HomeMy WebLinkAbout079-26 (RevokingCUP172FirehouseLaneLLC(BarbaraSinghas)) ORDINANCE
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Action:
PLANNING COMMISSION: March 18,2026 Recommended Revocation
BOARD OF SUPERVISORS: April 8,2026 Adopted
REVOKING CONDITIONAL USE PERMIT#03-24
172 FIREHOUSE LANE LLC
(BARBARA SINGHAS)
WHEREAS,REVOCATION OF CONDITIONAL USE PERMIT#03-24 for 172 Fire House LLC and
Barbara Singhas (A Cut Above) was considered due to the violation of condition#4 from Conditional Use
Permit #03-24, which pertains to receiving approval of a minor site plan prior to establishing the use. The
property is located at 171 Old Firehouse Lane, Winchester, and is 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 conditional use permit
on March 18,2026,and recommended revocation; and
WHEREAS,the Frederick County Board of Supervisors held a public hearing on April 8, 2026; and
WHEREAS,the Frederick County Board of Supervisors finds the revocation 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 172 Firehouse Lane
LLC and Barbara Singhas (A Cut Above) for a landscape contracting business on the parcel identified with
Property Identification Number52-A-28 7B is revoked.
This ordinance shall be in effect on the date of adoption.
Passed this 81,day of April 2026 by the following recorded vote:
John F. Jewell Aye Michael D. Guevremont No
Albert L. Orndorff Aye Robert T. Liero Aye
Jason C. Aikens No Gary R. Oates Aye
Robert W.Wells Aye
A COPY ATTEST
00-M"
Michael L.Bollhoefer
Frederick County Ad ` istrator
No. 079-26
Revocation of CONDITIONAL USE PERMIT#03-24
172 Fire House LLC and Barbara Singhas
Landscape Contracting Business
Staff Report for the Board of Supervisors
Prepared: March 23,2026
Staff Contact: Mark Cheran, Zoning Administrator
Executive Summary:
Meeting Schedule
Planning Commission: March 18, 20256 Action: Revocation
Board of Supervisors: April 8, 2026 Action: Pending
Property Information
Property Identification Number PIN 52-A-287B
Address 171 Old Firehouse Lane
Magisterial District Back Creek
Acreage 5.0 +/- acres
Zoning & Present Land Use Zoning: RA(Rural Areas) District
Land Use: Landscaping Contracting Business
Adjoining Property Zoning & Present Land Use
North: RA Rural Areas District Land Use: Residential
South: RA Rural Areas District Land Use: Residential
East: RA Rural Areas District Land Use: Agri cultural/Resi denti al
West: RA Rural Areas District Land Use: Residential
Revocation of Conditional Use Permit#03-24 (CUP#03-24) of the Frederick County
Zoning Ordinance
The property is in violation of the conditions of CUP 903-24 approved by Frederick County on
August 18, 2024.
Review A2ency Comments:
Review Agency Comment Date Comment Summary
Virginia Department of N/A
Transportation VDOT
Frederick-Winchester N/A
Health Department
Page 2 of 3
Frederick County (FC) N/A
Public Works
FC Inspections N/A
FC Fire Marshal N/A
Winchester Regional N/A
Airport
Frederick Water N/A
City of Winchester N/A
Historic Resources N/A
Advisory Board HRAB
Planning & Zoning: This property was cited on June 9, 2023, for operation of a landscape
contracting business (A Cut Above Landscaping) without an approved Conditional Use Permit
(CUP). The owner of the property applied for a CUP for a landscape contracting business on June
13,2024. The Board of Supervisors approved CUP 903-24 on August 14,2024,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 the
exception 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 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.
5. Any expansion or change of use shall require a new Condition Use Permit.
Violation of Condition: The business has been operating for two (2) years in violation of
Condition 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. A minor site
plan has not been approved by Frederick County for this use.
The owner applied for and submitted a minor site plan on July 21, 2025, for staff to review. Staff
reviewed the site plan on July 29, 2025, and could not grant approval of the plan.At that time the
owner needed to address issues with the plan that staff identified as well as satisfy commenting
agencies concerns. The minor site plan was resubmitted March 19, 2026, for re-review. There are
outstanding comments that will need to be addressed prior to plan approval. The applicant is
awaiting comments on the resubmission from commenting agencies; Planning Department
comments will be issued this week.
Page 3 of 3
165-103.08 Revocation:
The Board of Supervisors may, by resolution, initiate the revocation of any active conditional use
permit. The consideration of the revocation shall proceed following the procedure set forth for
approving a new conditional use permit.Following recommendation by the Planning Commission,
the Board may revoke an active conditional use permit for the following reasons:
A. Failure to establish or discontinuance of the approved conditional use. If the approved
conditional use has not been established within two years of approval or if it has been
discontinued for two years,the conditional use permit may be revoked.
B. Repeated or continuing violations of this chapter, including violations of the conditions
placed on the permit.
C. Fraudulent, false or misleading information supplied by the applicant for the conditional
use permit.
Recommendation: The property is in violation of approved CUP#03-24., Condition 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.
The business has been operating without an approved site plan since 2024, in violation of the
above-referenced condition. Staff is seeking action on this revocation of CUP 403-24.
Planning Commission Summary and Action From 03/18/26 Meeting: The Planning
Commission held a public hearing at their regular meeting on March 18, 2026, regarding the CUP
903-24 and recommended that the CUP#03-24 to be revoked.
Following a public hearing, staff is seeking a decision from the Board of.S'upervisors on this
CUP application.
CUP # 03 - 24: 172 Fire House LLC and Barbara Singhas
PIN: 52 - A - 287B
Revocation of CUP
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Revocation of CUP
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Submittal Deadline ,f
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 Winchester,VA 22604
AND EMAIL ADDRESS:
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_6- _ _acres. (Please be exact)
5. The property is owned by 172 Fire House LLC&Sarbara C.Singhas as
evidenced by deed from Rlchard Singhas (previous owner) recorded in
deed book no. 100003603 on page Q257 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 eguon�3
Current Zoning Round Hr7i
5
7. Adjoining Property:
USE ZONING
North Fox Meadow Farms RA
Fast Farmland AG -- --
South Housing RA -
West Farmland qG
8. The type of use proposed is(consult with the Planniue Debt before comaletins):
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 fro"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 nple 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 1218 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
[NIRky Hummer 759 Round Hill Rd
2 A-285 Winchester, VA 22602
lameJanet 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
aNamejohnnie Brewer 729 Round Hill Rd
52-A-281 'I
Winchester, VA 22602 �
Name and Property Watilleation Number Address
NameWilliam Moreland 1800 Sol Shanhollz Rd
Property#52-A-283 Augusta, WV 26704
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
Name
Property#
[Name,opety#
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 recor s' the application,
Signature of Applicant
Signature of Owner(s)
Owners'Mailing Address '
P O. Box 4296, Winchester, VA 22604
__
Owners'Telephone No. 5404-.
TO BE COMPLETED 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 - 1 LC
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 d.
P.O.Box 4296,Winchester,Virginia
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 or-modify it.
Signature
Title(if signingpri-f,ehalf of an entity)_orULZILAlr, `PIG I I?
Mate of_ �. �_r Q i County/City of yxl 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 ,2Q
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 0113112025
STEPHEN L.PETTLER,JR.
7 MFMBER
HARRISON lARRI SO�j ROBERT J.SPROUL
&JOHNSTON COUNSEL
21 S.Loudoun Street
Winchester,VA 22601
(540)667-1266
(540)667-1312 fix
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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 12roposed 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 adverselyr 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 drainagg 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
& COUNSEL.
JOHNSTON
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 226.0.4
Business# - 540-327-Q 7
July 14,2023
To Whom It May Concern,
172 Fire House,LLC is seeking a conditional use permit for the ro 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 6:00pm (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,o0o
make payments. Customers will only be permitted to visit the property during the hours of 8:00am to
5:00pm. 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
Ni
Proposed Parking&
Overflow Lot .......,__
Proposed.-T'arc
Giant Screen/Green
Mesh Net
s' •igf
_._ .ice F•
t{Proposed Hardscape
'Material Area
b
Proposed
Holding
Area
Plant
M
Kure Building 40x60
Proposed Bull(Material Storage
Area
i
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 or designs 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 turn 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
XVDLYT
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
&JOHNSTON
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 9Y�, �� � 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
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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
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__ Lord Fairfax Health District
T f� � Frederick/Winchester Environmental Health VIDHOF
VIRGINIA
F.�IR�AX lf)7 North Kent street -Suite 0 2t►I DEPARTMENT
1 Winchester. Virginia 22601 HEALTH
HEALTH DISTRICT `rel.(540)72�-3480 - har (540) 722-347`) ProfecOng You and Yourfnvironmeni
Svww.vdh.viryini I
July 20, 2023
172 fire House LLC
171 Old Firehouse Ln.
Winchester,VA 22602
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. the 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 infonnation
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=
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 too (2)copieQ ot'y o :r application form, location map and
all other pertinent insm�
Applicant's Name: 172 Fire douse LLc Telephone: 640-327-0747
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 2019.
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'/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-287B
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 -
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. 194352CF 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'. HOGAN, CLERK
RECORDED BY: HEM
FREDERICK COUNTY Date 4/30/2024
C. WILLIAM ORNDOFF, JR Register: WEB/$$
P.O. BOX 225 Trans. #: 97512
Dept # RE202401
WINCHESTER VA 22604'-0225 . ACCT# 8013765
2024 REAL ESTATE Previous
5.00 ACRES 52 .. A 287B' Balance $ 1256.39
Acres: 5.00
Principal.;Being Paid $ .1256.39
Land: 88500 Imps 40,420,0 Penalty $ .00
Interest $ .00
SINGHAS BARBARA C Amount Paid $ 1256.39
172 FIRE HOUSE LLC *BalancelDue
393 SADDLEBACK LN' a5 of 4/30'/2024 $ 00
WINCHESTER VA 22602 :
T A X R E C E I P T - Y E A R 2 0 2 4 - 2nd H A Ticket #:00392130002 @@
H
FREDERICK COUNTY Date 4/30/2024
C. WILLIAM ORNDOFF, JR Register: WEB/$$
P.O. BOX 225 Trans. #: 97512
Dept # RE202402
WINCHESTER VA 226047.0225 ACCT# 8013765
2024 REAL ESTATE Previous
5.00 ACRES 52 A 287B Balance $ 1256.38
Acres: 5-00
Principal Being'Paid $ 1256.38
Land: 88500 Imp: 404200 Penalty $ .00
Interest $ .00
SINGHAS BARBARA C AinduntrPaid $ 1256.38
172 FIRE HOUSE LLC *Balance:Due
393 SADDLEBACK LN": as of.: 4/30/2024 $ .00
WINCHESTER VA 22602 .
ORDINANCE
Action:
PLANNING COMMISSION: July 3, 2024 Recommended Approval
BOARD OF SUPERVISORS: Au ust 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
Conditional Use Permit 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-287B) 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
PDRes.#40-24
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
f
Michael L. Bollhoe
Frederick Count At
Res.No. 15-24