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019-19 (CUPLandfallLodge) CONDITIONAL USE PERMIT #06-19 Landfall Lodge - Special Event Facility Staff Report for the Board of Supervisors Prepared: August 29, 2019 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: 08/07/19 Public Hearing Held; Recommended Approval Board of Supervisors: 09/11/19 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 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.Building permits are required for any new building or structures. 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 250 persons. 6.Only the main entrance driveway associated with the address 350 Chestnut Grove Road, shall be open to special event traffic. All other entrances to the property should be gated for private/residential/agricultural traffic only. 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. Page 2 CUP #06-19, Landfall Lodge Special Event Facility August 29, 2019 LOCATION: The subject properties are located .6 miles off Route 522 North (North Frederick Pike) onto Route 681 (Chestnut Grove Road). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 30-A-50 and 30-A-50D PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential/Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential (single-family detached) South: RA (Rural Areas) Use: Residential (SFD) East: RA (Rural Areas) Use: Vacant/Agricultural West: RA (Rural Areas) Use: Residential (SFD)/Agricultural PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special event center for weddings, business meetings, birthday parties, showers, reunions, charity events, and other similar type events. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have no measurable impact on Route 681, the VDOT facility which would provide access to the property. The existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. See original comment email dated July 10, 2019. Frederick County Inspections: Conditional Use Permit for use of existing structures associated with an operational farm for events. 2015 Virginia Construction Code exempts- Farm buildings and structures, except for a building or a 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 Chap 2 (Section 35.1-11 et seq.) of Title 35.1 of the Code of Virginia. However, farm buildings and structures lying within a flood plain or in a mudslide prone area shall be subject to floodproofing regulations or mudslide regulations Page 3 CUP #06-19, Landfall Lodge Special Event Facility August 29, 2019 as applicable (USBC Sec 102.3) - Farm Buildings or Structure. A building or structure not used for residential purposes, located on property where farming operations take place and used primarily or any of the following uses or combination thereof. 1. Storage, handling, production, display, sampling or sale of agricultural, horticultural, floricultural or silvicultural products produced in the farm. 2.Sheltering, raising, handling, processing or sale of agricultural animals or agricultural animal products. 3.Business or office uses relating to the farm operations. 4.Use of farm machinery or equipment or maintenance or storage of vehicles, machinery or equipment on the farm. 5.Storage or use of supplies and materials used on the farm. 6.Implementation of best management practices associated with farm operations. See original comment letter dated April 18, 2019. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for issuing a Conditional Use Permit for operating a proposed Special Event Facility located at Landfall Farm, 350 Chestnut Grove Rd., Winchester, VA 22603; Tax Map #30-A-50 & 50D. Information provided by the Applicant indicates that the facility was open to the public in 2018, hosting six weddings with an average of 70 guest each. Additional venues are scheduled for 2019. The Applicant anticipates that guest at any one event will thth average about 50-125. The operating season will occur April 15 through November 15. The Applicant states that meals will not be prepared on-site, but that food will be provided by caterers. No dishwashing will take place on premises, as caterers will remove all dishes form premises when event is over and carry back to their permitted facilities for washing. In addition, Applicant states that portable toilets will be used for larger events. However, during a phone conversation the Applicant says that he intends to work toward working with the private sector (OSE or PE) to locate an on-site sewage disposal system that will serve the sewage disposal needs of the proposed facility. Applicant is welcomed to contact this Health Department at (540) 722-3480 about any part of this correspondence. See original comment letter dated April 18, 2019. Frederick County Fire Marshall: Approve. CUP approved provided that all structures/buildings/facilities that fall within the scope of this CUP comply with the Frederick County Fire Prevention Code unless structures/buildings/facilities have an Agricultural Exception from the Frederick County Building Official. See original comment letter dated April 24, 2019. Page 4 CUP #06-19, Landfall Lodge Special Event Facility August 29, 2019 Historic Resources Advisory Board: Approve. See comment letter dated April 11, 2019. 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 (birthday parties, charity events, family reunions, etc.). A special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CU event 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 188-acre property consisting of two (2) parcels, which includes a single-family detached residence and detached structures including a barn and cottage. The property also includes two (2) ponds, Hogue Creek frontage, and 150-wooded acres protected in a conservation easement. The application notes the property is a working farm and timber operation. The Applicants also reside on the premise in the single-family detached residence. The special event center will be accessed via the main entrance to the property (addressed 350 Chestnut Grove Road), all other entrances to the property are private and not open to special event traffic to minimize impacts to private driveways and adjoining residences. Portable restroom facilities will also be provided for special events. The Applicant states there is a catering kitchen for use during special events (warming and cooling for prepared food only). 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 tional use list for the Co District in 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 08/07/19 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 Page 5 CUP #06-19, Landfall Lodge Special Event Facility August 29, 2019 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.Building permits are required for any new building or structures. 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 250 persons. 6.Only the entrancedriveway associated with the address 350 Chestnut Grove Road, shall be open to special event traffic. All other entrances to the property should be restricted for private/residential/agricultural traffic only. 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. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 08/07/19 MEETING: The Planning Commission held a public hearing on the proposed Conditional Use Permit (CUP) on August 7, 2019. Planning Staff provided an overview of the proposed use (special event facility) and property located at 350 Chestnut Grove Road, noting the property was approximately 188-acres of which 150-acres was protected in a conservation easement. Staff noted that the Applicant had agreed to restrict the entrances for use during special events and that only to the main entrance for 350 Chestnut Grove Road would serve for access to special event traffic. Staff noted that the Applicant further agreed to restrict the other entrances to the property for private/agricultural use. Mr. Lowell Henderson, the Applicant, came forward to give a brief overview of the requested CUP. Mr. Henderson stated his goal is to ensure that continued revenue opportunities for his children and generations to come offset the significant cost to maintain the property. After several charity and family events they were approached by friends about renting the barn for other functions. Mr. Henderson specifically spoke to the concerns raised regarding access to the Page 6 CUP #06-19, Landfall Lodge Special Event Facility August 29, 2019 property, and that he agreed with the restriction to only the main entrance for special events. Two (2) members of the public spoke in opposition to the CUP application, citing concerns with traffic passing in front of their property along the shared private entrance with the special event facility. Two (2) members of the public spoke in support of the CUP application, noting the charity events benefits the local community. The Planning Commission discussed the proposal, and asked the Applicant if he would consider a modification to Condition #6 to physically restrict traffic to the main entrance and all other entrances be gated and locked during events. The Applicant agreed to the proposed change to the Conditions of Approval. The Planning Commission unanimously (Commissioner Thomas absent) recommended approval for CUP #06-19 for Landfall Lodge, submitted for a special event facility. EXECUTIVE SUMMARY AND PLANNING COMMISSION RECOMMENDATION FOR THE 09/11/19 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.Building permits are required for any new building or structures. 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 250 persons. 6.Only the main entrance driveway associated with the address 350 Chestnut Grove Road, shall be open to special event traffic. All other entrances to the property should be gated for private/residential/agricultural traffic only. Page 7 CUP #06-19, Landfall Lodge Special Event Facility August 29, 2019 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. CHESTNUTHUNTING MYERS LN 674 CUP # 06 - 19: Landfall Lodge 260 GROVE RDRIDGE RD 263 CHESTNUT MYERS LN MYERS LN GROVE RD PINs: 30 - A - 50, 30 - A - 50D 339 MYERS LN Special Event Facility 581 581 Zoning Map CHESTNUT CHESTNUT GROVE RD GROVE RD 520 CHESTNUT GROVE RD 520 356 CHESTNUT MYERS LN 520 GROVE RD 443 CHESTNUT CHESTNUT GROVE RD GROVE RD 488 488 575 404 CHESTNUT CHESTNUT CHESTNUT MYERS LN GROVE RD GROVE RD GROVE RD 415 492 CHESTNUT 422 CHESTNUT GROVE RD MYERS LN GROVE RD 333 CHESTNUT GROVE RD CUP #06-19 30 A 50D 4600 301 321 N FREDERICK CUP #06-19 CHESTNUT CHESTNUT PIKE 314 GROVE RD GROVE RD CHESTNUT 278 30 A 50 GROVE RD CHESTNUT 297 GROVE RD CHESTNUT 279 GROVE RD 4598 CHESTNUT 238 236 N FREDERICK GROVE RD CHESTNUT CHESTNUT PIKE GROVE RD 201GROVE RD CHESTNUT 243 GROVE RD 4608 CHESTNUT N FREDERICK GROVE RD 4570 PIKE N FREDERICK222 177 240 PIKE CHESTNUT CHESTNUT CHESTNUT 4580 GROVE RD GROVE RD GROVE RD N FREDERICK 4508 198 PIKE N FREDERICK 4564 CHESTNUT 4502 PIKE N FREDERICK GROVE RD 178 N FREDERICK PIKE CHESTNUT 4544 PIKE GROVE RD N FREDERICK £ ¤ 220 139 PIKE 522 CHESTNUT CHESTNUT 4651 146 GROVE RD GROVE RD N FREDERICK CHESTNUT 331 PIKE GROVE RD 4502 HUNTING N FREDERICK 104 RIDGE RD 4523 PIKE CHESTNUT N FREDERICK GROVE RD PIKE 106 CHESTNUT GROVE RD 4493 329 N FREDERICK HUNTING PIKE RIDGE RD 327 HUNTING 180 RIDGE RD 4242 QUIET N FREDERICK 216 MEADOW LN 4323 PIKE QUIET N FREDERICK £ ¤ MEADOW LN 522 366 PIKE 328 QUIET4048 QUIET MEADOW LN N FREDERICK MEADOW LN 329 Gainesboro PIKE £ ¤ HUNTING 366 4309 522 RIDGE RD QUIET N FREDERICK 492 MEADOW LN PIKE 3906 QUIET 151 N FREDERICK MEADOW LN HUNTING PIKE RIDGE RD µ Application Parcels Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 0487.59751,950Feet Map Created: July 12, 2019 CHESTNUTHUNTING MYERS LN 674 CUP # 06 - 19: Landfall Lodge 260 GROVE RDRIDGE RD 263 CHESTNUT MYERS LN MYERS LN GROVE RD PINs: 30 - A - 50, 30 - A - 50D 339 MYERS LN Special Event Facility 581 581 Location Map CHESTNUT CHESTNUT GROVE RD GROVE RD 520 CHESTNUT GROVE RD 520 356 CHESTNUT MYERS LN 520 GROVE RD 443 CHESTNUT CHESTNUT GROVE RD GROVE RD 488 488 575 404 CHESTNUT CHESTNUT CHESTNUT MYERS LN GROVE RD GROVE RD GROVE RD 415 492 CHESTNUT 422 CHESTNUT GROVE RD MYERS LN GROVE RD 333 CHESTNUT GROVE RD CUP #06-19 30 A 50D 4600 301 321 N FREDERICK CUP #06-19 CHESTNUT CHESTNUT PIKE 314 GROVE RD GROVE RD CHESTNUT 278 30 A 50 GROVE RD CHESTNUT 297 GROVE RD CHESTNUT 279 GROVE RD 4598 CHESTNUT 238 236 N FREDERICK GROVE RD CHESTNUT CHESTNUT PIKE GROVE RD 201GROVE RD CHESTNUT 243 GROVE RD 4608 CHESTNUT N FREDERICK GROVE RD 4570 PIKE N FREDERICK222 177 240 PIKE CHESTNUT CHESTNUT CHESTNUT 4580 GROVE RD GROVE RD GROVE RD N FREDERICK 4508 198 PIKE N FREDERICK 4564 CHESTNUT 4502 PIKE N FREDERICK GROVE RD 178 N FREDERICK PIKE CHESTNUT 4544 PIKE GROVE RD N FREDERICK £ ¤ 220 139 PIKE 522 CHESTNUT CHESTNUT 4651 146 GROVE RD GROVE RD N FREDERICK CHESTNUT 331 PIKE GROVE RD 4502 HUNTING N FREDERICK 104 RIDGE RD 4523 PIKE CHESTNUT N FREDERICK GROVE RD PIKE 106 CHESTNUT GROVE RD 4493 329 N FREDERICK HUNTING PIKE RIDGE RD 327 HUNTING 180 RIDGE RD 4242 QUIET N FREDERICK 216 MEADOW LN 4323 PIKE QUIET N FREDERICK £ ¤ MEADOW LN 522 366 PIKE 328 QUIET4048 QUIET MEADOW LN N FREDERICK MEADOW LN 329 Gainesboro PIKE £ ¤ HUNTING 366 4309 522 RIDGE RD QUIET N FREDERICK 492 MEADOW LN PIKE 3906 QUIET 151 N FREDERICK MEADOW LN HUNTING PIKE RIDGE RD µ Application Parcels Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 0487.59751,950Feet Map Created: July 12, 2019