJ Sq,aJ n o2 Freak.j l d-r-6L-'r5 , Y-A l�l7
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Name and Property Identification Number Address
Name —}1 '�5 � f)cj m P' L qt
Property # 1Y
Name
Property#
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Property#
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Property#
Name
Properly#
Name
Property#
Name
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Name
Property#
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Name
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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 property record shall sign the application.
Signature of Applicant —
Signature of Owner(s)
Owners'Mailing Address Z 1 t
S`iU r _t EL-n Yl , Y�FI �a to S4-
Owners' Telephone No. 40 - L-1
FIO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
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PROPOSED USE/CURRENT USE
Warehouse — storage of plumbing materials; the warehouse is a
30 x 50 metal storage building that contains no electricity,
water or sewer. It is equipped with fire extinguishers and
smoke detectors. The driveway entrance is a gravel entrance to
the warehouse and the lot is surrounded by trees except for the
actual entrance. The entrance is also access to the hayfield
adjacent to the warehouse. Trees to the right as exiting the
entrance will be kept trimmed for visibility of the turn.
1 employee outside of the family accesses the warehouse with a
company owned vehicle. He never drives a personal vehicle and
leaves it there and his company vehicle is taken home every
night. The employee accesses the warehouse in the morning and
evening for a period of 15 minutes or less to load materials for
the day. Periodically due to emergency calls he may have to
return to retrieve another part needed for that emergency. He
sometimes returns to the shop when his day is done to unload
from the days work. He does not always come into the
warehouse in the evenings and will wait to unload the next
morning to save time and gas.
Outdoor storage is limited to pipe and scrap that is stored out of
site at the back of the building. Scrap is taken on a monthly basis
to avoid excess storage.
There are NO customers allowed in the warehouse.
Hours that the warehouse is accessed is dependent upon the
service calls received. A typical day is Monday— Friday from 7:00
a.m. until 5:00 p.m. We do emergency service so there are times
when it may be accessed after hours by either my 1 employee or
owner.
There is a small building next to the warehouse that contains
company records. Only owners access this building.
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Virginia Department of Transportation ,w,
Mail to: Hand deliver to:
Virginia Department of Transportation Virginia Department of Trans !EP
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Attn:Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike 22023
Edinburg, Virginia 22824 Edinburg, Virginia 22824 ,
By
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: `c 1 " 'dTelephone: . 40 -'4 l - 04 5
Email Address:
Name of development and/or description of the request:
Location of Property:
1
Virginia Department of Transportation Comments:
The existing entrance}at 311 P_addy's Run Road, is adequate for the proposed use. The
applicant has agreed to remove some brush and scrub trees to enhance visibility to the north.
VDOT Signature&Date: !r—S'�1�42 cR-�
Notice to VDOT-Please Return Form to Applicant
9
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REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick-Winchester Health Department
Mail to: Hand deliver to: ofo
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�i� .� 4 �IYJ � �2 Telephone: eSy-• q.91 -01
Email Address: r__05 e5 t
Name of development and/or description of the request: (1
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Location of Property:
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Frederick-Winchester Health Department's Comments:
��TAT�tI _eorocTo?i` �5 115F!� /'Z'1�- S%eYP6t Gf �IVr3rJC> 5u, lire• T17� f)Pt �tU
,6:)4�'/LYtt� �.rs�-Tr �c/1- ,,�'J ha�JfZ .5t1�fT C7`�1�n 7t1.� ; /�� L�,JJi/� Tl/f-
J"10)9I,-5 VV-T- mF jJ,-2- flt'JYIF 1 �J1S 2:� C:" SIPS JvrS ar3Srt-c�c�1 C
Health Dept. Signature& Date: _ - C Z 23
Notice to Health Department-Please Return This Form to the Applicant
13
RECr'o.Vt!IIj ��(��F ✓
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
i
Frederick County Fire Marshal IJ//
Mail to: Hand deliver to:
Frederick County Fire Marshal Frederick County Fire&Rescue Dept.
1080 Coverstone Drive Attn:Fire Marshal
Winchester, Virginia 22602 Public Safety Building
(540)665-6350 1080 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:-d!i cuea Y rX� Telephone: 540 -4%) "O 12 S
Email Address: r n_S cSr_I.L t ! C )
Name of development and/or description of the request:
Location of_Property:
Fire Marshal's Comments:
Fire Marshal's Signature&Date: T q- 7^
Notice to Fire Marshal-Please Return This Form to the Applicant
10
Frederick County Fire and Rescue Department
Office of the Fire Marshal
1080 Coverstone Drive
Winchester, VA 22602
Phone: 540-66M350 Fax: 540-678-4739
fmo@fcva.us
Plan Review
Conditional Use
Status: Approved
Business Name
Rose's Plumbing
311 Paddys Run Road
Star Tannery, Virginia 22654
Owner: Printed Date: 09/27/2023
Michael Rose
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Received Date: 09/25/2023 Occupancy Type: Business, mercantile
Review Begin Date: 09/27/2023 Property Use: Professional
Review End Date: 09/27/2023 supplies/services
Hours: 1.0000 Activity Number: 10910045
Review Cause: Application
ActiV4 Details
Project Name Add Plumbing Business in Detached Building on their
Property
Comments:
Approved as described on the application.
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Department of
Public Works IVED
Mail to: Hand deliver to:
Frederick County Frederick County
Department of Public Works Department of Public Works
107 North Kent Street 107 North Kent Street,2nd Floor Frederick County
Winchester, Virginia 22601 Winchester,Virginia 22601 Public Works& Inspections
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
al l other pertinent information.
Applicant's Name- C� �/�?�� Telephone: L��L
Email Address: CCL
�54
Name of development and/or descri'tion of the request:
Location Property:
Public Works Comments:
[o-7 ►fir +-Y _ -
Signature&Date:
Notice-Please Return This Form to the Applicant
16
REQUEST FOR CONDITIONAL USE PERMIT COMMENTS
Frederick County Inspections Department
Mail to: Band deliver to: VEQ
Frederick County Inspections Department Frederick County Inspections Department
107 North Kent Street, 2nd Floor Attn: Building Official
Winchester, Virginia 22601 I07 North Kent Street, 2"d Floor
(540) 665-5650 Winchester, Virginia Frederick County
public Works& inspections
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) � i✓� r � Telephone: ••O t
Email Address_ cE 0 1",Yz=j n 0 Q
Name of development and/or description of the request:
i of i
Location( of Property: _
Building Official's Comments: ,
lv
Sde- �, 1�0. ,C �► '�
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Building Official's Signature&Date: zejz---
Notice to Inspections Department-Please Return This Form to the Applicant
11
Frederick County Taxes Paid 9116/23,1:35 PM
a
COUNTY OF FREDERICK
P.O.sox 225
WINCHESTER,VA 22604-0225
C.WILLIAM ORNDOFF,JR
Real Estate Taxes Paid for Tax Year 2023
Map Number: 80 A 22 Account#: 8024593
Dept# Ticket# Seq ner Bill Date Description 1,1% Vaid,
Name
ROSE
RE2023 35488 1 MICHAEL 4/15/2023 64.00 ACRES $630.62
G
Total Paid: $630.62
This amount represents payments applied during calendar year 2023 and does not inclucle Penalty, interest or
Credit Card Fees.
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