HomeMy WebLinkAbout07-18 OrdinanceAction:
ORDINANCE
PLANNING COMMISSION: June 6, 2018 Public Hearing Held, Reconunended Denial
BOARD OF SUPERVISORS: July 25, 2018 Denied
ORDINANCE
CONDITIONAL USE PERMIT #07-18
WINCHESTER 101, LLC
COUNTRY GENERAL STORE
WHEREAS, Conditional Use Permit #07-18 for a Country General Store, submitted by
Winchester 101, LLC to amend the existing CUP #13-96 was considered. The subject property is
located at 4780 Northwestern Pike, Winchester, Virginia and is further identified with Property
Identification Number 40 -A -66D in the Gainesboro Magisterial District, and
WHEREAS, the Frederick County Planning Commission held a public hearing on the
Conditional Use Permit on June 6, 2018 and recommended denial of the Conditional Use Permit;
and,
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this
Conditional Use Permit during their regular meeting on July 25, 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 #07-18 for a Country General Store on the parcel
identified by Property Identification Number 40 -A -66D with the following conditions;
1. A site plan must be submitted and approved for the proposed addition prior to any
construction activity.
2. Any future expansion of this facility or change of use will require a new
conditional use permit.
PDRes #25-18
3. All review agency comments and requirements must be complied with at all
times.
4. At the time of site plan submittal, a buffer shall be considered along the property
line of the adjoining residence which would reduce light pollution, sound
pollution, and be able to catch blowing debris.
5. If an external speaker is used for the drive-in window, the volume must be
controlled so it is not a noise nuisance to adjoining residences.
6. The required screening to the east of the store site may be dense low screen that
would capture any blowing paper or debris that escapes from the market site.
7. The hours of operation may be 24 -hours.
Denied this 25th day of July 2018 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye
J. Douglas McCarthy Aye Judith McCann -Slaughter Aye
Shannon G. Trout Aye Blaine P. Dunn Aye
Robert W. Wells Aye
A COPY ATTEST
Kris C. *7
Frederick County Administrator
PDRes #25 -18
BOS Res. #006-18 2
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
July 27, 2018
Mr. Prakash Patel
Winchester 101 LLC
4780 Northwestern Pike
Winchester, VA 22603
ISE: Conditionai Use Permit #07-18
Property Identification Number: 40 -A -66D
Dear Mr. Patel:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their
meeting on July 25, 2018:
Conditional Use Permit #07-18 for a Country General Store to change hours of
operation was denied. You have the right to reapply after 12 months have expired.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
R Cli r n
Zoning Administrator
MRC/pd
cc: J. Douglas McCarthy, Gainesboro District Supervisor
Kevin Kenney, Chairman of Planning Commission
Charles E. Triplett and June Wilmot, Gainesboro District Planning Commissioners
Gifford Hampshire, email ghampshire@bklawva.com
107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000