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Home My WebLink About02-21 PC Staff ReportCONDITIONAL USE PERMIT #02-21 Eli Williams - Special Event Facility Staff Report for the Planning Commission Prepared: March 21, 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: 04/16/22 Pending Board of Supervisors: 04/27/22 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 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 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. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. Amplified outdoor music shall conclude by 9 p.m. 4. All event traffic shall use Gough Road (Route 618). 5. Special event 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, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 10 Page 2 CUP #02-21, Eli Williams March 21, 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 11 Page 3 CUP #02-21, Eli Williams March 21, 2022 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 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 12 Page 4 CUP #02-21, Eli Williams March 21, 2022 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. 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. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 13