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HomeMy WebLinkAbout08-17 PC Staff ReportCONDITIONAL USE PERMIT #08-17 Paul C. and Mary A. Valentino - Special Event Facility Staff Report for the Planning Commission Prepared: November 3, 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: 11/15/17 Pending Board of Supervisors: 01/10/18 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 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 Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 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. Events may accommodate up to and not to exceed 290 persons. 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, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #08-17, Paul C. and Mary A. Valentino – Special Event Facility November 3, 2017 LOCATION: This approximately 146.2-acre properties are located at 4212 Apple Pie Ridge Road, Winchester, Virginia, approximately a half-mile south of the Frederick County/West Virginia Line and approximately two (2) miles north of White Hall Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 22-A-89 and 22-A-94 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Open Space South: RA (Rural Areas) Use: Vacant/Open Space East: RA (Rural Areas) Use: Vacant/Open Space West: RA (Rural Areas) Use: Residential/Vacant/Open Space 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 to accommodate up to 290 persons. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for the Conditional Use Permit for this property appears to have a measurable impact on Route 739, the VDOT facility which would provide access to the property. Prior to operation of the business a Low Volume commercial entrance must be constructed to our standards to allow for the safe egress and ingress of the property. Based on the updated location of the proposed new entrance dated 7 August 2017, the required sight distance requirements appear to have been met. Any work performed on the State’s right-of-way must be covered under a land use permit. The permit is issued by the office and required an inspection fee and surety coverage. Frederick County Inspections: The existing buildings have been deemed exempt from the building code as they are for “farm use.” See attached determination made by the County Building Official on September 8, 2017. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for the Conditional Use Permit for a farm barn to be used as an event venue (wedding, etc.); located at 4212 Apple Pie Ridge Rd., Winchester, VA; Tax Map# 22-A- Page 3 CUP #08-17, Paul C. and Mary A. Valentino – Special Event Facility November 3, 2017 94. Based upon information provided by the Applicant, the sewage disposal needs of the guests at the venue will be accommodated by a restroom trailer. However, pursuant to 12VAC5-610- 980 C.3. of the Sewage Disposal & Handling Regulations, C., which states. “Portable privies are normally used in association with mass gatherings, construction sites, etc. where temporary facilities are required.” As the use of the barn denotes a permanent, or non-temporary venue, the use of a portable privy (restroom trailer) cannot be permitted for the proposed venue. It is recommendation that a permanent restroom facility be utilized that makes use of the existing permitted sewage disposal system serving the guest house and the main house; or, locate another sewage disposal system for the dedicate purpose of the barn venue. Applicant(s) can feel free to contact me at (540) 722-3480. Frederick County Fire Marshall: Approved 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. 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. The proposed use will take place on a 146.2-acre property, which includes existing buildings and is currently being used for agricultural purposes (raising of cattle). The special event facility will be accessed via a new private event-only entrance from Apple Pie Ridge Road (State Route 739). 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 (6 Pastures Farm is a working cattle farm). The Applicant states they will utilize the existing two-story 3,784 square foot (SF) barn and the 1-bedroom guesthouse for weddings and other special events. The Applicant intends to host events for up to 290 persons, and will provide a gravel parking area to support up to 150 vehicles. Permanent restroom facilities will be installed, including a new septic system and drainfield. Any food preparation will be via catering companies, and no permanent cooking facilities will be provided indoors. The properties are 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 (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. The proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan and the surrounding properties. Page 4 CUP #08-17, Paul C. and Mary A. Valentino – Special Event Facility November 3, 2017 STAFF CONCLUSIONS FOR THE 11/15/17 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 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. 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. Events may accommodate up to and not to exceed 290 persons. 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, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.