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HomeMy WebLinkAbout09-23 BOS Staff ReportCONDITIONAL USE PERMIT #09-23 GETAWAY HOUSE, INC., (M.M.T. LIMITED) Staff Report for the Board of Supervisors Prepared: October 6, 2023 Staff Contact: M. Tyler Klein, AICP, Senior Planner This report has been prepared by the Frederick County Planning and Development 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: 10/04/23 Recommended Approval Board of Supervisors: 10/25/23 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for Getaway House, Inc., for a campground proposing 90 year-round portable micro-cabin campsites on five (5) parcels totaling +/- 430-acres. The proposal is generally consistent with the County’s Comprehensive Plan. The CUP, if approved, would also improve the hard surface condition of McCubbin Road and there are no other outstanding other agency comments. Should the Board of Supervisors find this application to be appropriate, Staff would recommend that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. A maximum number of ninety (90) campsites are permitted. 3. A site plan shall be submitted and approved by Frederick County prior to the establishment of this use on this property. The site plan shall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.03 (campgrounds and tourist camps), address all necessary agency comments specified in this CUP, and would include approval by the Virginia Department of Transportation (VDOT) for all hard surface and widening improvements to McCubbin Road (Route 653) to serve as commercial access to the site. 4. At least one (1) employee shall be at the campground at all times. 5. Any expansion or modification of this use will require approval of a new conditional use permit. 6. Other than for management, staff, the Applicant’s contractors, and emergency personnel, there shall be no use of ATVs, snowmobiles, or off-road dirt bikes. 7. The use of RVs, campers, tents, or other sleeping accommodations, apart from the Applicant’s camping units, shall be prohibited. 8. A residence building for management is permitted along with storage/workshop/operations buildings. Page 2 CUP #09-23, Getaway House, Inc. October 6, 2023 9. Hunting and the discharging of firearms is prohibited. 10. No trails shall be constructed by Getaway House, Inc. within 300-ft Frederick County Parcels 21- A-26, 21-A-26, and 21-A-26D. 11. No habitable structure shall be constructed within the 1,300-foot radius identified on the design plan “Getaway Winchester - Concept Plan - C-1.” 12. Existing logging trails will be discontinued (gated or blocked with fallen trees) no less than 300- feet from Frederick County Parcels 21-A-26, 21-A-26C and 21-A-26D. 13. All internal road networks shall be constructed in accordance with Frederick County Fire and Rescue standards and specifications. Campfires shall be prohibited on-site during local “burn bans.” All on-site campfires shall be extinguished by 11 P.M. Guests shall be prohibited from bringing outside firewood on the Outpost. 14. Property boundary signage shall be provided as illustrated on design plan “Getaway Winchester - Concept Plan - C-2.” 15. The maximum length of stay is seven (7) 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. Page 3 CUP #09-23, Getaway House, Inc. October 6, 2023 LOCATION: These properties are located at 427 McCubbin Road (Route 653), Winchester, Virginia; north of the intersection of McCubbin Road and Green Spring Route (Route 671), and immediately south of the West Virginia (WV) state line. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 15-A-3, 15-A-8, 15-A-9, 15-A-10 & 15-A-11 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential/Vacant/Open Space ADJOINING PROPERTY ZONING & PRESENT USE: North: West Virginia (WV) Use: Residential/Undeveloped (WV) South: RA (Rural Areas) Use: Residential/Undeveloped/Forestal East: RA (Rural Areas) Use: Residential/Agricultural/Forestal West: RA (Rural Areas) Use: Residential/Forestal PROPOSED USE: The application proposes a campground with up to 90 year-round portable micro-cabin campsites and a back-of-house maintenance area on parcels totaling +/- 430-acres. REVIEW EVALUATIONS: Planning and Zoning: Proposal: As stated in the application submitted to Planning and Development this is a request for a Conditional Use Permit (CUP) to enable the establishment of a campground with 90 year-round portable micro-cabin campsites, a back-of-house maintenance area, and outdoor pavilion on five (5) parcels totaling +/- 430-acres. The subject properties are heavily wooded and include steep slopes and other natural features. The Project Narrative (April 26, 2023) described the proposed use as follows: “Getaway provides escapes to campgrounds with tiny cabins nestled in nature that allow our guests to disconnect from their busy routines and simply enjoy undistracted time in a remote and serene environment. All Getaway Cabin units are certified by the Recreational Vehicle Industry Association (“RVIA”), are constructed off-site and will be towed to a designated pad situated approximately 75+ feet apart from one another. Once placed, the micro-cabins remain portable, on wheels, and will be moved only for repairs or upgrades. Each unit will contain an individual bathroom and kitchenette and will be connected to on- site utilities, including water, septic, and electricity. The project will be operated by a full- time General Manager and Assistant General Manager, a full-time Facilities Manager, part-time housekeeping staff supported by company operations based remotely. One of the full-time employees will reside on site. Getaway is not a traditional campground; Outside/personal RVs and tents are not permitted at Getaway. Guests are only able to stay Page 4 CUP #09-23, Getaway House, Inc. October 6, 2023 at Getaway’s cabins by booking a stay through our website. ‘Walk-in’ guests are not allowed. The maximum length of stay is 7 days, and full-time residency is not permitted for our guests.” The applicant has further requested inclusion of conditions #6 through #15 to address stated concerns by adjoining property owners and ensure the campground operates as described in the application materials. Please note many of the statements in the application narrative are reflective of the applicants (Getaway House, Inc,) intentions to operate their facility and are not binding unless expressed as conditions on the CUP. Comprehensive Plan Conformance & Land Use Compatibility: The Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The Plan is developed with the input of the public and adopted by the Board of Supervisors (lasted updated November 2021). The Plan is a vital tool that provides direction for future growth, aimed at ensuring orderly well-planned development to promote, preserve and protect the health, safety, general welfare, and quality of life for the citizens and businesses of Frederick County. The Plan identifies the subject properties with a “rural” land use designation and outside the limits of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). The subject properties are also not part of any other land use study. The Plan (Chapter 2 – Rural Areas & Chapter 4 – Business Development) speaks to the County’s support for preservation of rural areas outdoor recreation and tourism. The proposed use, a campground, is generally consistent with the planned land use, rural, the County’s goals for preservation, outdoor recreation, and tourism, and does not negatively impact the character of the area. Site Access & Transportation: McCubbin Road (Route 653) is an unpaved public roadway. Access from the site, as shown on the “Conditional Use Site Plan,” (dated April 27, 2023) is proposed from one (1) commercial entrance from McCubbin Road, immediately south of the West Virginia (WV) state Line. As noted on the plan provided with the application materials, specifically the “Road Improvement Notes,” “the project proposes to improve Route 653 to the standards outlined under VDOT’s Pave in Place Program…Route 653 will be widened to a minimum of 18’ and include 2’ of shoulder on the site (east) side…the surface will be improved by applying a Prime and Double Seal surface treatment from the intersection of Green Spring Road to the West Virginia State line.” The application, as proposed, would improve the standard of the roadway from the WV state line south to Green Spring Road (Route 671). Hard surface improvements for site access are part of the recommended conditions of approval (#2). Zoning Ordinance Requirements: Chapter 165 – Zoning Ordinance includes “Additional Regulations for Specific Uses” for campgrounds and tourist camps (§165-204.03). Specifically, where allowed, a campground shall Page 5 CUP #09-23, Getaway House, Inc. October 6, 2023 meet the following requirements: A. Minimum size. The minimum lot size for a campground shall be five acres. B. Density. The maximum allowed density for a campground shall be 10 campsites or cabins per acre. C. Perimeter setbacks. The perimeter setback from the boundary of the campground for all structures and campsites shall be 100 feet. D. Residences. No more than one permanent residence shall be allowed in a campground, which shall only be occupied by the owner, manager, or an employee. E. Buffers and screens. Where campgrounds are allowed, zoning district separation buffers and screens, Category C as described by this chapter, shall be provided in relation to surrounding properties containing residential uses. F. Campgrounds shall meet all the requirements of the Virginia Department of Health. The application proposes 90 campsites on +/- 430-acres or 0.20 campsites per acre. If approved, the Conditional Use Permit (CUP) conditions of approval #2 (recommended), would require the owner to design and submit for approval by the Zoning Administrator an engineered site plan to address the above requirements for a campground, and any applicable agency comments (detailed below, including VDOT), prior to the establishment of the use. Other Agency Comments: Review Agency Comment Issuance Date Status Virginia Department of Transportation (VDOT) May 19, 2023 Widening of McCubbin Road (Route 653), with shoulders and a paved hard surface, required to address increase in vehicle volume. Frederick County (FC) Public Works May 12, 2023 A comprehensive site plan that includes a detailed erosion and sediment control plan and comprehensive stormwater management that complies with the County stormwater/E&S ordinance shall be submitted prior to any land disturbance. FC Fire Marshal May 6, 2023 Any new structures for occupancy shall have fire department access and fire protection systems per the current building and fire prevention code. Winchester-Frederick County Health Dept. May 3, 2023 The campground must be connected to a state approved onsite sewage system and a public water well. FC Building Inspections May 9, 2023 Compliance with Building Code requirements; accessible parking, loading and walkways. City of Winchester April 27, 2023 No comment. Page 6 CUP #09-23, Getaway House, Inc. October 6, 2023 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/04/23 MEETING: The Planning Commission held a public hearing on the conditional use permit on October 4, 2023. Three (3) members of the public offered comment on the application relating to site access, noise, fencing around the facility, and the pet policy of the campground. The primary topic of discussion by the Planning Commission was the use of McCubbin Road for access to the campground. The Gainesboro District members (Triplett & Aikens) expressed support for the applicant’s agreement to improve the hard surface and width of McCubbin Road, not only to support their site access but also as a benefit to the neighbors. The Planning Commission unanimously recommended approval of the CUP to the Board of Supervisors. 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.