PC 09-19-18 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
September 19, 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) July 18, 2018 Meeting Minutes ....................................................................................... (A)
3) Committee Reports .................................................................................................. (no tab)
4) Citizen Comments ................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #09-18 for Carrie Myers and Matthew Gambino, submitted for
establishment of a special event facility in the RA (Rural Areas) Zoning District. The
property is located at 233 Burnt Factory Road Stephenson, Virginia and is identified with
Property Identification Number 55-A-152 in the Stonewall Magisterial District.
Mr. Klein .......................................................................................................................... (B)
6) Conditional Use Permit #10-18 for Diana C. Kilmer, for a dog-kennel. The property is
located at 161 Sorrel Lane, Winchester, Virginia. The property is identified with Property
Identification Number 77-1-4 in the Shawnee Magisterial District.
Mr. Cheran ....................................................................................................................... (C)
7) Conditional Use Permit #11-18 for The Broadway Group, LLC – which submitted for a
country general store. The property is located at 4736 North Frederick Pike (Route 522),
Winchester, Virginia and is identified with Property Identification Number 29-A-55 in the
Gainesboro Magisterial District.
Mr. Klein .......................................................................................................................... (D)
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
Frederick County Planning Commission Page 3565
Minutes of July 18, 2018
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on July 18, 2018
PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S.
Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; Greg
L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Lawrence R. Ambrogi, Shawnee
District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; June M. Wilmot,
Member at Large; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney.
ABSENT: Christopher M. Mohn, Red Bud District.
STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A.
Bishop, Assistant Director Transportation; M. Tyler Klein, Senior Planner; Shannon L. Conner,
Administrative Assistant.
CALL TO ORDER
Chairman Kenney called the July 18, 2018 meeting of the Frederick County Planning
Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to
join in a moment of silence.
ADOPTION OF AGENDA
Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the
Planning Commission unanimously adopted the agenda for this evening’s meeting.
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Frederick County Planning Commission Page 3566
Minutes of July 18, 2018
COMMITTEE REPORTS
Comprehensive Plans and Programs Committee – Mtg. 07/09/18
Commissioner Marston reported the committee discussed two Comprehensive Policy
Plan Amendments (CPPA): The Carter Tract – including of 231.5 acres in the Sewer and Water Service
Area (SWSA), a long- range land use amendment to designate the property for industrial land uses and
text amendments to the Comprehensive Policy Plan and; Waverly Farm – inclusion of an additional 145
acres in the SWSA for future mixed-use commercial and industrial uses.
Development Review and Regulations Committee – Mtg. 06/28/18
Commissioner Unger reported the committee held discussion on four items:
• A request from the May 24, 2018 meeting regarding the use of shipping
containers as accessory storage in certain zoning districts; the DRRC
unanimously supported the proposed text amendment.
• A request to allow site access, parking spaces, loading spaces, and circulation
within delineated riparian buffers; this item did not receive support from the
DRRC and will not move forward.
• A request to amend the Category A Buffer requirements to allow parking to
locate as close as 10 feet from property line if screening is provided; this item did
not receive support from the DRRC and will not move forward.
• A Request to develop off-street parking and site access required for the primary
land use within limited portions of properties that are split-zoned (and/or split-
zoned as a result of road right-of-way); this item did not receive support from the
DRRC and will not move forward.
Transportation Committee – Mtg. 06/25/18
Commissioner Oates reported the Sheriff’s Office gave a presentation on the safety
software they use and the benefits to the community and to funding of roads. He continued, presented
were the following: A Resolution of Support for the SmartScale Project; A Resolution of Support for the
Intersection of Route 50 and Independence Drive; and A Resolution and comments for the I-81 Corridor
Study.
Frederick Water – Mtg. 07/17/18
Commissioner Unger reported Frederick Water announced the DEQ has issued the
Virginia Water Protection individual permit which enables Frederick Water to withdraw up to 8 MGD
from the Opequon Creek; this has been a 2 ½ year undertaking and will enable the Opequon Water
Supply Plan to advance into construction. He continued, the Board adopted resolutions in support of the
Town of Stephens City’s initiatives:
Frederick County Planning Commission Page 3567
Minutes of July 18, 2018
• A Resolution in Support of the Health Commissioner’s recommendation to the
Town of Stephens City to acquire a water agreement with the City of Winchester.
The Town had sought the Commissioner’s declaration to prohibit Frederick
Water from shutting off water service to the Town; the Commissioner advised
that such an action was not appropriate. The Commission advised that the Town
has a requirement to provide water to its customers, and that it should ente r an
agreement with Winchester to secure the water.
• A Resolution of Support of Mediation with the Town of Stephens City to resolve
the differences.
Commissioner Unger presented the June operations report for Frederick Water:
• The customer base is over 15,732 connections.
• Monthly water production averaged 6.13 MGD, a typical summer demand.
• In Stephens City, the Diehl’s North and South quarries continue to enjoy the
seasonal recharge and benefits from Frederick Water’s efficient water source
management. The quarries are nearly 2/3rd full, and in excellent shape for the
summer high water demand season.
• In Clearbrook, Anderson’s quarry level increased to a water level of 589.1 ft.,
this elevation is up 3 feet since April.
City of Winchester – Mtg. 07/17/18
Commissioner Loring, Winchester City Planning Commission Liaison, reported the
Commission reviewed three items: a site plan approval on Linden Drive; and two reviews to vacate and
convey properties.
Board of Supervisors – Mtg. 06/27/18
Board of Supervisors’ Liaison, Supervisor J. Douglas McCarthy reported the Board
established a Resolution declaring a State of Emergency as a result of the recent flooding in Frederick
County. He concluded the Board set a Public Hearing date for Robert E. Aylor Middle School.
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CITIZEN COMMENTS
Chairman Kenney called for citizen comments on any subject not currently on the
Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one
came forward to speak and Chairman Kenney closed the citizen comments portion of the meeting.
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Frederick County Planning Commission Page 3568
Minutes of July 18, 2018
ACTION ITEM
Rezoning #01-18 for Stonewall IV, submitted by Walsh Colucci Lubeley & Walsh, to rezone
88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with
proffers. The properties are located at the southern terminus of Lenoir Drive (Route F-732) and
are identified by Property Identification Numbers 43-A-21, 43-A-21B, 43-19-4 and 43-A-24.
Action – Recommend Approval
Commissioner Oates would abstain from all discussion on this item for a possible conflict
of interest.
Candice E. Perkins, Assistant Director, reported this is a request to rezone four parcels of
land that total 88.91 +/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District
with proffers. She continued, this item was postponed at the June 6, 2018 Planning Commission meeting
for 45 days to provide the Applicant additional time to address transportation concerns. Ms. Perkins
noted since the June 6, 2018 meeting, the Applicant has provided revised proffers that seek to address
these concerns. Ms. Perkins presented the updated proffers:
• 2.2 – Access to the Property shall be as shown on the GDP. Provided that access
to the buildable area of the Property is not impeded or eliminated, the Applicant
shall not place above grade improvements on the southeast corner of the Property
near the terminus of Lenoir Drive in such a way as to preclude the construction
of proposed slip ramps that are currently depicted on the graphic entitled
“Eastern Road Plan – Lenoir Drive Slip Ramp Clarification,” created by the
Frederick County Department of Planning and Development, dated October 17,
2017, and attached hereto for reference. The southeast corner of the Property is
subject to existing easements and/or covenants of record, as of June 6, 2018.
• 2.3 – Within 90 calendar days of a written request by the County, the Applicant
shall further dedicate such right-of-way as it may own at the terminus of Lenoir
Drive for the purpose of construction of access to existing Route 37 as described
in Proffer 2.2.
• 2.4 – The Applicant shall contribute up to $250,000 to the County for the purpose
of planning additional access to Stonewall Industrial Park. It shall make such
contribution at the rate of $0.30 per gross square foot of building ultimately
constructed, to be paid upon issuance of an occupancy permit for any such
building or buildings.
Commissioner Unger asked for clarification on what a slip ramp is. Ms. Perkins
presented mapping showing the slips ramps and explained using the visual. Chairman Kenney asked if the
$250,000 being dedicated is just for Stonewall Industrial Park. Ms. Perkins noted that is correct. Mr.
John Foote of Walsh Colucci Lubeley & Walsh PC, representing the Applicant reported after the June 6,
2018 meeting there was further discussions with Staff to address the transportation concerns. He
explained to make the slip ramps more possible the dedication of the ROW land controlled by the
Applicant will be dedicated; in addition, there is approximately 800,000 SF of planned development on
this property and at $0.30 per SF that comes to around $250,000. Mr. Foote noted, right now it is
provided for Stonewall Industrial Park because that was what is being addressed and of little concern how
the County chooses to use these funds. He continued, the TIA that was conducted demonstrates there is
Frederick County Planning Commission Page 3569
Minutes of July 18, 2018
very little truck traffic that is coming out of this and does not affect the function of any intersection. Mr.
Foote concluded this will also benefit the Inland Port.
Commissioner Cline inquired what value is the acreage that is being dedicated. Mr.
Foote explained the land is expensive and would be of fair market value.
Commissioner Unger asked for clarification of where the $250,000 can be used. Mr.
Foote explained it would go for the purpose of Stonewall Industrial Park and all would go to the County.
Chairman Kenney called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. No one came forward to speak and Chairman Kenney closed the public
comment portion of the hearing.
Upon motion made by Commissioner Cline and seconded by Commissioner Thomas
BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning #01-18 for Stonewall IV, submitted by Walsh Colucci Lubeley & Walsh, to rezone
88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The
properties are located at the southern terminus of Lenoir Drive (Route F-732) and are identified by
Property Identification Numbers 43-A-21, 43-A-21B, 43-19-4, and 43-A-24.
(Note: Commissioner Mohn was absent from the meeting.)
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INFORMATION / DISCUSSION
Self-Storage Facilities in the RA District – Discussion on revisions to the Frederick County Zoning
Ordinance to allow mini self-storage facilities in the RA (Rural Areas) Zoning District as a
conditional use (requiring an approved Conditional Use Permit - CUP).
M. Tyler Klein, Senior Planner reported this is a proposed amendment to Chapter 165 –
Zoning Ordinance to allow storage facilities, self-service, in the RA (Rural Areas) Zoning District as a
conditional use and to include additional supplemental use regulations. He continued, under the current
Zoning Ordinance, storage facilities, self-service, are allowed in the B2 (General Business), B3 (Industrial
Transition), M1 (Light Industrial), and M2 (industrial General) Zoning Districts. Mr. Klein concluded,
the DRRC discussed this item on May 24, 2018 and recommended the following supplemental uses for
facilities in the RA Zoning Districts:
• All development shall conform to the B2 (General Business) District standards
unless the self-service storage facility is screened natural by vegetation or
topography.
• All developments shall have direct access onto a state road.
Commissioner Thomas stated he is concerned there will be light pollution, trash, and
crime. He noted there should be more criteria involved with this.
Frederick County Planning Commission Page 3570
Minutes of July 18, 2018
Commissioner Oates commented, this has to be built to B2 standards therefore, it will
have to be paved, have a trash receptacle, be fenced, and meet the ordinance for lighting. He noted, he is
more comfortable with this being a CUP and a case by case basis rather than making it a by-right and
putting a lot of restrictions on it. Commissioner Unger commented he does not feel trash will be an issue.
The Planning Commission recommended this item move forward to the Board of
Supervisors for Information and Discussion.
(Note: Commissioner Mohn was absent from the meeting.)
Shipping Containers – Discussion on revisions to the Frederick County Zoning Ordinance to
restrict the use of shipping containers (i.e. pre-fabricated, durable steel shipping containers, also
known as intermodal containers, cargo containers, or ISO containers) as an accessory storage in
certain zoning districts.
M. Tyler Klein, Senior Planner, reported this is a proposed amendment to Chapter 165 –
Zoning Ordinance to restrict the use of shipping containers as accessory storage in planned residential
(RP, R4, & R5) Districts. He noted, the current zoning ordinance does not specifically address shipping
containers as accessory storage. Mr. Klein explained, this item was previously discussed by the Planning
Commission on April 4, 2018, and the Board of Supervisors on May 9, 2018. He noted, the Board of
Supervisors sent the item back to the DRRC for additional review; the DRRC discussed the comments
from the Board of Supervisors at their May 24, 2018 and June 28, 2018 meetings and made additional
revisions to the proposed text amendment. Mr. Klein reported, the DRRC recommended the following
restriction on the use of shipping containers as accessory storage:
• In no case shall a shipping container, i.e. pre-fabricated steel shipping boxes, be
allowed as an accessory use or storage in the RP (Residential Performance), R4
(Residential Planned Community) and R5 (Residential Recreational Community)
Zoning Districts. Shipping containers are allowed in all other zoning districts as
an accessory use or storage and should meet the applicable setback requirements
for accessory uses.
Commissioner Oates inquired is the vision now for this ordinance to basically handle the
complaints and issues we are having in certain areas of the County to allow for more enforcement ability.
Mr. Klein stated that is correct. Commissioner Oates asked if a shipping container was to come in on a
lot and it has siding, truss roof, and basically made to look like a shed, would it be allowed then, if it is
within a facility. Mr. Klein explained if it is completely enclosed and the enclosure meets building code
standards then it would be allowed.
Commissioner Unger inquired is there an acreage restriction on this. Mr. Klein
explained, in previous considerations of this text amendment there was a requirement that shipping
containers being used as storage on RA property there was a minimum acreage threshold, however at the
Board of Supervisor’s discussion they specifically said they did not support setting an acreage restriction
and did not support restricting the use of shipping containers on RA property. He continued, at the
DRRC discussion the committee did express reservation about not restricting shipping containers on RA
property but did not have a recommendation regarding minimum acreage. Commissioner Unger
commented covenants in subdivisions with two and five acre lots would not allow this. Commissioner
Oates noted, covenants are a private issue.
Frederick County Planning Commission Page 3571
Minutes of July 18, 2018
The Planning Commission recommended this item move forward to the Board of
Supervisors for Information and Discussion.
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Cline to adjourn the meeting. This motion was seconded by Commissioner Oates and unanimously
passed. The meeting adjourned at 7:30 p.m.
Respectfully submitted,
____________________________
Kevin W. Kenney, Chairman
____________________________
Michael T. Ruddy, Secretary
B
CONDITIONAL USE PERMIT #09-18
Carrie Myers & Matthew Gambino - Special Event Facility
Staff Report for the Planning Commission
Prepared: September 11, 2018
Staff Contact: M. Tyler Klein, AICP, Senior 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: 09/19/18 Pending
Board of Supervisors: 10/10/18 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 subject to approval by
Frederick County prior to the establishment of the use.
3. An engineered commercial entrance site plan shall be submitted to and subject to
approval by VDOT, prior to the establishment of the use.
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 200 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.
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CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility
September 11, 2018
LOCATION: The subject property is generally located about 0.5 miles north on Burnt Factory
Road (Route 659) from Route 7 west and generally south of Pine Road (Route 661) at 233 Burnt
Factory Road, Stephenson.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 55-A-152
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Agricultural/Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Vacant/Agricultural
East: RA (Rural Areas) Use: Agricultural/Residential
West RA (Rural Areas) Use: Vacant/Agricultural
PROPOSED USE:
This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special
event facility for weddings, business meetings, birthday parties, showers, reunions and other
similar type events for up to 200 persons.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The property is currently accessed by a Private
Entrance (Residential Type). This entrance would need to be upgraded or a new entrance
installed that meets VDOT’s Moderate Volume Commercial Entrance design standards in order
to safely handle event venue traffic. An engineered Commercial Entrance site plan would need
to be submitted to VDOT for review and approval detailing necessary upgrades.
The existing Private Entrance on Burnt Factory Road (Route 659) does not provide adequate
sight distance necessary to be used as a safe entrance for the proposed event venue. Removing
existing trees/vegetation and possible relocation of the entrance may achieve adequate sight
distance. The engineered Commercial Entrance site plan mentioned above, would also identify
necessary work to obtain the required safe sight distance.
A VDOT Land Use Permit shall be obtained prior to any work on upgrading/relocating the
entrance or removing trees/vegetation 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 May 2, 2018.
Page 3
CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility
September 11, 2018
Frederick County Inspections: Conditional use request to utilize residential property for
weddings. The area utilized shall comply with The Virginia Uniform Statewide Building Code.
Area utilized is outdoors and not inside the buildings.
Tents 900 sq ft or larger require a building permit and inspections. Tent assembly and approved
tent fabric meeting NFPA 701 required.
Please submit a permit application for the tent.
Accessible access for customers shall be provided, including ANSI A117.1-09 approved
restrooms.
Final inspection/approval required by Frederick County Fire Marshall’s Office.
See original comment letter dated May 11, 2017.
Winchester-Frederick County Health Department: This Health Department has reviewed the
request for comments for a Conditional Use Permit to host wedding events on the property
located at 233 Burnt Factory Road, Stephenson, VA 22656; Tax Map #55-A-152. Based upon
information provided by the Applicant, each event will involve only 200 guests. Portable
Restroom Facilities will be available to accommodate the sewage disposal needs of the event; no
additional septic system will be necessary. Also, there will be no permanent facilities for food
preparation on the property; the food service at the event will consist of catering trucks, cook-out
style, or off-site preparation. This Health Department has no objections to the issuance of a
Conditional Use Permit for hosting wedding events, which will commence in the spring of 2019.
Applicant is welcome to contact this Health Department at (540) 722-3480 concerning questions
about any part of this correspondence.
See original comment letter dated April 16, 2018.
Frederick County Fire Marshall: Approve.
See original comment letter dated April 13, 2018.
Historic Resources Advisory Board: Approved.
See comment letter dated August 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
Page 4
CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility
September 11, 2018
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 proposed use will take place on an existing 45-acre property (the Applicant also owns two
other parcels south of the property which will not be used for special events ; PIN’S : 55-A-151
and 55-A-151A), which includes a historic federalist style single-family detached residence
(known as the “Brumley House/Smith Farm”), detached garage and tennis court. The Applicant
intends to utilize temporary tents (inspected by the Fire Marshall’s office) for special events; the
existing home and outbuildings will not be used for special events. The special event center will
be accessed via a private driveway from Burnt Factory Road (Route 659). Portable restroom
facilities will also be provided for special events. Existing paved and gravel parking areas will
accommodate up to 25 vehicles; the Applicant intends to construct an additional gravel parking
area for 75 vehicles (shown on the sketch of the property). There will be no permanent kitchen
facilities for use during special events, any food preparation will be via catering trucks, cook -out
style, or off-site preparation. There will be no alcoholic beverage sales on site; alcoholic
beverages will be provided by those renting the facility.
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
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 09/19/18 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
Frederick County Zoning Ordinance, shall be submitted to and subject to approval by
Frederick County prior to the establishment of the use.
3. An engineered commercial entrance site plan shall be submitted to and subject to
Page 5
CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility
September 11, 2018
approval by VDOT, prior to the establishment of the use.
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 200 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.
STAR BROOKACRESSubdivision
¬«7
55 A 151A
55 A 151
55 A 152
2432BERRYVILLE PIKE
111BURNTFACTORY RD
2682BERRYVILLEPIKE 2708BERRYVILLEPIKE
2718BERRYVILLEPIKE
2857BERRYVILLEPIKE
112BURNTFACTORY RD
2853BERRYVILLEPIKE
2608BERRYVILLEPIKE
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263PINE RD 295PINE RD
319PINE RD 343PINE RD
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Application
Parcels
Sewer and Water Service Area
Future Rt 37 Bypass
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Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: August 24, 2018
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CUP #09-18
CLARKE
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CUP # 09 - 18: Carrie Myers and Matthew GambinoPINs: 55 - A - 151, 55 - A - 151A, 55 - A - 152Special Event FacilityZoning Map
CUP #09-18
CUP #09-18
STAR BROOKACRESSubdivision
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2432BERRYVILLE PIKE
111BURNTFACTORY RD
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2853BERRYVILLEPIKE
2608BERRYVILLEPIKE
151BURNTFACTORY RD
2597BERRYVILLEPIKE
2621BERRYVILLEPIKE
2663BERRYVILLEPIKE
202STEEPWOOD LN
224BURNTFACTORY RD
197STEEPWOOD LN
183STEEPWOOD LN
380BURNTFACTORY RD
425PINE RD
451PINE RD 473PINE RD
385BURNTFACTORY RD
185PINE RD
425PINE RD
433PINE RD
395BURNTFACTORY RD
263PINE RD 295PINE RD
319PINE RD 343PINE RD
417PINE RD
405BURNTFACTORY RD 423BURNTFACTORY RD
367PINE RD
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Application
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Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: August 24, 2018
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CUP #09-18
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CUP # 09 - 18: Carrie Myers and Matthew GambinoPINs: 55 - A - 151, 55 - A - 151A, 55 - A - 152Special Event FacilityLocation Map
CUP #09-18
CUP #09-18
C
CONDITIONAL USE PERMIT #10-18
DIANA C. KILMER – DOG KENNEL, BOARDING
Staff Report for the Planning Commission
Prepared: September 7, 2018
Staff Contact: Mark Cheran, Zoning Administrator
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: 09/19/18 Pending
Board of Supervisors: 10/10/18 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for Diana C. Kilmer for a dog kennel for
boarding. Should the Planning Commission find this application for a dog kennel with boarding
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. This CUP is solely to enable the boarding of dogs.
3. No more than thirty-six (36) dogs shall be permitted on the property at any given time.
4. No employees shall be permitted with this CUP.
5. All dogs shall be controlled so as not create a nuisance to any adjoining properties by
roaming free or barking.
6. All dogs must be confined indoors by 9:00 p.m.
7. Hours of operation for the public shall be 8:00 a.m. to 9:00 p.m.
8. Any expansion or modification of this use will require the approval of a new CUP.
Following the requisite 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 #10-18, Diana C. Kilmer
September 7, 2018
LOCATION: This property is located at 161 Sorrel Lane, Winchester, Virginia.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 77-1-4
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas Use: Residential Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
PROPOSED USE: This application is for a dog kennel for boarding.
REVIEW EVALUATIONS:
Virginia Department of Transportation: A review has been performed by VDOT for a
Conditional Use Permit at 161 Sorrel Lane, Winchester, for its impact on the transportation
system. The request included a proposal to establish facilities to build up to 30 dog kennels. The
following is noted; the kennel facilities are to be established at the existing residence, which has
an existing driveway type entrance. Sorrel Lane is a private roadway not maintained by VDOT.
Sorrel Lane comes off of Airport Road which is public and maintained by VDOT. This
intersection of Airport Road and Sorrel Lane appears to be adequate to accommodate additional
traffic which will be generated by the establishment of the proposed kennels and should be of
little impact to the traveling public on Airport Road at this time. We appreciate the opportunity
to provide comments on the CUP Application. Should the nature of the CUP evolve, the
Department requests the opportunity to re-evaluate it for impacts on the transportation system.
Frederick County Fire and Rescue: Approved
Frederick County Inspections: Conditional Use request for use of dwelling as kennel. The
area utilized shall comply with The Virginia Uniform Statewide Building Code.
Permit is required to construct kennel building(s). Pole Barn buildings or Pre- Engineered Metal
buildings require the construction plans to be sealed by a Virginia Registered Design
Professional. Please also submit floor plan with a building permit application. Mechanical air
Page 3
CUP #10-18, Diana C. Kilmer
September 7, 2018
change shall be provided as required per Virginia Mechanical Code. Accessible parking shall be
provided per ANSI A117.1-09. Accessible route from parking area/unloading to kennel entrance
shall be provided. Restrooms are located on site and will be available for public use. Accessible
route to restroom shall be Accessible.
Electrical feed to building shall be installed per code and will require an electrical permit.
Final inspection/approval with certificate of occupancy shall be issued prior to new use of the
facility.
Winchester-Frederick County Health Department: This Health Department has reviewed the
request for comments for a Conditional Use Permit for a proposed dog kennel, to be located at
161 Sorrel Lane, Winchester, VA 22602; Tax Map# 77-1-4. Based upon information provided
by the Applicant, the proposed dog kennel will consist of two buildings, each 25’ X 60’. The
buildings will each be constructed on concrete slabs. Gravel skirting will surround each of the
slabs. The nearest well is situated approximately 55’ from the kennel. The contour of the
property slopes down away from the well to the kennel. The drain field on the property is located
on the opposite side of the house, away from the kennel. The solid wastes produced by the
kennel will be removed and taken to the landfill. Liquid wastes will be washed down off the
slabs.
This Health Department has no objections to the issuance of the Conditional Use Permit.
Applicant is welcome to contact this Health Department at (540) 771 -3020 or (540) 722-3480
concerning questions about any part of this correspondence.
Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District
with an approved Conditional Use Permit (CUP). This proposed use will take place on a 5.00 +/-
acre parcel; surrounded by properties that are zoned RA. The 2035 Comprehensive Plan of
Frederick County provides guidance when considering any land use actions. This property is
located within the Senseny Eastern Frederick County Long Range Land Use Plan; the area where
this property is located is outside the UDA and SWSA and is intended to remain rural in nature.
It appears that this CUP meets the intent of the goals of the 2035 Comprehensive Plan of
Frederick County.
The Zoning Ordinance defines a Kennel: “As a place prepared to house, board, breed, handle
or otherwise keep or care for dogs for sale or in return for compensation.” The Zoning
Ordinance requires that kennels be subject to additional performance standards in order to
mitigate negative impacts to adjoining residential properties. These standards include: all dogs
are to be confined within a secure structure and the installation of a Category C Buffer.
The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning
District, with the nearest residential dwelling being approximately 119 feet to the west from this
proposed kennel. This property is owned by the Applicant. The property to the north is 514 feet
from this proposed kennel and is surrounded by natural woodlands. The other surrounding
Page 4
CUP #10-18, Diana C. Kilmer
September 7, 2018
properties are 500 feet from this proposed use. Therefore, the intent of the Category C Buffer
can be met.
The Applicant proposes to construct a 25’ x 55’ enclosed kennel with a fenced area to house no
more than thirty-six (36) dogs for boarding. The structure is proposed to be located on the left
side of the property. Per the Applicant, this structure is initially slated to house up to 18 dogs.
This structure could be expanded in the future to house up to 36 dogs.
Per the Zoning Ordinance, all dogs must be confined indoors, with the exception of when they
are walked or exercised within the fenced area. Dogs will not be let outdoors prior to 8:00 a.m.
and must be confined indoors by 9:00 p.m. The Applicant has stated that there will be no
breeding of dogs with this use and that there will be no employees with this use. The Applicant
was agreed to the conditions assigned to this CUP.
STAFF CONCLUSIONS FOR THE 09/19/18 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions:
1. All review agency comments shall be complied with at all times.
2. This CUP is solely to enable the boarding of dogs.
3. No more than thirty-six (36) dogs shall be permitted on the property at any given time.
4. No employees shall be permitted with this CUP.
5. All dogs shall be controlled so as not create a nuisance to any adjoining properties by
roaming free or barking.
6. All dogs must be confined indoors by 9:00 p.m.
7. Hours of operation for the public shall be 8:00 a.m. to 9:00 p.m.
8. Any expansion or modification of this use will require the approval of a new CUP.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
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CUP #10-18
CUP # 10 - 18: Diana C. KilmerPIN: 77 - 1 - 4Dog KennelLocation Map
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CONDITIONAL USE PERMIT #11-18
The Broadway Group, LLC. – Country General Store
Staff Report for the Planning Commission
Prepared: September 11, 2018
Staff Contact: M. Tyler Klein, AICP, Senior 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: 09/19/18 Pending
Board of Supervisors: 10/10/18 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to enable the construction of a country
general store in the RA (Rural Areas) Zoning District. Should the Planning Commission find this
application for a country general store 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 engineered site plan, in accordance with the requirements of Article VIII of the
Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by
Frederick County prior to the establishment of the use. The site plan shall address site
access, site lighting, screening, landscaping, signage and trash collection. Building
permits are also required for all buildings and structures.
3. The following items shall be submitted to and subject to approval by VDOT prior to
issuance of site plan approval:
a. An intersection analysis of Route 522 (North Frederick Pike) and Route 684
(Gainesboro Road);
b. A warrant analysis for signalization or alternative intersection design;
c. Any agreement needed to address future intersection needs;
d. A completed VDOT Commercial Entrance Site Plan Checklist; and
e. A site plan addressing any intersection and signalization improvements as
determined by the above analyses.
4. Hours of operation for the general public shall be limited to 8 a.m. to 9 p.m. seven days a
week.
5. Any expansion or modification of this use will require the approval of a new CUP.
Page 2
CUP #11-18 The Broadway Group LLC
September 11, 2018
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 3
CUP #11-18 The Broadway Group LLC
September 11, 2018
LOCATION: This property is located at 4736 North Frederick Pike, Winchester, generally
north of the intersection of Route 522 and Gainesboro Road (Route 684).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 29-A-55
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural/Vacant
South: RA (Rural Areas) Use: Route 522/Residential/Agricultural
East: RA (Rural Areas) Use: Agricultural/Vacant
West: RA (Rural Areas) Use: Agricultural/Vacant
PROPOSED USE: This is a request for a Conditional Use Permit to enable the construction of
a 9,100 square foot (SF) country general store for a national retailer in the RA (Rural Areas)
Zoning District. The proposed use will include 37 parking stalls and the hours of operation will
be 8:00 a.m. to 9:00 p.m. seven (7) days a week.
REVIEW EVALUATIONS:
Virginia Department of Transportation: We have completed our review of the Conditional
Use Permit Application for a 9,100 square foot general store to be located in the Gainesboro
District of Frederick County at 4736 North Frederick Pike, Winchester Virginia. Route 522
(North Frederick Pike) is functionally classified as a Principal Arterial Roadway with a speed
limit of 55 MPH at this location, and an average daily traffic (ADT) volume of 18,000 vehicles.
This office has no overall objection with the proposal of the general store specified in this CUP
application, but request the following items be submitted by the developer for VDOT review and
approval as a condition of this CUP application at time of site plan submission.
• An intersection analysis of the Routes 522 and 684 intersection be conducted.
• A warrant analysis for signalization or alternative intersection design be performed.
• Any agreement needed to address future intersection needs.
• Completed VDOT Commercial Entrance Site Plan Checklist.
• Site Plan addressing any intersection, signalization improvements needed as determined
by the above-mentioned analysis.
See comment email dated September 10, 2018.
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CUP #11-18 The Broadway Group LLC
September 11, 2018
Frederick County Inspections: No comments at this time. Comments will be made at site plan
submittal.
See original comment letter dated June 19, 2018.
Winchester-Frederick County Health Department: This Health Department has reviewed the
request for comments for a Conditional Use Permit for a proposed 9 ,100 sq. ft. new country
general store, to be located at 4736 North Frederick Pike, Winchester, Virginia 22603: Tax Map
#29-A-55. The Applicant stated in a phone conversation that the firm will demolish the existing
dwelling to create room for the new proposed store. A new proposed well will be drilled for the
purpose of the store. The Applicant will engage a PE to evaluate the existing sewage disposal
system for suitability. The Applicant will consider the location of a new sewage disposal system
on the property, should the existing system prove unsuitable for use. The Applicant says that the
food service will consist of pre-packaged food only.
The Health Department has no objections to the proposed Conditional Use Permit as presented.
Applicant is welcome to contact this Health Department at (540) 771 -3020 or (540) 722-3480
concerning questions about any part of this correspondence.
See original comment letter dated June 25, 2018.
Frederick County Fire Marshall: Approved.
See original comment letter dated July 3, 2018.
Planning and Zoning: This is a proposed Conditional Use Permit (CUP) for a 9,100 square foot
country general store for a national retailer in the RA (Rural Areas) Zoning District; the proposal
also includes 37 parking stalls for customers and staff. The Frederick County Zoning Ordinance
allows country general stores in the RA Zoning District as a conditional use. A “country general
store” is defined by the Zoning Ordinance as a retail business allowed where specified in the
rural zoning districts which sells groceries along with a variety of other retail goods. The 4.13-
acre subject property currently includes an existing single-family detached residence which
would be demolished, and the property is not served by public water or sewer. The Applicant
intends to provide a new well and a new commercial septic system to serve the proposed
commercial use.
Transportation & Access
Access to the site will be provided from North Frederick Pike (Route 522). Route 522 is
functionally classified as a Principal Arterial Roadway with a speed limit of 55 MPH at this
location, and an average daily traffic (ADT) volume of 18,000 vehicles. Gainesboro Road (Route
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September 11, 2018
684) intersects Route 522 south of the subject propert y’s proposed commercial entrance.
Gainesboro Road serves businesses and residents near the subject property and may be a future
access point to Gainesboro Elementary School and Frederick County Middle School, which are
located to the east of the subject property. The Applicant is requesting a full-movement entrance
in line with the intersection of Route 522 and Gainesboro Road. This entrance may exacerbate an
existing traffic issue or create a new one at the intersection.
VDOT has expressed concern (see comments above) with the proposed access from Route 522.
VDOT and Planning and Development Staff support additional study of the proposed
commercial entrance and the intersection of Gainesboro Road and Route 522 prior to any site
plan approval.
2035 Comprehensive Plan
The property is surrounded by RA zoned property, which includes open space, agricultural uses,
and single-family detached residences. The 2035 Comprehensive Plan of Frederick County
(“Comprehensive Plan”) provides guidance when considering any land use action. The
Comprehensive Plan identifies this area of the County as “rural” and is to remain agricultural in
nature and is not part of any land use study. The County’s adopted Comprehensive Plan supports
the development of commercial type uses in the “Rural Areas” where they are clustered within
our rural community centers (in this case, the subject property is across the street from the plans
defined Gainesboro Rural Community Center), and where the uses “character and scale” is
complementary to the surrounding uses. The proposed use is generally consistent with the goals
and strategies expressed in the Comprehensive Plan and the surrounding properties.
The Applicant has provided two examples (see images below) of potential architectural
treatments for the proposed building to demonstrate the proposed character and scale is
complementary to the surrounding uses and structures.
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CUP #11-18 The Broadway Group LLC
September 11, 2018
The sides of the building may be metal with the front of the building including mason, stone,
and/or wood materials. The Applicant can propose such architectural elements as conditions that
may be included with this application to ensure the character and scale is complementary. A
condition of approval may be added to this CUP, if desirable, that would ensure the style of the
proposed building.
STAFF CONCLUSIONS FOR THE 09/19/18 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) to enable the construction of a country
general store in the RA (Rural Areas) Zoning District. Should the Planning Commission find this
application for a country general store 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 engineered site plan, in accordance with the requirements of Article VIII of the
Fredrick County Zoning Ordinance, shall be submitted to and subject to approval by
Frederick County prior to the establishment of the use. The site plan shall address site
access, site lighting, screening, landscaping, signage and trash collection. Building
permits are also required for all buildings and structures.
3. The following items shall be submitted to and subject to approval by VDOT prior to
issuance of site plan approval:
a. An intersection analysis of Route 522 (North Frederick Pike) and Route 684
(Gainesboro Road);
b. A warrant analysis for signalization or alternative intersection design;
Page 7
CUP #11-18 The Broadway Group LLC
September 11, 2018
c. Any agreement needed to address future intersection needs;
d. A completed VDOT Commercial Entrance Site Plan Checklist; and
e. A site plan addressing any intersection and signalization improvements as
determined by the above analyses.
4. Hours of operation for the general public shall be limited to 8 a.m. to 9 p.m., seven days a
week.
5. 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.
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