HomeMy WebLinkAbout04-24 PC Staff Report CONDITIONAL USE PERMIT #04-24
Marlboro Springs LLC (Samuel Smith)
Special Event Facility
Staff Report for the Planning Commission
Prepared: August 20, 2024
Staff Contact: Kayla Peloquin, Planner
Executive Summary:
Meeting Schedule
Planning Commission: September 4, 2024 Action: Pending
Board of Supervisors: September 25, 2024 Action: Pending
Property Information
Property Identification Number (PIN) 69-A-28
Address 1147 N Pifer Road, Star Tannery
Magisterial District Back Creek
Acreage: +/- 102.69 acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Residential (short-term rental) &
Agricultural
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Residential & Agricultural
South: RA (Rural Areas) Land Use: Residential & Agricultural
East: RA (Rural Areas) Land Use: Residential & Agricultural
West: RA (Rural Areas) Land Use: Residential & Agricultural
Proposed Use
The applicant proposes utilizing an existing barn and the surrounding farm for a special event
facility.
513
Page 2 of 4
Review Agency Comments:
Review Agency
Comment Date Comment Summary
Virginia Department of
Transportation (VDOT)
February 24, 2024 Approved – installed
commercial entrance per
approved VDOT plan.
Virginia Department of
Health (VDH)
January 31, 2024 Adequate onsite sewage
disposal is required.
Frederick County (FC)
Inspections
February 5, 2024 Change of occupancy permit
required, must meet Building
Code and have accessible
parking and route.
FC Fire Marshal February 5, 2024 Change of use to assembly
required, must comply with
Fire Code.
Planning & Zoning:
Application Proposal:
The applicant proposes utilizing an existing barn and the surrounding farm for a special event
facility. Hours of operation are proposed for Sunday through Thursday of 8:00 AM – 9:00 PM and
Fridays, Saturdays, and Holidays of 8:00 AM – 10:00 PM. These hours reflect when all music
must be turned off and 1 hour afterwards would be allowed for clean-up and for guests and vendors
to leave the property. The applicant proposes noise for any event to not exceed 70 decibels at the
property line. The applicant proposes no more than 250 people per event and would like to add
two pavilions to the property in the future.
The applicant has an active Short-Term Lodging (STL) permit for 1147 N Pifer Road that can
accommodate up to ten (10) guests per night. The applicant has stated that the STL must be
reserved when the venue is booked for an event to minimize the overall number of people and
vehicles on the property.
Staff Analysis:
§165-103.02 of the Zoning Ordinance on standards for Conditional Use Permits states that the
Planning Commission and Board shall consider the following standards when considering
Conditional Use Permits:
A. The conditional use shall not tend to change the character and established pattern of
development of the area of the proposed use.
• The proposed CUP would not significantly change the character and established pattern
of development of the area.
514
Page 3 of 4
B. The conditional use shall be in harmony with and shall not adversely affect the use and
enjoyment of surrounding properties.
• If properly managed and all conditions followed, the proposed use would not adversely
affect the use and enjoyment of surrounding properties
C. The conditional use shall be in accord with the polices expressed in the Comprehensive Plan
of the County and with the intent of this chapter.
• The Comprehensive Plan provides guidance when considering any land use action. The
property is located outside of the Sewer and Water Service Area (SWSA) and the Urban
Development Area (UDA). The long-range land use of the property is designated to remain
rural in nature. The property is not located in any small area plan.
• One goal in the Rural Areas section of the Comprehensive Plan is that the “County should
continue to support and encourage new land uses in the rural areas” (pg. 14). Other land
uses, in addition to agricultural uses, may allow property owners to keep properties intact
rather than subdividing. The proposed use is generally consistent with the Comprehensive
Plan.
D. The conditional use shall not adversely affect the natural character and environment of the
County.
• The proposed use would not adversely affect the natural character and environment of the
County.
E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and
drainage are provided.
• The property has a commercial entrance on the property that has been approved by VDOT,
providing safe access to the property. Adequate septic facilities will need to be provided to
accommodate the use in accordance with the Department of Health’s requirements. If the
property is disturbed in a manner that changes the existing drainage, a plan will need to be
reviewed and approved by public works.
F. The conditional use shall conform with all applicable regulations of the district in which it is
located.
• 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 the definition of a
special event facility.
• Additional regulations are included for special event facilities in §165-204.30 and
primarily state that all structures must be approved by the Building Official, all parking
spaces and travel aisles shall be graveled, and that portable toilets shall be permitted
provided they are screened from all adjoining properties and roads. The gravel travel way
515
Page 4 of 4
and parking area as well as the proposed location for portable toilets will be shown on the
illustrative sketch plan.
• A special event facility is allowed in the RA (Rural Areas) Zoning District with an approved
CUP.
Recommendation:
Should the Planning Commission find the use to be appropriate, staff would suggest the following
conditions for the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. Events shall begin no earlier than 8:00 AM on any day. Outdoor music shall end by 9:00
PM Sunday through Thursday and by 10:00 PM on Fridays, Saturdays, and Holidays. One
(1) hour after the music is turned off will be allowed for clean-up and for guests and vendors
to exit the property.
3. No more than 250 guests on the property at any one time.
4. An illustrative sketch plan, addressing the additional regulations for special event facilities
contained in in §165-204.30 shall be approved by Frederick County, and the improvements
shown on the plan shall be completed prior to the establishment of the use.
5. Any expansion or change of use shall require a new Conditional Use Permit.
Following a public hearing, staff is seeking a recommendation from the Planning
Commission to forward to the Board of Supervisors on the CUP application.
516