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HomeMy WebLinkAbout05-18 PC Staff ReportCONDITIONAL USE PERMIT #05-18 Waveland Farm, LLC - Special Event Facility Staff Report for the Planning Commission Prepared: April 19, 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 Pending Board of Supervisors: 05/23/18 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 Frederick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. The existing private driveway shall be gated off, not open to special event traffic, and may not be used for temporary or overflow parking. All special event related traffic shall access the site via the private ingress/egress easement from Nittany South Way and Abigail Way. 4. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 5. Special events may accommodate up to and not to exceed 180 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, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #05-18, Waveland Farm, LLC – Special Event Facility April 19, 2018 LOCATION: The subject property is generally located about a mile west of the Town of Stephens City, about 1.5 miles east of Middle Road (Route 628) and generally south of Marlboro Road (Route 631). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 73-14-1-6, 73-A-103 and 73-A-103A PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural/Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Undeveloped Residential South: RA (Rural Areas) Use: Agricultural East: RA (Rural Areas) Use: Agricultural West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of special event facility for weddings, business meetings, birthday parties, showers, reunions and other similar type events. REVIEW EVALUATIONS: Virginia Department of Transportation: We have reviewed the revised Waveland Farm CUP application attached and have no objections to the proposed Conditional Use Permit. We appreciate the County’s efforts to included VDOT in the early planning stages for development and the opportunity to provide comments on this Conditional Use Permit application. See original comment email dated March 19, 2018. Frederick County Inspections: 2012 Virginia Construction Code (Part 1 of the Virginia Uniform Statewide Building Code) states: Section 102 Purpose and Scope Section 102.3 Exemptions. The following are exempt from this code: Farm building 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 Page 3 CUP #05-18, Waveland Farm, LLC – Special Event Facility April 19, 2018 35.1 of the Code of Virginia. However, farm buildings and structures lying within a floodplain or in a mudslide-prone area shall be subject to flood-proofing regulation or mudslide regulations, as applicable. Chapter 2 Definitions FARM BULDING OR STRUCTURE. A building or structure not used for residential purposes, located on property where farming operations take place, and used primarily for 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 December 14, 2017. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for a Conditional Use Permit to operate a proposed Venue for Weddings, to be located at 1215 Marlboro Rd., Stephens City, VA 22655; Tax Map #73 -A-103. Based upon information provided by the applicant, a maximum of 180 person will attend the proposed venue, which will commence at 10:00 a.m. and end at 11:00 p.m. This Health Department has no objections to the issuance of Conditional Use Permit to operate the proposed venue. See original comment letter dated March 15, 2018. Frederick Water: The Conditional Use Permit application for Waveland Farm is not located within the Sewer and Water Service Area and will not be utilizing Frederick Water’s services. Therefore, Frederick Water offer no comments. See original comment e-mail dated December 22, 2017. Frederick County Fire Marshall: Approve. See original comment letter dated December 27, 2017. Page 4 CUP #05-18, Waveland Farm, LLC – Special Event Facility April 19, 2018 Historic Resources Advisory Board: Approve. See comment letter dated January 22, 2018. 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. 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 approximately 24-acre property includes a single-family detached residence, and three (3) farm buildings. The property is a working farm. The residence and two (2) other farm buildings are not part of the special event facility. The Applicant intends to use their existing historic barn (Agriculturally Exempt by the Building Official) for holding special events, accommodating up to 100 people with tables and chairs. The included illustrative sketch plan also notes a designated outdoor area in front of the existing barn for special event related activities (i.e. receptions or gatherings). This space may accommodate temporary (rental) tents for larger events up to 180 persons. The sketch plan also depicts installation of a gravel parking area (up to 160 parking spaces) for use as event parking (and/or use of valet parking). Portable restrooms will be allowed for special events and will be screened from view by the farm buildings and terrain on the site. The Applicant will only allow outside catering, and no food will be prepared on site. Events will be held April through October, anticipating at least three (3) weekends per month with only one (1) event per weekend. The maximum number of attendees permitted will be 180 persons. Staff notes, the Applicant received a temporary Festival Permit from the Board of Supervisors on March 28, 2018 to allow the property to host one (1) special event. Site access is provided by a private driveway and a separate private ingress/egress easement. The Applicant states on the sketch plan that the private driveway will be gated off and will not be used for event traffic. All event related trips will access the property from Marlboro Road (Route 631) via Nittany South Way (a 50-foot wide right-of-way) to Abigail Way (a 50-foot wide right- of-way); Nittany South Way and Abigail Way are private streets which serve presently undeveloped residential lots. Staff notes the ingress/egress easement is a private arrangement between the Applicant (Waveland Farm, LLC) and the owner/developer (Mr. Dudley Rinker) for the rural residential lots. The property is surrounded by other RA (Rural Areas) zoned property, which includes open space, agricultural uses, undeveloped residential lots, and an adjacent single-family detached residence, owned by another family member of Waveland Farm, LLC. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as Page 5 CUP #05-18, Waveland Farm, LLC – Special Event Facility April 19, 2018 “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. 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 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. The existing private driveway shall be gated off, not open to special event traffic, and may not be used for temporary or overflow parking. All special event related traffic shall access the site via the private ingress/egress easement from Nittany South Way and Abigail Way. 4. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 5. Special events may accommodate up to and not to exceed 180 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, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.