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HomeMy WebLinkAbout06-24 BOS Staff Report CONDITIONAL USE PERMIT #06-24 Robert Molden Special Event Facility Staff Report for the Board of Supervisors Prepared: October 30, 2024 Staff Contact: Kayla Peloquin, Planner Executive Summary: Meeting Schedule Planning Commission: October 2, 2024 Action: Recommended Approval Board of Supervisors: November 13, 2024 Action: Pending Property Information Property Identification Number (PIN) 91-A-47 & 91-A-47A & 91-A-67 Address 230 Dependence Lane, Middletown Magisterial District Opequon Acreage +/- 86.79 acres Zoning & Present Land Use Zoning: RA (Rural Areas) Land Use: Residential & Agricultural Adjoining Property Zoning & Present Land Use North: RA (Rural Areas) Land Use: Agricultural South: RA (Rural Areas) Land Use: Vacant/Agricultural East: RA (Rural Areas) Land Use: Residential/Agricultural West: RA (Rural Areas) Land Use: Vacant/Agricultural Proposed Use The applicant proposes utilizing an existing barn and the surrounding farm for a special event facility. Page 2 of 5 Review Agency Comments: Review Agency Comment Date Comment Summary Virginia Department of Transportation (VDOT) July 17, 2024 Install a full commercial entrance meeting sight distance requirement. Frederick-Winchester Health Department June 20, 2024 1 portable toilet per 75 guests, at least 1 ADA compliant toilet. If building department requires a bathroom in the facility, an onsite sewage system will be needed. Frederick County (FC) Inspections August 19, 2024 Barn meets farm use exemption. FC Public Works July 9, 2024 No comments at this time. FC Fire Marshal July 10, 2024 Project shall comply with Fire Prevention Code. Planning & Zoning: Application Proposal: The applicant proposes using an existing barn to hold a total of 12-18 special events per year. The events will consist of 4-6 weddings, 4-6 private parties, and 4-6 music events per year. The proposed maximum is 250 people for weddings and private parties, and 500 people for music events. The applicant will bring in portable restroom facilities and allow food trucks on the property for events. The applicant’s sketch reflects parking along the existing driveway (Dependence Lane). There are several other gravel parking areas. There is at least 1,000’ of distance in all directions from the existing barn to the nearest dwelling. 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 use would not significantly change the character and established pattern of development of the area as no new structures are proposed. B. The conditional use shall be in harmony with and shall not adversely affect the use and enjoyment of surrounding properties. Page 3 of 5 • 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 policies 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 Urban Development Area (UDA) and is within the Reliance Road Sewer and Water Service Area (SWSA) per the Reliance Road Area Land Use Plan. The long-range land use is designated as Mixed-Use Industrial/Office, which is meant to encourage uses that would benefit from and be supported by close proximity to Interstate 81 Exit 302. • The proposed use generally does not aid the County in achieving the desired land use expressed in the Comprehensive Plan, however it may otherwise be an appropriate use in the near term as a special event facility is permitted in the RA (Rural Areas) Zoning District with an approved CUP and the proposal would not inhibit future development of the area. Furthermore, the current lack of Frederick Water infrastructure in the vicinity presents a large obstacle to industrial and office development in the area in the near term. 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 as the proposal would not alter the natural topography, add new structures, or add a significant amount of impervious area (gravel parking area only). E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and drainage are provided. • More parking may be required for the use and will be addressed through the illustrative sketch plan. As requested by VDOT, a full commercial entrance must be constructed prior to establishing the use. Adequate septic facilities will need to be provided to accommodate the use in accordance with the Department of Health’s regulations. 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. The music events must be ticketed in some manner to regulate the amount of people on the property, either through pre-purchased tickets or tickets purchased at the property prior to entering. Page 4 of 5 • 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 portable toilets shall be permitted provided they are screened from all adjoining properties and roads. The gravel travel way and parking areas as well as the proposed location for portable toilets must be shown on the illustrative sketch plan. • A special event facility is allowed in the RA (Rural Areas) Zoning District with an approved CUP. Planning Commission Summary & Action: The Planning Commission held a public hearing on October 2, 2024, and discussed the Zoning Ordinance definition of a special event facility that allows events to be conducted for up to three consecutive days. The Zoning Administrator has made the interpretation that overnight stays/camping would be permitted in conjunction with an event as long as the conditions of the CUP and the health department standards for temporary camping were followed. The Commission pointed out that the VDOT comment only stated a commercial entrance would be required but did not comment on the ability of Reliance Road to handle additional traffic from the proposed use. The Commission recommended adding a condition that would nullify the CUP if any of the properties were sold. The Commission discussed the County’s recourse through the zoning violation procedure should a complaint be submitted for the properties. Mr. Molden stated that the music events would take place around the barn, camping would be allowed in the open field behind the house and barn, a small sign would be placed along Reliance Road, and a gate near the entrance would be installed to control attendees. Currently, there is no short-term lodging permit for the property but there may be in the future. Mr. Molden stated he would like to work with the Middletown Volunteer Fire & Rescue Department to have help if it were needed. One public comment from a neighbor was made in support of the application. The Commissioners agreed that this relatively isolated, wooded site would be a good place for the proposed special event facility. The Planning Commission unanimously recommended approval of the CUP with revised conditions shown below (Charles DeHaven absent, Robert Molden recused). Recommendation: Should the Board of Supervisors find the use to be appropriate, the Planning Commission recommended the following conditions for the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Outdoor amplified music shall begin no earlier than 10:00 AM and shall conclude by 10:00 PM. 3. No more than 500 people on the property at any one time. Page 5 of 5 4. No more than 4 music festivals or concerts per year. For the purposes of this condition, a music festival or concert is defined as an event that may last a single day or up to three consecutive days, whereby the primary purpose is to feature performances by musicians, singers, and groups. 5. No more than 14 other special events per year, excluding music festivals (including but not limited to weddings or private parties). 6. This CUP shall be rendered null and void if any of the 3 parcels (91-A-47, 91-A-47A, or 91-A-67) is sold or if ownership is transferred from the current owner. 7. An illustrative sketch plan, addressing the additional regulations for special event facilities contained in §165-204.30 shall be approved by Frederick County, and the improvements shown on the plan, including the commercial entrance required by VDOT, shall be completed prior to the establishment of the use. 8. Any expansion or change of use shall require a new Conditional Use Permit. Following a public hearing, staff is seeking a decision by the Board of Supervisors on this CUP application.