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049-18 (CUPPaulAndlMaryValentino) CONDITIONAL USE PERMIT #08-17 Paul C. and Mary A. Valentino - Special Event Facility Staff Report for the Board of Supervisors Prepared: January 3, 2018 Staff Contact: M. Tyler Klein, AICP, 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: 11/15/17 Recommended Approval Board of Supervisors: 01/10/18 Pending EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 01/10/18 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 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 Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3.Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4.All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the event. 5.All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6.Events may accommodate up to and not to exceed 290 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. 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 toadequately address all concerns raised by the Board of Supervisors. Page 2 CUP #08-17, Paul C. and Mary A. Valentino Special Event Facility January 3, 2018 LOCATION: This approximately 146.2-acre properties are located at 4212 Apple Pie Ridge Road, Winchester, Virginia, approximately a half-mile south of the Frederick County/West Virginia Line and approximately two (2) miles north of White Hall Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 22-A-89 and 22-A-94 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Open Space South: RA (Rural Areas) Use: Vacant/Open Space East: RA (Rural Areas) Use: Vacant/Open Space West: RA (Rural Areas) Use: Residential/Vacant/Open Space PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of aspecial event center for weddings and other similar type events in the RA (Rural Areas) Zoning District to accommodate up to 290 persons. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for the Conditional Use Permit for this property appears to have a measurable impact on Route 739, the VDOT facility which would provide access to the property. Prior to operation of the business a Low Volume commercial entrance must be constructed to our standards to allow for the safe egress and ingress of the property. Based on the updated location of the proposed new entrance dated 7 August 2017, the required sight distance requirements appear to have been met. Any work performed on the -of-way must be covered under a land use permit. The permit is issued by this office and require an inspection fee and surety coverage. Frederick County Inspections: The existing buildings have been deemed exempt from the See attached determination made by the County Building Official on September 8, 2017. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for the Conditional Use Permit for a farm barn to be used as an event venue (wedding, etc.); located at 4212 Apple Pie Ridge Rd., Winchester, VA; Tax Map# 22-A- Page 3 CUP #08-17, Paul C. and Mary A. Valentino Special Event Facility January 3, 2018 94. Based upon information provided by the Applicant, the sewage disposal needs of the guests at the venue will be accommodated by a restroom trailer. However, pursuant to 12VAC5-610- 980 C.3. of the Sewage Disposal & Handling Regulations, C., which states normally used in association with mass gatherings, construction sites, etc. where temporary -temporary venue, the use of a portable privy (restroom trailer) cannot be permitted for the proposed venue. It is recommendation that a permanent restroom facility be utilized that makes use of the existing permitted sewage disposal system serving the guest house and the main house; or, locate another sewage disposal system for the dedicate purpose of the barn venue. Applicant(s) can feel free to contact me at (540) 722-3480. Frederick County Fire Marshall: Approved 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. A special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The 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. The proposed use will take place on a 146.2-acre property, which includes existing buildings and is currently being used for agricultural purposes (raising of cattle). The special event facility will be accessed via a new private event-only entrance from Apple Pie Ridge Road (State Route 739). The Applicant intends to use a portion of the site for the proposed special event facility, while maintaining the remainder of the site as productive agricultural land (6 Pastures Farm is a working cattle farm). The Applicant states they will utilize the existing two-story 3,784 square foot (SF) barn and the 1-bedroom guesthouse for weddings and other special events. The Applicant intends to host events for up to 290 persons, and will provide a gravel parking area to support up to 150 vehicles. Permanent restroom facilities will be installed, including a new septic system and drainfield. Any food preparation will be via catering companies, and no permanent cooking facilities will be provided indoors. The properties are 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 and is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors 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. Page 4 CUP #08-17, Paul C. and Mary A. Valentino Special Event Facility January 3, 2018 PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/15/17 MEETING: The Planning Commission held a public hearing on the proposed CUP on November 15, 2017. Planning Staff provided an overview of the proposed use, noting the Applicant had satisfied all County requirements and comments from review agencies. The Applicant, Mr. Paul Valentino also spoke, noting his desire to open a special event facility for weddings at 4212 Apple Pie Ridge Road, to maintain the rural character of the property, and continue his agricultural operations as well. During the public hearing portion, several members of the public spoke regarding the proposed special event facility. Neighboring property owners expressed their support for the improvements buildings and the compatibility to the community; three (3) speakers also cited concerns regarding noise and traffic safety along Apple Pie Ridge Road. The Planning Commission continued to discuss the merits of the application, and concerns raised by members of the public. Specifically, the Planning Commission addressed comments regarding noise and noted the conditions of approval included with the staff recommendation, which limited the hours of operation and restricted outdoor music after 9 p.m. The Planning Commission voted 11-0-2 (Commissioner Cline & Unger absent) to forward the item to the Board of Supervisors with a recommendation of approval. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 01/10/18 BOARD OF SUPERVISORS MEETING: In conclusion, 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 Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3.Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4.All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the event. Page 5 CUP #08-17, Paul C. and Mary A. Valentino Special Event Facility January 3, 2018 5.All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6.Events may accommodate up to and not to exceed 290 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. 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. 431WINDINGBEELER LN 320 4452 WINDING CUP # 08 - 17 HILL RD WINDING APPLE PIE 4353 HILL RD HILL RD RIDGE APPLE PIE 4452 RIDGE APPLE PIE Paul and Mary Valentino ST RIDGE 739 261 300 CRIMSON DR PINs: WINDING 169 4365 BERKELEY HILL RD 4396 CRIMSON DR APPLE PIE264 22 - A - 89A, 22 - A - 94 APPLE PIE COUNTY RIDGE CRIMSON DR 4341 RIDGE WEST VIRGINIA Special Event Facility APPLE PIE 190 RIDGE CRIMSON DR ST Zoning Map 4329 220 674 APPLE PIE CRIMSON DR APPLE VIEW 210 184 RIDGE ESTATES CRIMSON DR WINDING 4318 HILL RD Subdivision 4297 APPLE PIE 4364 224 APPLE PIE RIDGE APPLE CRIMSON DR 4251 160 RIDGE PIE RIDGE APPLE PIE WINDING RIDGE HILL RD 4241 APPLE PIE RIDGE 4129 4284 APPLE PIE 4256 4220 APPLE RIDGE APPLE APPLE PIE PIE RIDGE PIE RIDGE RIDGE 4181 267 APPLE PIE WILD 4208 RIDGE WOOD DR APPLE PIE RIDGE CUP #08-17 22 A 94 CUP #08-17 4051 22 A 89A APPLE PIE RIDGE ST 739 4001 APPLE PIE RIDGE 1005 4001WRIGHT RD APPLE PIE 3967 RIDGE APPLE PIE RIDGE APPLE PIE RIDGE EAGLEFIELD Subdivision 639 WRIGHT RD 3820 BERKELEY APPLE PIE COUNTY RIDGE Applications 3798 Parcels APPLE PIE RIDGE Building Footprints 3766 B1 (Neighborhood Business District) APPLE PIE B2 (General Business District) RIDGE B3 (Industrial Transition District) 195 TUSCARORA RD EM (Extractive Manufacturing District) 194 HE (Higher Education District) 660 TUSCARORA RD M1 (Light Industrial District) CUP # 08 - 17 Note: M2 (Industrial General District) Frederick County Dept of Paul and Mary Valentino MH1 (Mobile Home Community District) Planning & Development I MS (Medical Support District) 107 N Kent St PINs: Suite 202 OM (Office - Manufacturing Park) 22 - A - 89A, 22 - A - 94 Winchester, VA 22601 Special Event Facility R4 (Residential Planned Community District) 540 - 665 - 5651 Zoning Map R5 (Residential Recreational Community District) Map Created: September 28, 2017 RA (Rural Areas District) Staff: tklein RP (Residential Performance District) 05001,0002,000Feet 431WINDINGBEELER LN 320 4452 WINDING CUP # 08 - 17 HILL RD WINDING APPLE PIE 4353 HILL RD HILL RD RIDGE APPLE PIE 4452 RIDGE APPLE PIE Paul and Mary Valentino ST RIDGE 739 261 300 CRIMSON DR PINs: WINDING 169 4365 BERKELEY HILL RD 4396 CRIMSON DR APPLE PIE264 22 - A - 89A, 22 - A - 94 APPLE PIE COUNTY RIDGE CRIMSON DR 4341 RIDGE WEST VIRGINIA Special Event Facility APPLE PIE 190 RIDGE CRIMSON DR ST Location Map 674 4329 220 APPLE VIEW APPLE 210 184 CRIMSON DR PIE RIDGE ESTATES CRIMSON DR WINDING 4318 HILL RD Subdivision APPLE PIE 4364 224 4297 RIDGE APPLE CRIMSON DR 4251 160 APPLE PIE RIDGE APPLE PIE WINDING PIE RIDGE RIDGE HILL RD 4241 APPLE PIE RIDGE 4129 4284 APPLE PIE 4256 4220 APPLE RIDGE APPLE APPLE PIE PIE RIDGE PIE RIDGE RIDGE 4181 267 APPLE PIE WILD 4208 RIDGE WOOD DR APPLE PIE RIDGE CUP #08-17 22 A 94 CUP #08-17 4051 22 A 89A APPLE PIE RIDGE ST 739 4001 APPLE PIE RIDGE 1005 4001WRIGHT RD APPLE PIE 3967 RIDGE APPLE PIE RIDGE APPLE PIE RIDGE EAGLEFIELD Subdivision 639 WRIGHT RD 3820 BERKELEY APPLE PIE COUNTY RIDGE 3798 APPLE PIE RIDGE 3766 APPLE PIE RIDGE 195 TUSCARORA RD 194 660 TUSCARORA RD CUP # 08 - 17 Note: Frederick County Dept of Paul and Mary Valentino Planning & Development I 107 N Kent St PINs: Suite 202 22 - A - 89A, 22 - A - 94 Winchester, VA 22601 Special Event Facility 540 - 665 - 5651 Location Map Applications Map Created: September 28, 2017 Parcels Staff: tklein Building Footprints 05001,0002,000Feet