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HomeMy WebLinkAbout01-25 BOS Staff Report CONDITIONAL USE PERMIT #01-25 Vaucluse Holdings Inc (Greenway Engineering) Special Event Facility, Restaurants, and Campground/Resort Staff Report for the Planning Commission Prepared: April 9, 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: Recommended Approval 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, two public restaurants, and a campground/resort. Page 2 of 6 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 Page 3 of 6 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 Page 4 of 6 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 Page 5 of 6 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 set 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. Planning Commission Summary & Action from the April 2, 2025 Meeting: The Planning Commission asked questions about the restrictions on tractor truck trailer deliveries, the amplified outdoor music, and VDOT’s comments. Staff stated that after reviewing the conditions, VDOT responded that they do limit some potential for increased traffic, however their overall position stays the same that the proposal will negatively impact conditions on Vaucluse Road. Ms. Whitacre confirmed that VDOT doesn’t plan on changing their grading schedule for Vaucluse Road, which is currently done 4 times per year, and the road is not currently planned for improvements. One Planning Commissioner suggested that 11:00 p.m. seems late for outdoor amplified music, the applicants agreed to change the condition to conclude outdoor amplified music at 10:00 p.m. When the party barn is constructed, amplified music in an enclosed structure will be permitted to continue past 10:00 p.m. M. Mr. Van Haute confirmed the condition limiting tractor truck trailer deliveries to the property except during construction and renovations will not cause challenges. He stated that previous experience working with small vendors and other local sources does not require tractor trailer deliveries. Mr. Pearson reiterated that the applicants have Page 6 of 6 been working with VDOT to try and find a solution, and staff feels the proposed conditions are a good compromise. One resident spoke during the public comment period in support of the application. The Planning Commission unanimously recommended approval. Recommendation: Should the Board of Supervisors find these uses 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. 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 approved by Frederick County prior to establishment of the uses. 3. Tractor truck trailer deliveries to the property are prohibited except during construction and renovations. 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 per week. 7. Amplified outdoor music shall conclude by 10:00 p.m. 8. Approval of this CUP #01-25 will void and replace CUP #11 -23. 9. Any expansion or change of use shall require a new CUP. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this CUP application.