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HomeMy WebLinkAbout11-23 BOS Staff ReportCONDITIONAL USE PERMIT #11-23 231 VAUCLUSE SPRING HOLDING LLC Staff Report for the Board of Supervisors Prepared: January 11, 2024 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 Recommended Approval 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 Board of Supervisors find this application to be appropriate, the Planning Commission recommended the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. A site plan shall be 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 per event. 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 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 2 CUP #11-23, 231 Vaucluse Spring Holding LLC January 11, 2024 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 Page 3 CUP #11-23, 231 Vaucluse Spring Holding LLC January 11, 2024 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. Page 4 CUP #11-23, 231 Vaucluse Spring Holding LLC January 11, 2024 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 rem oval 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. Page 5 CUP #11-23, 231 Vaucluse Spring Holding LLC January 11, 2024 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. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 01/03/24 MEETING: The Planning Commission asked staff if there are restrictions on hours of operation for the restaurant. Staff responded that hours of operation are not currently included as a condition but could be added. There was a discussion on what improvements the Fire Marshal may require, and staff responded that would be addressed at the site plan stage, during which the Fire Marshal would review and the plan. The applicant shared a presentation of their vision for a boutique farm-to-table restaurant, emphasizing working with local farms and businesses. The applicant stated that a “full buy-out” of the property would be required for a special event, meaning all rooms would be booked by those associated with the event, reducing the total number of Page 6 CUP #11-23, 231 Vaucluse Spring Holding LLC January 11, 2024 potential guests on the property at once. Additionally, the applicant would work with local hotels to provide a shuttle service to the property to reduce the number of trips and the number of vehicles parked on the property. The applicant expressed a willingness to make the necessary improvements to the site in order to begin operating. Planning Commissioners asked about the restaurant schedule, and the applicant responded that lunch would likely be available Thursdays through Sundays, and breakfast and dinner would be served 7 days per week. It is anticipated that breakfast would mainly be for guests. When the building inspector visited the Manor House, they determined each room could hold roughly 20 people, therefore the total of 3 rooms results in a maximum of 60 people at the restaurant at a time, however many of the people would be guests of the inn as it is a destination property. Several public comments were made from local business owners and neighbors expressing support for the CUP. The Planning Commissioners unanimously recommended approval of the 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.