HomeMy WebLinkAbout04-18 OrdinanceAction:
ORDINANCE
PLANNING COMMISSION: May 2, 2018 Public Hearing Held, Recommended Approval
BOARD OF SUPERVISORS: May 9, 2018 Approved
ORDINANCE
CONDITIONAL USE PERMIT #04-18
WEST OAKS FARM MARKET, LLC
SPECIAL EVENT FACILITY & RESTAURANT
WHEREAS, Conditional Use Permit #04-18 for a Special Event Facility and Restaurant,
submitted by West Oaks Farm Market, LLC was considered. 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 4305 Middle Road and is further identified with Property
Identification Number 74-A-3 in the Back Creek Magisterial District, and
WHEREAS, the Frederick County Planning Commission held a public hearing on the
Conditional Use Permit on May 2, 2018 and recommended approval of the Conditional Use
Permit with conditions; and,
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this
Conditional Use Permit during their regular meeting on May 9, 2018; 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, welfare, and in conformance with
the Comprehensive Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the zoning map to
reflect that Conditional Use Permit Application #04-18 for a Special Event Facility and
Restaurant on the parcel identified by Property Identification Number 74-A-3 with the following
conditions:
1. All review agency comments shall be complied with at all times.
PDRes # 16-18
BOS Res. 088-18
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 use.
3. Building permits shall be acquired prior to establishment of the 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.
Passed this 9th day of May 2018 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
J. Douglas McCarthy Aye Judith McCann -Slaughter Aye
Shamion G. Trout Aye Blaine P. Duni Aye
Robert W. Wells Aye
A COPY ATTEST
Kris . T mey
Frederick ounty Administrator
PDRes #16-18
2
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/665-6395
May 11, 2018
Mr. Joseph Snapp
Ms. Mary Snapp
229 West Oaks Lane
Winchester, VA 22602
Re: CUP #04-18 West Oaks Farm Market, LLC Property Identification Number 74-A-3
Dear Mr. and Ms. Snapp:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on
May 9, 2018. Conditional Use Pen -nit #04-18 was approved for a special even facility. Further
conditions associated with the approval of the Conditional Use Permit include the following:
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. Building pen -nits shall be acquired prior to establishment of the 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.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
M. Tyler Klein, A)CP
Planner
MTK/pd
cc: Gary A. Lofton, Back Creek Board of Supervisor
J. Rhodes Marston and Greg L. Unger, Back Creek Planning Commissioners
Jane Anderson
Commissioner of Revenue
Inspection Department
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000