PC 04-18-18 Meeting Agenda
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
April 18, 2018
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ................................................................ (no tab)
2) Committee Reports .................................................................................................. (no tab)
3) Citizen Comments .................................................................................................... (no tab)
PUBLIC HEARING
4) Conditional Use Permit #04-18 for West Oak Farm Market, LLC., submitted for
establishment of a special event facility and restaurant in the RA (Rural Areas) Zoning
District. The property is located at 229 West Oaks Lane, Winchester, Virginia and are
identified with Property Identification Number 74-A-3 in the Back Creek Magisterial
District.
Mr. Klein .......................................................................................................................... (A)
Other
Adjourn
Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as
a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments;
and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning
Commission will take action on the item (see below).
Action Item–There are both public hearing and non-public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during
the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the Information/Discussion
Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan
in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many
locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional
land uses in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the
future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the
policy-making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one
at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
CONDITIONAL USE PERMIT #04-18
West Oaks Farm Market, LLC. - Special Event Facility &
Restaurant
Staff Report for the Planning Commission
Prepared: April 6, 2018
Staff Contact: M. Tyler Klein, AICP, 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: 04/18/18 Pending
Board of Supervisors: 05/09/18 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for a special event facility and restaurant in
the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for
a special event facility and restaurant to be appropriate, staff recommends that the following
conditions be attached to the CUP:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick
County prior to the establishment of the use.
3. Building permits shall be acquired prior to establishment of the deli-style counter service
restaurant use.
4. Special events shall start no earlier than 8 a.m. and all events and related activities shall
conclude by midnight.
5. Special events may accommodate up to and not to exceed 275 persons.
6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
7. Any expansion or modification of this use will require the approval of a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
Page 2
CUP #04-18, West Oaks Farm Market Vine – Special Event Facility & Restaurant
April 6, 2018
LOCATION: The subject property is generally located south on Valley Avenue (Route 11) off
Middle Road (Route 628) immediately south of Orchard View Elementary School at 299 West
Oaks Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 74-A-3
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Agricultural (Orchard/Farm)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural/Residential
South: RA (Rural Areas) Use: Open Space/Agricultural
East: RA (Rural Areas) Use: Public School/Open Space/Agricultural
West: RA (Rural Areas) Use: Open Space
PROPOSED USE:
This is a request for a Conditional Use Permit (CUP) to enable the establishment of a 3,456-
square foot special event center (banquet room) for weddings, business meetings, birthday
parties, showers, reunions and other similar type events as part of the West Oaks Farm Market
complex. The applicant also proposes a separate deli-style restaurant (counter service) as part of
their farm market operations.
REVIEW EVALUATIONS:
Virginia Department of Transportation: We have reviewed the above subject application
received February 26, 2018 for impacts to the transportation system. Our comments are as
follows:
• The existing Private Entrances proposed to provide access to the Farm Market/Event
Facility need to be upgraded to meet VDOT’s minimum Commercial Entrance Standards.
An engineered Commercial Entrance Site Plan would need to be submitted to VDOT for
review and approval detailing necessary upgrades. Attached is VDOT’s Commercial
Entrance Site Plan Checklist to be completed with site plan submittal.
• A VDOT Land Use Permit shall be obtained prior to any work on upgrading the entrance
on VDOT Right-of-Way. The permit is issued by this office and will require an
application fee and surety coverage.
See original comment email dated March 8, 2018.
Page 3
CUP #04-18, West Oaks Farm Market Vine – Special Event Facility & Restaurant
April 6, 2018
Frederick County Inspections: Farm buildings and structures, except for a building or portion
of a building located on a farm that is operated as a restaurant as defined in Section 35.1-1 of the
Code of Virginia and licensed as such by the Virginia Board of Health pursuant to Chapter 2
(Section 35.1-11 et. Seq.) of Title 35.1 of the Code of Virginia require permits and inspection.
Area of the building operated as a restaurant shall comply with The Virginia Uniform Statewide
Building Code and Section 303, use Group A-Assembly (or Business, Section 304, if less than
50 people) of the Virginia Building Code/2012. Other codes that apply are ICC/ ANSI A117.1-
2009 Accessible and Usable Buildings and Facilities and International Energy Code.
A building permit is required, as well as a plumbing permit, mechanical permits, and electrical
permit for the restaurant area. The hood shall be installed over cooking appliances that produce
grease or smoke. Grease interceptor and/or separator shall be provided to prevent to the
discharge of oil, grease, sand and other substances into the sewage system.
Public restrooms shall be provided and shall meet ANSI A117.1-09. The accessible restrooms
shall be located on an accessible level. Handicap parking shall comply with ANSI A117.1-09.
A minimum of one van accessible space is required. Van accessible parking shall have a
minimum of 11’ width with 5’ unloading area or a minimum of 8’ unloading area with an 8’
width per Section 502 ANSI. Maximum 2% slope required for parking and unloading.
Accessible parking and unloading to main entrance is required. 60% of all entrances shall be
accessible and all required exists shall be accessible. Accessible parking signage for van shall
included $500 fine. See USBC Section 1106.8
See original comment letter dated March 19, 2018.
Winchester-Frederick County Health Department: This office has received an Application
for a Department of Health Food Establishment Permit for West Oak Farm Market, LLC, to be
located at 4305 Middle Road, Winchester, Virginia. This letter is to inform you of the
requirements necessary for Approval of said plans.
Please note the following regarding the physical establishment for the Plan Review of your
Application and site visit conducted on March 13, 2018:
1. Existing Onsite Sewage Disposal System must be evaluated by a professional
Engineer/Private Soil Evaluator to determine its adequacy to service the proposed
Farmer’s Market/Event Center.
2. Contact VDH Office of Drinking Water (540-463-7136) regarding an approved water
supply source.
3. Need Frederick County Building Department approval for the proposed food service
Page 4
CUP #04-18, West Oaks Farm Market Vine – Special Event Facility & Restaurant
April 6, 2018
facility (Note: This office must receive a copy of the Certificate of Occupancy that states
the Occupancy Load facility).
4. Need to setup meeting between VDH &VDACS to discuss the setup of the multi-
jurisdictional facility.
5. Submit proposed menu.
The following requirements are related to the operation of the facility:
1. No smoking sign to be posted in the food establishment.
2. A pest control program must be in place.
3. Trash dumpster and grease vessel (is applicable) must be in place.
4. An employee health policy, verbal or written, must be established. For more information,
see the Commonwealth of Virginia Board of Health Food Regulations, 12 VAC 5-421-
80.
5. The hot water requirement at all hand sinks is 100°F and is 110°F at the 3-compartment
sink.
6. ANSI approved Certified Food Manager will be required by July 1,2018
At the time of pre-opening inspection, this office will verify that the above-mentioned items have
been addressed. Please keep in mind that the above list is not all-inclusive. The facility falls
under the Commonwealth of Virginia, State Board of Health, Food Regulations, which can be
found at the following website:
http://www.vdh.virginia.gov/EnvironmentalHealth/Food/Regulations/index.htm.
See original comment letter dated March 23, 2018.
Frederick County Fire Marshall: Approve.
CUP approved provided that a site plan be submitted, and the structure is built to the life safety
requirements of the Frederick County Fire Prevention Code unless you have an agricultural
exemption from the Frederick County Building Official.
See original comment letter dated February 23,2018.
Historic Resources Advisory Board: Approve.
See comment letter dated March 28, 2018.
Page 5
CUP #04-18, West Oaks Farm Market Vine – Special Event Facility & Restaurant
April 6, 2018
Planning and Zoning: This application for a Conditional Use Permit (CUP) for the
establishment of a special event facility for private events such as weddings or other similar type
events and a separate restaurant (deli-style counter service use) accessory to a by-right farmers
market. A special event facility and/or restaurant is a permitted use in the RA (Rural Areas)
Zoning District with an approved CUP. The Zoning Ordinance defines “special event facility” as
a facility or site utilized for events that are typically conducted on a single day but which may be
conducted for up to three consecutive days, for which attendance is permitted only by invitation
or reservation; special events include, but are not limited to, meetings, conferences, banquets,
dinners, weddings and private parties.
West Oaks Farm is a working farm with orchards. An approximately 10,500 SF building is under
construction for use as a farm market (anticipated opening late-spring 2018; see photos below).
The applicant, proposes having a separate space (totaling approximately 3,456-square feet) for
private special events (including weddings, business meetings, birthday parties, showers, family
reunions, etc.) as well as for events hosted by the farm market. The special event facility will
include a catering kitchen for hired (outside) catering services to use during events to warm and
cool food.
This application also includes a proposal for a small counter-service restaurant within the farm
market portion of the building which would serve deli-style food to farm market customers. The
restaurant space will have a full commercial kitchen to accommodate a counter-service style
restaurant serving a limited menu of food. The applicant is also in the process of securing a
license for on-site wine and beer sales.
The proposed building (which includes the farm market, restaurant, and special event space) will
have permanent bathroom facilities served by a septic/drainfield. The site will also have a
commercial entrance for vehicles from Route 11, and designate gravel parking area will also be
provided.
The propert y is surrounded by RA (Rural Areas) zoned property, which includes open space,
agricultural uses, and single-family detached residences. The 2035 Comprehensive Policy Plan
of Frederick County (Comprehensive Plan) identifies this area of the County as “rural” and is to
Page 6
CUP #04-18, West Oaks Farm Market Vine – Special Event Facility & Restaurant
April 6, 2018
remain agricultural in nature and is not part of any land use study. The Board of Supervisors
added “special event facilities” to the conditional use list for the County’s Rural Areas Zoning
District in May 2017 to support additional opportunities for agribusiness and agritourism. The
proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive
Plan and the surrounding properties.
STAFF CONCLUSIONS FOR THE 04/04/18 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for a special event facility and restaurant in
the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for
a special event facility and restaurant to be appropriate, staff recommends that the following
conditions be attached to the CUP:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick
County prior to the establishment of the use.
3. Building permits shall be acquired prior to establishment of the deli-style counter service
restaurant use.
4. Special events shall start no earlier than 8 a.m. and all events and related activities shall
conclude by midnight.
5. Special events may accommodate up to and not to exceed 275 persons.
6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
7. Any expansion or modification of this use will require the approval of a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
BERRY HILLSubdivision
CARROLLTONESTATESSubdivision
SPRINGDALEGLENSubdivision
THE ORCHARDSubdivision
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834SHADYELM RD
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309GERMANY RD
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1686SPRINGDALE RD
1640SPRINGDALE RD
1662SPRINGDALE RD
1783SPRINGDALE RD
1786SPRINGDALE RD
1744SPRINGDALE RD
1690SPRINGDALE RD221GERMANY RD
203GERMANY RD
161GERMANY RD
4685MIDDLE RD
4701MIDDLE RD
4661MIDDLE RD
141GERMANY RD
110BARLEY LN
4771MIDDLE RD
4743MIDDLE RD 4687MIDDLE RD
4750MIDDLE RD
452BARLEY LN
4719MIDDLE RD
4253MIDDLE RD
4708MIDDLE RD
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4668MIDDLE RD 4275MIDDLE RD
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4468MIDDLE RD 4063MIDDLE RD
344RUBINETTEWAY
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321RUBINETTEWAY 179RUBINETTE WAY 119CHEIFTON PL
265RUBINETTEWAY 131CHEIFTON PL 116CHEIFTON PL
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B1 (Neighborhood Business District)
B2 (General Business District)
B3 (Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Light Industrial District)
M2 (Industrial General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Areas District)
RP (Residential Performance District)
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 30, 2018Staff: tklein
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CUP # 04 - 18West Oaks Farm Market, LLCPIN:74 - A - 3Special Event FacilityZoning Map
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CUP # 04 - 18West OaksFarm Market, LLCPIN:74 - A - 3Special Event FacilityZoning Map
CUP #04-18
BERRY HILLSubdivision
CARROLLTONESTATESSubdivision
SPRINGDALEGLENSubdivision
THE ORCHARDSubdivision
ST628
ST649
ST649
ST628
74 A 3
950CARTERS LN
634SPRINGDALE RD
4255MIDDLE RD
1711SPRINGDALE RD
834SHADYELM RD
4555MIDDLE RD
1755SPRINGDALE RD309GERMANY RD
1686SPRINGDALE RD
1662SPRINGDALE RD1640SPRINGDALE RD
1783SPRINGDALE RD
1786SPRINGDALE RD
1744SPRINGDALE RD
1690SPRINGDALE RD221GERMANY RD
203GERMANY RD
161GERMANY RD
4685MIDDLE RD
4701MIDDLE RD
4661MIDDLE RD
141GERMANY RD
110BARLEY LN 4743MIDDLE RD
4771MIDDLE RD
4687MIDDLE RD
452BARLEY LN
4750MIDDLE RD 4719MIDDLE RD
4253MIDDLE RD
4708MIDDLE RD
4706MIDDLE RD
4639MIDDLE RD
4668MIDDLE RD 4275MIDDLE RD
4101MIDDLE RD
395LICKSKILLET LN
395LICKSKILLET LN
4670MIDDLE RD
4634MIDDLE RD
4556MIDDLE RD
140LICKSKILLET LN
4338MIDDLE RD
4536MIDDLE RD
4468MIDDLE RD 4063MIDDLE RD
344RUBINETTEWAY
121RUBINETTEWAY
210RUBINETTEWAY
278RUBINETTEWAY
321RUBINETTEWAY 179RUBINETTE WAY 119CHEIFTON PL
265RUBINETTEWAY 131CHEIFTON PL 116CHEIFTON PL
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 30, 2018Staff: tklein
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CUP # 04 - 18West Oaks Farm Market, LLCPIN:74 - A - 3Special Event FacilityLocation Map
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CUP # 04 - 18West OaksFarm Market, LLCPIN:74 - A - 3Special Event FacilityLocation Map
CUP #04-18