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HomeMy WebLinkAbout03-25 BOS Staff Report CONDITIONAL USE PERMIT #03-25 Famili Ventures, LLC., (Ehsan Yousefie) Farm Market, and Special Events Facility Staff Report for the Planning Commission Prepared: March 26, 2025 Staff Contact: Amy Feltner, Planner Executive Summary: Meeting Schedule Planning Commission: April 2, 2025 Action: Recommended Denial Board of Supervisors: April 23, 2025 Action: Pending Property Information Property Identification Number (PIN) 74-A-67 Address 686 Shady Elm Road Magisterial District Back Creek Acreage +/- 45.96 acres Zoning & Present Land Use Zoning: RA (Rural Areas) Land Use: Agricultural/Residential 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: Vacant & Light Industrial West : RA (Rural Areas) District Land Use: Residential & Agricultural Proposed Use This is a request to establish a farm market and special event facility on an existing farm. Review Agency Comments: Review Agency Comment Date Comment Summary Virginia Department of Transportation (VDOT) December 11, 2024 “The existing entrance does not meet the minimum requirements for an Agritourism Entrance. A turn lane warrant analysis will need to be conducted based on the amount of added traffic with this CUP. If deemed warranted by the analysis, a turn lane and/or taper shall be installed with the Page 2 of 8 construction of a VDOT approved Agritourism Entrance [50’ radii & minimum 30 feet per §3.2-6400 of the Code of Virginia]. The entrance site plan would need to contain (1) entrance dimensions, (2) entrance profile, (3) culvert profile, (4) sight distance triangle, (5) typical sections, (6) grading plan, including positive drainage, and (7) show roadway dedication” Frederick-Winchester Health Department February 25, 2025 “No objection to the Butcher Shop and Market since the employee bathrooms were approved by a Professional Engineer for 2 employees/7 days a week. Portable toilets can be utilized for special events but are required to be removed after each event. There are no bathrooms approved for visitors/customers/other workers on the property. Virginia Dept of Consumer Services may need to be contacted to approve the market. (USDA approved for resale)” Frederick County (FC) Public Works December 6, 2024 “No comments at this time.” FC Inspections November 25, 2024 “The General Market and the Butcher Shop are exempt per Farm exception that is in place. The Event Center and the associated temporary tents, deck, platform will need to comply with the Virginia Building Construction Code and ICC A117.1-2017 for accessibility.” FC Fire Marshal November 20, 2024 “Charcoal grills shall not be placed within 10 feet of any structure or combustible materials. A non- combustible storage container with secure lid and scoop shall be provided at each grill for the disposal of all ashes when unattended. Portable Fire Extinguishers shall be required in commercial buildings, a minimum of one 5# ABC. Recommend at least one fire extinguisher to be in close proximity and accessible to grilling areas as well. Any and all future development shall comply with the Frederick County Fire Prevention Code as applicable.” Page 3 of 8 Frederick Water November 20, 2024 “No comment at this time.” Planning & Zoning: Application Proposal: The 45.96 +/- acre parcel is currently used for agriculture and farming. There is an existing, approved Conditional Use Permit (CUP) for a bed and breakfast (CUP #03-01) located at 688 Shady Elm Road, an approved site plan for a telecommunications tower (SP #71-06 & SP #11-07) located at 121 Soldiers Rest Lane, and an approved Short-Term Lodging (STL) Permit located at 686 Shady Elm Road. The applicant proposes utilizing existing structures on the property for the proposed farm market. The proposed special event facility will use a newly constructed pad with a deck for temporary tents, when needed, for the events. Farm Market The farm market will operate within an existing 1,050 square foot freestanding building. The market will be open to the public from 10 a.m. to 6 p.m., Tuesday through Sunday. The applicant anticipates 40-60 customers per day. The market will provide fresh meats and wholesale items such as rice, beans, spices, and milk. Additional items such as canned goods, items for the barbeque, and locally handcrafted crafts/jewelry are also proposed. Two employees are requested. An approved restroom facility for the two employees only is provided in the market. Special Events Facility The special event facility will operate year-round, seven days a week, from 7 a.m. until 10 p.m. with a maximum capacity of 150 guests. The event area is located between the existing approved bed and breakfast and the short-term lodging facilities. The two residential facilities are independent from the special events center. Special events, as defined, are prohibited in association with the short-term lodging use (§165-204-35). The short-term lodging facility would not be rented during special events; however, the existing bed and breakfast would be available at an additional cost for special event lessees. The closest dwelling, located off Soldiers Rest Lane, is located approximately 350-400 feet to the west of the proposed event center location. The pad area, adjacent to the proposed 50 ft. x 60 ft. deck, will be for the setting up of temporary tents measuring 60 ft. x 100 ft. The tents will be placed by a local company and removed after each event. Food will be catered from an outside catering company. Music provided in association with the event center will end no later at 9 p.m. Portable restroom facilities shall be provided for the event center and be screened from view, as required by the Zoning Ordinance. Parking Parking is provided separately for the market and the event center. There are thirty (30) parking spaces proposed for the market area, petting area, and pick your own area. Fifty-two (52) spaces Page 4 of 8 are being proposed for the event center that are shared with the Bed and Breakfast lodging facility and picnic area. The short-term lodging has private parking for two vehicles. 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 is intended to preserve large, open parcels of land, scenic views, and to preserve prime agricultural and locally significant soils. The parcel contains 46+/- acres of agricultural land and is a Rural Preservation Tract. The parcel is surrounded on the north, south and west by other RA zoned parcels. An 88.91 +/- acre parcel directly across from the farm is zoned M-1 (Light Industrial District). The special events facility and an off -premise farm market are each permitted with 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. • Agritourism activities are activities carried out on a farm that allow members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities. Agritourism is a by-right use in the RA zoning district and includes farming and harvesting your own activities. These activities are an agritourism activity whether or not the participants paid to participate in the activity. • A CUP is required for the operation of the farm market and special event center. The proposed CUPs may not adversely affect the use and enjoyment of surrounding properties should all conditions be followed to mitigate impacts such as noise and traffic volume. 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 property is located west of the Shady Elm Economic Development Plan Area in the Kernstown area. 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.” 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. Page 5 of 8 • The use proposed does not adversely affect the natural character of the area. If the proposed use is operated as proposed and the conditions listed in the 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. • Per the recommended conditions of approval, the applicant would be required to submit a site plan. The site plan will address the entrance requirements and the vehicular access to the facility. The site plan shall be reviewed and approved by the Virginia Department of Transportation (VDOT) and the Frederick County Fire Marshal’s office for entrance design and apparatus access. The event center pad and deck will also be reviewed at the site plan stage. Temporary tents require separate permitting and inspection through the Building Inspection Department and the Fire Marshals Office. Public Works will also review the site plan. No other disturbance to the property is proposed. • The Virginia Health Department approved the private septic system for the two employees and limited the portable restrooms for the special event centers, which are to be removed after each use, however, there are no other restroom facilities on site for use of a public restroom as it relates to the market. 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 RA zoning district with an approved conditional use permit. Additional regulations are included for special event facilities in §165-204.30. 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. • Farm markets (off-premises) are permitted in the RA zoning district with an approved CUP. The market will be regulated under the Virginia Department of Agriculture and Consumer Services. Additional regulations of the zoning ordinance require parking and customer access to the facility. Parking has been provided and will also be reviewed at the site plan submittal stage once the CUP is approved. • The bed and breakfast is an existing operation approved by a previous CUP. The applicant is in the process of obtaining the license and approval through the Virginia Department of Health for the operation of the bed and breakfast (annual inspection & approval). The short- term lodging is also an approved business facility. Short-term lodging is prohibited from being in association with the special events facility. Page 6 of 8 Planning Commission Summary and Action From the 4/2/25 Meeting: The Planning Commission held a public meeting on April 2, 2025. The Planning Commission discussed concerns about how the governing body would enforce the activities and customer/patron limitations. The Planning Director advised that the Zoning Ordinance is complaint driven and once a complaint is received, spot visits would be conducted, as well as any additional means at Staff’s disposal to ensure the limitations were being adhered to. Clarification was requested on the residency of the owner. The owners have been making repairs necessary to the future business for the last two years. The future plan is to reside on the farm once the repairs are completed and the business operations are approved through the conditional use process. Currently, the applicants need to travel between their current residents in Maryland to the farm. Questions related to the slaughterhouse centered around types of animals, waste disposal, and concurrent business operations on the farm. Animals would be permitted to be delivered to the slaughterhouse from outside the farm for processing under the conditional use permit, but the applicant verified that the types of animals were primarily sheep and chickens and desired only to process animals raised on the farm and not outside processing. The Planning Commission discussed the available parking facilities in relation to the various businesses proposed on the farm and inquired as to how the applicant would regulate concurrent activities. This matter was discussed at length. NOTE: Slaughterhouse has been removed from the application since the Planning Commission meeting. The event center and the outside amplified noise were discussed. The Zoning Ordinance in the RA (Rural Area) does not restrict decibel limitations. The Planning Commission specifically asked the applicant if removing the outside amplified music could be considered. Typically, the Planning Commission would request that the amplified music be contained/limited to inside the structure but in this instance, the proposal was for use of fabric tents and would not contain the noise. The applicant explained that the request for seven days a week, 7 a.m. to 10 p.m., though broad in scope, did not intend on operating the event center continuously. However, the Planning Commission noted that if approved, approval would allow the business to be conducted on those days/times. The Picnic area was discussed, and clarification providing that camping was not within the applicants’ proposal and was not permitted. Several adjacent residents spoke in opposition to the proposal. Some residents contested the possibility of being subjected to the noise from the special event facility, in addition to the already existing noise projected from an approved event center 1.5 miles away. A few residents voiced concern that the zoning ordinance stipulates the intent to promote the health, safety, and general welfare of the residence but the proposed use was an incompatible land use; the proposed intended use did not fit with the surrounding residential uses. Additional concern was raised with traffic, the lack of a traffic analysis, heavy transport vehicles by the slaughterhouse, environmental concerns related to the slaughterhouse, and the long-term consequences of the negative impacts that the proposed use would provide for the area residents. Page 7 of 8 Some residents questioned the Virginia Health Departments comment that prohibited the “cleaning, wash water, butchering, or processing of animals” to add to the existing drain field. Others were concerned about the slaughterhouse waste, rendering company’s reliability, and the possibility that slaughterhouse waste may be stationed on the farm for several days between pickups. The Planning Commission stated that the business plan appeared too broad for the various dissimilar activities without management and/or the involvement of a professional planner. The slaughterhouse, though relatively small in size, coupled with the event center operations, needs a professional to develop the business plan for the operations to be less obtrusive to the surrounding area and the residential neighborhoods. The proposed operation resembled more of a business than a farm and leans more toward a rezoning than a conditional use permit according to Planning Commissioner comments. Conservation of farmland is preferred, and the subject property is the preservation tract resulting from a previous rural preservation subdivision and would not be permitted to be further subdivided. The Planning Commission recommended denial (10-0) (Elizabeth Kozel & Jeff McKay, absent) Request of the Applicant The applicant met with Staff on April 7, 2025, and no longer seeks to establish a slaughterhouse on the property. Processed meats will be sold in the off -premises farm market, however, the animals will be taken to an offsite processing facility, packaged, and then returned to the market for resale. Additionally, the applicant has reduced the hours at which amplified music is permitted to a 9 p.m. cutoff, with a further limitation of 32 single-day events per year. The applicant has re- stated that the short-term lodging facility and the bed & breakfast operation will not be available for separate bookings during scheduled events but could be booked to guests associated with those special events. Additionally, the use of a farm permits petting zoos, pick your own, and the picnic area, therefore, these items have been removed from the application. The revisions requested have been incorporated into the conditions listed below. 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. A site plan shall be submitted to and 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 contained in §165-204.30, emergency access contained in §165-204.03 and requires an approved commercial entrance from the Virginia Department of Transportation (VDOT). 3. The farm market operations are limited to two employees’ total. 4. Hours of operation for the farm market is limited to 10 a.m. – 6 p.m. Tuesday through Sunday with a maximum of 60 customers daily. Page 8 of 8 5. Hours of operations of the special event center is limited to 7 a.m. – 10 p.m. daily, with a maximum of 150 attendees and a maximum of 32 events per year. 6. Portable restroom facilities shall be provided for guests during special events and removed thereafter. 7. Amplified outdoor music shall conclude by 9:00 p.m. 8. Public access to the property shall be restricted to one (1) commercial entrance from Shady Elm Road. Use of Soldiers Rest Lane for commercial access is prohibited. 9. Any expansion or change of the uses shall require a new CUP. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this CUP application.