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Home My WebLink About07-24 PC Staff Report CONDITIONAL USE PERMIT #07-24 Wolfe Lynn Ramey Trust (Brenda Edwards) Special Event Facility Staff Report for the Planning Commission Prepared: September 20, 2024 Staff Contact: Amy Feltner, Planner Executive Summary: Meeting Schedule Planning Commission: October 2, 2024 Action: Pending Board of Supervisors: November 13, 2024 Action: Pending Property Information Property Identification Numbers (PINs) 40-A-5 Address 1261 N. Hayfield Road, Winchester Magisterial District Gainesboro Acreage: +/- 65 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: 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 structure and the surrounding farm for a special event facility. 28 Page 2 of 4 Review Agency Comments: Review Agency Comment Date Comment Summary Virginia Department of Transportation (VDOT) August 26, 2024 The existing entrance shall be upgraded to a Moderate Volume Entrance. A design shall be submitted & approved by VDOT. Virginia Department of Health (VDH) August 1, 2024 The existing onsite sewage system shall not be used by the venue. A least one portable privy shall be required per 100 attendees. Frederick County (FC) Inspections August 13, 2024 No comments: Property is farm exempt. FC Fire Marshal August 8, 2024 Fire Department access shall be maintained during events. Future development must comply with the Virginia Fire Code. Frederick Water August 5, 2024 No comments at this time. Planning & Zoning: Application Proposal: The applicant proposes utilizing a 20’ x 30’ open picnic shelter, a wooden low-rise platform, and a 10’ x 12’ low rise photo deck for the primary area of the special event facility. An existing 30’ x 60’ metal building is proposed to be utilized as the primary office, Bridal Ready Suite, and staging area. In the event of inclement weather, the building would serve as the event area. If the venue is successful, renovation of a second metal building may develop in the future, at which time the applicant will submit for a new conditional use permit. The special event facility will operate from May to November (seasonally) with hours of operation limited to Fridays, Saturdays, and Sundays – dawn to dusk - but under no conditions, later than 29 Page 3 of 4 10:00 p.m. The applicant proposes no more than 10-26 total events per year with each event averaging 25-100 people in attendance. The applicant is proposing no amplified music. 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 Rural Area (RA) zoning district provides to preserve large, open parcels of land, scenic views, and to preserve prime agricultural and locally significant soils. The parcel contains 65+/- acres and is surrounded by other Rural Area (RA) parcels ranging from 6± acres to 47+/-acres. The special event facility is permitted as a conditional use permit in the Rural Area (RA) zoning district. B. The conditional use shall be in harmony with and shall not adversely affect the use and enjoyment of surrounding properties. • The zoning ordinance provides additional regulations for specific uses and address the special events facility in the Rural Areas (RA) zoning district. If the operation is operated as proposed and the conditions listed in the specific use section is followed, the operation should not adversely affect the use and the enjoyment of the 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 identifies this area to remain rural in nature. 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. • The activities proposed are to reuse existing facilities and with minimal new structures. The use proposed does not adversely affect the natural character and environmental surroundings in the Rural Area (RA). The applicant proposes no amplified outdoor music. D. The conditional use permit shall be approved only if adequate facilities, roads, safe access and drainage are provided. • The applicant will be required to install a Moderate Volume Commercial Entrance to the property and the design shall be approved by VDOT, providing safe access to the property. Portable facilities will be provided. No drainage alterations are proposed to disturb the existing drainage. 30 Page 4 of 4 E. 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. • Special event facilities are permitted in the Rural Area (RA) zoning district with an approved conditional use permit. Additional regulations are included for special event facilities in §165-204.30. 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 and parking area, as well as the proposed location for portable toilets, will be shown on the illustrative sketch plan. 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. Operations shall begin no earlier than 6:00 a.m. and shall conclude by 10 p.m. 3. Special events shall be held on Friday, Saturday, and Sundays only. 4. No amplified music will be allowed at any time. 5. Special events may accommodate up to and not to exceed 100 persons. 6. Employees are limited to those that reside on the property. 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 recommendation from the Planning Commission to forward to the Board of Supervisors on the CUP application. 31