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015-24 (CUP172FireHouseLLC&BarbaraSinghas) ORDINANCE Action: PLANNING COMMISSION: July 3, 2024 Recommended Approval BOARD OF SUPERVISORS: August 14, 2024 Approved CONDITIONAL USE PERMIT 03-24 172 FIRE HOUSE LLC & BARBARA SINGHAS WHEREAS, CONDITIONAL USE PERMIT 03-24 was submitted by 172 Fire House LLC and Barbara Singhas for a landscape contracting business at 171 Old Firehouse Lane Winchester, Virginia, identified with Property Identification Number(52-A-287B) in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on July 3, 2024 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit on August 14, 2024; 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 03-24 for a landscape contracting business on the parcel identified with Property Identification Number(52- A-28713) is approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation for the site shall be limited to 6:00 AM to 8:00 PM daily with exceptions for emergency inclement weather services (snow removal and storm damage remediation), Customer visits shall be limited to 8:00 AM to 5:00 PM daily. 3. No more than 60 employee vehicles on the property at any one time. 4. A minor site plan shall be approved by Frederick County, and the improvements shown on the site plan shall be completed prior to the establishment of this use. Res.No. 15-24 5. Any expansion or change of use shall require a new Conditional Use Permit. This ordinance shall be in effect on the date of adoption. Passed this 14'h day of August, 2024 by the following recorded vote: Josh Ludwig, Chairman Aye John Jewell Aye Heather H. Lockridge Aye Robert W. Wells No Blaine P. Dunn No Robert Liero No Judith McCann-Slaughter Aye A COPY ATTEST Michael L. Bollhoe Frederick Count Administrator Res. No. 15-24 CONDITIONAL USE PERMIT #03-24 172 Fire House LLC and Barbara Singhas (Robert Sproul POA) qw Landscape Contracting Business r Staff Report for the Board of Supervisors Prepared: July 25,2024 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: 07/03/24 Recommended Approval Board of Supervisors: 08/14/24 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit(CUP)for a landscape contracting business located at 171 Old Firehouse Lane, Winchester in the Back Creek Magisterial District. Should the Board of Supervisors find the use to be appropriate,the Planning Commission recommended the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Hours of operation for the site shall be limited to 6:00 AM to 9:00 PM daily with exceptions for emergency inclement weather services (snow removal and storm damage remediation). Customer visits shall be limited to 8:00 AM to 5:00 PM daily. 3. No more than 60 employee vehicles on the property at any one time. 4. A site plan shall be approved by Frederick County, and the improvements shown on the site plan shall be completed prior to the establishment of this use. 5. Any expansion or change of use shall require a new Conditional Use Permit. Following the 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 903-24 172 Fire House LLC & Barbara Singhas July 25, 2024 LOCATION: This property is located at 171 Old Firehouse Lane, Winchester,Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 52-A-287B PROPERTY ZONING& PRESENT USE: Zoning: RA (Rural Areas) Land Use: Landscape Contracting Business ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Private school &residential South: RA (Rural Areas) Use: Special event facility East: RA (Rural Areas) Use:Agriculture/vacant West: RA(Rural Areas) Use: Special event facility PROPOSED USE: This is a request for a Conditional Use Permit for a landscape contracting business on a+/- 5.00-acre property. REVIEW EVALUATIONS: Planning and Zoning Current Operations: The applicant operates a landscape contracting business with roughly 30 employees that meet at the site each morning. Hours of operation are 6:00 AM to 6:00 PM with potential variation seasonally and due to inclement weather. Many employees carpool, which reduces the number of trips and vehicles parked on the property. The applicants state that the site can comfortably accommodate 30 vehicles. There is a detached garage/shop on the property with a bathroom for employees. No customers visit the site. Currently, the house is not being used as a residence or an office. Numerous trucks and various other landscaping equipment are stored on the property along with flowers and plants, mulch, stone, and other materials. Future Expansion: The applicant plans to utilize the existing residence, which is currently vacant, as an office space for 2 full-time administrative staff members and 5 employees that will use the office infrequently. The applicant proposes a maximum of 75-100 employees who would meet at the site during peak season, typically March through October. Carpooling would continue to be encouraged;therefore,no parking expansions are proposed. The applicant proposes customers visit the site between 8:00 AM and 5:00 PM by appointment only. An additional 40'x 60' building would be added for storage. There are no plans to use the property as a retail location. A site plan would be required should the CUP be approved, to show parking areas, surface material for outdoor storage, and address screening requirements. The site plan could be phased, such that if the applicants open the site to customers in the future, the second phase would require elements such as an ADA accessible route from a parking area to the office. CUP 903-24 172 Fire House LLC & Barbara Singhas July 25, 2024 Comprehensive Plan Conformance: The Comprehensive Plan provides guidance when considering any land use action. The property is located outside of the Sewer and Water Service Area(SWSA) and the Urban Development Area (UDA). The long-range land use of the property is designated to remain rural in nature. The property is located within the Round Hill Rural Community Center as identified in the Round Hill Land Use Plan, which mainly discusses residential development patterns. One goal in the Rural Areas section of the Comprehensive Plan is to support the growth of the county's rural communities by encouraging appropriate mixes of residential, commercial, and business uses within the Rural Community Centers (pg. 15). The proposed landscaping contracting business is in general conformance with the Comprehensive Plan. Zoning Ordinance Requirements: The Zoning Ordinance does not include additional regulations for a landscape contracting business and the use is not defined. §165-201.10 on Outdoor Storage and Processing requires 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." Furthermore, "outdoor storage surface areas shall consist of asphalt, concrete, stone,gravel or any other impervious surface approved by the Zoning Administrator." These requirements must be shown on the site plan for the property. A landscape contracting business is allowed in the RA (Rural Areas) Zoning District with an approved CUP. Other Review A2ency Comments: Review Agency Comment Issuance Status Date Virginia Department of August 4, 2023 Originally recommended a turn lane Transportation (VDOT) warrant analysis—VDOT did the analysis and determined no turn lane is warranted at this time. Virginia Department of July 20, 2023 Unable to locate existing onsite sewage Health (VDH) system records. If changing use of residence to office, hire Onsite Soil Evaluator(OSE)to determine capacity of existing system. Frederick County (FC) July 19, 2023 Change of use required for office, must Inspections meet Building Code and have accessible route. FC Fire Marshal August 12, 2023 Com liance with Fire Code. Historic Resources May 20, 2024 Consider mixture of planting types for Advisory Board HRAB screening. CUP 903-24 172 Fire House LLC & Barbara Singhas July 25, 2024 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 07/03/24 MEETING: The Planning Commission discussed other options to the hours of operation from 6:00 AM — 6:00 PM with seasonal variation as proposed by the application, such as from dawn to dusk or sunrise to sunset, to not limit the business and allow for more flexibility for emergency situations. Mr. Pearson stated that the hours of operation are intended to make sure there are some bounds to the CUP as the business operates in a primarily residential area. Members discussed the requirements for screening and Mr. Pearson clarified that any outdoor storage of materials or equipment would be required to be screened per the Zoning Ordinance and depicted on the site plan. There was a discussion on the VDOT comment requiring a turn lane warrant analysis be done by the applicant. Mr. Pearson stated that since the time of that comment, VDOT has completed the turn lane warrant analysis and determined that a tum lane from Round Hill Road onto Old Firehouse Lane is not warranted at this time. Regarding the VDH comment, Mr. Pearson stated the applicants are working to determine the adequacy of the existing septic field. Mr. Sproul, representing the applicants, shared the history of the property and the business as it relates to the zoning violation. Mr. Sproul requested a few changes to the conditions as proposed. The hours of operation were initially requested from 6:00 AM— 6:00 PM, but dawn to dusk would better account for seasonal variation along with language to allow for work outside of those hours for work in inclement weather, such as snow removal and storm remediation. Mr. Sproul requested the limit of 30 employee vehicles be changed to 60, as there is currently room to accommodate 30- 40 employee vehicles and the new cap would allow room for expansion. Lastly, Mr. Sproul asked the site plan requirement to be changed to an illustrative sketch plan, which would still provide details for the Zoning Ordinance requirements for screening and surface materials for parking and outdoor storage. One public comment was made by an adjoining landowner in support of the application as long as fencing and evergreen trees are installed as a buffer. He stated that traffic has not been an issue to date. In conclusion, Mr. Pearson said if the employee vehicle cap is significantly increased, that would be handled at the site plan stage as VDOT would have an opportunity to comment at that time. The screening requirements can only be enforced through a site plan, unless a specific condition on screening is added to that effect. The Planning Commission unanimously recommended approval of the CUP with two modifications that staff work with the applicants on language for hours of operation and that the cap of 30 employee vehicles be changed to 60. 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 # 03 - 24: 172 Fire House LLC and Barbara Singhas PIN: 52 - A - 287B Landscape Contracting Business Zoning Map 5W m CM RD OMM) GEM 2V OMM) @31M c�em two M } 03 A4 r111 DIM '~ t a0=0 I� 0 0 •� 50ftTH.Z WESTERN PIKE N ROpyQ go R. d I � O 0 i r o QApplication N Sewer and Water Service Area 1 Q Parcels 7 �\ W E 1 S i J Frederick County Planning&Development r _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 80 160 320 Feet Map Created:June 14,2024 CUP # 03 - 24: 172 Fire House LLC and Barbara Singhas PIN: 52 - A - 287B Landscape Contracting Business Location Map 5W m CM RD OMM) GEM 2V OMM) @31M c�em two M } 03 A4 r111 DIM '~ t a0=0 I� 0 0 •� 50ftTH.Z WESTERN PIKE N ROpyQ go R. d I � O 0 i r o QApplication N Sewer and Water Service Area 1 Q Parcels 7 �\ W E 1 S i J Frederick County Planning&Development r _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 80 160 320 Feet Map Created:June 14,2024 Submittal Deadline PIC Meeting ROS Meeting -� APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY,VIRGINIA 1. Applicant(check one): Property Owner Other NAME: 172 Fire House LLC ADDRESS: P.O.Box 4296 Winehester,VA 22604 TELEPHONE AND EMAIL ADDRESS: $40-327-0747 acutabove.tyWr@gmail.com 2. Please list all owners,occupants,or parties in interest of the property: 172 Fire House LLC Barbara C.Singhas 3. The property is located at: (please give exact directions and include the route number of your road or street) 171 Old Firehouse Lane,Winchester,VA 22602 4. The property has a road frontage of 300 feet and a depth of feet and consists of_5_ _ _acres. (Please be exact) 5. The property is owned by 172 Fire House LLC&Barbara C.Singhas as evidenced by deed from RlduW Singhas (previous owner) recorded in deed book no. 100003603 on page 0257 —,as recorded in the records of the Clerk of the Circuit Court,County of Frederick. 6. Property Identification Number(P.1.N.) 52,A-2878 Magisterial District equon Current Zoning Round Hit 5 7. Adjoining Property: USE ZONING North Fox Meadow Farms RA Fast Farmland AG -- South Housing R West Farmland 8. The type of use proposed is{eonsult with the Planniue Debt before comaletios): landscape contractor use/contractor 9. Describe, if applicable,any new buildings to-be-constructed associated with this use: Proposed future plan may include free standing garage and/or—Ir"staand�ng pole building structurefor dry storage of materials !0. The following are all of the individuals, firrns, 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 eo le will be notified by mail of this application: FName and Property identification Number _ Address Name Regalo LLC - 350 Old Firehouse Ln Property#52-A-261 Winchester, VA 22602 Name Kelrock LLC 218 Woodchuck Ln w Property#52-A-280 Winchester, VA 22602 ` Name Independent School of Winchester, Inc 769 Round Hill Rd Property#52-9-A Winchester, VA 22602 FNameJanet Ricky Hummer 759 Round Hill Rd ty#52 A-285 Winchester, VA 22602 Ludwig 749 Round Hill Rd ^� Property#52-A-284 Winchester, VA 22602 Name Thomas Adams 739 Round Hill Rd Property#52-A-282 Winchester, VA 22602 NameJohnnie Brewer 729 Round Hill Rd Prop"#52-A-281 'I Winchester, VA 22602 s - -�_ Name and Property Watilleation Number Address NameWilliam Moreland _ 1800 Sof Shanhollz Rd Property#52-A-283 Augusta, WV 26704 Name Property# Name Property# Name Property# Name Property# Name Property# Name [NEame Property# Name Property# ik Name Property# Name Property# Name LName 7 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 recon s' the application, Signature of Applicant Signature of Owner(s) Owners'Mailing Address ' P O. Box 4296, Winchester, VA 22604 __ Owners'Telephone No. 5404-W TO BECOMPLETED BY THE ZONING ADMRTISTRATOR: USE CODE: RENEWAL DATE: 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 si the a lication. Signature of Applicant i-` Signature of Owner(s) I — t..LG Owners'Mailing Address Owners' Telephone No. TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: s �`cK coy Special Limited Power of Attorney o County of Frederick, Virginia 0 Frederick Planning Website: www.fcva.us �M Department of Planning&Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: 172 Firehouse LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. P.O.Box 4296,Winchester,Virginia 540-327-0747 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia, identified by following property identification numbers: 52 A 287B do hereby make,constitute,and appoint: Stephen L.Pettler.Jr.and Robert J.Sproul Name of Attorney-In-Fact 21 S Loudoun Street,Winchester,Virginia 22601 540-667-1266 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the following,for the above identified property: Rezoning ❑ Subdivision ✓ Conditional Use Permit ❑ Site Plan ❑ Master Development Plan (prelim. or final) ❑ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind Qr-modify it. Signature Title(if signingpri-f,ehalf of an entity)_orULZILAlr, `PIG I I? Mate of_ �. �_r Q i County/City ofyxl t t�1`0r i U, � To wit: i, M �,i P/ Gr P�SPrn. a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdicti) ,aforesaid this Qr1d_day of ,20+ My Commission Expires: 31 IQ Notary Registration Number: Madeleine Crane Asero Commonwealth of Virginia Notary Public 21 s egislra ion o. 1i My Commission Expires 01/3112025 STEPHEN L.PETTLER,JR. u 7 MFMBER 1 lAR�I sO�j ROBERT J.SPROUL &JOHNSTON COUNSEL 21 S.Loudoun Street Winchester,VA 22601 (540)667-1266 (540)667-1312 fix etde,a harrison-'ohnsri Pnxom sprou iatharrisoa-i,3hnstonxom June 3,2024 VIA HAND DELIVERY Department of Planning and Development Frederick County,Virginia 107 North Kent Street, Suite 202 Winchester,Virginia 22601 Re: Application for Conditional Use Permit for 171 Old Firehouse Lane, PIN 52-A-287B To whom it may concern: Enclosed herein is an Application for a Conditional Use Permit (the"Application") for the property found at 171 Old Firehouse Lane in Winchester,Virginia,PIN 52-A-287B (the"Property").The Application has been submitted to and considered by the requisite agencies and departments. The comments received in response to those submissions are included with the Application. Also included is proof that the Property's taxes are current. The Property is zoned Rural Areas ("RA"). The Application seeks a Conditional Use Permit ("CUP") to operate a landscape contracting business - a conditional use as allowed in RA zoning per 5 165-401.03(L) of the Frederick County Zoning Ordinance. 172 Fire House LLC (the "Applicant") submits that the applied for conditional use meets the standards for a CUP found in 5 165-103.02 of the Zoning Ordinance,as explained below and as will be presented to the Planning Commission and the Board of Supervisors. First, the requested conditional use does not change the character and established pattern of development of the area of the proposed use. The conditional use will not change and is in line with the character and pattern of current uses in the area surrounding the parcel,which have been that of mainly residential with a few small businesses, a school and an events center. Should the Application be approved, there will be only minor "development" (as that word is used in the Zoning Ordinance) on the Property. The Applicant may install a garage or pole building if allowed by the CUP and after acquiring all necessary permits and approvals. Otherwise, the Applicant's only development activities would be for the purpose of preserving the character of the Property while also protecting the surrounding properties from any potential adverse effects of the conditional use. Such development would include installing aesthetically= pleasing landscaping and fencing, which would only change the character of the Property and the area for the better,if at all. The conditional use is in harmony with and will not adversel T affect the use and enjoyment of surrounding properties. In full transparency, it is worth noting that the conditional use has already been occurring on the Property;any adverse effects on surrounding properties would have already been realized.With that in mind, the Applicant submits that an approval of the Application would provide for a level of permanency that would actually allow the Applicant to improve the use and enjoyment of surrounding properties. Should the Application be approved, as described in the paragraph above, the Applicant intends to make minor improvements to the Property to minimize the effects that the conditional use would have, or has had, on HARRISON &JOHNSTON Re: Conditional Use Perit for 171 Old Firehouse Lane June 3,2024 Page 2of3 surrounding properties. Currently, the Applicant submits enjoys positive relationships with the owners of the surrounding properties, and has not been made aware of any adverse impacts of the conditional use. One of the adjoining properties is the Independent School of Winchester. As evidence of the commitment the Application has to ensuring there are no adverse effects of the conditional use, the Applicant frequently wets the gravel road shared by the Property and the school so as to prevent dust from leaving the road and accumulating on the playground. The Applicant has every intention of continuing to foster the relationships with the surrounding properties and is willing to work with those owners to ensure that the conditional use is not adverse to their use or enjoyment. The conditional use is in accord with the polices expressed in the Comprehensive Plan of the County and with the intent of the Zoning;Ordinance. The conditional use is in accord with the Comprehensive Plan and specifically the Round Hill Community Land Use Plan, which designates this parcel as part of a rural community center. Both the Comprehensive Plan and the Round Hill Community Use Plan seek to protect and enhance the character of an established rural community center,while encouraging appropriate mixes of residential, commercial and business uses within those rural community centers. As there will be no major development associated with the conditional use, there will be no changes to the character of the property, and any development would only serve to protect and enhance the natural landscaping of the property while mitigating adverse effects to the surrounding properties.An approval of the conditional use would ensure that the character of the Property and those surrounding it will be protected and enhanced, in accord with the Comprehensive Plan and the Zoning Ordinance. The conditional use shall not adversely affect the natural character and environment of the County. Should the conditional use be approved, there will be no adverse effects to the natural character and environment of the Property or to the County. There will be no major development and the Applicant intends to takes steps to preserve the character and environment of the Property and the surrounding properties,and therefore the County. There are ade uate facilities roads safe access and drainage for the requested conditional use. While there was no general objection,in submitting the application for review to the necessary=agencies and departments, the applicant received two comments regarding the facilities,roads,safe access and drainage.The first was the Department of Transportation's request for a turn lane warrant analysis and the Department of Health's request for a Safe,Adequate and Proper Evaluation.The applicant submits that as the requested conditional use is already in place and that the properties surrounding the Property cause more traffic than the conditional use, that a turn lane warrant analysis is not necessary. Second, the Department of Health requested the Application complete a "Safe, Adequate and Proper Evaluation" of the onsite septic system. The Applicant will complete the requested study and have the results ready for the Planning Commission and Board of Supervisors to consider. Of course,the applicant would initiate an analysis or install additional septic facilities should the Planning Commission or Board of Supervisors so require as a condition of the CUP. HARRISON &JOHNSTON Re: Conditional Use Perit for 171 Old Firehouse Lane June 3,2024 Page 3 of 3 Finally, the requested conditional use conforms with all applicable regulations of the district in which it is. located —which is Rural Areas (RA). Landscape contracting businesses are an allowed conditional use per § 165-401.03(L), and the conditional use otherwise complies with the requirements of RA zoning, such as setbacks and height restrictions. The Applicant does wish to note that some minor revisions to the Application are needed, although those revisions do not change the essence of the requested conditional use. First, as to part 6 of the Application, the property is in the Back Creek Magisterial District and has a current zoning of RA.Additionally,per part 7 of the Application, all of the adjoining properties also carry an "RA" zoning (and not"AG" as noted). The Application also requires all owners listed on the property record to sign the application. In addition to Barbara Singhas, the property-is also owned by 172 Fire House LLC,who is the Applicant. A signature page for 172 Fire House LLC, signed by its Member Tyler Stine, has been appended to the Application. We have also included a copy of the Power of Attorney that designates out firm to act on behalf of 172 Fire House LLC. The original was filed with the Historic Resources Advisory Board. It is our understanding that the Planning Commission's schedule for the summer is in flux and that some meetings have already been cancelled. It is our hope that the Application can be heard by the Board of Supervisors at its September 11`h meeting, or earlier. We would appreciate if the Application could be scheduled to be heard by the Planning Commission at its earliest available meeting. Please do not hesitate to contact me should you have any questions about the Application. I remain, Very truly yours, A= Robert J. Sproul cc (via email): Austin Cano Stephen L. Pettler,Jr. Tyler Stine STEPHEN L.PETTLER,JR. MEMBER HARRISONROBERT J.SPROUL &JOHNSTON Co> s> 1 21 S.Loudoun Street Winchester,VA 22601 (540)667-1266 (540)667-1312 fax pettler(c)harrison-johnston.com s_roul@harrison-johnston.com www.harnson-johnston.com June 12,2024 Kayla Peloquin Department of Planning and Development Frederick County,Virginia 107 North Kent Street,Suite 202 Winchester,Virginia 22601 via e-mail-kaylapeloguin@fcva.ur Re: CUP#03-24 Application for Conditional Use Permit 171 Old Firehouse Lane,PIN 52-A-287B Good morning Kayla, I am writing in response to the questions in your e-mail from yesterday,June 11,2024. First,the house is currently not being used at all—not as a residence nor as an office.The plan is for the house to become an office, and an office only. There will be 7 employees that use the office as a "home base," however, 5 of the employees will be out at job sites for the overwhelming majority of everyday.There will be 2 full-time administrative staff members at the office. To your second question,there are approximately 30 employees that currently meet at this site each morning. The parking lot can accommodate 30 vehicles comfortably and is screened from neighboring properties by a privacy fence at least 6 feet tall.The majority of the employees do carpool and the lot is not at capacity even during peak seasons.While it is possible that 75-100 employees will eventually meet at this site in the future, that is not the case now. That estimate was provided out of an abundance of caution as a high-end estimate by Mr. Stine so that he was not violating the CUP,or we were not having to come back and ask to modify the CUP,if the business ends up expanding and there becomes more employees on-site than there are currently. With regards to your fourth question,we are currently waiting to hear back from an onsite soil evaluator about scheduling a meeting and having that evaluation completed. There has been some delay in this because no one (even the Health Department)has been able to locate the septic records for this property.We submit that the proposed use of an office (with only 2 employees there for 8 hours a day,5 days a week)would necessitate lesser system requirements than a single-family home with 4 bedrooms where its occupants were showering, cooking, etc. Employees will not be permitted into the office to use the facilities and they use a restroom in the shop on the property.All that is to say that we don't anticipate any issue with the onsite soil evaluation. As to the last paragraph of your email, a screening buffer was already part of Mr. Stine's plans and we shared more details on the screening with the HRAB at our meeting.His outdoor storage areas are already(and will continue to be) on stone or concrete.There won't be any issues with compliance on either of those issues. HARRISON &JOHNSTON Re:CUP#03-24 June 12,2024 Page 2of2 We don't foresee an issue with coming into compliance with accessibility issues, either. However, much like his estimate with regards to the number of employees meeting on-site,Mr. Stine cautiously and optimistically included the information about potential customer visits on the application so that there was not an issue with compliance in the future should the business expand. Currently, there are no customers coming to this site, by appointment or otherwise, and any future customer visits would be extremely rare and very brief-nearly all of the interaction and communication with customers is done on the job sites. I share this information only in case it changes your position on any of the accessibility requirements,or in case accessibility becomes a sticking point where we need modify the requests for customer visits.Again,we don't foresee any issues in this area but we want to be sure we are in compliance in all aspects of the CUP (if granted). I have intentionally saved our response to your question about the VDOT turn lane analysis for last.As you may gather,this requirement has been the most time-consuming part of this process and is what has held up this application for so long.Mr. Stine has been trying to get in touch with VDOT for nearly a year and a half now. I won't recite the history with VDOT,but I will tell you that we are asking VDOT to reconsider their position as, first, to our knowledge, neither the school nor the event center that share the same road were required to have a turn lane analysis done. Each of those facilities requires significantly more traffic volume and/or frequency than the proposed use at this site does or will. If we are incorrect and there was a turn lane analysis required for either of those uses,please let us know and we can review that information as we continue to try to reach out to VDOT to get this resolved. Second, as you all are aware, this use has been in place for some time,and we haven't been made aware of any traffic issues to date.The company's employees are there before school starts,and leave after school is out, so the comings and goings never conflict with the school's drop-off and pick-up traffic. I share this with you so that you are aware of our intent ahead of time,but we will continue to reach out to VDOT on the issue as the application moves forward. I hope this letter addresses fully answers your questions,but if there is anything else that you might need from us or would like to see,we are happy to continue the dialogue via e-mail, or to discuss the matter over the phone or at a site visit. Thank you again for your time and consideration. I am Very truly yours, 4 Robert J. Sproul cc (via email): Tyler Stine 172 Fire Mouse LLC PO Box 42969 Winchester, VA 226.04 Business# - 540-327-0747— July 14,2023 To Whom It May Concern, 172 Fire House,LLC is seeking a conditional use permit for thero p perry at 171 Old Firehpuse Lane, Winchester, VA 22602.The businesses operating under I72 Fire House LLC conditional use; permit would consists of but not limited to landscaping, landscape design, landscape maintenance, hardscapes,snow removal,turf management,construction,excavation,communications,and administrative. The businesses will be open between the hours of 6:00am to 6:OOpm (seasonal dndent based upon inclement weather)with very limited customer interactions. Customers will only be vi$iting the property on an appointment basis to review contracts,review potential landscaping designs,oro make payments. Customers will only be permitted to visit the property during the hours of 8:00am to 5:OOpm. The property is not intended to be used as a retail location. The company currently employs between 75-100 employees during the peak season, which, typically ranges from March to October. Employees will have a designated area on the property where they will park during the day. Numerous employees already carpool at this present time,which we will continue to support the efforts to reduce the amount of traffic from vehicles. There will be outdoor storage areas that will contain various materials needed to complete*ork. These storage areas may have flowers and plants,mulch, stone,or other materials needed for contr4cted work and customer projects. There will also be designated areas for extra vehicles and equipment that may not be in use. We propose to install a landscaping and mesh green net fencing along the residential property boundaries to help block or suppress the potential of any debris blowing off property and the visual aesthetics of the property. Should you have any questions or concerns,please feel free to contact me at the telephone number or email address below. Thank you. Sincerely, 172 Fire House LLC 5 Existing Privacey Fence i k Proposed Parking& Overflow Lot ip Proposed 6-T Gre. .. ,_ .. Giant Screen/Green Mesh Net F _ Y F. Proposed Hardscape z...,� ^"Material Area q r Propos Hold! " IRV ,4i a .s aterial Storage y - REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation M��tO� Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Attn: Resident Engineer Attn:Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike Edinburg,Virginia 22824 Edinburg, Virginia 22824 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 r tip and all other pertinent information. Applicant's Name: 172 Fire House LLC Telephone: 540-327-0747 Email Address: ac Name of development and/or description of the request: contractorllandscaping�business-no landscape reteWcontractor operations onsite icustorners may visit ofNce to review contracts ordesigns and make payment Location of Property: 171 Old Firehouse Lane,Winchester,VA 22602 Virginia Department of Transportation Comments: L 3. �- r .l VDOT Signature& Date: L i— Notice to VDOT-Please Return Form to Applicant 9 DEPARTMENT OF TRANSPORTATION StauntontEdinburg Land Development 14031 Old Valley Pike Edinburg,VA 22824 172 Firehouse LLC, A VDOT review has been conducted on the 172 Firehouse, LLC Conditional Use Permit Application for a business of, but not limited to, landscaping, landscape design, landscape maintenance, hardscapes, snow removal, turf management, construction, excavation, communications and administrative, at 171 Old Firehouse Lane- Winchester. The parcel is identified as TM #52 A 287B. While we have no general objection to this proposal, we request you have a tum lane warrant analysis conducted for all users of Firehouse Lane at the connection to Rte. 803, Round Hill Road. If the warrant analysis advises turn lanes are warranted from Rte. 803 onto Firehouse Lane, we would recommend the County have the construction of the turn lanes included as part of the Conditional Use Permit. If they are not warranted, we would not object to the application as presented. Should you have any questions, please feel free to contact me. Thank You, Timothy Rhodes Land Development Engineer/Edinburg Virginia Department of Transportation 540-534-3206 7/16/24,9:21 AM Mail-Kayla Peloquin-Outlook Fw: '[External]'Fw: Conditional Use Permit for 171 Old Firehouse Lane Tyler Klein <tklein@fcva.us> Wed 6/26/2024 1:59 PM To:Kayla Peloquin <kayla.peloquin@fcva.us> From: Spielman,Joseph (VDOT) <Joseph.Spiel man @vdot.virginia.gov> Sent:Wednesday,June 26, 2024 1:57 PM To:Wyatt Pearson <wyatt.pearson@fcva.us>;Tyler Klein <tklein@fcva.us> Cc:Johnson,Joseph (VDOT) <JosephW.Johnson@vdot.virginia.gov> Subject: '[External]'Fw: Conditional Use Permit for 171 Old Firehouse Lane Tyler, Wyatt, Based on our evaluation a left turn lane does not appear to be warranted and no analysis is needed at this time. We can reevaluate the need for a left turn lane during final site plan review. Rya n VDOT Joseph Ryan Spielman Land Development Engineer/Edinburg Residency Virginia Department of Transportation 540-535-1829 joseph.spielman vdot.virginia.gov From: Robert Sproul <sproul@harrison-johnston.com> Sent: Friday,June 14, 2024 11:54 AM To: Spielman,Joseph (VDOT) <joseph.spiel man @vdot.virginia.gov>;joseph.johnson@vdot.virginia.gov <joseph.johnson@vdot.virginia.gov> Cc:Tyler Stine Subject: Conditional Use Permit for 171 Old Firehouse Lane Good morning Ryan, Thanks for taking the time to speak with Tyler this morning. I am sorry I was not able to be there for the conversation. Attached is the application for the Conditional Use Permit that you all spoke about.The VDOT portion and response are on pages 18 and 19 of the .pdf.The previous VDOT response requested a turn lane study and we would like to determine what precipitated that request, and if there is anything we can do to have that request reconsidered (e.g. no customer visits,limitation on the number of employees, etc.). Please feel free to reach out should you have any questions at all or wish to discuss further. Tyler and I would also be available to meet with you or anyone else from VDOT, at the site if that's helpful,to discuss these matters. https://outlook.office365.com/mail/id/AAQkADRmNzNkNjZjLWEwYzYtNDZjMyliZTdjLWRkZmQzNTkxMDIzNQAQANdUdomAkEnTgczzlFmQXOY%3D 1/2 7/16/24,9:21 AM Mail-Kayla Peloquin-Outlook Thanks again and I look forward to hearing from you. HARRISON JH T1 ROBERT J. SPROUL COUNSEL 21 S. Loudoun Street Winchester,VA 22601 (540) 667-1266 (540) 667-1312 fax (571) 510-0577 cell www.harrison-johnston.com EE Harrison &Johnston, PLC does not request or accept wire tY PR4iE{TED BY T, F I D' instructions by e-mail. Please call our office to verify all wire instructions. If you have any difficulty,or if the transmission was incomplete,please advise.This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone or e-mail,and delete the electronic version of the message from your system.Thank you. https://outlook.office365.com/mail/id/AAQkADRmNzNkNjZjLWEwYzYtNDZjMyl iZTdjLWRkZmQzNTkxMDIzNQAQANdUdomAkEnTgczzlFmQXOY%3D 2/2 __ Lord Fairfax Health District T f� � Frederick/Winchester Environmental Health VIDHOF VIRGINIA bLm F.�IR�AX 107 North Kent street -Suite 0 2t11 DEPARTMENT 1 Winchester. Virginia 22601 HEALTH HEALTH DISTRICT Tel.(540)72�-3480 - har (540) 722-347`) ProfecOngYou and Yourfnvironmeni Svww.vdh.viryiniI July 20, 2023 172 fire House LLC 171 Old Firehouse Ln. Winchester,VA 22607 RE: Request for Comments for a Conditional Use Permit Dear 172 Fire House LLC: 1 have reviewed your request and I have not been able to locate a record for the existing onsite sewage system serving the dwelling designated as 171 Old firehouse Ln Winchester,VA 22602 (TMA W A 28713). If you have information that may be of assistance in locating d record, please let me know On your site pldrt, the existing dwelling is labeled as"office". Is the property also used or going to be used for residential purposes? Are there any bathroom facilities in any accessary buildings currently located on the parcel? These are questions that need to be answered. If the property will be used primarily as residence, the existing Septic tank and drainfreld can't be considered to accommodate additional flows from an office,employees, and customers of a commercial establishment, You will need a separate onsite sewage system to accommodate your business operation If the dwelling is not going to be used as a residence and will be used solely as a commercial establishment,you will need to hire a private Onsite Sod I valuator(OSF) to perform a Safe, Adequate and proper(SAP) Lvaluation to determine if the existing onsite sewage system is capable of accommodating flows expected from the number of proposed employees that will use the facilities as well as the expectt�d number of customers on a daily basis. rhe system must be able to handle peak I low per 8-hour shift. It is understood given the nature of your operation that most of the proposed number of employees may not be on Site for an entire 8-hour shift You can discuss how this might impact peak flow estimate% with the OSE when they are determining if the existing onsite sewage system is Safe,Adequate and Proper or how that could affect the design of a separate onsite sewage system. If 25 or more of the same persons will have access to drinking water from the existing private well for at least 60 days out of a year,you will need to consult with the Virginia Department of Health Office of Drinking Water Culpeper rield Office to determine if your proposed operation will need to be served by a public water well. They can be reached at(540)829-7340. If you have any questions or can provide additional details of the proposed operation, please do not hesitate to contact me at(540)722 3480. Respectfully, j hrn (��_ I nvironmental Health Manager RECEIVED JUL 19 2013 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal g 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; 172 Fire House LLC Telephone: 640-327-0747 Email Address: Name of development and/or description of the request: contractor/landscaping business-no landscape retall/contraator operations onsite 'customers may visit office to review contracts or designs and make payment Location of Property: 171 Old Firehouse Lane,Winchester,VA 22602 Fire Marshal's Comments: --- .� SSE o4eai Fire Marshal's Signature&Date: Notice to Fire Marshal-Please Return This Form to the Applicant 10 r Frederick County Fire and Rescue Department Office of the Fire Marshal 't IOU r cat cam= 1080 Coverstone Drive Winchester,VA 22602 i4 f Phone- 540-665-6350 Fax.540-678-4739 fmo@fcva us Plan Review Conditional Use Status: Approved with Conditions @mess Name 172 Fire House LLC 171 Old Firehouse Lane Winchester,Virginia 22602 Business Name: Printed Date, 08112/2023 172 Fire House LLC General Information Received Date: 07/19/2023 Occupancy Type: Review Begin Date* 08/12/2023 Property Use: Review End Date: 08/12/2023 Activity Number: 10710004 Hours: 1.0000 Review Cause: Application Activity Details= ii Project Name Landscaping Business Comments: 1.Any occupied structures for the purposes of the business shall have portable fire extinguishers as outlined in the Frederick County Fire Prevention Code. 2.Any storage of wood chips or other hogged materials(mulch)shall comply with the requirements of Chapter 28 of the Frederick County Fire Prevention Code. Adam Hounshell LieutenantlAssistant Fire Marshal Page 1 of 1 REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick COUnt9 Inspections 1 p ons Department + Mail to: Frederick County Inspections Hand deliver to: -- j Department Frederick County Inspections Department 107 North Kent Street,2"¢Floor Attn: Building Official Winchester,Virginia 22601 107 North Kent Street,2"d 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 revicu Als picase attach tuo (2)copieQ ot'y o :r application form, location map and all other pertinent insm� Applicant's Name: 172 Fire douse LLC Telephone: 540-327-0747 Email Address: 14EdEIVED Name of development and/or description of the request: contractor/iandscaping business-no landscape retail/contractor operations onsite "customers may visit office to review contracts or designs and make payment tips Location of Property: 171 Oki Firehouse Lane,Winchester,VA 22602 Building Official's Comments: Building Official's Signature&Date: Notice to Inspections Department-Please Return This Form to the Applicant t>. Conditional use permit comments 171 Old Firehouse Lane. Building will require a change of use from residential to B use group. Building may need to comply with the 2018 Existing Building Code. Other codes that apply are the 2018 Virginia Construction Code, ICC/ANSI Al 17.1-2009 Accessible and Usable Buildings and Facilities, International Fire Code 2018,Virginia Energy Code 2018, Virginia Mechanical Code 2018. and the Virginia Plumbing Code 2018. All required exits may need to meet ANSI Al 17.1-09. Exits shall terminate at a public way. A detailed fire exiting plan shall be provided with the building plans to identify the location and travel distance to the accessible exits. New exits may need to meet ANSI Al 17.1-09. An accessible route shall be provided to the facility and to the main entrance. Handicap parking shall comply with ANSI Al 17.1-09. Van accessible parking shall have a minimum of I V width with 5' unloading area or a minimum of 8' unloading area with an 8' width. Maximum 2% slope required for parking and unloading. Maximum threshold at door shall not exceed 1/2". Walkways shall not exceed 5%slope. Slopes exceeding 5%shall be designed as ramps. Accessible parking and unloading area shall have a striped area leading to entrance when traveling over vehicular. U:1Site plan commentsTUP CommentslCUP comments 171 Old Firehouse Ln.doc COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 May 20, 2024 Rob Sproul 21 S. Loudoun Street Winchester, VA 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments 172 Fire House LLC Conditional Use Permit(CUP)Application Property Identification Number(PIN): 52-A-2878 Magisterial District: Back Creek Dear Mr. Sproul: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced Conditional Use Permit (CUP) application during their meeting on May 17, 2024. This application proposes a landscaping contracting business with outdoor storage on a +/-5.00 acre property (Property Identification Number: 52-A-287B). The property is zoned RA (Rural Areas) and is located two miles west of the City of Winchester and south of Round Hill Road (Route 803). Following their review of this application, the HRAB recommended approval and that the applicants create a mixture of planting types when screening the property. Thank you for the opportunity to comment on this application. Please call if you have any questions or concerns. Sincerely, 160tNE Amy Feltner, Planner Planning & Development cc: Lucas Cook, HRAB Chairman Tyler Stine, P.O. Box 4296, Winchester, VA 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 22001137"9 - Tax 2001137"9 -Tag ID32-A-38 Property Address: 171 Old Fire House Lane, Winchester,VA 22602 Grantee's Address: 393 Saddleback Lane,Winchester,VA 22602 THIS DEED OF GIFT, pursuant to Section 58.1-811(D), made and dated this lst day of September, 2022, by and between BARBARA C. SINGHAS, party of the first part, hereinafter called the Grantor; and BARBARA C. SINGHAS and 172 FIRE HOUSE LLC, a Virginia limited liability company,parry of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollars ($1.00), the. Grantor does hereby quitclaim, release and convey unto the Grantees, as tenants in common, any and all right, title and interest she may possess in and to the following described real estate, to-wit: All of that certain tract or parcel of land, together with all rights,rights of way, privileges, improvements thereon and appurtenances thereunto belonging, lying and being situate in Back Creek Magisterial District, Frederick County,Virginia, containing 5.00 acres,more or less, as shown on the BOUNDARY LINE ADJUSTMENT OF TWO PARCELS prepared by Michael M. Artz, L.S., dated June 21, 2002, attached to that certain Deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 020011872, and by this reference made a part hereof as if set out in full; AND BEING the same property conveyed to Barbara C. Singhas by Deed dated March 10, 2009, from Richard S. Singhas and Barbara C. Singhas, said Deed of record in the aforesaid Clerk's Office as Instrument No. 100003603. Reference is here made to the aforesaid instruments and the references therein contained for a further and more particular description of the property hereby conveyed. 1 This conveyance is made subject to all legally enforceable restrictive covenants and easements, and conditions, if any, of record in the aforesaid Clerk's Office, pertaining to or affecting the real estate herein conveyed. WITNESS the following signature and seal: SEAL) BARBARA C. SING STATE OF VIRGINIA CITY OF WINCHESTER, to-wit: I, Monica Niece Mauck, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that BARBARA C. SINGHALS, whose name is signed to the foregoing Deed of Gift, bearing date of the Ist day of September, 2022, has this day personally appeared before- me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this I st day of September, 2022. Notary Public Notary Registration#184362 M MAllCKLICMy commission expires March 31, 2026. 194362CF VIRGINIAMY RES 03131f26 This Deed was prepared by George W_R Glass,Esquire Scully&Glass,20 South Kent Street,Winchester,Virginia 22601 without the benefit of a title examination. Virginia State Bar No.05491 INSTRUMENT 2220011372 RECORDED IN THE CLERK'S OFFICE OF 2 FREDERICK CIRCUIT COURT ON SE-PTEMBER 9, 20222 AT 02:44 PM REBECCA F'. HOfAN, CLERK RECORDED BY: HEM c� r-1 Q1 0l000l O N w N CD CO00 OD O N O M M O O M O O N O M M O O M O N d' Ln O O N dv Ln O 0 Nr-I N Ln W l0 l0 O N rq N W W lD 110 \i&Ln O t` Ln Ln Ln M \i?to O t` to to to 0i!}t— NM N N N H Oih[- NM N N N M\ cli H H Ol W r•1 r-I rt r-I Ol \CQ O H O M di W co d� W OD - 0 3 S 0 a) .t..) y.t vi- i?i?vi-V)- i? {.1 U} i?V)-i11•i? 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