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078-18 (CUPTrumpetVineFarm) CONDITIONAL USE PERMIT #03-18 Trumpet Vine Farms - Special Event Facility Staff Report for the Board of Supervisors Prepared: April 5, 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: 04/04/18 Recommended Approval Board of Supervisors: 04/11/18 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 04/11/18 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 Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. A commercial entrance, including recordation of a sight distance easement, should be permitted and complete within one (1) year approval of this CUP. 4. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 5.Events may accommodate up to and not to exceed 450 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, 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 2 CUP #03-18, Trumpet Vine Special Event Facility April 5, 2018 LOCATION: The subject property is generally located south of the Town of Stephens City, about 2 miles south of Route 11, on Vaucluse Road (Route 638). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 85-A-6C PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Agricultural South: RA (Rural Areas) Use: Residential/Agricultural East: RA (Rural Areas) Use: Vacant/Agricultural West: RA (Rural Areas) Use: Residential/Agricultural 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 450 persons. REVIEW EVALUATIONS: Virginia Department of Transportation: We have reviewed the above subject application received February 16, 2018 for impacts to the transportation system. Our comments are as follows: The existing Private Entrance on Vaucluse Road (Route 638) does not provide adequate sight distance to be used as a safe access for the Special Events. It appears that safe sight distance could be obtained at the existing entrance location if existing trees and vegetation are removed along the road frontage to the right and left of the entrance. The tree/vegetation removal to the left of the entrance would require permission from the adjacent property owner. A sight distance easement should be secured in order to maintain the necessary safe sight distance across the adjacent property. Other physical improvements would be required to upgrade the Private Entrance to meet minimum Commercial Entrance Standards prior to the site being used for Special Events. An engineered Commercial Entrance site plan would need to be submitted to VDOT for review and approval detailing necessary upgrades. Page 3 CUP #03-18, Trumpet Vine Special Event Facility April 5, 2018 A VDOT Land Use Permit shall be obtained prior to any work on upgrading 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 comment email dated March 6, 2018. Frederick County Inspections: Building shall comply with The Virginia Uniform Statewide Building Code, and Section 303-A, Assembly Use Group of the Virginia Building Code/2012. Other Code that applies are the International Energy Code, ICC/ANSI A117.1-09 Accessible and Usable Building and Facilities. A Building permit is required to change the use of existing storage building to dressing room. Building shall comply with Virginia Building Code. Building shall be accessible and be located on an accessible route. Accessible Parking provided with adjacent parking at pavilion. Future construction of restrooms requires a building permit and a plumbing permit. Fixture quantities shall comply with T2901 for use and occupant load. Health Department approval for the sanitation system is required. Please note the requirements in Chapter 17 of IBC for special inspection requirements on the type of structure. (Soils, concrete etc..). See comment letter dated March 6, 2018. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for the Conditional Use Permit for a Special Event/Venue to take place every weekend from April to the end of October at Trumpet Vine Farm, LLC, located at 266 Vaucluse Road, Stephens City, VA 22655; Tax Map #85-A-6C. This Health Department has no objections to the issuance of the Conditional Use Permit. However, the Applicant states that the facility will be equipped with a permanent bathroom facility. In order for this Health Department to issue a Permit for a permanent On-site Sewage Disposal System, Applicant must submit an application to install such a system to this office, along with appropriate fees. As this is a commercial proposal, Applicant must engage a private OSE (On-site Soil Evaluator) and/or a PE (professional engineer) to design the system that is required to accommodate the maximum number of guest estimated to attend the venue, along with an approved water source. Please address questions about any part of this correspondence to the Health Department (540) 722- 3480 for additional information. See comment letter dated February 22, 2018. Page 4 CUP #03-18, Trumpet Vine Special Event Facility April 5, 2018 Frederick County Fire Marshall: Approve See comment letter dated February 16, 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 Zona 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 Applicant, Trumpet Vine Farm, has been operating a special event facility for weddings and other events since 2012 under t currently has an approved Festival Permit (approved by the Board of Supervisors on March 14, 2018), which will be superseded by this CUP application. The proposed use will take place on an existing 68-acre property, which includes a single-family detached residence, open outdoor pavilion with retractable sides, and a storage building. The subject property also includes a gravel parking area to accommodate guests/visitors.The special event center will be access via a private driveway from Vaucluse Road (Route 638). In the short term the Applicant intends to utilize the existing outdoor pavilion and allow the use of temporary . Portable restroom facilities will also be provided for special events. In the future, the Applicant plans may also construct permanent restroom facilities and a larger enclosed space for indoor events. 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 and is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors 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 04/04/18 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: Page 5 CUP #03-18, Trumpet Vine Special Event Facility April 5, 2018 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.A commercial entrance, including recordation of a sight distance easement, should be permitted and complete within one (1) year approval of this CUP. 4.Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 5.Events may accommodate up to and not to exceed 450 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 04/04/18 MEETING: The Planning Commission held a public hearing on the proposed CUP on April 4, 2018. Planning Staff provided an overview of the proposed use, noting the Applicant had satisfied all of the County requirements. Staff added that the Applicant has been operating this special event permit for the 2018 season. The Planning Commission asked Staff to clarify comments made from VDOT regarding the need for a commercial entrance, and comments from the Health Department of the need for a drainfield. Staff noted the comment from VDOT was to apply for a commercial entrance permit and improve the sight distance in either direction from the driveway. Staff continued that the Applicant has already removed some of the vegetation to improve visibility left and right and had already reached out to VDOT Staff about what would need to be done for his entrance, and/or if there was another standard that could be applied given his driveway was gravel as is Vaucluse Road. Staff further clarified that for the Health Department comments, the Applicant intended to continue to use portable restroom facilities, which would be screened from view satisfying the supplemental use regulations outlined in the Zoning Ordinance. Staff stated that in the future if the Applicant wanted to construct permanent restroom facilities, he would need to comply with the Health Department standards. The Applicant, DeMarchi Spears, also spoke reaffirming his request for a special event facility Page 6 CUP #03-18, Trumpet Vine Special Event Facility April 5, 2018 and that he intended to comply with the VDOT requirement for a commercial entrance to whatever standard would satisfy their comments within the one (1) year time frame stipulated in the Conditions of Approval. No members of the public spoke during the public hearing portion of the meeting. The Planning Commission voted 11-0-2 (Commissioners Thomas & Triplett absent) to forward the item to the Board of Supervisors with a recommendation of approval. CONCLUSION FOR THE 04/11/18 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 Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. A commercial entrance, including recordation of a sight distance easement, should be permitted and complete within one (1) year approval of this CUP. 4. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 5.Events may accommodate up to and not to exceed 450 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, 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. 365 CUP # 03 - 18 CARSON LN 698 365 VAUCLUSE RD Trumpet Vine Farm FAMILY DR PIN: 696 VAUCLUSE RD 85 - A - 6C 700 Special Event Facility VAUCLUSE RD Zoning Map 320 CONESTOGA LN 134 STROSNIDER LN 388 VAUCLUSE RD 530 VAUCLUSE RD CUP #03-18 85 A 6C 151 320 CONESTOGA LN CONESTOGA LN 515 6246 VAUCLUSE VALLEY SPRING PIKE 6310 VALLEY 205 PIKE VAUCLUSE RD 301 263 6380 VAUCLUSE RD VAUCLUSE RD VALLEY PIKE 281 VAUCLUSE RD 01 6460 11 VALLEY PIKE 6470 6283 VALLEY 245 VALLEY PIKE VAUCLUSE RD PIKE Applications 6486 VALLEY Parcels PIKE Building Footprints 6519 § ¨¦ B1 (Neighborhood Business District) VALLEY 81 B2 (General Business District) PIKE 172 B3 (Industrial Transition District) KLINES 01 MILL RD 11 EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) Note: CUP # 03 - 18 M2 (Industrial General District) Frederick County Dept of MH1 (Mobile Home Community District) Trumpet Vine Farm Planning & Development I MS (Medical Support District) 107 N Kent St PIN: Suite 202 OM (Office - Manufacturing Park) 85 - A - 6C Winchester, VA 22601 Special Event Facility R4 (Residential Planned Community District) 540 - 665 - 5651 Zoning Map R5 (Residential Recreational Community District) Map Created: March 9, 2018 RA (Rural Areas District) Staff: tklein RP (Residential Performance District) 03907801,560Feet 365 CUP # 03 - 18 CARSON LN 698 365 VAUCLUSE RD Trumpet Vine Farm FAMILY DR PIN: 696 VAUCLUSE RD 85 - A - 6C 700 Special Event Facility VAUCLUSE RD Location Map 320 CONESTOGA LN 134 STROSNIDER LN 388 VAUCLUSE RD 530 VAUCLUSE RD CUP #03-18 85 A 6C 151 320 CONESTOGA LN CONESTOGA LN 515 6246 VAUCLUSE VALLEY SPRING PIKE 6310 VALLEY 205 PIKE VAUCLUSE RD 301 263 6380 VAUCLUSE RD VAUCLUSE RD VALLEY PIKE 281 VAUCLUSE RD 01 6460 11 VALLEY PIKE 6470 6283 VALLEY 245 VALLEY PIKE VAUCLUSE RD PIKE 6486 VALLEY PIKE 6519 § ¨¦ VALLEY 81 PIKE 172 KLINES 01 MILL RD 11 Note: CUP # 03 - 18 Frederick County Dept of Trumpet Vine Farm Planning & Development I 107 N Kent St PIN: Suite 202 85 - A - 6C Winchester, VA 22601 Special Event Facility 540 - 665 - 5651 Location Map Applications Map Created: March 9, 2018 Parcels Staff: tklein Building Footprints 03907801,560Feet