PC 05-02-18 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
May 2, 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 is identified
with Property Identification Number 74-A-3 in the Back Creek Magisterial District.
Mr. Klein .............................................................................................................................. (A)
5) Conditional Use Permit #05-18 for Waveland Farm, LLC., submitted for establishment of
a special event facility in the RA (Rural Areas) Zoning District. The Property is located at
1211 Marlboro Road, Stephens City, Virginia and are identified with Property Identification
Numbers 73-14-1-6, 73-A-103 and 73-A-103A in the Back Creek Magisterial District.
Mr. Klein .............................................................................................................................. (B)
Information/Discussion
6) CPPA #01-18 St. Paul on the Hill - Land Use Designation Amendment Request. This is
a request to change the land use designation for one parcel of land that totals 4.971 acres. The
Property is identified by Property Identification Number 54-A-128 and is located at 1527
Senseny Road in the Red Bud Magisterial District. The Property is located within the Sewer
and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is
currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035
Comprehensive Plan for institutional land use with environmental resources. The Applicant
is requesting to change the current Institutional designation to Urban Cen ter.
Ms. Perkins ........................................................................................................................... (C)
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 19, 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: 05/02/18 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 – Special Event Facility & Restaurant
April 19, 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 – Special Event Facility & Restaurant
April 19, 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
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CUP #04-18, West Oaks Farm Market – Special Event Facility & Restaurant
April 19, 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 – Special Event Facility & Restaurant
April 19, 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 property 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 – Special Event Facility & Restaurant
April 19, 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 05/02/18 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
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1690SPRINGDALE RD221GERMANY RD
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110BARLEY LN
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4743MIDDLE RD 4687MIDDLE RD
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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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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
B
CONDITIONAL USE PERMIT #05-18
Waveland Farm, LLC - Special Event Facility
Staff Report for the Planning Commission
Prepared: April 19, 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: 05/02/18 Pending
Board of Supervisors: 05/23/18 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural
Areas) Zoning District. Should the Planning Commission find this application for a special event
facility 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
Frederick County Zoning Ordinance, shall be submitted to and approved by Frederick
County prior to the establishment of the use.
3. The existing private driveway shall be gated off, not open to special event traffic, and
may not be used for temporary or overflow parking. All special event related traffic shall
access the site via the private ingress/egress easement from Nittany South Way and
Abigail Way.
4. Events shall start no earlier than 10 a.m. and all events and related activities shall
conclude by midnight.
5. Special events may accommodate up to and not to exceed 180 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 #05-18, Waveland Farm, LLC – Special Event Facility
April 19, 2018
LOCATION: The subject property is generally located about a mile west of the Town of
Stephens City, about 1.5 miles east of Middle Road (Route 628) and generally south of Marlboro
Road (Route 631).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 73-14-1-6, 73-A-103 and 73-A-103A
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Agricultural/Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Undeveloped Residential
South: RA (Rural Areas) Use: Agricultural
East: RA (Rural Areas) Use: Agricultural
West: RA (Rural Areas) Use: Residential
PROPOSED USE:
This is a request for a Conditional Use Permit (CUP) to enable the establishment of special event
facility for weddings, business meetings, birthday parties, showers, reunions and other similar
type events.
REVIEW EVALUATIONS:
Virginia Department of Transportation: We have reviewed the revised Waveland Farm CUP
application attached and have no objections to the proposed Conditional Use Permit. We
appreciate the County’s efforts to included VDOT in the early planning stages for development
and the opportunity to provide comments on this Conditional Use Permit application.
See original comment email dated March 19, 2018.
Frederick County Inspections: 2012 Virginia Construction Code (Part 1 of the Virginia
Uniform Statewide Building Code) states:
Section 102 Purpose and Scope
Section 102.3 Exemptions. The following are exempt from this code:
Farm building 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
Page 3
CUP #05-18, Waveland Farm, LLC – Special Event Facility
April 19, 2018
35.1 of the Code of Virginia. However, farm buildings and structures lying within a floodplain
or in a mudslide-prone area shall be subject to flood-proofing regulation or mudslide regulations,
as applicable.
Chapter 2 Definitions
FARM BULDING OR STRUCTURE. A building or structure not used for residential purposes,
located on property where farming operations take place, and used primarily for any of the
following uses or combination thereof:
1. Storage, handling production, display sampling or sale of agricultural, horticultural,
floricultural or silvicultural products produced in the farm.
2. Sheltering, raising, handling, processing or sale of agricultural animals or agricultural
animal products.
3. Business or office uses relating to the farm operations.
4. Use of farm machinery or equipment or maintenance or storage of vehicles, machinery or
equipment on the farm.
5. Storage or use of supplies and materials used on the farm.
6. Implementation of best management practices associated with farm operations.
See original comment letter dated December 14, 2017.
Winchester-Frederick County Health Department: This Health Department has reviewed the
request for comments for a Conditional Use Permit to operate a proposed Venue for Weddings,
to be located at 1215 Marlboro Rd., Stephens City, VA 22655; Tax Map #73 -A-103. Based upon
information provided by the applicant, a maximum of 180 person will attend the proposed venue,
which will commence at 10:00 a.m. and end at 11:00 p.m. This Health Department has no
objections to the issuance of Conditional Use Permit to operate the proposed venue.
See original comment letter dated March 15, 2018.
Frederick Water: The Conditional Use Permit application for Waveland Farm is not located
within the Sewer and Water Service Area and will not be utilizing Frederick Water’s services.
Therefore, Frederick Water offer no comments.
See original comment e-mail dated December 22, 2017.
Frederick County Fire Marshall: Approve.
See original comment letter dated December 27, 2017.
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CUP #05-18, Waveland Farm, LLC – Special Event Facility
April 19, 2018
Historic Resources Advisory Board: Approve.
See comment letter dated January 22, 2018.
Planning and Zoning: This application for a Conditional Use Permit (CUP) to permit the
establishment of a special event facility for private events such as weddings or other similar type
events. A special event facility 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.
The approximately 24-acre property includes a single-family detached residence, and three (3)
farm buildings. The property is a working farm. The residence and two (2) other farm buildings
are not part of the special event facility. The Applicant intends to use their existing historic barn
(Agriculturally Exempt by the Building Official) for holding special events, accommodating up
to 100 people with tables and chairs. The included illustrative sketch plan also notes a designated
outdoor area in front of the existing barn for special event related activities (i.e. receptions or
gatherings). This space may accommodate temporary (rental) tents for larger events up to 180
persons. The sketch plan also depicts installation of a gravel parking area (up to 160 parking
spaces) for use as event parking (and/or use of valet parking). Portable restrooms will be allowed
for special events and will be screened from view by the farm buildings and terrain on the site.
The Applicant will only allow outside catering, and no food will be prepared on site. Events will
be held April through October, anticipating at least three (3) weekends per month with only one
(1) event per weekend. The maximum number of attendees permitted will be 180 persons. Staff
notes, the Applicant received a temporary Festival Permit from the Board of Supervisors on
March 28, 2018 to allow the property to host one (1) special event.
Site access is provided by a private driveway and a separate private ingress/egress easement. The
Applicant states on the sketch plan that the private driveway will be gated off and will not be
used for event traffic. All event related trips will access the property from Marlboro Road (Route
631) via Nittany South Way (a 50-foot wide right-of-way) to Abigail Way (a 50-foot wide right-
of-way); Nittany South Way and Abigail Way are private streets which serve presently
undeveloped residential lots. Staff notes the ingress/egress easement is a private arrangement
between the Applicant (Waveland Farm, LLC) and the owner/developer (Mr. Dudley Rinker) for
the rural residential lots.
The property is surrounded by other RA (Rural Areas) zoned property, which includes open
space, agricultural uses, undeveloped residential lots, and an adjacent single-family detached
residence, owned by another family member of Waveland Farm, LLC. The 2035 Comprehensive
Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as
Page 5
CUP #05-18, Waveland Farm, LLC – Special Event Facility
April 19, 2018
“rural” and is to 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 05/02/18 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural
Areas) Zoning District. Should the Planning Commission find this application for a special event
facility 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. The existing private driveway shall be gated off, not open to special event traffic, and
may not be used for temporary or overflow parking. All special event related traffic shall
access the site via the private ingress/egress easement from Nittany South Way and
Abigail Way.
4. Events shall start no earlier than 10 a.m. and all events and related activities shall
conclude by midnight.
5. Special events may accommodate up to and not to exceed 180 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.
PAINTER HILLSubdivision
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CUP # 05 - 18Waveland Farm, LLCPINs:73 - A - 103, 73 - A - 103A, 73 - 14 - 1 - 6Special Event FacilityZoning Map
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CUP # 05 - 18Waveland Farm, LLCPINs:73 - A - 103, 73 - A - 103A, 73 - 14 - 1 - 6Special Event FacilityZoning Map
CUP #05-18
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PAINTER HILLSubdivision
APPLE BANKSSOUTHSubdivision
APPLEBANKS NORTHSubdivision ST631
ST631
73 A 103
73 A 103A
73 14 1 6
365CARSON LN
846STRODEMCLEOD LN
1213MARLBORO RD
969MARLBORO RD
1381MARLBORO RD
191INEZ LN
116CORA LN
229INEZ LN
124CORAL LN
239INEZ LN
1009GERMANY RD
242INEZ LN
210INEZ LN
160INEZ LN 159INEZ LN
1326MARLBORO RD 141INEZ LN
1344MARLBORO RD
1156MARLBORO RD
1156MARLBORO RD 1173MARLBORO RD
1158MARLBORO RD 142INEZ LN 123INEZ LN
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CUP # 05 - 18Waveland Farm, LLCPINs:73 - A - 103, 73 - A - 103A, 73 - 14 - 1 - 6Special Event FacilityLocation Map
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CUP # 05 - 18Waveland Farm, LLCPINs:73 - A - 103, 73 - A - 103A, 73 - 14 - 1 - 6Special Event FacilityLocation Map
CUP #05-18
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CUP #05-18
WAVELAND FARM, L.L.C.
1211 Marlboro Road, Stephens City, VA 22655
Conditional Use Permit Ingress and Egress Overview
To ensure a safe and adequate entrance to Waveland Farm, we requested VDOT and
our district board of supervisor representative to come to our property and provide us
suggestions on how to address our entrance issue. At that time the only access onto
Marlboro Rd. was our driveway which is on the side of a hill.
Both Mr. Lofton and VDOT suggested that we obtain access to Abigal Way, which is a
cul-de-sac of an adjoining property owned by Dudley Rinker which has been developed
into residential building lots. This road was paved per VDOT requirements and bonded
to Frederick County. At this time there are no homes built in this S.D. and only one lot
has been sold which was in 2007.
In consideration to obtain access to this road, Waveland Farm purchased Lot 6, in the
subdivision, and Mr. Rinker agreed to allow us to extend access to the cul-de-sac and
attach our drive way to the road. We had VDOT come out again and inspect the
driveway entrance we had prepared by Carroll Construction and the driveway entrance
was approved. The ingress and egress is unrestrictive and allows access onto Abigal
way for 3 homes. A rental home owned by Mr. John Solenburger’s rental company, the
Federal home owned by Waveland Farm and the residence owned by the LLC member,
Roger and Cyndie Layman. This agreement is part of the Deed of Dedication and is
Recorded. The current driveway access will be gated and blocked during all events to
ensure no one uses this entrance, signage will be provided during an event to direct all
traffic from Marlboro Road and this has also been approved by VDOT.
Within the ingress and egress agreement, Roger and Cyndie Layman agree to provide
snow removal for Abigail Way and Nittany South Way to Marlboro Road until VDOT
takes over maintenance responsibilities.
Mr. Rinker is responsible under his bond to maintain the road per VDOT requirements.
C
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Candice E. Perkins, AICP, CZA, Assistant Director
RE: Discussion – St. Paul on the Hill Comprehensive Plan Amendment
DATE: April 17, 2018
This is a draft amendment to the Senseny/Eastern Frederick Urban Area Plan of the 2035
Comprehensive Plan. This request is presented to the Planning Commission as a discussion
item; Staff is seeking a recommendation from the Planning Commission to the Board of
Supervisors.
Proposal
The subject property contains 4.971 acres and has an address of 1527 Senseny Road and is
identified with Property Identification Number 54-A-128. The property is located within the
Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA).
The property is designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035
Comprehensive Plan for institutional land use with environmental resources. The institutional
land use is reflective of the existing church located on the property. Land uses surrounding the
subject property include institutional, residential and The Greenwood Urban Center. The
Applicant is requesting to change the future land use from institutional to Urban Center.
The Greenwood Urban Center area is tailored to be the future focal point of the Senseny Road
and Greenwood area. The core area of this urban center is focused around the intersection of
Senseny Road and Greenwood Road. The residential densities in the core of this area are
envisioned to be in the 12-16 units per acre range, tapering off to 6 units per acre on its
perimeter.
It should be noted that the subject property is currently zoned RP (Residential Performance)
District. The current by-right density for this property if developed with townhouses or garden
apartments would be 10 units per acre. As stated in the application, the Owner is seeking to
construct a 70-unit age restricted low-income apartment building. This proposed development
would equate to 14 units per acre. The Applicant is seeking to change the land use designation
CPPA – St. Paul on the Hill
April 17, 2018
Page 2
to urban center as this designation would allow for up to 20 units per acre by-right. Staff would
note that if the land use designation is changed from institutional to urban center, it would double
the by-right density allowed for this property without a rezoning. Staff would also note that low-
income age restricted housing would not be guaranteed if this plan amendment is approved.
Background
At their March 14, 2018 meeting, the Board of Supervisors adopted a resolution directing Staff
to undertake a land use study to evaluate the future land use of the Saint Paul on the Hill
Property.
The Comprehensive Plans and Programs Committee (CPPC), at their April meeting discussed
this request. The CPPC recommended approval of the request and forwarded the amendment to
the Planning Commission for discussion.
Conclusion
Please find attached a memo from the FCSA with their comments for the requested
comprehensive plan amendment application. Attached you will also find a map showing the
location of the proposal, a map showing the location of the proposal in the context of the
Senseny/Eastern Frederick Urban Area Plan (current land use and proposed land use) and a copy
of the application.
This request is presented to the Planning Commission as a discussion item; Staff is seeking a
recommendation from the Planning Commission to the Board of Supervisors.
CEP/pd
Attachments
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Major Collector
Improved Major Collector
Minor Collector
Improved Minor Collector
Ramp
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Zoning
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 26, 2018Staff: cperkins
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CPPA #01-18St. Paul's on the Hill Episcopal ChurchRevise Senseny/Eastern Land Use PlanPIN:54 - A - 128Zoning Map
CPPA #01-18St. Paul's on the HillEpiscopal ChurchPIN:54 - A - 128Revise Senseny/Eastern Land Use PlanZoning Map
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Natural Resources & Recreation
Environmental & Recreational Resources
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Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 26, 2018Staff: cperkins
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CPPA #01-18St. Paul's on the Hill Episcopal ChurchRevise Senseny/Eastern Land Use PlanPIN:54 - A - 128Requested Comprehensive Plan AmendmentLong Range Land Use Map
CPPA #01-18St. Paul's on the HillEpiscopal ChurchPIN:54 - A - 128Revise Senseny/Eastern Land Use PlanRequested Comp Plan AmendmentLong Range Land Use Map
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