Loading...
HomeMy WebLinkAbout09-18 Carrie Myers Special Event Facility - PINS 55-A-152, 55-A-151 & 151A - Stonewall - BackfileOPEN FILE: CLOSE FILE: / 0 1 / gf Sys ID # CUP TRACKING SHEET File opened Reference Manual updated/number assigned D-base updated Location maps requested from Mapping Dept. Adjoiner list given to Planner Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) Planning Commission Meeting Board of Supervisors Meeting ACTION C • ,P 2 �721 Approval (or denial) letter mailed to applicant, copy to Inspections Dept., copy to file and other cc's File stamped "approved", "denied" or "withdrawn" Reference manual updated D-base updated Scanning updated Application Action Summary updated az-Q,r E 0 0 8 0 43 °279 E vS FOR SSA- S`� SS-p-IS`I M Rm 134 ©2001 R®IFORM'.s SS1657N-CL DATE g a `� RECEIP RECEIVED FROM aTI hE (T�-- ADDRESS , �33 �(,(.-kr) rQr�rlfohc hson S'evFr� hi d ►�ecl �'1 �`� v 1., i�, cc ORDINANCE Action: PLANNING COMMISSION: September 19, 2018' Recommended Approval BOARD OF SUPERVISORS: October 10, 2018 Approved ORDINANCE CONDITIONAL USE PERMIT #09-18 CARRIE MYERS & MATTHEW GAMBINO SPECIAL EVENT FACILITY WHEREAS, Conditional Use Permit #09-18 for a Special Event Facility, submitted by Carrie Myers & Matthew Gambino was considered. 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; and is further identified with Property Identification Number 55-A-152 in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on the Conditional Use Permit on September 19, 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 October 10, 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 #09-18 for a Special Event Facility on the parcel identified by Property Identification Number 55-A-152 with the following conditions: 1. All review agency comments shall be complied with at all times. PDRes #33-18 BOS Res. #027-18 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and 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. Entrance to the subject property for events shall be limited to the existing private drive from Burnt Factory Road, 4. The Applicant shall post a sign along their driveway to direct traffic southbound (i.e. a turn right out only) from the subject property onto Burnt Factory Road. 5. Events shall start no earlier than 10 a.m., all music should end by 10 p.m, and all events and related activities shall conclude by 11 p.m. Events shall be limited to weekends only (i.e. Friday through Sunday). 6. Special events may accommodate up to and not to exceed 200 persons. 7. 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. 8. Any expansion or modification of this use will require the approval of a new CUP. 9. This CUP shall expire upon sale or transfer of the property to new ownership. Passed this 1 Oth day of October 2018 by the following recorded vote; Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye J. Douglas McCarthy Nay Judith McCann -Slaughter Aye Shannon G. Trout Aye Blaine P. Dunn Nay Robert W. Wells Aye PDRes #33-18 BOS Res. #027-18 ►P A COPY ATTEST I C. "Admir erick Cor 0 Pam Deeter From: Microsoft Outlook To: Gary Oates Sent: Thursday, October 11, 2018 11:27 AM Subject: Relayed: CUP #09-18 Carrie Myers & Matthew Gambino Approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Gary Oates (oatesgrObaol.com) Subject: CUP #09-18 Carrie Myers & Matthew Gambino Approval COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 October 11, 2018 Carrie Myers Matthew Gambino 233 Burnt Factory Road Stephenson, VA 22656 Re: CUP #09-18 Carrie Myers & Matthew Gambino Property Identification Number 55-A-152 Dear Ms. Myers and Mr. Gambino: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on October 10, 2018. Conditional Use Permit #09-18 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 VI1I 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 and subject to approval by VDOT, prior to the establishment of the use. Entrance to the subject property for events shall be limited to the existing private, drive from Burnt Factory Road. 4. The Applicant shall post a sign along their driveway to direct traffic southbound (i.e. a turn right out only) from the subject property onto Burnt Factory Road. 5. Events shall start no earlier than 10 a.m., all music should end by 10 p.m. and all events and related activities shall conclude by 11 p.m. Events shall be limited to weekends only (i.e. Friday through Sunday). 6. Special events may accommodate up to and not to exceed 200 persons. 7. 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. 8. Any expansion or modification of this use will require the approval of a new 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • CUP. 9. This CUP shall expire upon sale or transfer of the property to new ownership. If you have any questions regarding this action, please feel free to call this office. Sincerely, M. Tyler Klein, AICP Senior Planner MTK/pd cc: Judith McCann -Slaughter, Stonewall Board of Supervisor William H. Cline and Gary R. Oates, Stonewall Planning Commissioners Jane Anderson Commissioner of Revenue Inspection Department • • Pam Deeter To: Judy McCann -Slaughter; wcline.fredcogovpc@icloud.com; Gary Oates Subject: CUP #09-18 Carrie Myers & Matthew Gambino Approval Attachments: Carrie Myers & Matthew Gambino Approval.doc Good morning, Please find attached an approval letter from Mr. Klein for the CUP #09-18 Carrie Myers and Matthew Gambino which is in your magisterial district. If you have any questions, please contact Mr. Klein. Pam Deeter Planning and Development 107 N. Kent Street, Suite 202 Winchester, VA 22601 (540) 665-5651 Pam Deeter From: Tyler Klein Sent: Thursday, October 11, 2018 8:32 AM To: Diane Walsh; Pam Deeter Cc: Mike Ruddy Subject: Updated Conditions - CUP #09-18 Myers & Gambino Special Event Facility Diane, the above CUP was approved (as was the pump and haul application). Below are the final conditions of approval, as amended, by the Board of Supervisors following the public hearing Wednesday evening. The only change was the addition of #9. This should be updated in the resolution provided to the 3rd floor. Please let me know if you have any questions. 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. Entrance to the subject property for events shall be limited to the existing private drive from Burnt Factory Road. 4. The Applicant shall post a sign along their driveway to direct traffic southbound (i.e. a turn right out only) from the subject property onto Burnt Factory Road. 5. Events shall start no earlier than 10 a.m., all music should end by 10 p.m. and all events and related activities shall conclude by 11 p.m. Events shall be limited to weekends only (i.e. Friday through Sunday). 6. Special events may accommodate up to and not to exceed 200 persons. 7. 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. 8. Any expansion or modification of this use will require the approval of a new CUP. car i minor" c f .pir.tv IWW gw'net h%p M. Tyler Klein, AICP Senior Planner Department of Planning & Development Frederick County, Virginia 107 N. Kent Street Winchester, VA 22601 (540)722-8248 tkleinna.fcva.us 4�0 Cod CONDITIONAL USE PERMIT #09-18 Carrie Myers & Matthew Gambino - Special Event Facility a Staff Report for the Board of Supervisors w Prepared: September 28, 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 Recommend Approval Board of Supervisors: 10/10/18 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 10/10/18 BOARD OF SUPERVISORS 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 Board of Supervisors find this application for a special event facility to be appropriate, The Planning Commission 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 establisbment,of the use. Entrance to the subject property for events shall be limited to the existing private drive from Burnt Factory Road. 4. The Applicant shall post a sign along their driveway to direct traffic southbound (i.e. a turn right out only) from the subject property onto Burnt Factory Road. 5. Events shall start no earlier than 10 a.m., all music should end by 10 p.m. and all events and related activities shall conclude by 11 p.m. Events shall be limited to weekends only (i.e. Friday through Sunday). 6. Special events may accommodate up to and not to exceed 200 persons. 7. 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. Page 2 CUP #09-18, Carrie Myers & Matthew Gambino — Special Event Facility September 28, 2018 8. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 3 CUP #09-18, Carrie Myers & Matthew Gambino — Special Event Facility September 28, 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) South: RA (Rural Areas) East: RA (Rural Areas) West RA (Rural Areas) Use: Residential Use: Vacant/Agricultural Use: Agricultural/Residential 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 4 CUP #09-18, Carrie Myers & Matthew Gambino — Special Event Facility September 28, 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 square foot 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 issu4nce 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 utilized for events that are typically conducted on a single day, but which may be conducted for ,0 Page 5 CUP #09-18, Carrie Myers & Matthew Gambino — Special Event Facility September 28, 2018 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 : SS A-1 SI and SS A-1 SIA; all three (3) properties are in the Red Bud Agricultural and Forestal District), which includes a historic federalist style single-family detached residence (known as the "Brumley House/Smith Farm"), detached garage and tennis court. The Applicant lives on the property. 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 gated 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 an additional 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. Page 6 CUP #09-18, Carrie Myers & Matthew Gambino — Special Event Facility September 28, 2018 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. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 09/19/18 MEETING: The Planning Commission held a public hearing on the proposed CUP for a special event facility on Wednesday September 19, 2018. Staff provided an overview of the proposed use, noting the Applicant had satisfied all the County requirements and recommended conditions. The Applicants also stated their request, and clarified that they resided on the property, and confirmed they agreed with all of the Staff recommended conditions. Five (5) members of the public spoke in opposition to the proposed application. Speakers noted they were all residents on Pine Road, which forms the northern boundary of the subject property. The primary topics noted in the public comments were: traffic to and from the special event facility along Pine Road and Burnt Factory Road, concerns over the consumption of alcohol and the potential for intoxicated drivers, concerns over the hours of operation, events going until midnight, the number of events throughout the week/weekend, music/loud noise being heard by adjacent neighbors, and maintaining the rural/residential character of the neighborhood. The Planning Commission allowed the Applicant to address the public comments. Ms. Carrie Myers noted that they hoped to be good neighbors and did not support drunk driving in their community and would work with potential guests to ensure it would not be an issue. Further, they noted they did not anticipate events going beyond 10 p.m. and are planning to only allow events on weekends. Commissioner Unger noted that for some events, not everyone serves alcohol and that not everyone drinks. Following discussion among the Planning Commission, the Commission asked the Applicant if they would agree to following additional conditions which may address concerns raised by neighbors including: Revising the hours of operation to ensure music ended no later than 10 p.m. and all events (including clean-up, etc.) would concluded by 11 p.m.; Limiting events to weekends only, specifically, Friday through Sunday; • 0 .Page 7 CUP #09-18, Carrie Myers & Matthew Gambino — Special Event Facility September 28, 2018 Posting a sign directing traffic to turn right away out from the special event facility onto southbound Burnt Factory Road; and Ensuring event traffic to only enter the property through the existing gated private driveway from Burnt Factory Road. The Applicant agreed to additional (revised) conditions as proposed by the Planning Commission and read back by Staff. The Planning Commission voted 8 — 3 (Commissioners Kenney, Mohn, and Tripplet — No) to forward the application to the Board of Supervisors with a recommendation of approval with conditions as amended to address concerns raised by neighbors. CONCLUSION FOR THE 10/10/18 BOARD OF SUPERVISORS 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 Board of Supervisors find this application for a special event facility to be appropriate, The Planning Commission 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. Entrance to the subject property for events shall be limited to the existing private drive from Burnt Factory Road. 4. The Applicant shall post a sign along their driveway to direct traffic southbound (i.e. a turn right out only) from the subject property onto Burnt Factory Road. , 5. Events shall start no earlier than 10 a.m., all music should end by 10 p.m. and all events and related activities shall conclude by 11 p.m. Events shall be limited to weekends only (i.e. Friday through Sunday). 6. Special events may accommodate up to and not to exceed 200 persons. 7. 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. 0 Page 8 CUP #09-18, Carrie Myers & Matthew Gambino — Special Event Facility September 28, 2018 8. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. CUP # 09 - 18: Carrie Myers and Matthew Gambino PINs:55-A- 151,55'-A- 151A,55-A- 152 Special Event Facility Zoning Map 4FACTCsvAwA...0 r k.y 41 ' CUP #0.9-118 V r.. 4� w� s r • r� • r' i --UP O COUP 0 - , o PW eonCLARKE F BERRrV�<<EP/ �t�pKE ✓COUNTY BERRYVILLE KE 2432 0 Application Parcels • Sewer and Water Service Area Future Rt 37 Bypass MH1 (Mobile Home Community District) 0 265 530 S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 1,060 Feet Map Created: August 24, 2018 • Application Parcels Sewer and Water Service Area �•" Future Rt 37 Bypass 265 530 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 1,060 Feet Map Created: Auaust 24, 2018 E • 0 Submittal Deadline 8 214 t P/C Meeting q BOS Meeting v APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner FT Other NAME: Cctrr�c �`�tc5 ADDRESS: Zia R�2,A FccVcr� VA Z ZLIS-Ie TELEPHONE: ;spy - Q y - 34 00 Please list all owners, occupants, or parties in interest of* the property: The property is located at: (please give exact directions and include the route number of your road or street) T `Alt ��cf�c���1 i �i . � ��lrs r��u. �k tr5� 4'ror-n R{ 1 tue4 ( 4. The property has a road frontage of 3 _ j 1 , Y 1 feet and a depth of leg feet and �— consists of acres. (Please be exact) The property is owned by N� �L���, („�,,,r Carr%�..��,-_ as evidenced by deed from �;.,, ,� �r �... Mr A 1L� 5Fc - (previous owner) recorded in deed book no. tY s I on page SC, 5 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. Property Identification Number (P.I.N.) , :5 A - r s D Magisterial District Current Zoning jl�<.,,�a__.�,:_ j Adjoining Property: • USE ZONING North n�.c.•�,n` - �,.,4f2c1 . East I�Lr F,�.t.,,..:� - Rk. t,s'`1 �:, Ql�� !� .�s9 South c<<L ' West iRe,-X.)6,J tu,,.4 8. The type of use proposed is (consult with the Planning Dept. before completing): SPt-Q I C-Ve&T Fq(>I J7y 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name lZ ti . l51 �v�..11 Fac4C,rl lZca. `�ttP�`c^SOn V A 22USLi Property# s- A-1so Name OAeflifPC,3bx h 3qs 31[e lu...c I t sic ,' VA Z 2 b loq Property # u- �� - l Name ., . IA 1J ., Z 2.t1 Q„r,A Fa Acr--i Rel. YA ZZuSV Property# S- A- IS`��c(���n�e.� Name ,r.c 3A,1Le l 4� Rr�• S� el"t.scti, VA 12-v5-4 Property# 5 -A - Iys� 55-A-(3--1P Name ,i�«_w► A 2UU3 �crr-�v.11t �,1CC l.:•r,cl,t :. V A z u o3 Property # _ V Name Ncl. n\e. n L-am 50: l `{ D S �* 5k . (N 9- CHt,rloNrsv,tic V'A IV) 0Z Property # 575-• A- �yv Name �t.nStr, VA zzt,04 Property # s _ js� , 1 S 6 • • 5� • • 0 '.Name and Property Identification Number T Address Name wrK Ikv.W(- v A 2613Z, Properly ��� _ A Name �� \ �j2d`3 San�ay�:..ti lam• Ck, r -,c VA z 2 1 3 1 Property # S _ A_ l i{ Name 1 h 2 Cq 3 (S c!1 SSn C' Property # S A- I Qjj Name —I,,,- VA 2265-if Property 5-5 A - Name L•/ .51 ant R-CA. S { t (�I� nSGr� VA 2 2 L- Property # $ j - A - 13'1 !v' c,� LI -13 r� Name L -.. • j ,� t y 3 }7� •i t t2c�. pl�nSm VA ZZUS U Property# - - A - 13� I' Name \�c�:. � t c � Lick pr, ,C RCi. 5 kt . U r► Scyl V A Property # _ Q _ !_ Name ; iffk t jinSs VA Property# -) -A Name cxtt� ?,n1 )R.4 ��� Lj ► , n-1 V, Property # 5 - - \ t1 Name C. V A 2-2 Li �%�, [Properly Name Property # Name Property # Name Property # Name Property # • p CN 1� r1�y S Ar MAC- NO l 1 A l 1. P1epe we this pane for you sketch of the pn►pectY• Showd anNor exisliny lion. snuchm on the property. including meuurements to all property Nam, -Po O 4'�5 ACRES -% 55 A- i52 S �D -&Z� ,' i 4-1wn, 4.vo OZ-A.M1 65-A- is1,q '"�� 44oc�ao SBPl 0 p Z 1 ID 4 � � 7V { 4 r, ` 6% Ot r I 1 • �J Scanned with CarnScanner •. is • 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address 2-31 t"� r., QJ, SkpL6,,,em VA 22VL1 Owners' "Telephone No. _am- a-19 , 3 y OCt I TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 0 . Four Chimneys at Magnolia Hill Event Venue 233 Burnt Factory Rd, Stephenson VA 22656 Conditional Use Permit General Overview • The proposed use of the outdoor property is for an event venue to host weddings, etc. • Tents may be used in the event of weather considerations. • Events will begin in spring of 2019 • All events will require the use of portable restroom facilities; no additional septic system will be necessary. All portable restrooms will be situated so as not to be seen by adjoining property or the roads. The distance of useable area for portable toilets is quite a distance from any other property of Pine/Burnt Factory Rds. • The entrance to the property is private and paved. No other residents of the area use this access drive. • Currently, paved and gravel parking areas will accommodate 25 vehicles. Additional . gravel parking areas will be built to support parking for 75 additional vehicles (shown on the sketch of the property). • 200 attendees is the maximum number of people at any event. • There will be no permanent cooking facilities on the property. Any food preparation will be via catering trucks, cook out style, or off -site preparation. • There will be no alcoholic beverage sales on site. Any alcoholic beverages will be provided (not sold to attendees). • There are no identified historic or archaeological resources on this site. • Four Chimneys at Magnolia Hillis currently in forestry management use. We hope to generate enough revenue, through hosting events, to encourage the preservation and growth of the pine and walnut groves on the property. While the house is not on the historic registry, it is a beautiful example of Federal architecture and we also hope to use income from the event venue to maintain it for the future. • C tft `7 o %b-. 0 ol • • -moo 0 QUEST FOR CONDITIONAL USE PERMIT COMMENT nv Virginia Department of Transportation 9 III v,,grnta l-)epartrnent of Trrmsrortalton Resident Engineer ItA31 Old Valley Pike hura. Virginia 22824 Hand deliver- to: Virginia Department of Transportation Attn Resident Engineer 2275 NorYhvvestern Pike Winchester, Virginia 22603 local office of the Transportation Departtttcnt i, loated at 3275 Northwestern Pike in ;hester if you prefer to hand deliver this form. cant: It is your responsihility to complete this form as accurately as possible in order to assist the &-with.dzir rteview. Also. nlease attach two (2) dies of your anDheation form. location mar) and Applicant's Name Mailing Address L1ir[1L� -L� Telephone. ON _,? ,3yQp Name ofdevelopment and/or description of the request Ckr Ati � /%,r.��l..n V�nJj� ¢.�G.�t� L'Cf1�3C� All. ru,� S.»11r„+�_ _1f(��+C n•�.,r.�1. - � I Location of Property: (�� s�ra� tr, ram.�_��_� . ` irgiala Department of Transportation Comments: -watt Alfl7 V D07 Signature & /)ate_ Notice to VDOT - Please Returall,Nrm to Applicant Carrie Myers • Fwd: Four Chimneys at Magnolia Hill Event Venue CUP - Route 659 , Frederick County May 3, 2018 at 10:34:52 AM fourchimneysatmagnoliahill@gmail.com ---------- Forwarded message ---------- From: Smith, Matthew <Matthew.ginia.gQY> Date: Wed, May 2, 2018 at 2:58 PM Subject: Four Chimneys at Magnolia Hill Event Venue CUP - Route 659, Frederick County To: carriel07@gmail.com Cc: tklein(@fcva.us, Matthew Smith<matthew.smithCcDvdot•virginia,gov> COMMONWEALTH I o VIRCINIA � I DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Ne have reviewed the subject Conditional Use Permit Application received April 18, 2018 for impacts to the transportation system. Our comments are as follows: 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. A 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. We appreciate the opportunity to provide comments on this Conditional Use Permit Application. If you have any questions, please do not hesitate to give me a call. Thank you, Matthew B. Smith, P.E. t rea Land Use Engineer VDOT - Land Development Clarke; Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 pdf Pdt 0 • • • C7 • REQUEST FOR CONDITIONAL USE PERNUT CO RECEIVED Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Department Frederick County Inspections Department 107 North Kent Street, 2"d Floor Attn: Building Official Winchester, Virginia 22601 107 North Kent Street, 2nd Floor (540) 665-5650 Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and 1 all other pertinent information. ! __..._,•tl._,..:.......:.,.,».....,.:w--::.,--.�.._+.....R ..✓++w�.�w..�n+....�.+. i.�..^.�1:-n....0..,iw^+ws4'�.w..�..b.!'a.lJ�.'-Sb--r�Yr+en_✓tistst YY ..a1 Applicant's Name: , �lk t 6 Telephone: 36H - a j g , 3g0b Mailing Address: Z33 Fat, V 22 GS Name of development and/or description of the request: Location of Property: ek VA, ZZL6ZI S m: k[5 Building Official's Comments: // p Building Official's Signature & Date:,eV4,1a �iT,sY Notice to Inspections Department - Please Return This Form to the Applicant 12 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 Al 17.1-09 approved restrooms. Final inspection/approval required by Frederick County Fire Marshall's Office. • • 0 E • Lord Fairfax Health District LORD OR Frederick I Winchester Environmental Health V7) VIRGINIA WDRFAX L�\ 107 North Kent Street - Suite # 201 DEPARTMENT Winchester, Virginia 22601 OF HEALTH HEALTH DISTRICT Tcl. (540) 722-3480 - Fax (540) 722-3479 Protecting You and Your Environment www.vdh.virginia.gov April 16, 2018 Agency Comments: This Health Department has reviewed the request for comments for a Conditional Use Permit to host wedding everts on property located at 233 Burnt Factory Rd., 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 springy of 2019.Applicant is welcome to contact this Health Department at (540) 722-3480 concerning questions about any part of this correspondence. Agency Signature:rdz�AZ%Mjan,,_ Date: Title: NOTICE TO AGENCY. —PLEASE RETURN T RN THIS FORM TO THE APPLICANT) • • r rredetrick C'ttunly Five 1Farshai ';a:l to: Hand dell% t P. r-,:l : i; k count, 1^i: ,; i. C, ium % i ,rc & Rc-stme D t. p ? 900) Col ersi:nric ►Dd Ala.- Maislial � tu: f u':: \ irtinia 2269' i`ublis Sdkiv Euildiiil { ��3(1, f-S_%TQ ,4 1"'00 r. 'r:pffcant- P }. ur rCai.`-wivilitj tt. CL-11iNlelz this form as as in old'x io ..Nbist the "-erc; -,with their Also, pl: a,z anmch m c: (2) copics of youi i,pp.l;au,ii1 rGnii. 'wcaiK111 mop and q0 (tithes' pereirm! iAn'mm ktion. iww•..+.�...--. +: �., r.-..•... -.. n.....-.:.::•u...r-.n�•..w...-n.��1M.+.+iW.-..N��cir.r'RSw.,.......a.t.MMYM4.MY1iY1n..4iw �:.J..... . _w:. r_ w_ .r._».....-...•.....-.. ..• .. �..1 .�• �1,; eNil,;n�: _-• -- - ", �.lLt »tares ae%crmtlrn m me reruL—st: y i.: _ '' �i �_ _1',t_� =; L �...�:e.'._}i::.•-.;�.3,..� t ti •Y��i : t_:,r'_�;.;=:i,�: '1�s��ii •�i,._ - -- -- - - "�i,1!r.��:i _.�-LJ-►z. � _�1�.—iJ i . Z�' L..i::�3..�e.�.�AG-.-li.�.�14�3�-�•�� :44wil Of rMrk,"%;, i mire Mamhal's Comment%: q � � N y t _ C _ J 4 Fif,; :Jar.-haii's Sipaut:er & iiaic / r p Notice to Fire Marshal - Pltase Relur{t This Form to the Applicant • 0 Frederick County Department of Fire and Rescue Of rce of the Fire Marsh a! iOM Co rn. wim Orit a Winciresrer. 1-i Z %602 1-540) 665-6350 Far: (S40 673-4739 E,rail: /moLsfeva. as Plan Review & Comments Plan/Permit vpe use yerrnit 34-13-itI Name Adc-�-ga 2". S 8: r-A Fa"y RD ;a:PhOn3en Prcyect Ndn* Wezv rgrf.vePv Venue ApH !cant Nome S. INwrter Myer3 iQ4-279-3400 RE# Permit Number Erneryency Vehic9e Access Au4G s'e :nsdequate imA Hydrant Locatlo;v Adequate InaC¢o�atc Sri Siamese Location Adequate 111a0equ:ate, /NJA Fue Lanes Required Yes No jet/A Plan Approval Status Approve Lor.?r snts Signature! Review_.: L'y. R:_rmLii __-._. J, rltie ` `JI•i� _ Date f„�i �\• I l�' VA 22656 E • 0 • •) COUNTY ofFREDERICK Department of Planning and Development 540/ 665-5651 yP •S �/ Fax: 5401665-639.5 August 22, 2018 Mr. Matthew Gambino Mrs. Carrie Myers 233 Burnt Factory Road Stephenson, Virginia 22656 RE: Request for Historic Resources AdAsory Board (HRAB) Comments Conditional Use Permit —Special Event Center 233 Burnt Factory Road, Stephenson; PIN# 55=A-152 Zoning: RA (Rural Areas) District Dear Mr. Gambino and Mrs. Myers: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced Conditional Use Permit application during their meeting on August 21, 2018. The HRAB reviewed information associated with the Rural Landmarks Survey, information from the Virginia Department of Historic Resources (VDHR) and information provided by the Applicant. This application seeks to operate an event center at 233 Burnt Factory Road, Stephenson. This property is within the Stonewall Magisterial • District. Historic Resources Advisory Board Comments: The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, does not identify the site or the surrounding areas as being part of a core battlefield. The Virginia Department of Historic Resources identifies one mapped property located on the subject property DHR #034-0704 - Smith Farm/Brumley House. After reviewing this information and the Applicant's materials and proposals, the Historic Resources Advisory Board (HRAB) recommended approval of the Conditional Use Permit as presented. The HRAB further encouraged the Applicant to have the property documented to see if it's eligible for the Virginia Landmarks Register or the National Register of Historic Places. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 0 cX co CONDITIONAL USE PERMIT #09-18 Carrie Myers & Matthew Gambino - Special Event Facility Staff Report for the Planning Commission w Prepared: September 11, 2018 „R°N< Staff Contact: M. Tyler Klein, AICP, Senior Planner 1IJ8 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. • Page 2 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) South: RA (Rural Areas) East: RA (Rural Areas) West RA (Rural Areas) Use: Residential Use: Vacant/Agricultural Use: Agricultural/Residential 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: Vir1linia 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. 11 • 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 Al17.1-09 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 • 0 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 0 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. 0 Application Parcels Sewer and Water Service Area Future Rt 37 Bypass MH1 (Mobile Home Community District) 265 530 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 1,060 Feet Map Created: Auaust 24, 2018 ..� r 1 377 r 405 .. �. r 367 PINE RD 41 7 B RM F?rY. PINE�RD L., �' �. PINE RD FACi_OR RD 23 4 BU 263 433, PINE RD}^� 295 ..;�4: 395 FACTORY RD BURN' `�•?'PINE RDA•` G BUR FACTORF 425 433 FA • .� y D • ,� .i@,- .4- -.- PINE RD PINE RD il`3 .' " "r:717.' -. ,.• R 4' i'�'' �,c"'... ?.. 451 'w , 385 f . v x PINE RD' —473 `y.BURM i ` - f - FACTORY RD i= PINE RD ..' y 4� r..?b .380 , ! 55A 152 '�Bl1RNTA:_ ,. FA,CTTORRYY RD . 83 ti S: 1OOD LNG. 197 STEEPWOOD LN 1 'FACTOR 'r RD PVJOOD LN 2621 BERRYVILLE s5A 1;l O . PIKE `K l7l:AJ WVV-UV 2663�" ?597 BERRYVILLE ° - \ 151 ,�j=�'- �.•\•���^'y\ RYb .!E` PIKE y .ay7ia�F _ �� BUR 'IK Ex 1'�Sg_ FACTORY RDy �/.. ..� BURN? FACTORY RD BERRY �!♦'�'� • r ' BERRYVILLE PIK - PIKE -'2682 2432 BERRYVILLE112. BERRYVILLE PIKE PIKE 1.2708f .Y718 *� BURNT RFRRY.V IIIF FACTORY RD r• �. • i Submittal Deadline 8 2'; 1 I P/C Meeting i t k BOS Meetingv APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (check one): Property Owner Other NAME: CC�rr�� I�ytfS ADDRESS: Z33 3,,r,,k FackA"4 YN ZZl/SSP TELEPHONE:Avg- a -::9 - 34 00 2. Please list all owners, occupants, or parties in interest of the property: Mai! ,..j ('�nlO►moo 3. The property is located at: (please give exact directions and include the route number of your road or street) 2 3,3 1. xnk Era clonj LA 'SkC p�ensan V A Z2la SCc 1-VIC OrnptAq i S Jf rr IIf's e4o-n 9.A 1"69 -Crom 9,+ 1 UMA, Q1-f)AEAj 40^1�& t IS On AIA 14A ( The property has a road frontage of 3 , 3 `j I . `6 I feet and a depth of I h g � p feet and consists of leg acres. (Please be exact) The property is owned by J &, JA , (%rA'0Ao as evidenced by deed from „, . Sal.n Mr A kk%sk r, (previous owner) recorded in deed book no. t/SI on page S()! , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 0 Property Identification Number (P.I.N.) Ss -A- I say SS-A-151 . 5ss--A- Isi A Magisterial District Current Zoning 5 PLANNING, ALNO NT E 9 ( 7.) Adjoining Property: USE ZONING North 0 (�`I,��,.v�c'� 7�01( 0 East _ r� - �. ins `1 I�oa� NA-, �.c� � t2�. (rS`i South West hr-;�,D.✓1�e�� �U tsir.�_ILt_ } (ZeS�c�,.� tc�Q 8. The type of use proposed is (consult with the Planning Dept. before completing): S (-IA z c V-6A,,,r s/ 71/ 9. It is proposed that the following buildings will be constructed: Q10, f ���r IL,�ttl rJ ca �rtscr� 1, V—��Q/a� I . 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These neonle will be notified by mail of this anblication: Name and Property Identification Number Address Name S{-��1.cv.5on YA 22&, Le Property# A Name 06cfAe tiV t���e Slt V A 2-Z L,bq Property # /� 1W paerty v� ��.� v �t. In ll�. ��i,vtn' 22-q I,jc,A t �c ��t�r�� 2c�. ��.cw5a�� V ik Z2 ia5� S-- A_ ISy Name t✓�� t-p s- \),v-,e �Zej- C'n v i� 2,2 LIB Property # .5 5 ' 1� - I'-�S._ i -A- i3'� Name (a to 3 �e�� �v.11� V'K� W111c,U' zAe V Z Z f 1b3 Property # J A Ll (.o Name L-ra ..son q G 5 ��"� 5� . N r L.�nc�c� V A 22) 6 Z Property # i -A b Name Zr' G v, kAC v' \ c - n j Sl¢ Ft�zr.Aon e &�, VA 22,U5`Q Pro ert # p Y C. • Name and Property Identification Number Address Name 'Detil.`cA 1Av`it�lp Cl�etles kvw,, �1L� Pufte, NvAt-(- VA 2 6I,32 PropertyA 1 Name Fe,.,V A Z.2-63 1 Property # gS - A 1L1.• Name - rnc.�,w r 2Uti� bc'S�� FL 3 2 1 b'L Property paert— ✓ rn h k � 16d do v� Y- V-01 SA v P k e vtistm V A �iZLe $-( p 5"5 - A --1 . '� ��. Name '�Ica ��✓ �v� C c VI e- t'/ S I iht 2eri. S-�t�J�ensvr VA -,I2-I-'SY Property# SS -'A - 13 1 NJj 5S A-13" (? Name 17-e,)oreNN 1� �� q33 'ilih� Resl. -(.e�VA 2%"Lees � Property# - e A _ 1��' Name ���\\�e,vv, a eaaf v �1�L� 14.1 ��vi� 12c.�. VA 22 ds ,ALP Property # Name u LJ L((5 i ►S �v�e �L 3 r" V A Z%La� ep Property # �- -, - 1 �' j Name ��ea i e C9&4,je Property #� Name � � �,�e z ,� �(�'��- �,ri-t t2c(. VA ? `2,Le S ;, Property # Name Ellwood Patterson 253 Poorhouse Rd Winchester, VA 22603 Property# 55-A-137B Name Property # Name Property # Name Property # • 11 F:ajQ f ,41.. ,. 6y:5 AT NAv Np / I A [J.« Please use this page for your sketch of the property. Show proposal And/or existing structures on the property, including measurements to all property lines. 'Po NI a -0 I ���GAm 4rro 1 GaR� �'iR3 S6-A- �siq "TRW 480000 SBB �•ar-rbscAte Scanned with CarnScanner 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Z3-A FaQej Sked,,rr san VA 22LS1y Owners' Telephone No. 30y — TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 0 i • Four Chimneys at Magnolia Hill Event Venue 233 Burnt Factory Rd, Stephenson VA 22656 Conditional Use Permit General Overview • The -proposed use of the outdoor property is for an event venue to host weddings, etc. • Tents may be used in the event of weather considerations. • Events will begin in spring of 2019 • All events will require the use of portable restroom facilities; no additional septic system will be necessary. All portable restrooms will be situated so as not to be seen by adjoining property or the roads. The distance of useable area for portable toilets is quite a distance from any other property of Pine/Burnt Factory Rds. • The entrance to the property is private and paved. No other residents of the area use this access drive. • Currently, paved and gravel parking areas will accommodate 25 vehicles. Additional gravel parking areas will be built to support parking for 75 additional vehicles (shown on the sketch of the property). • 200 attendees is the maximum number of people at any event. • There will be no permanent cooking facilities on the property. Any food preparation will be via catering trucks, cook out style, or off -site preparation. • There will be no alcoholic beverage sales on site. Any alcoholic beverages will be provided (not sold to attendees). • There are no identified historic or archaeological resources on this site. • Four Chimneys at Magnolia Hill is currently in forestry management use. We -hope to generate enough revenue, through hosting events, to encourage the preservation and growth of the pine and walnut groves on the property. While the house is not on the historic registry, it is a beautiful example of Federal architecture and we also hope to use income from the event venue to maintain it for the future. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS 6�A Virginia Department -of Transportation Mail Virginia Department of Transportation Attu: Resident Engineer 41 14031 Old Valley Pike 9"°� a': Edinburg, Virginia 22824 Hand deliver to: Virginia DeVartment of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 °rhe local office of the Transportation Department is located at 2275 Northwestern Pike in inchester if you prefer to hand deliver this form. A °pplicant: It is your responsibility to complete this form as accurately as possible in order to assist the "ency with their review. Also, please attach two (2) copies of your application form, location map and pertinent.information. Applicant's Name: llxft L �kq-Cr5 Telephone: 30ti-;p-49- 3400 Mailing Address: n VA -2t,54 Name of develonment and/or description of the request: Location of Pronertv: Virginia Department of Transportation Comments: VDOT Signature & Date Notice to VDOT - Please Return *rm to Applicant 10 From Carrie Myers -arrlel07@gmall.com >ubjec' Fwd: Four Chimneys at Magnolia Hill Event Venue CUP - Route 659 , Frederick County DatE May 3, 2018 at 10:34:52 AM Tc fourchimneysatmagnoliahill@gmail.com ---------- Forwarded message ---------- From: Smith, Matthew < Matthew. Smith @v t.virgini gQv_> Date: Wed, May 2, 2018 at 2:58 PM Subject: Four Chimneys at Magnolia Hill Event Venue CUP - Route 659, Frederick County To: carrie107@gmaii.com Cc: tklein@fcva.us, Matthew Smith <matthew.smith@vdot.virginia.gov> COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Ne have reviewed the subject Conditional Use Permit Application received April 18, 2018 for impacts to the transportation system. Our comments are as follows: 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. A engineered Commercial Entrance site plan would need to be submitted to VDOT for review and approval detailing necessary upgrades. 11 0 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. We appreciate the opportunity to provide comments on this Conditional Use Permit Application. If you have any questions, please do not hesitate to give me a call, Thank you, Matthew B. Smith, P.E. Area Land Use Engineer VDOT - Land Development Clarke. Frederick. Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 M. Commerc... 3.1.12.pdf 218 KB Scanned ... Xerox.pdf 622 KB 46 RE&VED REQUEST FOR CONDITIONAL USE PERMIT Frederick County Inspections Department Mail to: Frederick County Inspections Department 107 North Kent Street, 2°a Floor Winchester, Virginia 22601 (540) 665-5650 Hand deliver to: Frederick County Inspections Department Attn: Building Official 107 North Kent Street, 2°a Floor Winchester, Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: �� � Nly��r5 Telephone: 364- �)19-3L/66 Mailing Address: Z3-3 S��n 5cm V 14 22 LS� Name of development and/or description of the request: , Location of Property: Rex, Isv Building Official's Comments: Building Official's Signature & Date: 01 6, Notice to Inspections Department - Please Return This Form to the Applicant 12 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. 0 6) 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, r:aincluding ANSI Al 17.1-09 approved restrooms. Final inspection/approval required by Frederick County Fire Marshall's Office. LORD FAIRFAX HEALTH DISTRICT April 16, 2018 10 9 Lord Fairfax Health District Frederick / Winchester Environmental Health 107 North Kent Street - Suite # 201 Winchester, Virginia 22601 Tel. (540) 722-3480 - Fax (540) 722-3479 www.vdh.virginia.gov Agency Comments: VIRGINIA DEPARTMENT VIDHOF HEALTH Protecting You and Your Environment This Health Department has reviewed the request for comments for a Conditional Use Permit to host wedding events on property located at 233 Burnt Factory Rd. S, tmbenson, VA 22656• Tax Map #: 55-A-152. Based upon information provided b t�pplicant, 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. Agency Signature: � A ���� Date: F� Title: (� \-, -S v NOTICE TO AGENCY —PLEA; 'E RETURN THIS FORM TO THE APPLICANT) REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Fire Marshal 'Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540)665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive :Vinchester. Virginia •_'-plicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and ! all other pertinent information. .. _ _ .: � arrte: - - Jx4, `11-t :Flailing Address: 233 La-nA� • _ --� c- <<evempment anwor aescrinnon of the request: ijtuv n ov Vronerrv: S iSc - LL 4j= c-t .1^. Kcl Q t+*q,,y� n .�yV A 21 uS 4' Fire Marshal's Comments: ii Fire Marshal's Signature & Date: s/;-Ifk Notice to Fire Marshal - Please Return This Form to the Applicant 1 4 Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester. VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: fmoCMfcva.us Plan Review & Comments Date Received 4/13/2018 Plan/Permit Type Name Carrie Myers Address 233 Burnt Factory RD Project Name Applicant Name & Number RE# Permit Number Conditional Use Permit 04-13-18 Wedding/Event Venue Carrie Myers 304-279-3400 Stephenson Emergency Vehicle Access: AdeAuate Inadequate N/A Hydrant Location: Adequate Inadequate WA"' Siamese Location: Adequate Inadequate ,N/A Fire Lanes Required: Yes No N/A Plan Approval Status Approve Comments Signature: Reviewed By: Kenneth Scott, Jr. Title: Date Reviewed 5/2/2018 VA 22656 11 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 August 22, 2018 Mr. Matthew Gambino Mrs. Carrie Myers 233 Burnt Factory Road Stephenson, Virginia 22656 RE: Request for Historic Resources Advisory Board (HRAB) Comments Conditional Use Permit —Special Event Center 233 Burnt Factory Road, Stephenson; PIN# 55-A-152 Zoning: RA (Rural Areas) District Dear Mr. Gambino and Mrs. Myers: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced Conditional Use Permit application during their meeting on August 21, 2018. The HRAB reviewed information associated with the Rural Landmarks Survey, information from the Virginia Department of Historic Resources (VDHR) and information provided by the Applicant. This application seeks to operate an event center at 233 Burnt Factory Road, Stephenson. This property is within the Stonewall Magisterial District. Historic Resources Advisory Board Comments: The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, does not identify the site or the surrounding areas as being part of a core battlefield. The Virginia Department of Historic Resources identifies one mapped property located on the subject property DHR #034-0704 - Smith Farrn/Brumley House. After reviewing this information and the Applicant's materials and proposals, the Historic Resources Advisory Board (HRAB) recommended approval of the Conditional Use Permit as presented. The HRAB further encouraged the Applicant to have the property documented to see if it's eligible for the Virginia Landmarks Register or the National Register of Historic Places. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 WWW.NHLAMSONLAW.COM NORMAN HUNTER LAMSON NLAM50NOATTNY.COMCASTBIZ.NET ATTORNEY AND COUNSELLOR AT LAW 405 8TH STREET, N.E. CHARLOTTESVILLE, VA 22902 (434) 979-8159 FAX (434) 979-8152 October 2. 20 18 M. Tyler Klein, AICP, Senior Planner Frederick County, Dept. of Planning & Development 107 N. Kent Street, Suite 202 Winchester, VA 22601-5000 Re: Conditional Use Permit Application 409-18 for Carrie Myers & Matthew Gambino Dear Planner Klein, I write in response to your Notification of Public Hearing regarding the above. dated 9/26/18. I also received your Notification of Public Hearing dated 9/5/18, but press of business has prevented my responding until now. I own the land adjoining the Myers and Gambino tract, PIN 55-A-152, to its immediate west, namely. PIN 55-A-140, which has been in the Lamson family since the 1960's, and object to the application for the reasons herein. I intend to be present at and speak in opposition to the application at the 10/10/18, 7:00 p.m., Board of Supervisors' hearing. I am an eyewitness to or otherwise have personal knowledge of the factual assertions herein unless indicated otherwise. THE APPLICATION SHOULD NOT BE GRANTED BECAUSE THE PROPOSED USE ADVERSELY AFFECTS THE HEALTH AND SAFETY OF NEIGHBORING RESIDENTS AND ADVERSELY IMPACTS THEIR PROPERTIES. 1. My father, George H. Lamson, and his wife, Rosemarie B. Lamson, she being my (now deceased) mother, acquired a 90-acre tract of land from H. P. Starliper and Margaret E. Starliper, his wife, by deed dated April 5, 1963, a copy of which is recorded in the Circuit Court Clerk's Office in Deed Book 287, page 318. 2. H. P. Starliper was a true farmer. 3. lie had plowed the bottom land in corn. and reaped the corn. 4. There was at that time a barn and horse paddocks on the property. 5. lie had a palomino horse and pinto horse that grazed on the land, as well as a foal (horse younger than one year). • 6. He also on the side did auto mechanical repair work on the land, and I remember many trips my father would make to him for vehicle repair of his Chevrolet Impala that reached over 200,000 miles. Old Man Starliper used to say, "Drive it until it stops in the middle of the road." 7. I could be mistaken, but believe his wife may have been on the County Board of Supervisors in former times. 8. My father's primary intent was to use the land as a residence and raise a family. 9. I remember catching my first bass out of the pond, and fishing for trout in the Red Bun Ruh. 10. In the summer, at night, we would sleep on the outdoor porch. 11. I remember my father painting and otherwise fixing up the house. 12. However, unfortunately, my mother, who had been living in Washington, D.C., did not like country living, and didn't want to live there. 13. The result was the property was vacant. 14. I can't remember the order, but either the barn or paddocks burned first, and then the other burned. 15. I don't remember details, but recall hearing it was believed that the fire may have been started by a hobo using the barn or paddocks to spend the night tossing a cigarette. 16. Afraid the house itself might burn or otherwise be damaged, my parents decide to draw a dividing line, dividing the 90-acre tract into a 45-acre tract containing the residence, the driveway, and the pond, and sell such, retaining the westerly part as a 45-acre unimproved tract. 17. They sold the property to Leonard H. Jarvis by deed recorded in said Clerk's Office in Deed Book 320, page 385. 18. My father died first, leaving the unimproved 45-acre tract to my mother; she became unable to live independently, and moved into my residence in Charlottesville; she and I traded the 45-acre tract for my house. Also, she left all her property to me as the sole child in her Will. 19. From the time of the conveyance to Jarvis forward, including acquisition by a medical Doctor, Dr. John McAllister, the off -conveyed 45-acre tract has never been used as a farm. 20. My father would some time wistfully say, "The Starliper tract was good enough for Winchester's richest neurosurgeon, but not for Momma." 21. Evidently, the applicants have acquired the off -conveyed 45-acre tract with buildings, and are now its owners. 2 22. The Meyers and Gambino acquisition occurred on 6/1/2017 (see attached) within weeks of the 5/24/17 amendments to the zoning ordinance that opened up land in rural areas to special events facilities by conditional use permit. 23. It is evident from online views of their property and assessment records, a tennis court has been put on their property (see attached). 24. There is nothing in their application herein that states either is a farmer or has ever been a farmer. 25. I myself have used it for forest growth, but it also has always been used for permitted hunters. 26. Almost immediately after the sale, H. P. Starliper's son, Richard Starliper, who lived north of Pine Rd., asked for, and was granted hunting privileges. 27. Quite often, my father and I would run across him with his bow and arrow, deer hunting. 28. Further, I have from time immemorial allowed Don Maxwell and his sons use of the property for hunting purposes. 29. On the same day I received notice of the Bd. of Supervisors hearing, 9/28/18, I received a letter from a realter dated 9/25/18 expressing a desire for a listing to market the property to those desiring to use it for hunting (attached). 30. Further, while I have not sought to develop it for residences, single family homes are a "permitted use" for these districts, and I may one day want to put single-family homes on my tract. 31. Under § 165401.03, Conditional Uses, in RA Rural Areas Districts, "The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the use:... Special event facility. [Added 5-24-2017]." 32. The said 5/24/17 amendments included the addition of the word "Special Event Facility" to the definitions in § 165-101.02 Words and terms set forth below shall have the meanings ascribed to them.... Furthermore, for the purpose of this Zoning Ordinance, certain words, terms and phrases are herein defined as follows:... SPECIAL EVENT FACILITY 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. [Added 5-24-2017] 33. Under Part 103. Conditional Use Permits, § 165-103.01, Certain uses in each zoning district are listed as being allowed with a conditional use permit. Because of their particular nature, such uses must be separately considered to protect the health, safety and welfare of the residents of the County and to avoid adverse impacts on surrounding properties. B. The Board of Supervisors shall approve or disapprove, as a legislative function with recommendation from the Planning Commission, requests for conditional use permits. and § l 65-103.02. Standards. In considering whether to approve a conditional use permit, the Board shall consider the following standards: A. The conditional use shall not tend to change the character and established pattern of development of the area of the proposed use. B. The conditional use shall be in harmony with and shall not adversely affect the use and enjoyment of surrounding properties. C. The conditional use shall be in accord with the polices expressed in the Comprehensive Plan of the County and with the intent of this chapter... 34. I contend the above standards have not been met for this application. 35. First, the size of the proposed facility, 45 acres, simply is too small to qualify. 36. While the application lists "69 acres" as the acreage involved, an inspection of the application reveals that the 69 acres consists of the 45 acres (which lies north of the Red Bun Run) plus a 5-acre tract and 19-acre tract that lie south of the Red Bun Run. 37. Common sense tells one that the proposed use will have an adverse impact on my land for residences or hunting. 38. The proposed use is for outdoor use only "All events would occur outside/tented." Anybody knows the noise of a wedding reception with allowed 100 parking spaces and up to 200 guests, plus hands-on employees, will adversely impact such uses. 4 39. People at an outdoor wedding simply are going to be loud, especially if they have been drinking alcoholic beverages. The proposal calls for them bringing alcohol to the site. 40. They will chant, sing ("For He's a Jolly Good Fellow") and be boisterous. One doesn't have to watch the song out of the Broadway Musical May Fair Lady, "Get Me to the Church on Time" to know that. 41. Further, there is a proposal for amplified music. 42. Amplified music carries. I know it from living in Charlottesville where if the University of Virginia students host an outdoor band many miles away the noise will prevent one from going to sleep, and, if asleep, will wake one up. 43. There are houses all along the north side of Pine Rd. How can people, especially small children who need to go to bed early, sleep with the noise from an outdoor wedding party on such a small tract drifting their way, the proposal being it go until midnight? 44. For hunters, the noise will drive the game away. 45. Further, the sound of occasional gun shot but within a football field of a party is likely to panic guests. 46. Plus there will be the noise of car doors slamming shut, motors being started, honking of car horns, dogs barking (most such facilities are "pet friendly", and this will occur when one guest brings his dog on a leash and another brings his dog, and the 2 dogs see each other), etc. 47. Further, the proposal is to allow birthday parties as well, and these are likely to be noisier than wedding parties, potentially involving teenagers playing rock music. 48. Granting this permit will "change the character and established pattern of development." All the development has been in residences. 49. The use must be in "harmony" with surrounding properties, but it simply is not. 50 Let us look at some examples in Virginia of Special Event Facilities. First, there is Woftrap Farm, Gordonsville which consists of 600 acres with a maximum capacity of 200 guests (see attached) or the following link: https:/'/www.weddingwire.com/bizlwoiftrap-fann- t:ordonsvil le/?ad7d3c02d777688.htinl. 51. Then there is The Barns of Madison County, which has 300 acres with a maximum capacity of 100 (see attached) or the following link: https://tiww.weddingwire.conubiz/the- barns-of-madison-county-etlan/53a29be886ffdt25.htmi. 52. There are several such facilities on golf and country clubs, which necessarily are tracts of large acreage, including Stonehenge Golf & Country Club, Richmond, VA, and • • Independence Golf Club, Midlothian, VA (see attached) and following links: bans://N4xyky.weddinawire.conv`biz'stonehence-,,olt-country-club- richmond'e5cOb 1496944d 3e4.html (Stonehedge) and litips://wwlv.weddinc%kire com/bizjittdependencC-eolf-club- midlothian/al b5ca0c9fa4191 c.html#about (Independence). 53. Keswick Vineyards, outside of Charlottesville, is a 400 acre estate (see attached) or the following link: http:!/www.keswickvinevards.com/?method=pages showPage&Pai!e1D=8CA31123 AA '�9 D'-'96-E83'_-B67A577BB595&ori«inalMarketingLIRL =about-us/bio€raphies. Others can be accessed by going to w ww.weddin xvire.com. 54. Further, under the Comprehensive Plan, a Strategy is, "Focus new residential growth within the Urban Development Area (UDA)." (p. 6), and a Goal is, "NEW RESIDENTIAL DEVELOPMENT SHOULD BE FOCUSED WITHIN THE URBAN DEVELOPMENT AREA (UDA)." (p. 11). 55. The instant properties are within the UDA, and approval of the application will retard residential growth in that area (there already is public sewerage under Pine Rd., see attachment, but public water has not come yet). 56. Said document also states, "Historically, the County has taken great care to allow residential land to co -exist with agriculture uses." (p. 11).1 57. I feel the character of the whole neighborhood will be changed in a deleterious way if the application is approved. For the foregoing reasons, I ask it be denied. If there is other information I can provide, please feel free to contact me. Respectfully sub tn*tted, by email to tkleinra.tcva.«s normanhlweddingsltrplancomm 1 The instant application does not involve a land engaged in "agritourism" because there is not proposal for a use on a farm or ranch. "Agritourism takes place on a farm or ranch and may include the opportunity to assist with the day to day activities associated with running the farm or to participate in the use of these lands for outdoor related events or activities." Comp. Plan p. 31. See also the definition of Agritourism in the Zoning Ordinance. 0 Property Record Card • 11ttps://taxes.coderick.va.us/applications/Propei•tyCards/15857 Lump Sum or Per Acre: Unit Value: Adjustment Percentage: Utility Value: Acreage Value: Per Acre 6,800 0.00 $129,200 Area: 0 Unit: Rate: 0.00 Value: Total Value: S129,200 Other Improvements (Map#: 55 A 151) TOTAL VALUE: Sales Information (Map#: 55 A 151) Sales Date: _ 1/22/2018 Sales'Pr-ice: _ -- Instrument: 18 0000588 Grantor: _-GAMBINO MATTHEW G # of P,ireels: _-----r""` Transaction History (Map#: 55 A 151) .Sees Dat • — Grantee: MCALLISTER, JOHN E. & JAN # of Parcels: Sales Date: 03/11/2004 Sales Price: Instrument: 04 0004087 Grantee: MCALLISTER JANE P # of Parcels: Date: ale 06/01 /2017 Sales Price: - $9000- Instrument: 7 000547T Grantee: _ GAMBINO MATTHEW G # of Parcelg.l- 9/29/2018, 2:51 1 I Property Record Card • https://taxes.ctoderick.va.us/applications/PropertyCards/1585f Unit Value: 5,400 Adjustment Percentage: 0.00 Utility Value: Acreage Value: $237,600 Area: 0 Unit: Rate: 0.00 Value: Total Value: $301,100 Other Improvements (Map#: 55 A 152) Description: PAVEMENT Total Square Feet: N/A Improvement Value: $6,000 Description: GARAGE -CINDERBLOCK Total Square Feet: 1,600 Improvement Value: $24,000 Description: BUILDINGS-MISC Total Square Feet: 640 Improvement Value: $1,280 Description: TENNIS COURT Total Square Feet: 7,200 Improvement Value: $14.400 Description: SHELTER Total Square Feet: N/A Improvement Value: $300 TOTAL VALUE: S45,980 Sales Information (Map#: 55 A 152) Sales Date: 1/22/2018 Sales Price: Instrument: 18 0000588 Grantor: GAMBINO MATTHEW G # of Parcels: 3 Transaction History (Map#: 55 A 152) Sales Date: 00/00/0000 Sales Price: $62,500 Instrument: 398 / 162 Grantee: MCALLISTER, JOHN E. & JAN # of Parcels: Sales Date: 03/ 11 /2004 Sales Price: Instrument: 04 0004087 9/29/2018, 1:54 1 • • Mr. Norman E. Lamson 405 8"' St. NE Charlottesville, VA 22902 C mber 25, 2018 Mr. Lamson, 6044 et" //1 ( WinPlease let me introduce myself. I am the Broker/Owner of Cedar Creek Real Estate, based in chester, Virginia. I have been listing and selling real estate in both Virginia and West Virginia for the past 23 years. I have had a niche business in marketing land and vacation/weekend cabins. I have done a fair amount of business in the outlying areas of Frederick County, VA. From local public records, I noticed that you have 45 acres off Pine Road, east of Winchester, VA-1 I have had several similar properties listed in the recent past that have received a great deal of i6terest. I have come across potential buyers that have a Y desire for these count properties, either for weekend farming, family compounds and also for hunting privileges. Please let me know if there is any desire for you to have your property marketed for sale. I don't mind preparing a comparable analysis to see what your land might sell for. If you are no longer making use of the property, this may be a good time for considering placing the proceeds somewhere else that you may desire. Property values have leveled off somewhat, but real estate taxes continue to increase. I still have buyers that are looking for larger parcel land purchases. Thank you. I look forward to hearing from you. Respectfully, ,t 4bT- "Ayn Beightol III Broker Cedar Creek Real Estate 2300 STONERIDGE ROAD, WINCHESTER, VIRGINIA 22601 E. LYNN BEIGHTOL III, BROKER/OWNER EMAIL: I nnbei htolQgomcast.net WWW. cedarcreekva.com 540-667-1130 OFFICE 540-662-2816 FAX CELL 540-323-0513 LICENSED IN VIRGINIA and WEST VIRGINIA klulltra='ate - Venue - Gordonsville, V*eddingWire https://www.Akingwire.comibizjwolftrap-fann-gordonsvilie/ Wedding Venues > Virginia Wedding Venues > Richmond Wedding Venues Wolftrap Farm t'#*#* 15 • Write a Review fi 17379 Wolf Trap Drive, Gordonsville, VA 22942 540.318.1248 • Visit Website • Message Vendor C% Favorite K3111 Hired? FAQ 15 Reviews 30-200 b Outdoor Availability 4.9/5.0 Guest Capacity Venue Setting Check Your Date(s) About Wolftrai Farm 60Q- cre korse Farm; Magor House and 6 Luxury Cottages On Maximum Capacj2y/ Site , 200 Welcomefends and family to your wedding on a huge horse an cage farm with mountain views. Wolftrap Farm in Gordonsville, Event Spaces: Virginia hosts over 60 weddir�,gs_.each year, using its barn/pavilions to host receptions for up to 180 guests. The farm also includes 7 Type: luxury vacation rental homes, making it an ideal venue for gathering Barn, Farm/Ranch family and friends for the week -end. Style: 1of13 9/29/2018. 2:33 1 i by Barns of Madison County - Venue - EtlaWeddingWire https://www.weddoire.com/bivthe-barns-of-madison-county-et... Wedding Venues > Virginia Wedding Venues > Richmond Wedding Venues M The Barns of Madison County * 2 • Write a Review 516 Hughes River Rd., Etlan, VA 22719 703.828.0551 • Visit Website • Message Vendor �/ Favorite 151 Hired? e About - 2 Reviews 0 $4k-$4k `A' 0-100 Mn Availability 5.0/5.0 For 100 Guests Guest Capacity Check Your Date(s) .. About The Barns of Madison County The perfect wedding mountain getaway with breathtaking views! Maximum-Car� Are you searching for the perfect barn venue with spectacula 100 Event Spaces: mountain views that offers lots of charm and character? We a fit for you! Nestled near the foothills of the Blue Ridge Mountains, 2 The Barns of Madison County offer breathtaking views providing a gorgeous backdrop for all your wedding photos. We have over 300 v Type: acres, with 2 authentic barns originally built in the 1800's on the Barn property. Our charming red barns allow you to customize the rustic Style: wedding of your dreams! We truly are perfect mountain getaway for Rustic/Country, Unique, I of 9 9 29 2018. 2:20 PM '.ioneuen:,e Golf & Countr}' Club - Venueohmond, VA - Wedd... https://www.wagwire-com/biz/stonchenge-golf-country-club- Wedding Venues > Virginia Wedding Venues > Richmond Wedding Venues Stonehenge Golf & Country Club ***** 7 • Wrlte a Review 1000 Farnham Drive, Richmond, VA 23236 804.767.1041 • Visit Website • Message Vendor Favorite 131 Hired? About 7 Reviews irr 1-200 A 4.8/5.0 Guest Capacity Indoor/Outdoor Venue Setting About Stonehenge Golf & Country Club Stonehenge Golf & Country Club has a charming rural feel, though conveniently located to the heart of Richmond and surrounding urban areas. m M Availability Check Your Date(s) .. Maximum Capac�y--'' �! 200 Event Spaces: 6 We take pride in offering complete, personalized catering services. Type: We offer one of Richmond's best facilities for hosting weddings, Ballroom, Banquet Hall, luncheons, bridal and baby showers, rehearsal dinners, business Country/Golf Club 1 of 9 9/29/2018. 2:23 P1 Independence Golf Club - Venue - MOW.. VA - Wedding Wire https://ww*ddingwire.com/biz/independence-golf-club-mi Wedding Venues > Virginia Wedding Venues > Richmond Wedding Venues Independence Golf Club Ii {� 16 • Write a Review 600 Founders Bridge Boulevard, Midlothian, VA 23113 804.818.6842 • Visit Website • Message Vendor ,. Favorite 951 Hlred? 1 ; About 7 `? 16 Reviews '' 50-250 4.6/5.0 Guest Capacity About Independence Golf Club A Indoor/Outdoor Venue Setting EM Availability Check Your Date(s) .. A country -club themed wedding venue in Midlothian, Virginia, Independence Golf Club is the perfect choice for couples wishing t wed in style. Independence Golf Club is located approximately five minutes from Michauk Creek. Established In 2013, the venue blends Event Spaces: historic Jeffersonian architecture with vibrant contemporary design. 300 Independence Golf Club Is ideal for couples looking for a Type: memorable occasion! Country/Golf Club Maximum Capacity: 250 Facilities and Capacity Style: Modern Couples may host their ceremony and/or reception in an event / space that accommodates up to 250 guests. `% Setting: Indoor, Uncovered Outdoor Services Offered Independence Golf Club provides couples with an event planner to More Details I ul 7 9/29; 2018. 2:1 ick Vine) ards - Biographies • http:,,www.kesweineyards.con,?method=pages.showPageR Pa... Your Account Log In Cart 0 items: $0.00 Home About Us Wines Wine Club Weddings Al and Cindy Schornberg: Ownervisit Us After six years of searching the country, Al and Cindy Schoenberg finally settled on the Edgewood Estate in Keswick, Virginia as their new residence. "Since we didn't move because of a job relocation, the entire country was open to us," says Cindy. In moving from Holly, Michigan, the Schornbergs sought a desirable place to raise their children and a milder climate, particularly one that was well suited to grape growing. When Al Schoenberg moved to Virginia, he left behind the hi -tech corporate world he created in Michigan and traded it for the lifestyle he had dreamed of since childhood — as a vineyard owner. Having been an entrepreneur most of his adult life, Al was looking for an area that offered the excitement of a burgeoning wine industry. He found that potential in Virginia. Al recalls his grandfather's I of 10/2/2018. 12:05 PM Keswick Vineyards - Biographies • littp://'Www.kes*iiicyards.com/?iiietliod=pages.show Page& Pa... something very natural and satisfying about that." With the Southwest Mountains as a backdrop, the vineyards at Edgewood Estate create a truly picturesque landscape. In the evenings, At, Cindy a R�youngest children can be found enjoying a nightly stroll through the vineyards of tin r 400-acre estate. hey can also be spotted on the second story porch of their old a r home w chin over the rows of vines. Al and Cindy's oldest daughters also enjoy this wine country lifestyle and reside nearby. Upon purchasing the estate vineyard, the Schornbergs decided to dedicate themselves to producing the best wines in Virginia. The Schornbergs spared no expense in installing top-quality winery equipment, irrigation and root wells. Al and Cindy's ultimate goal is that within ten years, Keswick Vineyards will be considered one of the finest wineries in the country. Al still holds on to the vision that he has made a reality: the image of himself sitting under an olive tree and sipping his own wine. Just as Jefferson once did at nearby Monticello and as did Al's grandfather in France, AI is making wine and living his dream. Stephen Barmtrd: Winemaker and Vineyard Manager Stephen started working in the wine industry at Groot Constantia Winery, the oldest winery in South Africa, as a pourer and tour guide. Through various courses of events he managed to find a position in the cellar as a cellar worker and then eventually became the assistant winemaker there. He studied Enology and Viticulture at Elsenburg Agricultural College. Upon completion of his studies Stephen became the assistant winemaker at Flagstone Winery where he worked exclusively with red wines. Through the Ohio State Internship program he came to Virginia in 2002 and joined Keswick Vineyards as an intern and held that position until May 2004 when he took the position of Winemaker at Rappahannock Cellars. In June of 2006 he re -joined Keswick Vineyards as the Winemaker. Stephen's philosophy for winemaking is minimal intervention. He prefers to focus on the vineyard to -' °t ' 10,12/2018, 12:05 PM Keswick Vineyards - Biographies http: /w,kN ,N.keswoneyards.com/?method-=pages.show•Page&Pa... harvest. Keswick Vineyards is committed to producing world -class wines and are now seeing the potential Virginia, as well as Keswick Vineyards, has to offer. Biographies History Join Our Team News f® �� 0 Sign up for our mailing list Email Subscribe Ii05Cop09rA2018Keswick\AJWt9US Wines Wine Club Weddings Visit Us Privacy Policy [Vinery Dr. Biographies A%erds & V1Ane Club V*dding Tasting Room Terms Of Use k c-si i<k; VIrjinla Accolades Information 22q.t" History Barrel O%ners Groups & Private Wine Club Buy Online Club V✓edding Bog Events -'t'4 =-t-r 3-rr Join Our Team Neer IMnemakrng Consensus Contact Keswick 1Mnemaker's Blog Contact Summer Passports assports Proud MOmber of vWnery Events I ttii cti ntist:R Winery Ecommerc , by WineDirect 3 of 3 1022018. 12:0S PM 0 CURVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 84.50' 605.00' 1 42.32' 84.43' S 89-15.20" E 8'00'08" C2 186.29' S95.00' 93.91' 185.53' N 85-46.34" E 17'56'20" r of 1M 5 Co N Y T.M. 55- A-1.38 S.M. SEMPELES AND M.L. ORNDORFF n o ... or Mir) w rl N 0 r rn G� CA N 54'37'02" E 39.72' TEMP. CONSTR. ESM'T "HEREBY GRANTED" N 76'48'24" E — 287.18' G7' G r. G 5, rL `L- 10' TEMP. CONSTR. ESM'T "HEREBY GRANTED" 40'15 Q1" E 7.13 10.60' CA 76'48'24" E 63.92' M 55 - A -152 C J.P. & J.E. N 76'48'24" E McALLISTER 150.17' INSTR. Iy040004087 J' CA qr. N 86'44'36" E 139.00' T.M. 55-A-140 N. & R.B. LAMSON, CO -TRUSTEES INSTR. #010008883 * TEMPORARY CONSTRUCTION EASEMENT TO BECOME NULL AND VOID UPON COMPLETION AND ACCEPTANCE OF SANITARY FORCE MAIN INSTALLATION. NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS AND/OR OTHER ENCUMBRANCES OF RECORD MAY EXIST WHICH ARE NOT SHOWN. 2. BOUNDARY INFORMATION TAKEN FROM LAND RECORDS AND A LIMITED FIELD SURVEY. PLAT SHOWING 20' SANITARY SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT ON THE PROPERTY OF N. & R.B. LAMSON, CO TRUSTEES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: MAY 11, 2006 SCALE: 1"=200' REV.: JUNE 21. 2006 REV.: AUGUST 17, 2006 REV.: APRIL 6, 2007 r1 T1 • Patton Harris Rust & Associates Engineers.Surveyors,Planners,Landscape Architects 12596 Darby Brooke Court Woodbridge, Virginia 22192 (703) 497-1122 FAX (703) 494-6693 Metro 690-6527 h • •% COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 NOTIFICATION OF PUBLIC HEARING September 26, 2018 Fax: 540/ 665-6395 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #09-18 FOR CARRIE MYERS MATTHEW GAMBINO On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 10, 2018, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: 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. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review online through the Planner Access Terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, M. Tyler Klein, AICP Senior Planner MTK/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on (p l ' fi om the Depal tnient of Planning and Development, Frederick Count Vir ima: - Y, g - 55 55 A• 152 .A•-.�37�P- - --- -- _ - - - -- - -- -- ., � - -- BAKER ERIC B GAMBINO MATTHEW G 425 PINE RD MYERS CARRIE RUTH STEPHENSON VA 22656.2217 233 BURNT FACTORY RD - -- - 55 • A- STEPHENSON VA 22656.2206 ALEXANDER WILLIAM 0 IV - - yy . A• • lbl ( 2663 BERRYVILLE PIKE 3 4825 ER VA 2260 GAMBINO MATTHEW G ;I WINCHEST MYERS CARRIE RUTH __ - 55 A 14U 233 BURNT FACTORY RD ( LAMSON NORMAN H 2 2656.2206 405 STH ST NE 22902.4727 STEPHENSON VA CHARLOTTESVILLEVA _ ---- yy . A.. 01•A — _ 55 • A. .- 153- - — i GAMBINO MATTHEW G --- MYERS CARRIE RUTH HENSCHEN BRYAN GRANUILLE 233 BURNT FACTORY RD HENSCHEN BETH ANN CT 22656.2206 I 156 FEATHERSTONE CT 22656.2101 STEPHENSONON VA S - _ _ STEPHEN - ---,I, - bb - A• • I bU• - - 55 , A, . 1 3. - - - ROLLISON DOUGLAS HOTT DAVID C ROLLISON DONNA 6 CHARLES TOWN PIKE 3417 151 BURNT FACTORY RD PURCELLVILLE VA 20132.1819 656.2205 STEPHENSON VA 22 - - _ bb • A• • 7 b4 - - - VINCENT CAROLE T WILLIAMS KEITH W 224 BURNT FACTORY RD STEPHENSON VA -22656.2201 - - 55 . A- -145 BAKER ERIC B 425 PINE RD M. Tyler Klein, Se for Planner STEPHENSON VA 22656.2217 Frederick County Planning Department COUNTY OF FRE�DjERICK I, �!'7C✓�bLC�� �ct CJ : �c� a Notary Public in and for the State and County aforesaid, do hereby certify that M. Tyler Klein, Planner for the epartme t of Planning and Development, whose name is signed to the foregoing, dated o has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of,—S' VV"rt' � ----ad My commission expires on NOTARY PUBLIC PAMALA DEFTER NOTARY PUBLIC REGISTRATION #364474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER•31, 2U21 55 A iIL • BALLING WILLI BALLING MARIA H 9208 SANTAYANA DR FAIRFAX VA 22031.3064 55 - A• • 158- BAGGERLY THOMAS R SR TRUSTEE BAGGERLY SHIRLEYJEAN TRUSTEE 2093 ODESSA CIR LADY LAKE FL 32162.3832 55 - A• • 137•K ORNDORFF TYLER M HOTT BRITTANY N 473 PINE RD STEPHENSON VA 22656.2217 55 - A- - 137-N KOHNE DAVID A KOHNE KAREN G 451 PINE RD STEPHENSON VA 22656.2217 55 - A- • 137.0 KOHNE DAVID A KOHNE KAREN L 451 PINE RD STEPHENSON VA 55 • A- • 137•M 22656.2217 WHITE DEBORAH E 433 PINE RD STEPHENSON VA 22656.2217 55 - A• - 137-L MILLER WILLIAM W III MILLER HEATHER W 417 PINE RD STEPHENSON VA 22656.2217 55 - A• - 137.1 LANDERS MATTHEW P GRIER CHRISTINA M 373 PINE RD STEPHENSON VA 22656.2216 55 - A• B• 137-H GOODE JOHN T GOODE DEBRA L 377 PINE RD STEPHENSON VA 22656.2216 55 - A- B- 137-G WARD EDWARD M JR WARD CYNTHIA D 367 PINE RD STEPHENSON VA 22656.2216 55 - A- - 137.8 PATTERSON ELWOOD B SR ETALS 253 POORHOUSE RD WINCHESTER VA 22603.3844 w 4 f COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 NOTIFICATION OF PUBLIC HEARING September 5, 2018 Fax: 540/ 665-6395 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #09-18 FOR CARRIE MYERS MATTHEW GAMBINO On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 19, 2018, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: 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. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review online through the Planner Access Terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 66575651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, M. Tyler Klem, AICP Senior Planner MTK/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Thi is to certify that the attached correspondence was mailed to the. following on from the Department of Planning and Development, Frederick Co nty, Virginia: - -- 55 - A• - 146- -- -- 55 • A.. 152--- - — - --- -- ----- ALEXANDER WILLIAM D IV GAMBINO MATTHEW G 2663 BERRYVILLE PIKE MYERS CARRIE RUTH WINCHESTER VA 22603.4025 . 233 BURNT FACTORY RD --- - -- - - -- - - - - ! 55 - A• - 140- -- - - STEPHENSON VA 22656.2206 LAMSON NORMAN H 55 -A. .151 • 405 8TH ST NE GAMBINO MATTHEW G I CHARLOTTESVILLE VA 22902.4727 MYERSCARRIE RUTH — ---- --- M3FACTORY RD - - - • - -- - -- - - 55 - A- 153- l HENSCHEN BRYAN GRANVILLE STEPHENSON VA 22656.2206 HENSCHEN BETH ANN 55 • A• • 151•A - --- 156 FEATHERSTONE CT GAMBINO MATTHEW G MYERS CARRIE RUTH 233 BURNT FACTORY RD STEPHENSON VA 55 -A- -154-- - -- -. VINCENT CAROLE T WILLIAMS KEITH W 224 BURNT FACTORY RD STEPHENSON VA 22656.2206 1 i i I _ 22656.2201 - — - - -- - 55 • A- -_145� - BAKER ERIC B 425 PINE RD STEPHENSON VA 22656.2217 55 • A• � 13T- _P - -- - BAKER ERIC B 425 PINE RD STEPHENSON VA 22656.2217 STATE OF VIRGINIA --- COUNTY OF FREDERICK STEPHENSON VA 22656.2101 56 A 13 - - - --- HOTT DAVID C j 34176 CHARLES TOWN PIKE PURCELLVILLE VA 20132.1819 55 . A• 147- BALLING WILL[ BALLING MARIA H 9208 SANTAYANA DR FAIRFAX VA 22031.3064 Z�� - M. Tyler Klei enior Planner Frederick County Planning Department I, Y,Q, 0' , a Notary Public in and for the State and County aforesaid, do hereby certify that M. Tyler Klein, Planner for the Depart ent of Planning and Development, whose name is signed to the foregoing, dated � S /s- , has personally appeared before me, anted acknowledged the same in my State a d County aforesaid. Given under my hand this day of My commission expires on --emu 3 ( o o / /�xain c�.x�k I► ._ 7111 9 [01 :' ';ALA DEER NOTARY PUBLIC GISTRATION # 354474 `>VIMONWEALTH OF VIRGINIA ivy COMMISSION EXPIRES ,,..�GECEMBER 31, 2021 55 - A- - 158- BAGGERLY THOMAS R SR TEE BAGGERLY SHIRLEYJEAN TR EE 2093 ODESSA CIR 32162.3832 LADY LAKE FL 55 - A- - 137-K ORNOORFF TYLER M HOTT BRITTANY N 473 PINE RD STEPHENSON VA 22656.2217 55 - A- - 137-N KOHNE DAVID A KOHNE KAREN G 451 PINE RD STEPHENSON VA 22656.2217 55 - A. - 137.0 KOHNE DAVID A KOHNE KAREN L 451 PINE RD STEPHENSON VA 22656.2217 55 - A- - 137-M WHITE DEBORAH E 433 PINE RD STEPHENSON VA 22656.2217 55 - A- - 137-L MILLER WILLIAM W III MILLER HEATHER W 417 PINE RD STEPHENSON VA 22656.2217 55 - A- - 137.1 LANDERS MATTHEW P GRIER CHRISTINA M 373 PINE RD STEPHENSON VA 22656.2216 55 - A- B- 137-H GOODE JOHN T GOODE DEBRA L 377 PINE RD STEPHENSON VA 22656.2216 55 - A- B-137-G WARD EDWARD M JR WARD CYNTHIA D 367 PINE RD STEPHENSON VA 22656.2216 55 - A- - 13l-H PATTERSON ELWOOD B SR ETALS 253 POORHOUSE RD WINCHESTER VA 22603.3844 C�arr� e Myer `PTvs - - �, �, S- -IS(A✓ 7. Adjoining Property: F1 TOLE - DATA PROCESSING F PAM - Planning Dept. Please print -I— sets of labels by THANKS! USE ZONING North ar�.�.ne - ir% ne ►2c(. {�l o East V�� Southi West The type of use proposed is (consult with the Si'f---0 I CUEn,r f�,-,l(ic i7 Dept. before completing): 9. It is proposed that the following buildings will be constructed: 00- The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name Property # , NIA Name Property # Name &C, C_ Property # ame G, A t Property # Name car Property # - Name Z!-\I et V Property # 161 av_,,} Fc,c Cry t20l. - A —tc-n S�(P�{r,so^ YA la. \\e' - z2-1 S t�l tn.yc VA 22 u 5U P s�eQ►,��5�� VA z2-U5-4 2UU3 $crr`1v.11L �,Kc t,v,hcU, ,k. VA ZLU03 .� ✓l l--Giw.S�;l �{ US emu* S�. � G CV-,ettoPesvA1f- VA 22-)CZ Isu FtAL!-!ACne c-+. 5�1�► �n5c►, VA 22,t, 5-4 6 �4 • 0 Name and Property Identification Number ,Name Property # Name (u, l� t ling ALA —tcilx i v,Q Property # rr _ A , t, Property # ame — Property # Name j, �c� c v� ►� Property # Name-6,r % Ve— Property # / Name ✓ c � Property # Name Property # me J C, d Property # _ 1'Ll Name A Property # Name ELLV Sbuf) FATTw$Ofj AP Property # — — -� Name Property # Name Property # Name Property # 7 Address 3qp,,Ve Rj rec i\v. lit VA 26112 q2o q, san��y�ha D, Fe, % r 4cz,,c VA Z- 2- P 3 I 20q 3 6,bssc�L c, -r. I. ,,ei,l L, ►l e- L 3 z t Z IJ VA ZZLs(P L/ St Irli ?LJ- S}c�lrrt�►, nv'A 72Us(e q33 S�t�llnSM VA ZZteg-Q :S -e Unse-n VA 22i.sLf 3 -t 3 2e1. S�-e p 1, ri S /lm VA 2-. b S (e V A 221.E <-4, 2 53 FOORt 01j4S efl. wlNCKESM9i VA 22603 �C Lkplt P, INs -� 07. Adjoining Property: NIA USE North IC0 — East South West 8. The type of use proposed is (consult with the c/� L CVEA,T �� (!L /7 TNCE-DATA PROCESSING M: PAM - Planning Dept. Please print 4 sets of labels by THANKSI ZONING +% cl l bk wt I'M A�—Ae�3s N ��iiS9 1 C.( 51� x�i CtY ng Dept. before completing): 9. It is proposed that the following buildings will be conctnirtPcl- (DO The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: F-__Name and Property Identification Number Address Name Property # c4c,_ A 5-I aU^�} F� y A 22LS14 Name \ \\Ca1M { j Z 2 Property# cjkt��.�n5e1 VA ZZ (i SG Name Los- t , c RcJ • Property # _ P S+,e?U.rs c�.�\ VA Z Z Lf S1i, ,,Name G-.1k t.A Z U U 3 V,Kc Property # - tl,i SEc� V A 2-2U 0,3 Name ('v Lrmn vi LeL—sc,:n `l Property # (� ke Ao 1- s v, t l t VA lv� c Z Name i^\Y% n I s-u Fc AL r.5-i c n e 6i. Property# c-c �_- i -� 4{���IEnjGt� VA 22.(,5-4 6 1 4 • • Name and Property Identification Number ,Name Property # Name (y, l> > ig ✓.tl�� 1 , �, �� — Property # _ A Property # c-,- . A _ Name I v �a ♦ (k l„� 1Y Property # ' Name .c� c✓ v, Chi Property # r Name j� j l t ✓- V C' Property # A�� �• a Name ,\ke` i 4' Property # Name c{ • h r-- � i �n Property # Property # ame �,� Property # - wF Name ELUW'-10,0 PA4TrwS0l�,j y # - - y P EName -] Q Property # Name ty # h y # FA Address R„K (kv, llt VA 2e 13Z VA ZIe3 i 2rq 3 hA,6so )-"I't L'11c FL 3 Z 14-L 4-13 '?,v1C VJ- SA,Cpt4ltSe-„ VA ZZLsI� LY 5 ( Pint IZcA. S{c��nir VA Z2uStp Skt�l�nsM vA 2,2lrSLoo 5 1 l.t r� jG�l VA 2 21t SLo Sk�FUr<srn VA 2'LLSC,, , A-e ..t v1 S r7, v 3CQ`4 �,ri� Zrl. 2 53 Pao2NousE 2p, WrNCKESrE9j ✓,4 Z.2603 r� COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 NOTIFICATION OF PUBLIC HEARING September 5, 2018 Fax: 540/ 665-6395 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #09-18 FOR CARRIE MYERS Mvv .n Tpew cof"61 w On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 19, 2018, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: -Arlo MAPREW 6AM1300 Conditional Use Permit #09-18 for Carrie MyersAsubmitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The properties are located at 233 Burnt Factory Mad Stephenson, Virginia and are identified with Property Identification Numbers 55-A-16�, 55-AX51, and 55�<- 151A in the StondWall Magisterial District. Any interested parties wishing to speak may attend this public hearing. A copy of the application will be available for review online through the Planner Access Terminal, at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, telephone number (540) 665-5651. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, M. Tyler Klein, AICP Pio-emer SeWIOR PtANNI=2 MTK/pd 823 � 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 08/23/18 REQUESTED COMPLETION DATE: 09/04/18 REQUESTING AGENT: Pam STAFF MEMBER: Tyler TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other PIN: 55-A-152,55-A-151,55-A-151A DESCRIPTION OF REQUEST: CUP #09-18 Came Myers Special Event Facility HISTORIC RESOURCE ADVISORY BOARD REVIEW APPLICATION GK Cp OIL, Frederick County 107 North Kent Street, Suite 202 MEETING DATE Winchester, Virginia 22601 Telephone: (540) 665-5651 Fax: (540) 665-6395 DATE STAMP ADDRESS OF PROJECT: ? 3 `� r,. ` , _ J 1,9A V dk Pr " PROPERTY OWNERS NAME: ,, TELEPHONE NUMBER: PROPERTY OWNERS ADDRESS: Sej(;cY, ihv ARCHITECT/DEISGNER: .. TELEPHONE NUMBER: ty,1 Description of Application: Please describe briefly the request of the application: (rezoning, master development plan, conditional use permit). Please be specific. k7s.y cA" '\.Yl % l : l' r Ci This application is not complete until all of the following information has been provided to the Department of Planning and Development. Please check the materials that have been submitted. Copy of required application as described in 1.1 (1.1.1-1.1.4) Description of proposed development or construction project, including proposed uses and general timeframe for development (1.2) Status of any identified historic or archaeological resources on the site or adjacent to the site (e.g., located in any identified historic area, survey area, or battlefield site or individually listed on a local, state or national historic register, relevant information on record with the Virginia Department of Historic Resources) and presence of other historic structures or significant landscape features or archaeological sites; (1.3) Photographs (color) of all historic resources on the property (1.4) PROPERTY IDENTIFICATION NUMBER (PIN): S S — A -1 5 2 Name of Applicant: CIUZ2/6 (" yC-P_S Telephone Number oW 2 9 — yvv Address: Street 233 City S_1_tPH&V5arJ State MA Zip Code 20GSC Signature: Print Name: Date: Please note that the applicant or his/her appointed representative must be present at the meeting. Virginia Dept. of Historic Resources V.-CR:S Virginia Cultural Resource Information System Legend p Architecture Resources Architecture Labels 0 Individual Historic District Properties p Archaeological Resources Redbud Cei Archaeology Labels DHR Easements USGS GIS Place names County Boundaries N �V Feet 0 200 400 600 800 1:11.000 / 1 "=917 Feet i - 4.4FK0411 4 4 ►,..•. ` 44FK0419 Title: Date: 7/31/2018 DISCLAIMER: Records of the Virginia Department of Historic Resources (DHR) have been gathered over many years.from a variety of sources and the representation depicted is a cumulative view offield observations over time and may not reflect current ground conditions. The map is for general information purposes and is not intended for engineering, legal or other site -specific uses. Map may contain errors and is provided "as -is ". More information is available in the DHR Archives located at DHR's Richmond office. Notice ifAE sites: Locations of archaeological sites may be sensitive the National Historic Preservation Act (NHPA)• and the Archaeological Resources Protection Act (ARPA) and Code of Virginia §2.2-3705.7 (10). Release ofprecise locations may threaten archaeological sites and historic resources. Virginia Department of Historic Resources DHR ID: 034-0704 Architectural Survey Form Other DHR ID: No Data Property Information Property Names Name Explanation Historic Current Property Addresses Current - Route 659, Off County/Independent City(s): Incorporated Town(s): Zip Code(s): Magisterial District(s): Tax Parcel(s): USGS Quad(s): Name Property Evaluation Status Smith Farm Brumley House DHR Staff: Not Eligible Frederick (County) Yo D(1nt Vo Data 1v) Duta NO l)utu STEPHENSON Additional Property Information Architecture Setting: v" Ikh' Acreage: No lhun Site Description: No Data Surveyor Assessment: No historical information was gathered on this house. Surely, some basic research would help explain the unusual length of the house. Surveyor Recommendation: No Data Primary Resource Information Resource Category: Domestic Resource Type: Single Dwelling Date of Construction: 1805Ca Historic Time Period: Early National Period (1790 - 1829) Historic Context(s): Domestic Architectural Style: No Discernable Style Form: No Data Number of Stories: 2.0 Condition: No Data Interior Plan: No Data Threats to Resource: None Architectural Description: Architecture Summary: The Brumley house is a very large 2 story brick structure on a split-level stone/brick basement. Its asymmetrical facade is 7 bays wide. Although I was not able to find a seam in the brickwork of the house, several things led me to believe that it was built in 2 sections. There is a four -light attic window. (See form for more information). Exterior Components Component Component Type Material Material Treatment Roof Gable Metal Standing Seam Chimneys Interior Brick No Data Chimneys Interior End Brick No Data Porch 1-story, 3-bay Wood Other Foundation No Data Stone Other Windows Sash, Double -Hung Wood 9/6 Structural System and Masonry Brick Other Exterior Treatment Windows Sash, Double -Hung Wood 6/6 July 31, 2018 Page: 1 of 3 • • Virginia Department of Historic Resources DHR ID: 034-0704 Architectural Survey Form Other DHR ID: No Data \b'indi w. Sash, Double -Hung Wood 8/8 \ - inflows Fixed Wood Other Secondary Resource Information Secondary Resource #1 Resource Category: DSS Legacy Resource Type: Shed Architectural Style: No Data Form: No Data Date of Construction: No Data Condition: No Data Threats to Resource: No Data Architectural Description: Architecture Summary: Indeterminate number of new sheds have been built in the past 15 to 20 year. Number of Stories: No Data Historic District Information Historic District Name: No Darn Local Historic District Name: No Data Historic District Significance: No Data CRM Events Event Type: DHR Staff: Not Eligible DHR ID: 034-0704 Staff Name: Mitchell, Bryan Event Date: 10/1/1992 Staff Comment No Data Event Type: Survey:Phase I/Reconnaissance Project Review File Number: No Data Investigator: Kalbian, Maral Organization/Company: Unknown (DSS) Sponsoring Organization: No Data Survey Date: I1/l/1989 Dhr Library Report Number: No Data Project Staff/Notes: No Data Bibliographic Information Bibliography: No Data Property Notes: No Data July 31, 2018 Page: 2 of 3 • • Virginia Department of Historic Resources Architectural Survey Form Project Bibliographic Information: No Data DHR ID: 034-0704 Other DHR ID: No Data July 31,2018 Page: 3 of 3 Virginia Dept. of Historic Resources V,-CR:S Virginia Cultural Resource Information System Legend 0 Architecture Resources Architecture Labels 0 Individual Historic District Properties 0 Archaeological Resources Archaeology Labels DHR Easements ■ USGS GIS Place names County Boundaries N k Feet 0 50 100 150 200 1:2.500 / 1 "=208 Feet t" • ,, •�`�iy+rah. �:'Ifl A { �- i 7• -1. I Title: Architecture Labels Date: 7/31/2018 DISCLAIMER: Records of the Virginia Department of Historic Resources (DHR) have been gathered over many years from a variety of sources and the representation depicted is a cumulative view of field observations over time and may not reflect current ground conditions. The map is for general information purposes and is not intended. for engineering, legal or other site -specific uses. Map may contain errors and is provided "as -is". More information is available in the DHR Archives located at DHR's Richmond office. Notice ifAE sites: Locations of archaeological sites may be sensitive the National Historic Preservation Act (NHPA), and the Archaeological Resources Protection Act (ARPA) and Code of Virginia §2.2-3705.7 (10). Release of precise locations may threaten archaeological sites and historic resources. MATTHEAM GAMBINO � 1376 ' CARRIE RUTH MYERS 153 233 BURNT FACTORY ROAD STEPHENSON,VA 22656 DATE 8 ®Sh-Jd- PAY TO THE �p ORDER OF I l��A�Sc�Pr �P /�+C cc .. _..�. r 7�75l�7.0 $ � �� /j` .gyp iClC �/`r A L F�Y -�-' DOLLARS M&TBank MEMO W/ -:05 20001131: 98Si. 557379i1•01533 0 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time Candice av Tyler Mike John COMMENTS:_ Received by Clerical Staff (Date & Time): (S:Office on Blackbox\Forms\Document Approval Form—6/7/2016 )