HomeMy WebLinkAbout02-21 BOS Staff Report - MayCONDITIONAL USE PERMIT #02-21
Eli Williams - Special Event Facility
Staff Report for the Board of Supervisors
Prepared: May 13, 2022
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: 04/06/22 Recommended Approval
Board of Supervisors: 04/27/22 Postponed 30 Days
Board of Supervisors: 05/25/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to allow for the operation of a special event facility
located at 1570 Gough Road, Winchester, in the Back Creek Magisterial District. The subject property is
zoned RA (Rural Areas) District and consists of 10+/- acres. 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 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. No more than four (4) events shall occur each week.
4. Special events shall start no earlier than 8 a.m. and all events and related activities shall
conclude by midnight. No amplified outdoor music allowed.
5. All event traffic shall use Gough Road (Route 618).
6. Full screen landscape buffers shall be installed along adjoining properties.
7. Special event may accommodate up to and not to exceed 200 persons.
8. 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.
9. 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.
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CUP #02-21, Eli Williams
May 13, 2022
LOCATION: The subject property is located at 1570 Gough Road (Route 618), approximately 500’
northeast of its intersection with Cedar Creek Grade (Route 622).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 60-A-79
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a
special event facility for weddings and other similar type events on approximately 10+/- acres.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this property
appears to have little measurable impact on Route 618 (Gough Road), the VDOT facility providing access
to the property. The existing entrance on Route 618 appears adequate for the proposed CUP. Should the
use ever expand in the future, the entrance will need to be reviewed to determine if additional
improvements may be required.
Frederick County Inspections: Buildings shall comply with The Virginia Uniform Statewide Building
Code, and Conditional Use Permit for use of existing structures associated with an operational farm for
events. Farm exemption request shall be completed and filed with the Building Code Official in the
Building Inspection Department.
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 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 flood plain or in a mudslide prone area shall be subject to floodproofing regulations or mudslide
regulations as applicable (USBC Sec 102.3).
Farm Buildings or Structures. A building or structure not used for residential purposed, 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.
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CUP #02-21, Eli Williams
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2. Sheltering, raising, handling, processing or sale of agricultural animals or agricultural animal’s
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.
Winchester-Frederick County Health Department: Please see the attached letter from Jim Davis,
Environmental Health Supervisors dated December 3. 2020.
Frederick County Fire Marshall: Approved with Conditions. Fire department access the venue as
described in the Frederick County Fire Prevention Code shall be maintained during events. Portable Fire
Extinguishers shall be present and available per the Frederick County Fire Prevention Code. An
extinguisher shall be available within 75 feet of travel distance from anywhere inside the structure. Smoke
detector(s) shall be present during events.
Historic Resources Advisory Board: Please see the attached letter from Candice Perkins, Assistant
Director dated March 17, 2021.
Planning and Zoning: Staff would note that this Conditional Use Permit (CUP) has been applied for in
response to a zoning violation for operating on this property without an approved CUP. An approved
CUP is one avenue to abate this violation.
Proposal & Site Configuration:
The proposed use will take place on an existing 10.0593+/- acre farm, which includes a single-family
detached residence, open outdoor patio, with 2,640 square foot barn for weddings and other special
events. The Applicant intends to host events for up to 200 persons and will provide a gravel parking area
for guests. Mobile portable restroom facilities will be used. All food preparation will be via catering
companies. This special event facility will be accessed via a private driveway from Gough Road (Route
618).
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.
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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.
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
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 THE 04/06/22 MEETING:
Staff reported this is a request for a Condition Use Permit (CUP) to allow for the operation of a special
event facility on a 10-acre property located at 1570 Gough Road, Winchester, in the Back Creek
Magisterial District. It was noted, 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. 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 subject property includes a single-family detached residence, open outdoor patio, with 2,640 square
foot barn for weddings and other special events. The Applicant intends to host events for up to 200
persons and will provide a gravel parking area for guests; mobile portable restroom facilities will be used,
and all food preparation will be via catering companies. Staff recommends the following conditions:
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.
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CUP #02-21, Eli Williams
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3. Special Events shall start no earlier than 8 a.m. and all events and related activities shall
conclude by midnight. No amplified outdoor music allowed.
4. All event traffic shall use Gough Road (Route 618).
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.
Concerns and questions from Planning Commissioners were brought forward regarding amplified music
outdoors, restrooms being screened, and clarification on the entrance and exit. The Applicant is willing to
move the amplified music indoors and he is keeping the portable restrooms close to the barn and out of
view. Staff confirmed the entrance and exit will be via Gough Road only and VDOT is fine with this.
Two citizens spoke in opposition of this CUP stating the land needs to remain rural and this facility will
put stress on the neighbors.
A motion was made, seconded, and unanimously passed to recommend approval of Conditional Use
Permit #02-21 for Eli Williams (Special Event Facility).
BOARD OF SUPERVISORS SUMMARY AND ACTION FROM THE 04/27/22 MEETING:
The Board of Supervisors postponed action for 30 days.
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.
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