Loading...
HomeMy WebLinkAbout05-18 BOS Staff ReportCONDITIONAL USE PERMIT #05-18 Waveland Farm, LLC - Special Event Facility Staff Report for the Board of Supervisors Prepared: July 25, 2019 Staff Contact: Mark R. Cheran, Zoning Administrator 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 Public Hearing Held; Recommended Denial Board of Supervisors: 08/14/19 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. Since the Planning Commission’s recommendation, the Applicant has been working with the VDOT to address the access concerns. 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 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, 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 2 CUP #05-18, Waveland Farm, LLC – Special Event Facility July 25, 2019 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: Comments dated June 21, 2019. After a review of the roadway Waveland Farm is considering as their access to Route 651 (Marlboro Road), I offer the following comments: • Both Nittany South Way and Abigail Way (currently not part of the State Secondary System) were designed and built to VDOT standards. • Currently, both roads show signs of needed repa irs prior to acceptance into the State Secondary System. • Any connecting entrances to the above noted roads would need to meet VDOT standards. • The permanent removal of the existing old entrance (1209, 1211, 1215 Marlboro Road) would be required for Nittany South Way and Abigail Way inclusion into the State Secondary System without three new home being occupied. It would also be a plus for the safety of the people using, as well as passing by, the entrance. Comments dated March 19, 2018. Page 3 CUP #05-18, Waveland Farm, LLC – Special Event Facility July 25, 2019 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 ef forts to included VDOT in the early planning stages for development and the opportunity to provide comments on this Conditional Use Permit application. Frederick County Transportation: No additional comments. 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 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 object ions Page 4 CUP #05-18, Waveland Farm, LLC – Special Event Facility July 25, 2019 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 email dated December 22, 2017. Frederick County Fire Marshall: Approve. See original comment letter dated December 27, 2017. 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 28.8-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 per 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 Page 5 CUP #05-18, Waveland Farm, LLC – Special Event Facility July 25, 2019 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 which serve the presently undeveloped residential lots. The roads are to be public roads and as such, have been dedicated to Frederick County for future acceptance into the State System by VDOT. The owner/developer maintains a bond for the roads with Frederick County. VDOT’s latest comments provide for the acceptance of these roads into the system with the closure of the existing access to the property from Marlboro Road. 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 “rural” and is to remain agricultural in nature and is not pa rt 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 are a 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 C UP. Page 6 CUP #05-18, Waveland Farm, LLC – Special Event Facility July 25, 2019 PLANNING COMMISSION SUMMARY AND ACTION FOR THE 05/02/18 MEETING: Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. Staff reported this application is submitted for the establishment of a special event facility in the RA (Rural Areas) Zoning District and the property is 28.8-acre parcel located at 1211 Marlboro Road, Stephens City and is in the Back Creek Magisterial District. Staff explained the current land use is Agricultural/Residential and the proposed use is for weddings and other similar type events. Mr. Klein presented location maps of the property. Staff reported the property is a 28.8-acre working farm with a single-family detached residence and the application proposes: the use of an existing historic barn for special events; a designated outdoor area for temporary te nts; the use of portable restroom facilities which are screened from view; a designated gravel parking area for guests; a new commercial entrance from Abigail Way/Nittany South Way. Staff noted, the special events may accommodate up to 180 persons and the proposed conditional use is consistent with the 2035 Comprehensive Plan which supports opportunities for agritourism and agribusiness. Staff noted, the Applicant has addressed all review agency comments, including site access, compliance with the building and fire safety code; and the proposed use is consistent with the County’s policies and regulations. Mr. Klein shared an illustrative sketch plan provided by the Applicant. In conclusion Staff presented the conditions recommended: 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. 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. A Commission Member inquired will the Applicant be serving food or drinks during these events. Page 7 CUP #05-18, Waveland Farm, LLC – Special Event Facility July 25, 2019 Staff explained this application does not include a commercial kitchen or catering kitchen; all food and drinks will be brought from off site by a catering company. Mr. Tim Stowe of Stowe Engineering, PLC, representing the Applicant came forward to address any questions. Commissioner Unger asked where the Applicant will be placing the monument style sign. Mr. Stowe noted they own a right-of-way along their existing entrance and need to make sure it does not affect any site distance. A Commission Member commented this may be deceiving since they will actually be using the other entrance. Mr. Stowe noted they are currently trying to deci de on the exact location and have not pulled a sign permit yet. A Commission Member asked if Nittany South Way is a private road. Mr. Stowe explained, it is a subdivision road that has been dedicated to the County for ultimate dedication to VDOT; once three homes are connected to it, then VDOT will take over the road. A Commission Member asked for clarification; when houses are constructed on Nittany South Way it will become part of the VDOT system. Mr. Stowe noted that is correct. The Commission Member inquired is there a reason the Applicant is not using their private entrance for this event center. Mr. Stowe explained, there is a site distance and safety issue in using the private entrance to the farm. The Commission Member noted he is concerned that the lots to be built on are subject to traffic issues and thus decreasing the value of those properties. A Commission Member asked who owns the road that the Applicant is proposing to use. Staff elaborated, the right -of-way is dedicated to Frederick County; ultimately to be accepted into the state system, once accepted a bond is carried to guarantee improvements will be made; the owner of the subdivision carries this bond. A Commission Member asked if the road is damaged who fixes it at this time. Staff noted it would be the developer’s responsibility at this time. A Commission Member commented, just to clarify the developer is 100% responsible for the maintenance of the road until it is dedicated to the state and he is responsible for controlling the road and the County has 0% responsibility for maintenance on the road. Staff noted that is correct. The Commission Member asked if a condition should be added to hold the event center responsible for the road. Staff explained the Planning Commission can place additional conditions as necessary. Mr. Roderick B. Williams, County Attorney, explained briefly how the process works regarding who is responsible, posting of a bond, and the road becoming part of the VDOT system. He noted an additional bond can be posted in conjunction with the CUP due to the additional risks and that is up to the Planning Commission. A Commission Member inquired if the existing lots are owned by the individuals applying for the CUP. Mr. Stowe explained the Applicant has purchased one lot, the second is owned by a private individual, and the third is still owned by the ori ginal developer. The Commission Member commented he feels the event center will create an ill effect on the value of these lots. The Chairman asked who would establish the value of the bond that can be placed in conjunction with the original bond. Mr. Williams explained ordinarily the subdivision administrator along with the Public Works Department would do the estimate. Mr. Dudley Rinker of 1156 Marlboro Road in the Back Creek Magisterial District came forward. He began, Rinker Properties owns 9 of 11 lots in Apple Banks South subdivision and 3 of the lots connect to Waveland Farm. Mr. Rinker continued, he is opposed to this CUP for and event center. Mr. Rinker explained, in October 2017 he granted access to the residents living on Waveland Farm on Abigail Way for the family’s safety; trying to be a good neighbor he granted the easement for the safety reasons. There were 2 conditions: the entrance on Abiga il Way had to be built to VDOT Page 8 CUP #05-18, Waveland Farm, LLC – Special Event Facility July 25, 2019 specifications, he does not feel the entrance that was put in will meet these specifications; second to physically remove the Waveland Farm entrance onto Marlboro Road, this has not been done. Mr. Rinker referenced a document provided by the designer of Nittany South Way and Abigail Way. He noted, in the end the road and the road bond rest solely on him and he is requesting the Planning Commission deny this CUP. Mrs. Cindy Layman, the Applicant, came forward. She began by providing a brief history of the property. She explained, her idea of an event center had been shared with many neighbors and Mr. Rinker; she agreed that she did approach Mr. Rinker regarding access to Waveland Farm through his cul-de-sac because of their current dangerous entrance. Mrs. Layman continued, during this process they did ask VDOT and a Board of Supervisors member to come out and evaluate what they should and should not do; all comments came back to them to use Nittany South Way. She explaine d, in their contract with Mr. Rinker she felt the right thing to do was to purchase one of his lots in consideration of the easement. Mrs. Layman noted regarding the permanent removal of their existing entrance, as part of their contract it was stipulated in the easement, they would adhere to VDOT requirements for the closure of the existing entrance; VDOT’s written requirement back to them indicated that a locked gate or secured gate so that no one could enter, or exit was acceptable. She noted this would be taken care of once the CUP is approved. Mrs. Layman concluded, their goal is to preserve and maintain their farm and to support agritourism. A Commission Member commented he is fine with the CUP however he does question who is responsible for maintaining the road; with the Applicant not being responsible for the maintenance of the road he cannot approve of this. A Commission Member noted he is concerned for the value of the properties as well as the traffic on the road. Another Commission Member st ated he feels these are two good neighbors but cannot support this at this time given the road circumstances. A motion was made, seconded, and unanimously passed to recommend denial of Conditional Use Permit #05-18 for Waveland Farm LLC. (Note: Commissioner Manual was absent from the meeting.) ACTIONS SINCE THE PLANNING COMMISSION 05/02/18 MEETING: The Applicant met with VDOT to mitigate in an effort to address the adjoining property owner concerns. The concerns addressed by the Planning Commission and the adjoining property owner was the use of Nittany South Way, a cul-de-sac located within the Apple Banks South subdivision to provide access to Waveland Farm. The concerns were regarding Nittany South Way being taken into the State’s Secondary Road System should this CUP be approved. The Applicant since the Planning Commission meeting has addressed these concerns by having VDOT come out and evaluate Nittany South Way for inclusion into the State’s Secondary Road System. VDOT updated their comments regarding the use of this road for the CUP. (See attachment) Permanent removal of the existing entrance, on Marlboro Road (Route 631) is stipulated as a condition of this CUP. Page 9 CUP #05-18, Waveland Farm, LLC – Special Event Facility July 25, 2019 CONCLUSION FOR THE 08/14/19 BOARD OF SUPERVISORS; This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. Since the Planning Commission’s recommendation, the Applicant has been working with VDOT to address the access concerns. to 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 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 Wa y 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, 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.