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HomeMy WebLinkAbout09-18 PC Staff ReportCONDITIONAL USE PERMIT #09-18 Carrie Myers & Matthew Gambino - Special Event Facility Staff Report for the Planning Commission Prepared: September 11, 2018 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: 09/19/18 Pending Board of Supervisors: 10/10/18 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 Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. 3. An engineered commercial entrance site plan shall be submitted to and subject to approval by VDOT, prior to the establishment of the use. 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 200 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 #09-18, Carrie Myers & Matthew Gambino – Special Event Facility September 11, 2018 LOCATION: The subject property is generally located about 0.5 miles north on Burnt Factory Road (Route 659) from Route 7 west and generally south of Pine Road (Route 661) at 233 Burnt Factory Road, Stephenson. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55-A-152 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural/Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Vacant/Agricultural East: RA (Rural Areas) Use: Agricultural/Residential West RA (Rural Areas) Use: Vacant/Agricultural PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special event facility for weddings, business meetings, birthday parties, showers, reunions and other similar type events for up to 200 persons. REVIEW EVALUATIONS: Virginia Department of Transportation: The property is currently accessed by a Private Entrance (Residential Type). This entrance would need to be upgraded or a new entrance installed that meets VDOT’s Moderate Volume Commercial Entrance design standards in order to safely handle event venue traffic. An engineered Commercial Entrance site plan would need to be submitted to VDOT for review and approval detailing necessary upgrades. The existing Private Entrance on Burnt Factory Road (Route 659) does not provide adequate sight distance necessary to be used as a safe entrance for the proposed event venue. Removing existing trees/vegetation and possible relocation of the entrance may achieve adequate sight distance. The engineered Commercial Entrance site plan mentioned above, would also identify necessary work to obtain the required safe sight distance. A VDOT Land Use Permit shall be obtained prior to any work on upgrading/relocating the entrance or removing trees/vegetation on VDOT Right-of-Way. The permit is issued by this office and will require an application fee and surety coverage. See original comment email dated May 2, 2018. Page 3 CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility September 11, 2018 Frederick County Inspections: Conditional use request to utilize residential property for weddings. The area utilized shall comply with The Virginia Uniform Statewide Building Code. Area utilized is outdoors and not inside the buildings. Tents 900 sq ft or larger require a building permit and inspections. Tent assembly and approved tent fabric meeting NFPA 701 required. Please submit a permit application for the tent. Accessible access for customers shall be provided, including ANSI A117.1-09 approved restrooms. Final inspection/approval required by Frederick County Fire Marshall’s Office. See original comment letter dated May 11, 2017. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for a Conditional Use Permit to host wedding events on the property located at 233 Burnt Factory Road, Stephenson, VA 22656; Tax Map #55-A-152. Based upon information provided by the Applicant, each event will involve only 200 guests. Portable Restroom Facilities will be available to accommodate the sewage disposal needs of the event; no additional septic system will be necessary. Also, there will be no permanent facilities for food preparation on the property; the food service at the event will consist of catering trucks, cook-out style, or off-site preparation. This Health Department has no objections to the issuance of a Conditional Use Permit for hosting wedding events, which will commence in the spring of 2019. Applicant is welcome to contact this Health Department at (540) 722-3480 concerning questions about any part of this correspondence. See original comment letter dated April 16, 2018. Frederick County Fire Marshall: Approve. See original comment letter dated April 13, 2018. Historic Resources Advisory Board: Approved. See comment letter dated August 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 Page 4 CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility September 11, 2018 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 an existing 45-acre property (the Applicant also owns two other parcels south of the property which will not be used for special events ; PIN’S : 55-A-151 and 55-A-151A), which includes a historic federalist style single-family detached residence (known as the “Brumley House/Smith Farm”), detached garage and tennis court. The Applicant intends to utilize temporary tents (inspected by the Fire Marshall’s office) for special events; the existing home and outbuildings will not be used for special events. The special event center will be accessed via a private driveway from Burnt Factory Road (Route 659). Portable restroom facilities will also be provided for special events. Existing paved and gravel parking areas will accommodate up to 25 vehicles; the Applicant intends to construct an additional gravel parking area for 75 vehicles (shown on the sketch of the property). There will be no permanent kitchen facilities for use during special events, any food preparation will be via catering trucks, cook -out style, or off-site preparation. There will be no alcoholic beverage sales on site; alcoholic beverages will be provided by those renting the facility. 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 (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. STAFF CONCLUSIONS FOR THE 09/19/18 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 Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. 3. An engineered commercial entrance site plan shall be submitted to and subject to Page 5 CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility September 11, 2018 approval by VDOT, prior to the establishment of the use. 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 200 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.