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HomeMy WebLinkAbout09-21 BOS Staff ReportCONDITIONAL USE PERMIT #09-21 KSS LC. (Katherine Solenberger) - Special Event Facility Staff Report for the Board of Supervisors Prepared: November 18, 2021 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: 11/17/2021 Recommended Approval Board of Supervisors: 12/08/2021 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 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 and addressing additional regulations for specific uses contained in §165-204.30, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. A modified commercial entrance, meeting all current Virginia Department of Transportation (VDOT) standards, shall be permitted, and installed within one (1) year of the approval of this CUP. 4. Events shall start no earlier than noon and all events and related activities shall conclude by 11 P.M. Amplified outdoor music shall conclude by 9 P.M. 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, 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 #09-21, KSS LC., (Katherine Solenberger) – Special Event Facility November 18, 2021 LOCATION: The subject property is located at 1454 Apple Pie Ridge Road (Route 739), generally south of Hiatt Road (Route 672) and generally north of Glendobbin Road (Route 673). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 42-A-356 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural/Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Agricultural/Residential (SFD) South: RA (Rural Areas) Use: Agricultural/Vacant/Residential (SFD) East: RA (Rural Areas) Use: Agricultural/Vacant West: RA (Rural Areas) Use: Agricultural/Vacant/Residential (MH) 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 event on approximately 303.81+/-acres. REVIEW EVALUATIONS: Virginia Department of Transportation: VDOT has completed its review of the subject application and offers the following comments: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 739, (Apple Pie Ridge Road), the VDOT facility providing access to the property. While the existing entrance, on Route 739 is out of compliance with the VDOT commercial entrance standards, the applicant has agreed to install a modified commercial entrance, meeting the current standards, which will be adequate for the proposed CUP. Should the commercial use ever expand in the future, the entrance will need to be reviewed to determine if additional improvements may be required. See original comment email dated September 7, 2021. Winchester-Frederick County Health Department: This Health Department has no objections provided the venue is served by an approved water supply and onsite sewage system designed to accommodate the maximum number of attendees at any given event. See original comment letter dated August 3, 2021. Frederick County Inspections: Building shall comply with The Virginia Uniform Statewide Building Code. Conditional Use Permit for use of existing structures associated with an operation farm for events. Farm exemption request shall be completed and filed with the Page 3 CUP #09-21, KSS LC., (Katherine Solenberger) – Special Event Facility November 18, 2021 Building Code Official in the Building Inspections Department. 2018 Virginia Construction Code exempts Farm buildings and structures, except for a building or a portion of a building located on a farm that is operation 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 as applicable (USBC Sec. 102.3). Farm Building or Structure. A building or structure not used for residential purposes, located on property where farming operations take place and used 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 animals 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 August 23, 2021. Frederick County Fire Marshall: Approve. See original comment letter dated August 31, 2021. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced Conditional Use Permit application during their meeting on October 19, 2021. The HRAB reviewed information from the Virginia Department of Historic Resources (VDHR) and information provided by the Applicant. This application seeks to operate an event center on 303+/-acres of land located at 1454 Apple Pike Ridge Road in Winchester. Historic Resources Advisory Board Comments: After reviewing the provided information, the Historic Resources Advisory Board (HRAB) recommended approval of the Conditional Use Permit as presented. See comment letter dated October 20, 2021. Page 4 CUP #09-21, KSS LC., (Katherine Solenberger) – Special Event Facility November 18, 2021 Planning and Zoning: Proposal & Site Configuration: 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. The approximately 303.81+/-acre property includes a historic residence (Wright-Barton house), a log cabin, and five (5) farm buildings. The Applicant intends to use the restored bank barn, labeled on the sketch plan, for holding special events, accommodating up to 200 people. The sketch plan also depicts a parking area (for up to 100 vehicles) for use as event parking. Per the Zoning Ordinance (§165-204.30), the parking area shall be graveled. 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 or food trucks, and no food will be prepared on site. Events will be held May through October, anticipating events mostly bi- monthly. The maximum number of attendees permitted will be 200 persons. Staff notes the Applicant has been operating a special event facility at this location throughout calendar year 2021. At time of public hearing, six (6) events (weddings) have been held to-date. No complaints have been received and no formal zoning violation was issued; the Applicant has voluntarily applied for a CUP. Site Access & Transportation: Site access is provided by a private driveway from Apple Pie Ridge Road (Route 739). Per the VDOT comment letter, the existing entrance will need to be improved to a modified commercial entrance, meeting current VDOT standards. See condition # 3. Zoning Ordinance Conformance: 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. Additional regulations for specific uses contained in §165-201.30, specify the following requirements: A. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted with the conditional use permit application. This plan shall identify access for the facility, the location of all parking areas, the location and square footage for all structure(s) to be used, and the location of sewage disposal facilities. B. All structures associated with a special events facility shall require a review and approval by the Building Official. Page 5 CUP #09-21, KSS LC., (Katherine Solenberger) – Special Event Facility November 18, 2021 C. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require through the conditional use permit process that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust-free surface. D. Portable toilets shall be permitted for special event facilities, provided that they are screened from all adjoining properties and roads by topography, structures or new or existing landscaping. E. Special events facilities that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties. The Applicant has addressed the above requirements in their application narrative and sketch plan. Comprehensive Plan Conformance: The property is surrounded by other RA (Rural Areas) zoned property, which includes open space, agricultural uses, undeveloped residential lots, and single-family detached residences. The 2035 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 Comprehensive Plan and the surrounding properties. PLANNING COMMISSION SUMMARY AND ACTION FROM OF 11/17/21 MEETING: The Planning Commission held a public hearing to consider this conditional use permit on November 17, 2021. The Applicant addressed their plans to improve their entrance/driveway from Apple Pie Ridge Road to meet Virginia Department of Transportation (VDOT) standards for a commercial entrance. No members of the public spoke. The Planning Commission unanimously recommended approval of the conditional use permit for a special event facility. STAFF CONCLUSIONS FOR THE 12/08/21 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: Page 6 CUP #09-21, KSS LC., (Katherine Solenberger) – Special Event Facility November 18, 2021 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 and addressing additional regulations for specific uses contained in §165-204.30, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. A modified commercial entrance, meeting all current Virginia Department of Transportation (VDOT) standards, shall be permitted, and installed within one (1) year of the approval of this CUP. 4. Events shall start no earlier than noon and all events and related activities shall conclude by 11 P.M. Amplified outdoor music shall conclude by 9 P.M. 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, 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.