HomeMy WebLinkAbout01-25 PC Staff Report - April CONDITIONAL USE PERMIT #01-25
Vaucluse Holdings Inc (Greenway Engineering)
Special Event Facility, Restaurant, and Campground/Resort
Staff Report for the Planning Commission
Prepared: March 26, 2025
Staff Contact: Kayla Peloquin, AICP, Planner II
Executive Summary:
Meeting Schedule
Planning Commission: March 19, 2025
Planning Commission: April 2, 2025
Action: Tabled
Action: Pending
Board of Supervisors: April 23, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 84-A-53A
Address Vaucluse Spring Lane
Magisterial District Back Creek
Acreage +/- 44.25 acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Vacant; existing historic structures
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) District Land Use: Residential
South: RA (Rural Areas) District Land Use: Residential
East: RA (Rural Areas) District Land Use: Undeveloped/Agricultural
West: RA (Rural Areas) District Land Use: Undeveloped/Agricultural
Proposed Use
This is a request for a conditional use permit to establish a special event facility, restaurant,
and campground/resort.
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Review Agency Comments:
Review Agency
Comment Date Comment Summary
Virginia Department of
Transportation (VDOT)
February 6, 2025
Concern that additional trips proposed
could have a negative impact on the
current transportation system. Vaucluse
Road is gravel and is not in the County
Secondary Road Improvement Plan, so
improvements to the road are not in the
foreseeable future. Currently, average
daily traffic (ADT) is 80 vehicles, impact
could be 4-5 times the current traffic
count. Can not support the CUP.
Virginia Department of
Health
January 21, 2025 Can not make favorable comment until
proposed septic system submission is
received for the new proposed uses.
Application will be required to the Office
of Drinking Water for increased use and
to VDH for the hotel, pool, and
restaurant.
Frederick County (FC)
Public Works
January 14, 2025 A comprehensive review will be done at
the time of site plan.
FC Inspections January 10, 2025 New structures and renovations of
existing structures must comply with
current codes. Each structure, including
the pool, must be permitted
independently. The land disturbance
permit required prior to any construction.
FC Fire Marshal January 13, 2025 Fire Department access to all assembly
areas and structures and fire lane
markings, where required, shall meet
Frederick County Fire Prevention Code
(FCFPC). New and existing structures
requiring a ‘change of use’ shall meet fire
protection requirements.
Historic Resources
Advisory Board
(HRAB)
February 21, 2025 Recommended approval.
Planning & Zoning:
Site History:
CUP #11 -23 was approved for this property in January 2024 to allow for a special event facility, a
recreation area and resort, and a restaurant open to the public. The previous CUP did not propose
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any new structures on the property, only a minor building addition for more kitchen space in the
Manor House. The applicants have not submitted a site plan following approval of CUP #11-23
and are now seeking an expansion of the approved uses that requires a new CUP.
Application Proposal:
The new proposal includes a restaurant open to the public at the Manor House and a second public
restaurant at the Chumley House. Several new structures are proposed such as 12 cabins, an artist
studio, a party barn, a pavilion, and equipment storage facilities. Additions are proposed to four
(4) existing structures, and others. Approximately 124 new parking spaces are proposed to
accommodate guests and an estimated 45 employees on rotating shifts. A number of proposed uses
such as the art gallery and spa, are considered accessory to the campground/resort. The spa and
gallery would be primarily for guests but would be open to the public as well. The applicant
proposes a maximum of 40 events per year with a maximum of 160 guests per event. Special
events and music would be concluded no later than 11:00 PM. Hours of operation for the
restaurants and other uses may vary seasonally.
Staff Analysis:
§165-103.02 of the Zoning Ordinance regarding standards for Conditional Use Permits states that
the Planning Commission and Board shall consider the following standards when considering
CUPs:
A. The conditional use shall not tend to change the character and established pattern of
development of the area of the proposed use.
• This area is predominately rural in nature, with scattered residences and existing special
event facility (Trumpet Vine Farm) on Vaucluse Road. The proposed conditional use would
allow for additional structures on the property but would not necessarily alter the rural
character of the area.
B. The conditional use shall be in harmony with and shall not adversely affect the use and
enjoyment of surrounding properties.
• The CUP w ould not adversely affect the use and enjoyment of surrounding properties
should all conditions be followed to mitigate impacts such as noise.
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, 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
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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.
D. The conditional use shall not adversely affect the natural character and environment of the
County.
• The conditional use would not adversely affect the natural character and environment. The
engineered site plan that will be required must include an erosion and sediment control
plan and a stormwater management plan approved by Public Works prior to site work.
E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and
drainage are provided.
• There are not currently adequate septic facilities for the proposed use. The applicants have
worked with soil engineers to determine where additional drainfields will be located to
handle the proposed use.
• VDOT indicated concern in their comment that additional trips could have a negative
impact on a gravel road that is not slated for improvements. It would be unlikely that VDOT
could require improvements not directly associated with the entrance to the property at the
site plan stage.
F. The conditional use shall conform with all applicable regulations of the district in which it is
located.
• The Zoning Ordinance includes additional regulations for special event facilities (§165-
204.30) primarily regarding surface materials for driveways and off-street parking. These
requirements must be shown on the site plan.
• The Zoning Ordinance includes additional regulations for campgrounds (§165-204.03)
specifying a maximum density of 10 cabins per acre and the need for a Category C buffer
in relation to surrounding properties containing residential uses. These requirements must
be shown on the site plan.
Planning Commission Summary & Action from the March 19, 2025 Meeting:
The Planning Commission held a public hearing on March 19, 2025. The Planning Commission
discussed the previously approved CUP #11 -23, which allowed for one public restaurant and
kitchen expansion in the Manor House, no new structures, and 12-15 special events per year with
a maximum of 130 guests per event. VDOT comments on the previous CUP stated there would be
“little measurable impact on Vaucluse Road and the entrance to the property would meet all
entrance requirements when trees to the west were removed.” There was discussion by the
Commission as to why VDOT didn’t express concern regarding Vaucluse Road during the previous
CUP but is not supporting the proposed CUP as impacts would be too significant on Vaucluse
Road. Staff noted that the new proposal includes an increase in daily traffic to the site for the
restaurants and additional cabins whereas the previous CUP would mainly have generated traffic
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sporadically during special events. Furthermore, staff noted VDOT must assume the worst-case
scenario from a trip generation perspective without the application narrative clearly limiting the
uses to certain hours or days of the week. The Planning Commission asked for clarification as to
why this use was defined as a “campground,” and staff stated that no tent camping or RV parking
is proposed, but the addition of cabins falls under the campground definition and would require
adherence to the additional regulations for campgrounds in §165-204.03.
The applicant, Jan Van Haute, explained that his partners have been working to maintain the
grounds and would like to add a second, more “approachable” restaurant in the Chumley House
that would seat up to 30 people. The Manor House would be the fine-dining restaurant that could
seat 64 people maximum. Mr. Van Haute described other aspirations for the property including
vegetable gardens and meadows with native wildflowers. Mr. Van Haute stated both restaurants
would not be open 7 days/week, which would reduce the number of trips and that the 160-guest
maximum does not mean most events will have that many people. Special events such as corporate
retreats or family gatherings could have 20-40 guests. Mr. Van Haute added that events held prior
to the construction of the event barn would likely be tented events held outside near the center of
the property. Mr. Van Haute stated a wedding would require a full buy out of the property, meaning
restaurants and other amenities would be for event guests only. They may work with a limo service
to shuttle people from other local hotels. The applicant did not foresee the property generating
320-400 trips per day as indicated in VDOT’s comment.
Staff recommended tabling the application to allow the applicant more time to find a solution with
VDOT. Commissioners expressed support for the expanded business idea as it would be a benefit
to the community. Some commissioners expressed concern with the VDOT comments and that
VDOT may not have fully understood the application proposal and did not believe their comments
regarding impact to the roadways are justified. The Planning Commission tabled the application
until the next meeting on April 2, 2025, and left the public hearing open.
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. An engineered site plan meeting all requirements of the Zoning Ordinance, including
additional regulations for Special Event Facilities (§165-204.30) and Campgrounds (§165-
204.03), shall be reviewed and approved by Frederick County prior to establishment of the
uses.
3. Tractor truck trailer deliveries to the property are prohibited.
4. Special events may not exceed 160 guests.
5. A maximum of 40 special events may be held per year.
6. Both restaurants may be open to the public on the same day for a maximum of four (4)
days per week. Both restaurants may be open to guests staying on the property seven (7)
days a week.
7. Amplified outdoor music shall conclude by 11 :00 PM.
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8. Approval of this CUP #01-24 will void and replace CUP #11 -23.
9. Any expansion or change of uses shall require a new CUP.
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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