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HomeMy WebLinkAbout07-17 BOS Staff ReportCONDITIONAL USE PERMIT #07-17 Caroline (Dixie) Scheulen - Special Event Facility Staff Report for the Planning Commission Prepared: December 5, 2017 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: 09/20/17 Public Hearing Held; Postponed Planning Commission: 11/01/17 Recommended Approval Board of Supervisors: 12/13/17 Pending EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 12/13/17 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, 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 engineered site 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. Building permits are also required for all buildings and structures. 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. Access to the site shall be provided to Woodchuck Lane (Route 654) via Barracks Lane (private internal access drive). The Applicant shall relocate Barracks Lane on PIN 52-A- 261 to ensure the access drive to the event center is not immediately adjacent to the southern property boundary of Parcel 52-A-280A in general conformance with the layout below: Page 2 CUP #07-17, Caroline Dixie Scheulen – Special Event Facility December 5, 2017 7. In the future, should the owner of parcel 52-A-261 be able to secure private access to Cather Lane (Route 711), Round Hill Road (Route 803), or Woodchuck Lane (Route 654) through a recorded deed of easement or written consent from the property owner, a new CUP would not be required to implement such access. 8. Events may accommodate up to and not to exceed 280 persons. 9. 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. 10. 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 3 CUP #07-17, Caroline Dixie Scheulen – Special Event Facility December 5, 2017 LOCATION: This approximately 135-acre property is located at 283 Barracks Lane, Winchester, Virginia, immediately south of Route 50 (Northwestern Pike) and Round Hill Road and immediately west of Woodchuck Lane. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 52-A-261 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agriculture/Open Space ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural/Vacant South: RA (Rural Areas) Use: Residential/Agricultural East: RP (Residential Performance) Use: Residential West: RA (Rural Areas) Use: Residential/Agricultural PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special event center for weddings and other similar type events in the RA (Rural Areas) Zoning District. Improvements to the property will include construction of a 5,000-square foot (SF) event center (including restrooms, kitchen and storage), a 600 SF detached bridal suite, a concrete patio and gazebo. The Applicant intends to develop this project in phases. REVIEW EVALUATIONS: Virginia Department of Transportation: (10-11-17 VDOT Comment Letter) The existing entrance (Barracks Lane) meets the minimum sight distance requirements for a commercial entrance/street connection. Moving the entrance east along the property frontage on Woodchuck Lane would present more challenges to overcome, foremost obtaining substantial permanent sight distance easements from the neighbor across the street and the neighbor to the east. The Round Hill Road option isn’t a great location either with the undesirable skew of the railroad tracks which are located in the functional area of the intersection. (06-30-17 VDOT Comment Letter) The application for the Conditional Use Permit for this property appears to have a measurable impact on Route 803 (Round Hill Road), the VDOT facility which would provide access to the property. Prior to operation of the business a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State’s right-of-way must be covered under a land use permit. The Page 4 CUP #07-17, Caroline Dixie Scheulen – Special Event Facility December 5, 2017 permit is issued by this office and requires an inspection fee and surety coverage. Frederick County Inspections: Please see attached comments from Mark Fleet, Building Code Official dated August 17, 2017. Winchester-Frederick County Health Department: Please see attached letter from Herbert Cormier, Environment Health Supervisor, Lord Fairfax Health District dated June 1, 2017. Frederick Water: No comments. Frederick County Fire Marshall: Please see attached comments from Kenneth Scott, Jr., Fire Inspector, Fire & Rescue dated June 5, 2017. City of Winchester: No comments. Winchester Regional Airport: No comments. Historic Resources Advisory Board: Please see attached letter from Candice E. Perkins, AICP, Assistant Director/Staff to HRAB, dated June 23, 2017. Planning and Zoning: This application is 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 Zoning Ordinance defines “special event facility” as 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. This proposed use will take place on a 135.8-acre property, which is currently being used for agricultural purposes (raising of cattle and farming hay). The special event facility will be accessed via Barracks Lane (a private drive), from Woodchuck Lane (State Route 654), a state-owned roadway. 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. The Applicant proposes to erect an approximately 5,000 square foot (SF, 50’ x 100’) one-story event center, which includes a kitchen, permanent restrooms, banquet hall and storage, a separate approximately 600 SF bridal suite, and an outdoor concrete patio and gazebo. This facility may accommodate events up to 280 persons (note: actual occupancy, not to exceed 280 persons, will be determined at time of site plan). The Applicant states the design and architecture of the proposed event center and accessory buildings will be consistent with structures found in the County’s rural areas. The Applicant also intends phase construction of the facility and accessory structures. All buildings relating to the proposed use, a special event facility, would require building permits and would not be eligible for an agricultural exemption. Page 5 CUP #07-17, Caroline Dixie Scheulen – Special Event Facility December 5, 2017 The property is surrounded by RA (Rural Areas) and RP (Residential Performance) zoned property, which includes open space, agricultural uses, and single-family detached residences. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as “rural” and is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors added “special event facilities” to the conditional use list for the County’s Rural Areas Zoning District in May 2017 to support additional opportunities for agribusiness and agritourism. “Agritourism” is broadly defined in the Zoning Ordinance as: any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity. The proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan and the definitions and provisions included in the Frederick County Zoning Ordinance. STAFF CONCLUSIONS FOR THE 09/20/17 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. An engineered site 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. Building permits are also required for all buildings and structures. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. Events may accommodate up to and not to exceed 280 persons. 5. 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. 6. Any expansion or modification of this use will require the approval of a new CUP. Page 6 CUP #07-17, Caroline Dixie Scheulen – Special Event Facility December 5, 2017 PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/20/17 MEETING: The Planning Commission held a public hearing on September 20, 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, Mrs. Caroline “Dixie” Scheulen also spoke, noting her desire to open a special event facility for weddings at 238 Barracks Lane, and to maintain the rural character of the property, and be a good neighbor along Woodchuck Lane. Mrs. Claire Boyd, the property owner and co-applicant, also spoke on the merits of the application, and a demand for a wedding venue to support visitors from Northern Virginia, and nearby states, in addition to local residents. During the public hearing, several members of the public spoke in opposition of the proposed special event facility, citing concerns regarding traffic along Woodchuck Lane, vehicle safety entering and leaving the site, noise from live music, outdoor lighting shining onto adjacent homes and trash. Planning Staff responded to several of the concerns raised by the public, specifically vehicle access, safety, noise, and lighting: Vehicle Access & Safety: As evaluated by the Virginia Department of Transportation (VDOT) as part of the CUP application, Barracks Lane is the preferred point-of-access due to appropriate sight distance onto Woodchuck Lane, and from Woodchuck Lane onto Round Hill Road (old Route 50). Barracks Lane is also a private drive on the Applicants property. Staff noted one solution may be the relocation of Barracks Lane along the property frontage and away from the neighboring residence, however, this would require an additional review from VDOT to ensure it would be appropriate. Other alternative vehicle access evaluated by VDOT and Planning Staff included: shared private access to existing Cather Lane to Round Hill Road; shared private access across the old Round Hill Volunteer Fire Station property to Round Hill Road; and proposed private access across an adjacent owner’s property to Round Hill Road. Staff noted that under the County’s Zoning Ordinance’s “Supplemental Use Regulations for Special Event Facilities,” shared access across adjacent property would also require the Applicant to have written consent from those owners to utilize a private easement and as such these other points of access may not be feasible. Staff further stated that VDOT had informally commented that these alternatives also may present issues with site distance onto Round Hill Road. The Planning Commission directed Staff to work with the Applicant, and VDOT, to consider relocation of Barracks Lane east along the property frontage to have less impact on an adjacent property. Noise: Staff noted noise was evaluated during the CUP application. The proposed buildings would need to adhere to the Virginia (VA) Statewide Building Code requirements, and a Condition had been included regarding hours of operation. Staff also noted the location of the proposed building was more than 1,300 FT from the nearest residential property line. Page 7 CUP #07-17, Caroline Dixie Scheulen – Special Event Facility December 5, 2017 The Planning Commission directed Staff to work with the Applicant to further restrict outdoor music, as applicable, to not adversely impact adjacent residences. Lighting: Staff noted outdoor lighting would be evaluated during review of the site plan application, and that the County’s Zoning Ordinance contained provisions for outdoor lighting standards. Staff also noted the location of the proposed building was more than 1,300 FT from the nearest residence. The Planning Commission directed Staff to work with the Applicant to further restrict outdoor lighting, as applicable, to not adversely impact adjacent residences. The Planning Commission continued to discuss the merits of the application, and concerns raised by members of the public. The Planning Commission voted 8-3-1 (Commissioners Marston, Ambrogi & Manual objecting; Commissioner Oates absent) to postpone action for 30-days on the CUP application, and requested Staff work to with the Applicant to include additional Conditions of Approval to address comments and concerns raised during the public hearing and Planning Commission discussion. Staff noted the application would come back to the Planning Commission at the November 1, 2017 meeting. STAFF CONCLUSIONS FOR THE 11/01/17 PLANNING COMMISSION MEETING: Following the Planning Commission Public Hearing and discussion on September 20, Staff sought additional written comments from VDOT (attached, dated 10-11-17) regarding the proposed point- of-access using Barracks Lane, and alternative points-of-access. Per VDOT’s comments, the current location of the Barracks Lane ingress from and egress to Woodchuck Lane is preferred as it meets sight distance requirements for vehicle safety. Alternative points-of-access (i.e. to Round Hill Road through the old Round Hill Volunteer Fire Station property or relocating Barracks Lane to the east) have restricted lines of sight which may impede vehicle safety exiting the property and would require the Applicant to acquire sight distance easements from neighboring properties. Additional points-of-access evaluated by Staff included: Cather Lane (State Roadway 711), direct access to Round Hill Road (State Roadway 803) or another connection to Woodchuck Lane (Route 654). Cather Lane is currently an unpaved roadway, of minimal width, with an un-signalized railroad crossing. Based on Staff’s research, it does not appear the Applicant’s property has direct access to Cather Lane through a private access agreement or recorded deed -of-easement. Direct access from the subject property to Round Hill Road, or to Woodchuck Lane at a different location, would require the Applicant to obtain ownership of adjacent private property or written permission from the adjoining property owner to access the state road network. As required under the County’s Zoning Ordinance “Supplemental Use Regulations for Special Event Facilities” (Section §165- 204.03(E)), special event 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. Page 8 CUP #07-17, Caroline Dixie Scheulen – Special Event Facility December 5, 2017 To address comments identified at the September 20th Planning Commission Public Hearing, Staff has drafted additional conditions (see numbers 4, 5, 6, & 7 below). These new conditions further prohibit outdoor music after 9 p.m.; would require any outdoor lighting to be downcast to avoid glare onto adjacent properties and residences; and would realign the internal access drive (Barracks Lane) to avoid traffic passing directly by and vehicle headlights shining directly onto an adjacent residence. Further, Staff has included a condition to allow a new point-of-access without requiring a new CUP should the Applicant be able to secure a deed of easement or written consent from an adjacent property owner for use. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. An engineered site 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. Building permits are also required for all buildings and structures. 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) Access to the site shall be provided to Woodchuck Lane (Route 654) via Barracks Lane (private internal access drive). The Applicant shall relocate Barracks Lane on PIN 52-A- 261 to ensure the access drive to the event center is not immediately adjacent to the southern property boundary of Parcel 52-A-280A in general conformance with the layout below: Page 9 CUP #07-17, Caroline Dixie Scheulen – Special Event Facility December 5, 2017 7) In the future, should the owner of parcel 52-A-261 be able to secure private access to Cather Lane (Route 711), Round Hill Road (Route 803), or Woodchuck Lane (Route 654) through a recorded deed of easement or written consent from the property owner, a new CUP would not be required to implement such access. 8) Events may accommodate up to and not to exceed 280 persons. 9) 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. 10) Any expansion or modification of this use will require the approval of a new CUP. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/17 MEETING: The Planning Commission held a public meeting on the proposed CUP on November 1, 2017. The Planning Commission Chair acknowledged at the start of the meeting the receipt of more than 28 pieces of correspondence regarding the proposed CUP, and noted that a public hearing had been held on September 20th. During the “Public Comment” portion of the agenda seven (7) members of the public spoke in opposition to the proposed CUP citing the following concerns: outdoor music & noise, traffic along Woodchuck Lane & Round Hill Road, safety of residents, children & visitors, supervision (or perceived lack-there-of) during special events, water usage, and the lack of existing agriculture activities on the property. Staff provided a brief overview of the proposal, also acknowledged receipt of written public comment, and spoke to changes made to the application and additional recommended Conditions of Approval from the September 20th Planning Commission Public Hearing. Staff noted th e Planning Commission had specifically raised three (3) concerns to be further evaluated, including: traffic, access & safety, noise, and site lighting; further Staff noted how new conditions provided Page 10 CUP #07-17, Caroline Dixie Scheulen – Special Event Facility December 5, 2017 sought to mitigate these concerns. The Planning Commission had several additional questions, which Staff addressed regarding: water/septic use on site specific to a commercial kitchen; hours of operation; and how this “commercial” type use fit with the agricultural nature of the site and surrounding Round Hill Community. Staff reiterated that under the County’s 2035 Comprehensive Plan and definition of “agritourism” in the Zoning Ordinance, this type of facility was envisioned as compatible, given the Applicant intended to continue to farm the balance of the si te. Further Staff clarified that there were other uses, with similar or greater traffic generation, that would otherwise be allowed by-right without requiring an approved CUP or site plan, such as farm wineries/farm breweries, civic and other assembly type uses, and farmers markets. Staff noted for farm wineries and civic uses, weddings and other special events could be held as “accessory” type events. Staff clarified that in this request, the proposal is considered a commercial-type building for building classification purposes, as it does not meet the requirements for “agricultural exemption” as defined by the Virginia Statewide Building Code. The Applicants also spoke, clarifying comments raised during the “Public Comment” period and in e-mails/letters to the Planning Commission by neighbors. The Applicants stated they intend to farm the balance of the property’s acreage, and had already planted grass for next season to feed their cattle. The Applicant’s further reaffirmed their desire to be good neighbors, to listen and understand their neighbors’ concerns presently and in the future and to resolve issues with the special event center in a timely manner if they were to arise. The Applicants stated that their special event facility would be supervised at-all-times by one of the property owners or their designee to ensure safety of guests, outside vendors and others. The Applicant noted they would also be vigilant to the property and clean up any trash and keep the facility attractive to guest and neighbors. The Applicants concluded highlighting the financial benefit of this type of facility to the Frederick County and Winchester economies, stating it would not only support their family farm, but also other small businesses in the community such as photographers, caterers, and other vendors. In response to additional questions by the Planning Commission, Staff noted that CUP’s “run with the land” and that any future sale or transfer of the property would include the CUP for a special event facility. Staff clarified the recourse for CUP’s that are in violation of their conditions, noting it was ultimately up to the Board of Supervisors to revoke an approved CUP. Commissioner Kenney expressed his concern with the proposal, specifically the opposition from neighbors, the traffic along Woodchuck Lane and the impact on adjacent residences, and the perception of locating a “commercial” type use in a rural/residential area. Commissioner Marston stated his support for the proposal, citing the work put into the application to address concerns of neighbors and his confidence in the Applicant to run a successful business. There was no further discussion by the Planning Commission. The Planning Commission voted 9-1-3 (Commissioner Kenney opposed; Commissioners Oates, Thomas and Unger absent) to forward the item to the Board of Supervisors with a recommendation of approval with conditions. Page 11 CUP #07-17, Caroline Dixie Scheulen – Special Event Facility December 5, 2017 EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 12/13/17 BOARD OF SUPERVISORS MEETING: Following the Planning Commission Public Meeting on November 1, 2017 at the request of the Applicant, Planning & Development Staff requested VDOT comment on a change in the proposed entrance from Barracks Lane to use of the Applicants private access to Round Hill Road (across property presently owned by the Round Hill Volunteer Fire Company). In an email dated November 7, 2017, VDOT confirmed they had no objection to the use of the Applicant’s 50 foot (FT)-wide private access easement to Round Hill Road as the main entrance to the proposed special event facility. As required under the County’s Zoning Ordinance “Supplemental Use Regulations for Special Event Facilities” (Section §165-204.03(E)), special event 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. The County Attorney notes the Applicant’s deed provides a private 50-FT access easement from the property directly to Round Hill Road for use, thus satisfying the above requirement. 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 engineered site 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. Building permits are also required for all buildings and structures. 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. Access to the site shall be provided to Woodchuck Lane (Route 654) via Barracks Lane (private internal access drive). The Applicant shall relocate Barracks Lane on PIN 52-A- 261 to ensure the access drive to the event center is not immediately adjacent to the southern property boundary of Parcel 52-A-280A in general conformance with the layout below: Page 12 CUP #07-17, Caroline Dixie Scheulen – Special Event Facility December 5, 2017 7. In the future, should the owner of parcel 52-A-261 be able to secure private access to Cather Lane (Route 711), Round Hill Road (Route 803), or Woodchuck Lane (Route 654) through a recorded deed of easement or written consent from the property owner, a new CUP would not be required to implement such access. 8. Events may accommodate up to and not to exceed 280 persons. 9. 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. 10. 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.