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HomeMy WebLinkAbout06-19 PC Staff Report CONDITIONAL USE PERMIT #06-19 Landfall Lodge - Special Event Facility Staff Report for the Planning Commission Prepared: July 25, 2019 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: 08/07/19 Pending Board of Supervisors: 09/11/19 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. 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. Building permits are required for any new building or structures. 4. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5. Special events may accommodate up to and not to exceed 250 persons. 6. Only the “main entrance” driveway associated with the address 350 Chestnut Grove Road, shall be open to special event traffic. All other entrances to the property should be restricted for private/residential/agricultural traffic only. 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 #06-19, Landfall Lodge – Special Event Facility July 25, 2019 LOCATION: The subject properties are located .6 miles off Route 522 North (North Frederick Pike) onto Route 681 (Chestnut Grove Road). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 30-A-50 and 30-A-50D PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential (single-family detached) South: RA (Rural Areas) Use: Residential (SFD) East: RA (Rural Areas) Use: Vacant/Agricultural West: RA (Rural Areas) Use: Residential (SFD)/Agricultural PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special event center for weddings, business meetings, birthday parties, showers, reunions, charity events, and other similar type events. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have no measurable impact on Route 681, the VDOT facility which would provide access to the property. The existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. See original comment email dated July 10, 2019. Frederick County Inspections: Conditional Use Permit for use of existing structures associated with an operational farm for events. 2015 Virginia Construction Code exempts- Farm buildings and structures, except for a building or a 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 Chap 2 (Section 35.1-11 et seq.) of Title 35.1 of the Code of Virginia. However, farm buildings and structures lying within a flood plain or in a mudslide prone area shall be subject to floodproofing regulations or mudslide regulations Page 3 CUP #06-19, Landfall Lodge – Special Event Facility July 25, 2019 as applicable (USBC Sec 102.3)- Farm Buildings or Structure. A building or structure not used for residential purposes, located on property where farming operations take place and sued primarily or 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 April 18, 2019. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for issuing a Conditional Use Permit for operating a proposed Special Event Facility located at Landfall Farm, 350 Chestnut Grove Rd., Winchester, VA 22603; Tax Map #30-A-50 & 50D. Information provided by the Applicant indicates that the facility was open to the public in 2018, hosting six weddings with an average of 70 guest each. Additional venues are scheduled for 2019. The Applicant anticipates that guest at any one event will average about 50-125. The operating season will occur April 15th through November 15th. The Applicant states that meals will not be prepared on-site, but that food will be provided by caterers. No dishwashing will take place on premises, as caterers will remove all dishes form premises when event is over and carry back to their permitted facilities for washing. In addition, Applicant states that portable toilets will be used for larger events. However, during a phone conversation the Applicant says that he intends to work toward working with the private sector (OSE or PE) to locate an on-site sewage disposal system that will serve the sewage disposal needs of the proposed facility. Applicant is welcome to contact this Health Department at (540) 722-3480 about any part of this correspondence. See original comment letter dated April 18, 2019. Frederick County Fire Marshall: Approve. CUP approved provided that all structures/buildings/facilities that fall within the scope of this CUP comply with the Frederick County Fire Prevention Code unless structures/buildings/facilities have an Agricultural Exception from the Frederick County Building Official. See original comment letter dated April 24, 2019. Page 4 CUP #06-19, Landfall Lodge – Special Event Facility July 25, 2019 Historic Resources Advisory Board: Approve. See comment letter dated April 11, 2019. 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 (birthday parties, charity events, family reunions, etc.). 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 188-acre property consisting of two (2) parcels, which includes a single-family detached residence and detached structures including a barn and cottage. The property also includes two (2) ponds, Hogue Creek frontage, and 150-wooded acres protected in a conservation easement. The application notes the property is a working farm and timber operation. The Applicants also reside on the premise in the single-family detached residence. The special event center will be accessed via the “main entrance” to the property (addressed 350 Chestnut Grove Road), all other entrances to the property are “private” and not open to special event traffic to minimize impacts to private driveways and adjoining residences. Portable restroom facilities will also be provided for special events. The Applicant states there is a “catering kitchen” for use during special events (warming and cooling for prepared food only). 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 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 5 CUP #06-19, Landfall Lodge – Special Event Facility July 25, 2019 STAFF CONCLUSIONS FOR THE 08/07/19 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. Building permits are required for any new building or structures. 4. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5. Special events may accommodate up to and not to exceed 250 persons. 6. Only the “main entrance” driveway associated with the address 350 Chestnut Grove Road, shall be open to special event traffic. All other entrances to the property should be restricted for private/residential/agricultural traffic only. 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.