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088-18 (CUPWestOaksFarmMarketLLC) CONDITIONAL USE PERMIT #04-18 West Oaks Farm Market, LLC. - Special Event Facility & Restaurant Staff Report for the Board of Supervisors Prepared: May 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: 05/02/18 Recommended Approval Board of Supervisors: 05/09/18 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 05/09/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a special event facility and restaurant 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 approved by Frederick County prior to the establishment of the use. 3.Building permits shall be acquired prior to establishment of the deli-style counter service restaurant use. 4. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5.Special events may accommodate up to and not to exceed 275 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 #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 LOCATION: The subject property is generally located south on Valley Avenue (Route 11) off Middle Road (Route 628) immediately south of Orchard View Elementary School. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 74-A-3 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural (Orchard/Farm) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural/Residential South: RA (Rural Areas) Use: Open Space/Agricultural East: RA (Rural Areas) Use: Public School/Open Space/Agricultural West: RA (Rural Areas) Use: Open Space PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a 3,456- square foot special event facility (banquet room) for weddings, business meetings, birthday parties, showers, reunions and other similar type events as part of the West Oaks Farm Market complex. The Applicant also proposes a separate deli-style restaurant (counter service) as part of their farm market operations. REVIEW EVALUATIONS: Virginia Department of Transportation: We have reviewed the above subject application received February 26, 2018 for impacts to the transportation system. Our comments are as follows: The existing Private Entrances proposed to provide access to the Farm Market/Event An engineered Commercial Entrance Site Plan would need to be submitted to VDOT for Entrance Site Plan Checklist to be completed with site plan submittal. A VDOT Land Use Permit shall be obtained prior to any work on upgrading the entrance 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 March 8, 2018. Page 3 CUP #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 Frederick County Inspections: Farm buildings and structures, except for a building or portion of a building located on a farm that is operated as a restaurant as defined in Section 35.1-1 of the Code of Virginia and licensed as such by the Virginia Board of Health pursuant to Chapter 2 (Section 35.1-11 et. Seq.) of Title 35.1 of the Code of Virginia require permits and inspection. Area of the building operated as a restaurant shall comply with The Virginia Uniform Statewide Building Code and Section 303, use Group A-Assembly (or Business, Section 304, if less than 50 people) of the Virginia Building Code/2012. Other codes that apply are ICC/ ANSI A117.1- 2009 Accessible and Usable Buildings and Facilities and International Energy Code. A building permit is required, as well as a plumbing permit, mechanical permits, and electrical permit for the restaurant area. The hood shall be installed over cooking appliances that produce grease or smoke. Grease interceptor and/or separator shall be provided to prevent to the discharge of oil, grease, sand and other substances into the sewage system. Public restrooms shall be provided and shall meet ANSI A117.1-09. The accessible restrooms shall be located on an accessible level. Handicap parking shall comply with ANSI A117.1-09. A minimum of one van accessible space is required. Van accessible parking shall have a width per Section 502 ANSI. Maximum 2% slope required for parking and unloading. Accessible parking and unloading to main entrance is required. 60% of all entrances shall be accessible and all required exists shall be accessible. Accessible parking signage for van shall included $500 fine. See USBC Section 1106.8 See original comment letter dated March 19, 2018. Winchester-Frederick County Health Department: This office has received an Application for a Department of Health Food Establishment Permit for West Oak Farm Market, LLC, to be located at 4305 Middle Road, Winchester, Virginia. This letter is to inform you of the requirements necessary for Approval of said plans. Please note the following regarding the physical establishment for the Plan Review of your Application and site visit conducted on March 13, 2018: 1.Existing Onsite Sewage Disposal System must be evaluated by a professional Engineer/Private Soil Evaluator to determine its adequacy to service the proposed 2.Contact VDH Office of Drinking Water (540-463-7136) regarding an approved water supply source. 3.Need Frederick County Building Department approval for the proposed food service facility (Note: This office must receive a copy of the Certificate of Occupancy that states Page 4 CUP #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 the Occupancy Load facility). 4.Need to setup meeting between VDH &VDACS to discuss the setup of the multi- jurisdictional facility. 5.Submit proposed menu. The following requirements are related to the operation of the facility: 1.No smoking sign to be posted in the food establishment. 2.A pest control program must be in place. 3.Trash dumpster and grease vessel (is applicable) must be in place. 4.An employee health policy, verbal or written, must be established. For more information, see the Commonwealth of Virginia Board of Health Food Regulations, 12 VAC 5-421- 80. 5.The hot water requirement at all hand sinks is 100°F and is 110°F at the 3-compartment sink. 6.ANSI approved Certified Food Manager will be required by July 1, 2018 At the time of pre-opening inspection, this office will verify that the above-mentioned items have been addressed. Please keep in mind that the above list is not all-inclusive. The facility falls under the Commonwealth of Virginia, State Board of Health, Food Regulations, which can be found at the following website: http://www.vdh.virginia.gov/EnvironmentalHealth/Food/Regulations/index.htm. See original comment letter dated March 23, 2018. Frederick County Fire Marshall: Approve. CUP approved provided that a site plan be submitted, and the structure is built to the life safety requirements of the Frederick County Fire Prevention Code unless you have an agricultural exemption from the Frederick County Building Official. See original comment letter dated February 23,2018. Historic Resources Advisory Board: Approve. See comment letter dated March 28, 2018. Page 5 CUP #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 Planning and Zoning: This application for a Conditional Use Permit (CUP) for the establishment of a special event facility for private events such as weddings or other similar type events and a separate restaurant (deli-style counter service use) accessory to a by-right farmers market. A special event facility and/or restaurant is a permitted use in the RA (Rural Areas) 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. West Oaks Farm is a working farm with orchards. An approximately 10,500 SF building is under construction for use as a farm market (anticipated opening late-spring 2018; see photos below). The Applicant, proposes having a separate space (totaling approximately 3,456-square feet) for private special events (including weddings, business meetings, birthday parties, showers, family reunions, etc.) as well as for events hosted by the farm market. The special event facility will include a catering kitchen for hired (outside) catering services to use during events to warm and cool food. This application also includes a proposal for a small counter-service restaurant within the farm market portion of the building which would serve deli-style food to farm market customers. The restaurant space will have a full commercial kitchen to accommodate a counter-service style restaurant serving a limited menu of food. The Applicant is also in the process of securing a license for on-site wine and beer sales. The proposed building (which includes the farm market, restaurant, and special event space) will have permanent bathroom facilities served by a septic/drainfield. The site will also have a commercial entrance for vehicles from Middle Road, and designate gravel parking area will also be provided. 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 Page 6 CUP #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 remain agricultural in nature and is not part of any land use study. The Board of Supervisors added 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 05/02/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a special event facility and restaurant 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 approved by Frederick County prior to the establishment of the use. 3.Building permits shall be acquired prior to establishment of the deli-style counter service restaurant use. 4.Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5.Special events may accommodate up to and not to exceed 275 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 05/02/18 MEETING: The Planning Commission held a public hearing on the proposed CUP on May 2, 2018. Planning Staff provided an overview of the proposed uses, noting the Applicant had satisfied all of the County requirements and addressed review agency comments. Staff noted that the special event facility and counter-service restaurant use would be accessory to the Applicants by-right farmers market, West Oaks Farm Market, currently under construction on the site. Staff continued that the Applicant proposes that special events may include private events for up to 275 persons such as weddings or reunions in addition to those customers of the farmers market, or special events associated with the farmers market activities. Page 7 CUP #04-18, West Oaks Farm Market Special Event Facility & Restaurant May 3, 2018 The Applicant, Mr. Joe Snapp, also spoke, again noting his request for a special event facility and restaurant. One member of the Planning Commission asked about the entrances proposed from Middle Road. Mr. Snapp noted that one entrance would be built to commercial entrance standards acceptable to VDOT and would serve the farmers market, the special event center, and restaurant uses. The other entrance would likely be a private/gated entrance for use by the farm operations and deliveries and not by customers/guests. No members of the public spoke during the public hearing portion of the meeting. The Planning Commission voted 12-0-1 (Commissioner Manuel absent) to forward the item to the Board of Supervisors with a recommendation of approval. CONCLUSION FOR THE 05/09/18 BOARD OF SUPERVISORS MEETING: This is a request for a Conditional Use Permit (CUP) for a special event facility and restaurant 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 approved by Frederick County prior to the establishment of the use. 3.Building permits shall be acquired prior to establishment of the deli-style counter service restaurant use. 4.Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5.Special events may accommodate up to and not to exceed 275 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. 278321RUBINETTE THE ORCHARD 131116 RUBINETTE CHEIFTON PL 395179CHEIFTON PL WAY RUBINETTE CUP # 04 - 18 WAY Subdivision 119 LICKSKILLET LNRUBINETTE WAY WAY CHEIFTON PL 210 RUBINETTE West Oaks Farm Market, LLC WAY ST 452 344 121 4338 628 BARLEY LN RUBINETTE PIN:RUBINETTE MIDDLE RD WAY 395 WAY LICKSKILLET LN 74 - A - 3 Special Event Facility 4101 140 Zoning Map MIDDLE RD LICKSKILLET LN 4468 MIDDLE RD 4063 4536 MIDDLE RD MIDDLE RD 4556 4668 4275 MIDDLE RD MIDDLE RD ST MIDDLE RD 4634 628 MIDDLE RD 4670 MIDDLE RD 4708 MIDDLE RD 4639 MIDDLE RD 4706 MIDDLE RD 4253 MIDDLE RD 4750 MIDDLE RD 4719 4661 MIDDLE RD MIDDLE RD 110 4743 BARLEY LN MIDDLE RD 4687 MIDDLE RD 4771 CUP #04-18 MIDDLE RD 4685 MIDDLE RD 141 74 A 3 GERMANY RD 4701 MIDDLE RD 161 GERMANY RD 203 4255 GERMANY RD MIDDLE RD 1690 SPRINGDALE RD 221 GERMANY RD 1744 4555 SPRINGDALE RD MIDDLE RD 1786 SPRINGDALE RD 1686 1783 SPRINGDALE RD SPRINGDALE RD 1662 SPRINGDALE RD 1755 SPRINGDALE RD 1640 834 SPRINGDALE RD 309 SHADY GERMANY RD ELM RD ST 649 950 CARTERS LN 1711 SPRINGDALE RD SPRINGDALE GLEN Subdivision 01 37 Applications ST CARROLLTON 649 Parcels ESTATES Building Footprints Subdivision B1 (Neighborhood Business District) 634 B2 (General Business District) SPRINGDALE RD B3 (Industrial Transition District) EM (Extractive Manufacturing District) BERRY HILL HE (Higher Education District) Subdivision M1 (Light Industrial District) Note: CUP # 04 - 18 M2 (Industrial General District) Frederick County Dept of MH1 (Mobile Home Community District) West Oaks Planning & Development I MS (Medical Support District) 107 N Kent St Farm Market, LLC Suite 202 OM (Office - Manufacturing Park) PIN: Winchester, VA 22601 R4 (Residential Planned Community District) 74 - A - 3 540 - 665 - 5651 R5 (Residential Recreational Community District) Special Event Facility Map Created: March 30, 2018 RA (Rural Areas District) Zoning Map Staff: tklein RP (Residential Performance District) 05001,0002,000Feet 278321RUBINETTE THE ORCHARD 131116 RUBINETTE CHEIFTON PL 395179CHEIFTON PL WAY RUBINETTE CUP # 04 - 18 WAY Subdivision 119 LICKSKILLET LNRUBINETTE WAY WAY CHEIFTON PL 210 RUBINETTE West Oaks Farm Market, LLC WAY ST 452 344 121 4338 628 BARLEY LN RUBINETTE PIN:RUBINETTE MIDDLE RD WAY 395 WAY LICKSKILLET LN 74 - A - 3 Special Event Facility 4101 140 Location Map MIDDLE RD LICKSKILLET LN 4468 MIDDLE RD 4063 4536 MIDDLE RD MIDDLE RD 4556 4668 4275 MIDDLE RD MIDDLE RD ST MIDDLE RD 4634 628 MIDDLE RD 4670 MIDDLE RD 4708 MIDDLE RD 4639 MIDDLE RD 4706 MIDDLE RD 4253 MIDDLE RD 4750 MIDDLE RD 4719 4661 MIDDLE RD MIDDLE RD 110 4743 BARLEY LN MIDDLE RD 4687 MIDDLE RD 4771 CUP #04-18 MIDDLE RD 4685 MIDDLE RD 141 74 A 3 GERMANY RD 4701 MIDDLE RD 161 GERMANY RD 203 4255 GERMANY RD MIDDLE RD 1690 SPRINGDALE RD 221 GERMANY RD 1744 4555 SPRINGDALE RD MIDDLE RD 1786 SPRINGDALE RD 1686 1783 SPRINGDALE RD SPRINGDALE RD 1662 SPRINGDALE RD 1755 SPRINGDALE RD 1640 834 SPRINGDALE RD 309 SHADY GERMANY RD ELM RD ST 649 950 CARTERS LN 1711 SPRINGDALE RD SPRINGDALE GLEN Subdivision 01 37 ST CARROLLTON 649 ESTATES Subdivision 634 SPRINGDALE RD BERRY HILL Subdivision Note: CUP # 04 - 18 Frederick County Dept of West Oaks Planning & Development I 107 N Kent St Farm Market, LLC Suite 202 PIN: Winchester, VA 22601 74 - A - 3 540 - 665 - 5651 Applications Special Event Facility Map Created: March 30, 2018 Parcels Location Map Staff: tklein Building Footprints 05001,0002,000Feet