HomeMy WebLinkAbout02-21 BOS Staff Report - AprilCONDITIONAL USE PERMIT #02-21
Eli Williams - Special Event Facility
Staff Report for the Board of Supervisors
Prepared: April 14, 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 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. No amplified outdoor music allowed.
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, 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
April 14, 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
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CUP #02-21, Eli Williams
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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
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CUP #02-21, Eli Williams
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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.
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
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CUP #02-21, Eli Williams
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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.
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).
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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