HomeMy WebLinkAbout02-25 PC Staff Report CONDITIONAL USE PERMIT #02-25
Russell Valley Farm LLC., (Pamela and Glen Russell)
Special Event Facility
Staff Report for the Planning Commission
Prepared: March 6, 2025
Staff Contact: Amy Feltner, Planner
Executive Summary:
Meeting Schedule
Planning Commission: March 19, 2025 Action: Pending
Board of Supervisors: April 9, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 32-A-52A
Address Apple Pie Ridge Road
Magisterial District Gainesboro
Acreage +/- 66.07 acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Agricultural/Vacant
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) District Land Use: Residential & Agricultural
South: RA (Rural Areas) District Land Use: Residential & Agricultural
East: RA (Rural Areas) District Land Use: Residential & Agricultural
West: RA (Rural Areas) District Land Use: Residential & Agricultural
Proposed Use
The applicant proposes a special event facility.
Review Agency Comments:
Review Agency
Comment Date Comment Summary
Virginia Department of
Transportation (VDOT)
February 18, 2025 A site plan with an improved to moderate
volume commercial entrance meeting 25’
Radii, 30’ width, and sight distance. The
site plan will be required to reflect the
grades that show 2% minimum fall and
ditches will need to be defined.
Frederick-Winchester
Health Department
January 29, 2025 The proposed restroom facility cannot
serve the events. Portable privies shall
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be used for the events and be removed
after each event. The proposed
playground will need to be relocated
outside of the proposed drain field area.
No kitchen appliances permitted in the
catering kitchen.
Frederick County (FC)
Public Works
February 7, 2025 A comprehensive review will be done at
the time of site plan.
FC Inspections February 11, 2025 Farm exempted. No Comments.
FC Fire Marshal January 22, 2025 Fire Apparatus Road shall comply with
VA SFPC Section 503. New structures
shall meet the Frederick County Fire
Prevention Code.
Planning & Zoning:
Application Proposal:
The applicant proposes utilizing an existing 36’ x 108’ structure as a shelter for the event center on
the 66 +/- acre parcel. The proposed structure will be equipped with heating and cooling. An
existing paved driveway serves the facility off Apple Pie Ridge Road.
The special event facility will operate year-round, seven days a week, from 9 a.m. until 10 p.m.
with a maximum capacity of 150 guests. An area for convenience inside the building will be
provided for the use of caterers or for use by the guests for the service of food. Commercial
equipment is prohibited inside the convenience area as per the Virginia Department of Health. The
proposed drain field shall not be used by the patrons and the restroom provided shall be for private
use only as approved by the Virginia Department of Health.
On occasion, the event facility will have DJ music. The applicants dwelling, located in the Glen
Russell Subdivision at 270 Panarama Drive, is approximately 177’ to the existing structure on the
north side. The second closest dwelling is approximately 1,310 feet northwest. The Apple Glen
Subdivision is located directly across from Apple Pie Ridge Road and the facilities entrance at
approximately 2,200 feet (.25 mile) to the west. Other parcels surrounding the property are vacant.
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
66+/- acres of agricultural land and is surrounded by other Rural Area (RA) parcels
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primarily 5 +/- 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 CUP would 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 identifies this area to remain rural in nature. One goal in the
Rural Area section of the Comprehensive Plan is that the “County should continue to
support and encourage new land used in the rural area.” (page 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.
D. The conditional use shall not adversely affect the natural character and environment of the
County.
• The activities proposed are to reuse the existing facility with no new structures. The use
proposed does not adversely affect the nature character. If the operation is operated as
proposed and the conditions listed in specific use section are followed, the operation should
not adversely affect the environmental surroundings.
E. The conditional use permit shall be approved only if adequate facilities, roads, safe access and
drainage are provided.
• An existing paved access is provided to the facility off Apple Pie Ridge Road. The
applicant will be required to submit a site plan. The site plan will address the entrance
modifications required and the modification required for vehicular access to the facility.
The site plan shall be reviewed and approved by the Virginia Department of Transportation
and the Frederick County Fire Marshal’s office for entrance design and apparatus access.
No other disturbance to the property is proposed.
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 events 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
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facilities in §165-204.30. The structure is exempt from review from the Building Official.
All travel aisles shall be graveled, and portable toilet facilities shall be permitted providing
that they are screened from all adjoining properties and roads. The portable toilet location
and screening, the parking area, drive aisles, and entrance shall be shown on the site 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. Hours of operation are 9 a.m. to 10 p.m. daily.
3. A site plan shall be approved by Frederick County prior to the establishment of the uses.
The site plan shall meet the requirements of the Frederick County Zoning Ordinance
including the additional regulations for special event facilities in §165-204.30, entrance
design (VDOT), and emergency access road (Fire) in §165-204.03.
4. Portable restroom facilities shall be provided for guests during events and removed
thereafter.
5. No commercial equipment is permitted for food preparation.
6. The restroom is for private use and is not for use by the patrons.
7. Special events may not exceed 150 guests.
8. Amplified outdoor music must be concluded by 10:00 p.m.
9. Any expansion or change of use 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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