HomeMy WebLinkAbout11-23 PC Staff ReportCONDITIONAL USE PERMIT #11-23
231 VAUCLUSE SPRING HOLDING LLC
Staff Report for the Planning Commission
Prepared: December 18, 2023
Staff Contact: Kayla Peloquin, 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: 01/03/24 Pending
Board of Supervisors: 01/24/24 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for 231 Vaucluse Spring Holding, LLC, for
a recreation area and resort, a public restaurant, and a special event facility.
Should the Planning Commission find this application to be appropriate, Staff would recommend
the following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. A site plan shall be submitted and approved by Frederick County prior to the establishment
of this use. The site plan shall meet the requirements of the Frederick County Zoning
Ordinance in §165-204.30 for Special Event Facilities.
3. Special events may not exceed 130 guests.
4. Amplified outdoor music must conclude by 9:00 p.m. and all events shall conclude by
11:00 p.m.
5. Approval of this CUP will void previous CUP #02-95.
6. Any expansion or modification of this use will require approval of a new CUP.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
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CUP #11-23, 231 Vaucluse Spring Holding LLC
December 18, 2023
LOCATION: The property is located at 231 Vaucluse Spring Lane, Stephens City, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 84-A-53A
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Bed and Breakfast
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA Use: Residential/Agricultural/Forestal
South: RA Use: Residential
East: RA Use: Undeveloped/Agricultural/Forestal
West: RA Use: Undeveloped/Agricultural/Forestal
PROPOSED USE: The application proposes a recreation area and resort, a public restaurant,
and a special event facility on 44.25 +/- acres.
REVIEW EVALUATIONS:
Planning and Zoning:
Proposal:
The application proposes the continued operation of a 15-room bed and breakfast, opening an
existing restaurant for guests of the inn and to the public, and 12-15 special events per year, with
no more than 130 guests that will conclude by 11:00 p.m. The Inn at Vaucluse Spring has been
operating under CUP #02-95, which was approved for a 15-room bed & breakfast with a
restaurant to serve only guests staying at the Inn. Since that time, the Zoning Ordinance has
changed to cap bed and breakfasts to 10 rooms, therefore the new CUP application is under the
recreation area and resort category. The current CUP application does not propose an expansion
in the number of guest rooms or any additional structures. The existing commercial kitchen and
dining areas would not be expanded. The property would be open seven days a week, with hours
varying seasonally. The application proposes several full-time and part-time staff members such
as servers, housekeepers, and maintenance personnel. The application proposes only minor
cosmetic renovations to existing structures to preserve the historic integrity of the property.
Staff met with the applicants on site on December 8, 2023. The applicants stated that if a special
event were to be held, it would require a “full buy-out” of the property, meaning all rooms would
be booked by those attending the event, therefore reducing the total amount of people and
vehicles on the property. The applicant confirmed that portable restroom facilities will be
brought in for special events and removed after each event. The applicant stated willingness to
add additional graveled parking areas, if necessary, along with accessible parking and access to
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the manor
house.
Comprehensive Plan Conformance:
The Comprehensive Plan, last updated by the Board of Supervisors in 2021, provides guidance
when considering land use actions. The Plan identifies the subject property with a “rural” land
Use designation. The property is outside the limits of the Sewer and Water Service Area (SWSA)
and the Urban Development Area (UDA). The property is not part of any small area plan.
Chapter 2 of the Plan (Rural Areas) states the goal to “promote the County’s preferred uses for
the rural areas, including supportive uses for agriculture, historic preservation, tourism, and
strengthening land conservation initiatives” (pg. 14). Chapter 4 (Business Development) outlines
the goal of recognizing diverse land use for tourism related activities with a strategy to “Ensure
that business owners are supported in their efforts to bring tourism activities to the local
consumer market” (pg. 34). The application proposal would bring visitors to the County to enjoy
the many attractions and businesses. The proposed uses are generally consistent with the rural
planned land use identified in the Comprehensive Plan.
Zoning Ordinance Requirements:
The Zoning Ordinance defines a resort as “A facility for transient guests where the primary
attraction is recreational features or activities” (§165-101.02). The proposed use meets this
definition.
The Zoning Ordinance defines a restaurant as “A facility in which food and drinks are prepared,
served, and consumed” (§165-101.02). The proposed use meets this definition.
The Zoning Ordinance defines a 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”
(§165-101.02). The proposed use meets this definition.
The Zoning Ordinance includes “Additional Regulations for Specific Uses” for special event
facilities (§165-204.30) to mitigate potential negative impacts on adjoining properties. Special
events facilities shall be subject to 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.
The proposed uses, as described in the application narrative, meet the intent of the Zoning
Ordinance. The Additional Regulations for Specific Uses listed above will be addressed through
the site plan process.
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 638, Vaucluse Road. The existing
entrance is located on Route 638 is in good condition. There are trees to the west restricting
sight distance. I met on site with Ms. Taylor; she was agreeable to the removal of the trees in
question. Once the trees are removed, the entrance will meet VDOT entrance requirements.
Based on this information, VDOT can support the CUP request. If the business expands, VDOT
reserves the right to re-evaluate the entrance. Please see the attached letter from Lloyd Ingram,
Transportation Engineer dated October 31, 2023.
Winchester-Frederick Health Department: The Frederick County Health Department cannot
make favorable comments to the change of use for this property. An OSE from the list provided
will need to assess the current use and future use of this property to make sure sewage disposal
systems are adequate for additional use. The pool, restaurant and transient lodging would require
a plan review to be applied for at the Frederick County Health Department. Issues that may need
addressed would involve pool turn over rate and disinfection, restaurant increased use, drainfield
records for the gallery and inn keeper’s quarters, loss of reserve drainfield area due to
subdivision of land and overall increase of use. Please see the attached letter from Kevin Yost,
Environmental Health Specialist Supervisor dated November 6, 2023.
Frederick County Fire Marshal: Approved with Conditions. The proposed change of use to
include an Assembly Use Group and the increased occupancy load shall require the addition of
Approved Fire Lanes in accordance with 503.7 of the Frederick County Fire Prevention Code
(SFPC-2018). These Fire Lanes shall ensure an uninterrupted Fire Department Access to all
Assembly Use Group structures and be designed and marked in accordance with Section 503 of
the above code. Additionally, Appendix D of the same code may be referenced to aid with this
design.
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Additional fire and life safety codes may become applicable, pending the approved designed
occupant load from the Building Official’s Office. Please see the attached letter from William
Pifer, Lieutenant Assistant Fire Marshal dated October 20, 2023.
Frederick County Public Works: We offer no comments. Please see the attached letter from
Joe Wilder, Director of Public Works dated November 2, 2023.
Frederick County Inspections Department: Request to use dining areas of existing bed and
breakfast for a restaurant open to the general public utilizing existing commercial kitchen and
dining areas.
The dining areas shall require a change of use and shall comply with the 2018 Existing Building
Code and the 2018 Virginia Uniform Statewide Building Code Section 304, us group B.
Business. Other codes that apply are the International Fire Code 2018 and the Virginia Plumbing
Code.
Building accessibility and restroom requirements shall comply with Chapter 4 of the Virginia
Existing Building Code. Handicap parking shall comply with ANSI A117.1-09. Van accessible
parking shall have a minimum of 11’ width with 5’ unloading area or a minimum of 8’ unloading
area with an 8’ width. Maximum 2% slope required for parking and unloading. Maximum
threshold at door shall not exceed ½”. Walkways shall not exceed 5% slope. Slopes exceeding
5% shall be designed as ramps. Accessible parking and unloading area shall have a striped area
leading to entrance when traveling over vehicular. Please see the attached letter from Mark
Fleet, Building Official dated November 23, 2023.
Historic Resources Advisory Board: Following their review of this application, the HRAB
recommended that the applicants apply for the Inn at Vaucluse Spring to be listed on the
National Register of Historic Places. Please see the attached letter from Kayla Peloquin dated
November 29, 2023.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
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