041-25 OrdAmendment(Chapter165Zoning(SpecialEventFacilities)) ORDINANCE
Action:
PLANNING COMMISSION: December 4, 2024 Approved
BOARD OF SUPERVISORS. Janu 8, 2025 Addo ted
TO AMEND CHAPTER 165 - ZONING
ARTICLE 111
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS
FOR SPECIFIC USES
Part 204-Additional Regulations for Specific Uses
§165-204.30. Special event facilities
WHEREAS, a proposal was presented to amend Chapter 165 — Zoning Ordinance to modify the
additional regulations for special event facilities and parking surface material; and
WHEREAS,the Plarming Commission held a public hearing on the proposed ordinance amendment
on December 4, 2024 and recommended approval of the ordinance amendment; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed
ordinance amendment on January 8, 2025;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in
the interest of public health, safety, general welfare, and good zoning practice, the amendment to
Chapter 165 —Zoning Ordinance for special event facilities and parking surface material; is adopted.
Passed this January 8, 2025, by the following recorded vote.
Josh E. Ludwig, Chairman Aye John F. Jewell Aye
Heather H. Lockridge Aye Robert W. Wells Aye
Blain P. Dunn Aye Judith McCann-Slaughter Aye
Robert T. Liero Aye
A COPY ATTEST
MichaelL. lIhoefer
Frederick County Administrator
Res. No. 041-25
Revised October 3,2024
§ 165-204.30. Special event facilities. [Added 5-24-20171
Special events facilities, where allowed in the RA(Rural Areas)District, shall be subject to the
following requirements.
A. An illustrative sketch plan in accordance with the requirements of Article VIII shall be
submitted with the conditional use permit application. This plan shall identify access for the
facility, the location of all parking areas, the location and square footage for all structure(s)
to be used, and the location of sewage disposal facilities.
B. All structures associated with a special events facility shall require a review and approval by
the Building Official. [Amended 12-11-20191
B-.C.Private entrances, driveways, and all travel ways accessing-the required off-street parking
areas shall be provided with a gravel surface or an approved equivalent
ED.Adequate area for off-street parking on stable ground shall be provided for the special events
center. Parking areas shall be maintained regularly, free of mud, and stabilized with
vegetation. Tracking of mud and debris onto roadways is not permitted. Parking related to
or required for other approved businesses or business activity on the property shall meet the
requirements of §165-202.01 for off-street parking and parking ots At no time shall the
parking of vehicles obstruct vehicular traffic or impede access to emergency services.
Accessible Parking shall be provided as required by Virginia Unform Statewide Buildin
Code. . The Board of Supervisors may
require through the conditional use permit process that all travel aisles and/or parking spaces
be graveled, paved with a minimum double prime and seal_,or alternative--du-s� surface.
Additional requirements may be required as determined by the Frederick County Fire Marshal
to maintain fire department apparatus access.
D-.E.Portable toilets shall be permitted for special event facilities,provided that they are screened
from all adjoining properties and roads by topography, structures or new or existing
landscaping.
E—. Special events facilities that share a private access easement with another property owner/s
must show the easement allows a use of this type or written permission must be obtained by
the sharing parties.
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`i
COUNTY of FREDERICK
Department of Planning and Development
w 540/665-5651
Fax: 540/665-6395
MEMORANDUM
TO: Board of Supervisors
FROM: Amy Feltner, Planner
SUBJECT: Ordinance Amendment—Special Event Facilities
DATE: December 5,2024
Proposal:
This is a proposal to modify the surface material of the required parking areas associated with a special
event facility. The amendment would remove the requirement that all parking and travel aisles for special
event facilities be gravel.
The proposed amendments to the ordinance were initiated by staff at the request of the Board of Supervisors.
Special Events Facility 065-204.30
Special event facilities are permitted in the RA (Rural Area) with an approved Conditional Use Permit
(CUP). The intent for this modification is to permit the dual use of pasture and meadows for parking for
the events without requiring the property owner to gravel such surfaces that are infrequently used for
parking. All other approved businesses or business activity operated on the property that are not directly
the special event use shall meet the requirements for off-street parking and parking lots.
DRRC Summary:
The Development Review and Regulations Committee (DRRC) discussed the item on October 24, 2024.
A sliding scale concept based upon the number of events held or occupant load was considered. Staff s
ability to enforce sliding scales based upon number of events would be problematic. An approved
Conditional Use Permit typically conditions the maximum number of people or attendees, and not always
the number of events held annually. The amendment would be applied universally,however,each situation
could be handled on a case-by-ease basis as a part of the Conditional Use Permit process, as well as the
Board of Supervisors authority to require additional surface materials if warranted.
The Committee noted concern that driveways and travel ways would also be permitted to be of any material.
Clarification is needed to require driveways and all travel ways leading to and accessing the parking area
to have a minimum gravel surface. These changes were incorporated into the proposed amendment. The
intent is to require a gravel, or equivalent surface, for travel ways leading to,but not within the designated
parking areas.
Conclusion and Requested Action:
The Planning Commission held a public hearing on December 4,2024. There were no public speakers. A
Planning Commissioner raised concern about requiring the parking area to require anything material for the
parking area that would be detrimental to the pasture or meadow areas. It was discussed that this
amendment would be less strict on what is currently required for Special Event Facilities in the Rural Area
(RA)with the approved Conditional Use Permit(CUP).The Planning Commission voted 10 in favor of the
amendment and 1 opposed. The attached documents show the existing ordinance with the proposed
changes.
Staff is seeking a decision by the Board of Supervisors on this proposed amendment.
ALF/pd
Attachment: I. Draft Ordinance Amendment