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HomeMy WebLinkAbout02-25 BOS Staff Report CONDITIONAL USE PERMIT #02-25 Russell Valley Farm LLC., (Pamela and Glen Russell) Special Event Facility Staff Report for the Board of Supervisors Prepared: April 1, 2025 Staff Contact: Amy Feltner, Planner Executive Summary: Meeting Schedule Planning Commission: March 19, 2025 Action: Recommended Approval 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 Page 2 of 5 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 Page 3 of 5 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 Page 4 of 5 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. Planning Commission Summary and Action From The 03/19/25 Meeting: The Planning Commission held a public meeting on March 19, 2025. The Planning Commission discussed concerns about the potential access from the adjacent Panarama Drive, the entrance to the Glen Russell Subdivision. Access to the facility is provided by independent, single access directly off Apple Pie Ridge Road and will not be accessed by Panarama Drive. A different occupancy request was reflected in the initial agency comments and the current request. Staff explained that the occupancy request was increased from the original 100 occupants to 150 occupants by the applicant. Staff had discussed the impact, if any, on the increase and each agency verified that the increase from 100 occupants to 150 occupants would not affect the initial comments. The Planning Commission discussed mitigable measures for the impact of noise, light, and total number of events. Limits on weekly events and/or annual events were discussed at length. Staff clarified that limiting the number of events weekly or annually was not easily enforceable. The Planning Commission felt that a more realistic number of events would be more in the range of 20-30 events annually, which would not be a disruption to the property. Clarification was asked of the applicant on the intention and vision of the amplified outdoor music that was initially requested. The applicant explained the possibility of outdoor weddings and similar events in warmer temperatures but certainly not for the event venue as a whole. Additional mitigation measures were discussed including the down casting of light and directions of audio speakers. The Planning Commission inquired if the applicant had considered prohibiting the service of alcohol. Considering that most weddings enjoy champaign and a drink at weddings such restriction would deter individuals from renting the facility. The groups renting the facility would be responsible for the license and provisions of alcohol, but the applicant would certainly promote safety including designated drivers and offered to keep a list of phone numbers for available rides. The Planning Commission stated that this was a responsibility to the attendees. An inquiry into the structural integrity of the facility and fire inspections was discussed. The Planning Commission stated that this was addressed through the process and circulation of the CUP to the agencies. Additionally, buildings that also serve a purpose for the agricultural farm are vaguely regulated through the State of Virginia due to the Farm Exemption clauses. A change-of- use permit would not be required due to the State’s Farm Exemption clause as well. Preservation of farms is important and restrictive conditions places on the farm for a Conditional Use Permit should be limited. It was discussed the number of rooftops that could be placed on the property should the landowner subdivide the farm into a development, which is allowed by right. Page 5 of 5 The Planning Commission felt that 10 p.m. cutoff during weeknights would not be an issue. In the event that a late Thursday night event was to occur, it is likely that it would be in the summertime, in which most residents would be outside as well. It was recommended by the Planning Commission to limit the annual events not to exceed 100 and music is limited to inside the facility. Both conditions, the limit of 100 events annually and music to remain inside the building, have been incorporated into the list condition below. The Planning Commission recommended approval (9-2) (Jason Aikens and Betsy Brumback, absent). Recommendation: Should the Board of Supervisors find the use to be appropriate, the Planning Commission 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, with a maximum of 100 events annually. 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 is prohibited. 9. Any expansion or change of use shall require a new CUP. Following this public hearing, staff is seeking a decision from the Board of Supervisors on this Conditional Use Permit application.