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HomeMy WebLinkAbout09-18 BOS Staff ReportCONDITIONAL USE PERMIT #09-18 Carrie Myers & Matthew Gambino - Special Event Facility Staff Report for the Board of Supervisors Prepared: September 28, 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 Recommend Approval Board of Supervisors: 10/10/18 Pending EXECUTIVE SUMMARY & CONCLUSION FOR THE 10/10/18 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, 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 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. Entrance to the subject property for events shall be limited to the existing private drive from Burnt Factory Road. 4. The Applicant shall post a sign along their driveway to direct traffic southbound (i.e. a turn right out only) from the subject property onto Burnt Factory Road. 5. Events shall start no earlier than 10 a.m., all music should end by 10 p.m. and all events and related activities shall conclude by 11 p.m. Events shall be limited to weekends only (i.e. Friday through Sunday). 6. Special events may accommodate up to and not to exceed 200 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. Page 2 CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility September 28, 2018 8. 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 #09-18, Carrie Myers & Matthew Gambino – Special Event Facility September 28, 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 4 CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility September 28, 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 square foot 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 utilized for events that are typically conducted on a single day, but which may be conducted for Page 5 CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility September 28, 2018 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; all three (3) properties are in the Red Bud Agricultural and Forestal District), which includes a historic federalist style single-family detached residence (known as the “Brumley House/Smith Farm”), detached garage and tennis court. The Applicant lives on the property. 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 gated 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 an additional 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. Page 6 CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility September 28, 2018 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. PLANNING COMMISSION SUMMARY AND ACTION FOR THE 09/19/18 MEETING: The Planning Commission held a public hearing on the proposed CUP for a special event facility on Wednesday September 19, 2018. Staff provided an overview of the proposed use, noting the Applicant had satisfied all the County requirements and recommended conditions. The Applicants also stated their request, and clarified that they resided on the property, and confirmed they agreed with all of the Staff recommended conditions. Five (5) members of the public spoke in opposition to the proposed application. Speakers noted they were all residents on Pine Road, which forms the northern boundary of the subject property. The primary topics noted in the public comments were: traffic to and from the special event facility along Pine Road and Burnt Factory Road, concerns over the consumption of alcohol and the potential for intoxicated drivers, concerns over the hours of operation, events going until midnight, the number of events throughout the week/weekend, music/loud noise being heard by adjacent neighbors, and maintaining the rural/residential character of the neighborhood. The Planning Commission allowed the Applicant to address the public comments. Ms. Carrie Myers noted that they hoped to be good neighbors and did not support drunk driving in their community and would work with potential guests to ensure it would not be an issue. Further, they noted they did not anticipate events going beyond 10 p.m. and are planning to only allow events on weekends. Commissioner Unger noted that for some events, not everyone serves alcohol and that not everyone drinks. Following discussion among the Planning Commission, the Commission asked the Applicant if they would agree to following additional conditions which may address concerns raised by neighbors including: • Revising the hours of operation to ensure music ended no later than 10 p.m. and all events (including clean-up, etc.) would concluded by 11 p.m.; • Limiting events to weekends only, specifically, Friday through Sunday; Page 7 CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility September 28, 2018 • Posting a sign directing traffic to turn right away out from the special event facility onto southbound Burnt Factory Road; and • Ensuring event traffic to only enter the property through the existing gated private driveway from Burnt Factory Road. The Applicant agreed to additional (revised) conditions as proposed by the Planning Commission and read back by Staff. The Planning Commission voted 8 – 3 (Commissioners Kenney, Mohn, and Tripplet – No) to forward the application to the Board of Supervisors with a recommendation of approval with conditions as amended to address concerns raised by neighbors. CONCLUSION FOR THE 10/10/18 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, 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 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. Entrance to the subject property for events shall be limited to the existing private drive from Burnt Factory Road. 4. The Applicant shall post a sign along their driveway to direct traffic southbound (i.e. a turn right out only) from the subject property onto Burnt Factory Road. 5. Events shall start no earlier than 10 a.m., all music should end by 10 p.m. and all events and related activities shall conclude by 11 p.m. Events shall be limited to weekends only (i.e. Friday through Sunday). 6. Special events may accommodate up to and not to exceed 200 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. Page 8 CUP #09-18, Carrie Myers & Matthew Gambino – Special Event Facility September 28, 2018 8. 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.