HomeMy WebLinkAbout11-22 PC Staff ReportCONDITIONAL USE PERMIT #11-22
RICHARD BYESS
Staff Report for the Planning Commission
Prepared: November 16, 2022
Staff Contact: Kayla Peloquin, 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: 12/07/22 Pending
Board of Supervisors: 12/14/22 Pending
EXECUTIVE SUMMARY: This is a request for a humanitarian aid organizational office. The
applicant proposes utilizing an existing barn on a 5.00 +/- acre property for both an office space
for staff of non-profit organizations and as a storage space. Donated furniture and other home
furnishings will be stored in the barn until they are dispersed. The barn includes a 288 square
foot office space, a 1,800 square foot fully enclosed storage space, a functioning bathroom, and a
partially enclosed storage/loading space in the rear of the building. Access to the office and
storage area will be limited to staff and volunteers of partner organizations as well as those
bringing donations. Access to the storage area will be during scheduled daytime hours and
limited to several times a week for a few hours at a time. Otherwise, there will only be access by
appointment.
The applicant proposes using the shared driveway that serves the property owner’s home and the
barn to access the storage space and office. The applicant anticipates having no more than one
(1) - two (2) employees working part-time at this location as well as ten (10) - twelve (12)
volunteers on a periodic basis when disbursing furniture from the barn. Clients will not be
visiting the barn directly.
Should the Planning Commission find this use appropriate, staff would suggest the following
conditions be placed on the Conditional Use Permit (CUP):
1. All review agency comments and requirements shall be complied with at all times.
2. A minor site plan, in accordance with the requirements of Part 802 of the Fredrick County
Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to
establishment of the use. All supplementary use regulations listed in the Frederick County
Zoning Ordinance §165-204.09 for humanitarian aid organizational offices shall be
addressed on the site plan.
3. Any expansion or change of use will require a new CUP.
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Following this public hearing, it would be appropriate for the Planning Commission to offer
a recommendation concerning this application to the Board of Supervisors
LOCATION: The property is located at 1107 Cedar Creek Grade.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 63-A-2F
PROPERTY ZONING & PRESENT USE:
Zoned: RA Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA Use: Residential
South: RA Use: Residential
East: RA Use: Blue Ridge Grace Brethren Church
West: RA Use: Residential
PROPOSED USE: Humanitarian aid organizational office
REVIEW EVALUATIONS:
Planning and Zoning:
The Frederick County Zoning Ordinance defines a humanitarian aid organizational office as “A
charitable organization established to provide relief assistance to an identified distressed,
underprivileged group. Relief would be provided in such forms as clothing, medical supplies, or
educational contributions. The organization must provide a public beneficial interest to the
community” (§165-101.02). A humanitarian aid organizational office is permitted in the RA
(Rural Areas) zoning district with an approved Conditional Use Permit (CUP).
The barn was previously West Oaks Farm Market, operating under existing CUP #02-06 for a
farm market stand on the property.
The Comprehensive Plan designates this parcel to remain rural. The proposed CUP is consistent
with the intent of the goals of the Comprehensive Plan. Adaptive reuse of existing structures for
non-impactful uses in the rural areas is encouraged. The property is located just outside of the
Sewer and Water Service Area (SWSA) and outside of the Urban Development Area (UDA).
Virginia Department of Transportation: The application for a Conditional Use Permit for this
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property appears to have little measurable impact on Route 622 (Cedar Creek Grade), the VDOT
facility providing access to the property. The existing entrance located on this portion of the road
meets VDOT entrance requirements. Based on this information, VDOT can support the CUP
request.
Frederick-Winchester Health Department: The onsite sewage system connected to the old
farmers market is designed to accommodate 292 gallons per day. It will be adequate for 1-2 part-
time employees and 10-12 volunteers on a periodic basis.
Frederick County Fire and Rescue: Portable fire extinguishers and smoke alarms shall be
installed per the Frederick County Fire Prevention Code.
Frederick County Inspections: The existing farm building will require an evaluation of the
foundation and structure by a Virginia Registered Design Professional.
The building will also require a change of use permit and meet the requirements of the Virginia
Existing Building Code and Virginia Construction Code. Other codes that may apply are the
Virginia Plumbing, Mechanical, and Energy Codes as well as ANSI 117.1 and the NEC.
Entrances and exits shall meet accessibility requirements per ANSI A117.1. Accessible parking
and pathway to the building will be required. Exit signage and emergency lighting shall be
required.
Frederick County Public Works: We offer no comments at this time.
Frederick Water: Frederick Water does not serve this parcel and has no additional comments.
City Of Winchester: Planning department – no comments.
Historic Resources Advisory Board: Following their review of this application, the HRAB
determined there would be no adverse impacts on local historical resources from the proposed
use and recommended approval.
STAFF CONCLUSIONS FOR THE 12/07/22 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, staff would recommend the following
conditions be placed on the Conditional Use Permit (CUP):
1. All review agency comments and requirements shall be complied with at all times.
2. A minor site plan, in accordance with the requirements of Part 802 of the Fredrick County
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CUP #11-22 Richard Byess
November 16, 2022
Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to
establishment of the use. All supplementary use regulations listed in the Frederick County
Zoning Ordinance §165-204.09 for humanitarian aid organizational offices shall be
addressed on the site plan.
3. Any expansion or change of use will require 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