HomeMy WebLinkAbout06-24 PC Staff ReportCONDITIONAL USE PERMIT #06-24
Robert Molden
Special Event Facility
Staff Report for the Planning Commission
Prepared: September 18, 2024
Staff Contact: Kayla Peloquin, Planner
Executive Summary:
Meeting Schedule
Planning Commission: October 2, 2024 Action: Pending
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.
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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.
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• 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 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.
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• 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.
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. Outdoor amplified music shall conclude by 10:00 PM.
3. No more than 500 people on the property at any one time.
4. No more than 18 events per year.
5. 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, including the commercial entrance required by VDOT,
shall be completed prior to the establishment of the use.
6. 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 this CUP application.
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