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Home My WebLink About08-20 PC Staff ReportCONDITIONAL USE PERMIT #08-20 Samuel H. Smith Jr. - Special Event Facility Staff Report for the Planning Commission Prepared: August 5, 2020 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: 08/19/20 Pending Board of Supervisors: 09/09/20 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. All engineered site 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 for a special events facility. 3. Development of the property for a special events facility may include: a. A 2,400 Sq. Ft. Barn for events b. A maximum of four (4) pavilions/gazebos c. A maximum of twelve (12) guest cabins d. A gravel parking area for guest. 4. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5. Special event may accommodate up to and not to exceed 250 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. 86 Page 2 CUP #08-20, Samuel H. Smith, Jr. August 5, 2020 LOCATION: The subject property is located at 1147 North Pifer Road (Route 600), Star Tannery, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 69-A-28 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Residential PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special event facility. . REVIEW EVALUATIONS: Virginia Department of Transportation: A VDOT review conducted for the Canaan Springs Entrance plan dated 26 May 2020. Based on the review of the submittal, the VDOT requirements are addressed and the Entrance Plan is approved by our office. Sight distance requirements will need to be verified at the end of construction. We offer the following general comments: • Our review and comments are general in nature. Should details be overlooked during plan review or conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the department. • Materials used and methods of construction shall adhere to the current observed VDOT Road and Bridge Specifications, Road and Bridge Standards, Manual on Uniform Traffic Control Devices, and Land Use Permit Special Provisions. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • Any construction related changes to the approved plan must come through the design engineer to VDOT for approval. Please allow a minimum of 5 business days for VDOT review. • A Land Use Permit shall be obtained before any work is performed on the State’s right- of-way. The permit is issued by this office and may require application fees, the salary & expenses of a State assigned inspector, and surety bond coverage. 87 Page 3 CUP #08-20, Samuel H. Smith, Jr. August 5, 2020 Frederick County Inspections: • Buildings shall comply with The Virginia Uniform Statewide Building Code, and Section 303-A, Assembly Use Group of the Virginia Building Code/2015. Other Code that applies are the Virginia Energy Code, ICC/ANSI A117.1-09 Accessible and Usable Buil dings and Facilities, Virginia Plumbing Code, and Virginia Mechanical Code. Design plans submitted for permit application shall be sealed by a Virginia Licensed Design Professional. Occupant load and fire egress plans shall be indicated on sealed plans at time of submittal • Remodel of existing structure requires an asbestos inspection and possible asbestos abatement permits. • New assembly buildings shall meet height and area for the type of construction as allowed in Section 506. Multi-level buildings and facilities shall meet Section 1104.4 for an accessible route. Building shall comply with Section 903, Automatic Sprinkler System if required by design. All required egress shall meet ANSI A117.1-09 for slopes. 60% of all public entrances shall be accessible. Vestibule or air lock is required for entrances opening into a space exceeding 3,000 sq ft. Gazebo and storage building require a building permit. • Accessible parking shall be provided in accordance with T1106.1(1) of the IBC. Where building have multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entranc e. A minimum of one van accessible parking and unloading is required. Max slope of accessible parking and unloading areas shall not exceed 2%. Signage for parking shall be provided as required per USBC 1106.8 Maximum ½” door threshold is allowed per ANSI A117.1-09. A detailed site plan is required to indicate the finished floor elevation(s) and accessible parking/unloading area, accessible route to main entrances, and elevations at fire exits. • Restroom quantities shall be determined by Assembly Use Group Use based on the occupant load. Public restrooms shall be provided and shall meet ANSI A117.1-09 for accessibility Health Department approval for the sanitation system is required. • Please note the requirements in Chapter 17 of IBC for special inspection requirements on the type of structure. (Soils, concrete etc.). Winchester-Frederick County Health Department: I have reviewed your request and this office would have no objections to the use of your barn as an event venue provided it will be served by an approved onsite sewage disposal system designed to accommodate the maximum number of guest and employees estimated to attend any event along with an approved water 88 Page 4 CUP #08-20, Samuel H. Smith, Jr. August 5, 2020 source. If there is to be onsite food preparation, the onsite system must be designed to accommodate the additional effluent generated. Frederick County Fire Marshall: Approved. Planning and Zoning: Staff would note that this Conditional Use Permit (CUP) has been applied for in response to a zoning violation for operating an on this property without an approved CUP. An approved CUP is one avenue to abate this violation. 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 an existing 107+/- acre farm, which includes a single-family detached residence, open outdoor patio, with 2,400 square foot barn for weddings and other special events. In the future, the Applicant is requesting to add (new construction) ten (10) to twelve (12) guest cabins to be used in conjunction with special events, and three (3) to four (4) pavilions/gazebos in conjunction with the special event facility. These additions shall to be shown on the approved engineered site plan. The Applicant intends to host events for up to 250 persons and will provide a gravel parking area for guests. Permanent restroom facilities will be installed, including a new septic system and drainfield. Any food preparation will be via catering companies, and future permanent cooking facilities. The special event facility will be accessed via a private driveway from N. Pifer Road (Route 600). 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. 89 Page 5 CUP #08-20, Samuel H. Smith, Jr. August 5, 2020 STAFF CONCLUSIONS FOR THE 08/19/20 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 engineered site plan, in accordance with the requirements of Article VII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the special events facility. 3. Development of the property for special events facility may include: a. A 2,400 Sq. Ft. Barn for events. b. A maximum of four (4) pavilions/gazebos. c. A maximum of twelve (12) guest cabins. d. A gravel parking area for guest. 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. 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. 90