1101 Washington Avenue Fredericksburg, VA 22401

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1 1 Board of Supervisors Robert Bob Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings December 14, 2016 C. Douglas Barnes Interim County Administrator MEMORANDUM TO: FROM: Stafford County Planning Commission J SUBJECT: CUP ; Conditional Use Permit - Clearview ATTACHMENTS: 1. Impact Statement 2. Proposed Resolutions 3. Generalized Development Plan 4. Historic District Regulations 5. Application and Related Materials Staff Project Manager: Michael J. Zuraf, AICP ISSUE: The Planning Commission is to consider a request for a Conditional Use Permit to allow for a special event venue for weddings and other events which is a use not listed, on Tax Map Parcel No A. The property is in the R-1, Suburban Residential Zoning District. BACKGROUND: Location: Election District: Applicant: Property Owner: On the east side of Forbes Street, approximately 100 feet south of Clearview Avenue Falmouth Elizabeth M. Sale 415 Belle Plains Road Falmouth, VA William Powell and Pauline Sale 1101 Washington Avenue Fredericksburg, VA Courthouse Road, P. O. Box 339, Stafford, VA Phone: (540) Fax: (540)

2 Memorandum to: Stafford County Planning Commission December 14, 2016 Page 2 of 11 Current Use: Proposed Use: Single-Family Dwelling (Vacant) Special event venue for weddings and other events Location Map Application Date: September 16, 2016 (complete application November 17, 2016) Advertisement Dates: November 29, 2016 and December 6, 2016 Time Limit: March 24, 2017 Property Size: Comprehensive Plan: 8.00 acres Suburban (Future Land Use Map)

3 Memorandum to: Stafford County Planning Commission December 14, 2016 Page 3 of 11 Zoning Classification: R-1, Suburban Residential Abutting Properties: Location Zoning Existing Use Comprehensive Plan North R-1, Suburban Residential Single-Family Residential Suburban South R-1, Suburban Residential Place of Worship (parking lot) Suburban East R-1, Suburban Residential Single-Family Residential Suburban West R-1, Suburban Residential Single-Family Residential Place of Worship (parking lot) Suburban Utilities: Transportation: Schools: Parks and Recreation: Noise Impacts: The property is located within the Urban Services Area which is served by the public water and sewer system. On the west side of the property along Forbes Street is a 6-inch diameter waterline and an 8-inch diameter sewer line. Forbes Street is a two-lane undivided facility with a posted speed limit of 25 miles per hour in this location and estimated traffic volume of 5,600 vehicle trips per day according to Virginia Department of Transportation (VDOT) 2015 Daily Traffic Volume Estimates. There would be a potential reduction in impacts to County School facilities if the residential use was to be converted to another use. There would be a potential reduction in impacts to County Park facilities if the residential use was to be converted to another use. The use would be more intense than the typical single-family residential use due to vehicle traffic and the nature of an event venue use. Conditions are proposed to minimize noise impacts on surrounding residential uses, including hours of operation limitations and requiring setbacks for canopies and tents. In addition, the

4 Memorandum to: Stafford County Planning Commission December 14, 2016 Page 4 of 11 use will be subject to residential noise ordinance restrictions as the property is zoned R-1. Light Impacts: The use would be more intense than the typical single-family residential use due to lighting that may be installed in parking areas and along travelways. Lighting impacts should be limited due to the existing trees around the perimeter of the property. Conditions are proposed to enhance landscaping where necessary to further minimize light trespass onto adjacent properties. COMMENTS: Summary The applicant is requesting a Conditional Use Permit (CUP) to allow a special event venue for weddings and other events on the historic Clearview property at 420 Forbes Street. The applicant envisions events with 100 to 200 guests and on occasion up to 300 guests. The applicant is proposing to renovate and expand an existing four stall garage as the location of the venue. The existing house is not envisioned as the primary location for the events. The site is presently vacant. The applicant s goal is to incorporate this use onto the property while retaining the historic character. Existing Conditions The subject property is located on the east side of Forbes Street with a single driveway entrance at the northern end of the property. The site sits on a ridge overlooking Falmouth and the Rappahannock River. A driveway follows a ridge line to the historic Clearview Home. Several outbuildings are located around the home site. The site slopes downward to the east, south, and west from the access drive and home. The perimeter of the site is wooded. There are no wetlands, floodplain, or CRPA that would limit development or use of the property. Surrounding the site on most sides are single-family dwellings, including the Clearview Heights Subdivision to the east. To the south is a parking lot for the Falmouth Baptist Church. Site - Aerial View

5 Memorandum to: Stafford County Planning Commission December 14, 2016 Page 5 of 11 History of Clearview Clearview is a significant historical resource in the County. Clearview was originally built as a plantation house about The current house was apparently built circa 1786 by Andrew Buchanan, a Revolutionary War veteran. General Joseph Hooker used Clearview as his headquarters in 1862 during the Civil War. In addition, due to its strategic location overlooking Fredericksburg, the property was used by the Union army as an artillery position during the Battle of Fredericksburg in December, The gunpits are still visible on the property. General Ambrose Burnside is believed to have camped there as well. The house is an integral part of a group of five eighteenth-century houses which overlook Fredericksburg and Falmouth, and is in itself a good example of a lesser plantation house of the early republic. Clearview is listed on the National Register of Historic Places and the Virginia Landmarks Register. It was included in the County s Historic Overlay District in The Sale family has owned the property since Any modification to existing structures, additional structures, or features such as signs will require approval by the Architectural Review Board (ARB). Section of the Zoning Ordinance specifies regulations for properties within historic districts. Applicable excerpts from Section are included in Attachment 4. In addition, applicable sections of the Stafford County Historic District Guidelines are included in Attachment 4. The application was forwarded to the ARB, as well as the Stafford County Historical Commission, for their information. Generalized Development Plan The applicant submitted a generalized development plan (GDP) that illustrates how the event venue would be developed. The location of the four car garage to be converted into the event venue is circled on the GDP below. It is located in a central location on the property and to the east of the main house. The main house is not proposed to be modified as part of this request. Access to the site would be from the current entrance point off of Forbes Street. The access consists of a gravel driveway. Two pillars frame the entrance drive and would likely need to be removed to accommodate entrance improvements that would be required for this use. The existing driveway would be used as the access and parking is proposed along the driveway. Commercial development standards require paved surfaces, although the applicant may be able to seek a paving waiver. At the end of the driveway a turnaround is proposed to optimize traffic flow. Existing mature trees serve as transitional buffers from adjacent uses. The GDP identifies where additional planting will be required to meet buffer requirements. In combination with existing trees, a row of evergreen trees or fencing is proposed along the portion of the access drive that is closest to the Clearview Heights neighborhood to enhance screening. The use may include outdoor events on the grounds. An outdoor patio is proposed to be added to the rear of the venue and an area for weddings is shown on the GDP. In addition, the applicant notes that temporary tents or canopies may be utilized. Staff is recommending a condition that no tents or canopies be located within 100 feet of any property line. Fire Marshal staff requested adequate fire department access be provided including an adequate entrance, travel lane widths, and parking spaces. A site plan will be required that meets commercial development standards.

6 Memorandum to: Stafford County Planning Commission December 14, 2016 Page 6 of 11 A traffic study was not required for this use. The ITE Trip Generation Manual does not include data for an event venue use such as this. For comparison, staff identified a Church as the most similar use available in the manual. A church with 300 seats would generate up to 555 vehicle trips on a Sunday. The 555 vehicle trips would be experienced on the days of events. VDOT staff reviewed this application and noted that their concerns could be addressed at time of site plan, including site access design and site distance looking south on Forbes Street. Site distance issues might be addressed by removal of overgrowth along a bank that leads up to the property. Generalized Development Plan Area of event venue circled

7 Memorandum to: Stafford County Planning Commission December 14, 2016 Page 7 of 11 Generalized Development Plan Event Venue Area The following are proposed elevations of the renovation of the garage structure that would house the event venue. These plans will require approval from the ARB. Front Elevation

8 Memorandum to: Stafford County Planning Commission December 14, 2016 Page 8 of 11 Side Elevation Proposed Conditions Staff is recommending the following conditions to limit the intensity of the use and minimize impacts on surrounding properties: 1. This Conditional Use Permit (CUP) is to allow an entertainment venue for wedding and other receptions and meetings, within the R-1, Suburban Residential Zoning District on Tax Map Parcel No A. 2. The Applicant shall accommodate an adequate number of parking spaces consistent with the County Code. All vehicle parking shall conform to the following standards: all vehicles shall be parked in designated parking spaces; no vehicles shall be parked along Forbes Street; and all required travel lanes shall remain unobstructed. 3. The location of the access to the site will be limited to the current driveway into the property, with necessary improvements to meet commercial entrance requirements. 4. Travelways and parking areas shall be sited in the general location shown on the sketch plan. 5. A vehicle turnaround shall be provided, in the general location depicted on the site sketch. 6. Any lighting of exterior parking lots or walkways will be directed downward and inward away from adjacent properties. 7. Properties to the east of the travelway (from Forbes Street to the proposed parking spaces) shall be screened with a combination of existing vegetation, new vegetation, and/or privacy fence, as determined at time of site plan review. 8. The expansion and upgrades to the existing garage for the entertainment venue use will be limited to the location shown on the Generalized Development Plan. 9. Outdoor entertainment venue activities and temporary canopies and tents shall be setback 100 feet from any adjacent residential properties.

9 Memorandum to: Stafford County Planning Commission December 14, 2016 Page 9 of The design of the building expansion shall be generally consistent with the elevations provided and existing character of the structures on the property, subject to any modifications necessary for approval by the Architectural Review Board. 11. Food service is limited to guests of events scheduled for the property and shall not include a fullservice restaurant. 12. Signage shall exclude electronic message center signage and internal illumination features. 13. The hours of operation should be limited to no later than 10:00 p.m. for outdoor activities and 12:00 midnight for all other events. 14. Open flames and smoke materials are prohibited inside or within 10 feet of any structure, excluding any fireplace. 15. This Conditional Use Permit may be revoked or conditions amended by the Board for violation of these conditions or any applicable county, state or federal law. Comprehensive Plan The Comprehensive Plan identifies the property within the Suburban Area land use designation. Suburban Areas of the County are areas where suburban scale of development is most appropriate. Suburban scale of development is considered single-family detached dwelling units, which may include community amenities and are buffered from any adjacent commercial development. Commercial development is also recognized as being acceptable in the Suburban area. Commercial uses should be designed to be unobtrusive to and compatible with the community. Mitigation of environmental impacts should include preservation of significant features and natural vegetation, as well as site design and layout to incorporate open spaces and green areas. The size of the property, orientation of uses, and existing environmental conditions allows for commercial use of the property to be compatible with the guidance in the Comprehensive Plan. The use of this site as an entertainment venue should help toward the maintenance of a treasured historic resource, as opposed to sitting vacant. Architectural Review Board Comments Staff presented the request to the Architectural Review Board (ARB) to obtain their input. The ARB shared the following comments: Note: property is listed on the National Register of Historic Places, and should be developed in conformance with Secretary of Interior Standards Have an archaeologist present during ground disturbance, including any new utility lines and new landscaping (or have archaeology work conducted in advance of areas of disturbance) Driveway should maintain its existing alignment, prefer parking on grassed areas to maintain existing cultural landscape Can the applicant have an agreement with the adjacent church to utilize parking lot so they wouldn t need as much on-site parking?

10 Memorandum to: Stafford County Planning Commission December 14, 2016 Page 10 of 11 EVALUATION CRITERIA: Section of the Zoning Ordinance lists six (6) criteria to be considered at each public hearing for a conditional use permit. A summary of each criteria are as follows: 1. The use shall not change the character and established pattern of development in the vicinity of the proposed use - The proposed use does not change the character of the established pattern of development. All adjacent residential properties are fully built out. The location and extent of proposed uses and conditions intend to limit the impact of the use on adjacent properties. 2. The use shall be in harmony with uses permitted by-right under a zoning permit in the land use district and shall not adversely affect the use of adjacent properties - The proposed use is in harmony with the permitted by-right uses in the R-1 Zoning District and would not adversely affect the use of adjacent properties. The Historic District requirements will ensure any modifications to the site are in keeping with the character of the existing historic home and conditions would minimize potential for impacts. 3. The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof - The proposed use will not hinder or discourage appropriate development or impair the value of the land and buildings on adjacent properties. The location of the proposed event venue is centrally located on the site and setbacks are required for temporary event canopies. 4. The use shall not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use - The proposed use will not adversely affect the health and safety of persons in the surrounding area. Hours of operation limitations, noise ordinance, and site access improvement requirements should ensure this use does not cause adversely health and safety affects. 5. The use shall not be detrimental to the public welfare or injurious to property or improvements in the neighborhood - The proposed use is not detrimental to public welfare or property values in the vicinity as the use is setback from adjacent properties and Fire and rescue concerns are addressed through the conditions. 6. The use shall be in accord with the purposes and intent of this chapter and the comprehensive plan of the county - The use is in accordance with the Suburban land use recommendations in the Comprehensive Plan and is an appropriate means to ensure the preservation of a valued historic resource in the County. SUMMARY OF POSITIVE AND NEGATIVE FEATURES: POSITIVE: 1. Conditions would minimize impacts on adjacent properties and the surrounding transportation network. 2. The use meets the standards of issuance for a Conditional Use Permit. 3. The proposal is in conformance with the Comprehensive Plan.

11 Memorandum to: Stafford County Planning Commission December 14, 2016 Page 11 of 11 NEGATIVE: 1. No apparent negative impacts. RECOMMENDATION: Pursuant to Section , staff recommends approval of the application for CUP , with the conditions proposed by staff in Resolution R JAH:mz Attachments (5)

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13 Attachment 2 Page 1 of 5 R17-14 PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of, 2017: MEMBERS: VOTE: Robert Bob Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP TO ALLOW A SPECIAL EVENT VENUE FOR WEDDINGS AND OTHER EVENTS WHICH IS A USE NOT LISTED IN THE R-1, SUBURBAN RESIDENTIAL ZONING DISTRICT, ON TAX MAP PARCEL NO A, WITHIN THE FALMOUTH ELECTION DISTRICT WHEREAS, Elizabeth M. Sale, applicant, submitted Application CUP requesting a conditional use permit to allow for a special event venue for weddings and other events which is a use not listed in the R-1, Suburban Residential Zoning District on Tax Map Parcel No A located within the Falmouth Election District; and WHEREAS, the application was submitted pursuant to Stafford County Code, Section which permits non-listed uses after a CUP is issued by the Board; and WHEREAS, the Board carefully considered the recommendations of the Planning Commission and staff, and the public testimony, if any, received at the public hearing; and WHEREAS, the Board finds that the request meets the standards of the Zoning Ordinance for issuance of a CUP;

14 Attachment 2 Page 2 of 5 R17-14 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the day of, 2017, that a CUP pursuant to application CUP be and it hereby is approved with the following conditions: 1. This Conditional Use Permit (CUP) is to allow an entertainment venue for wedding and other receptions and meetings, within the R-1, Suburban Residential Zoning District on Tax Map Parcel No A. 2. The Applicant shall accommodate an adequate number of parking spaces consistent with the County Code. All vehicle parking shall conform to the following standards: all vehicles shall be parked in designated parking spaces; no vehicles shall be parked along Forbes Street; and all required travel lanes shall remain unobstructed. 3. The location of the access to the site will be limited to the current driveway into the property, with necessary improvements to meet commercial entrance requirements. 4. Travelways and parking areas shall be sited in the general location shown on the sketch plan. 5. A vehicle turnaround shall be provided, in the general location depicted on the site sketch. 6. Any lighting of exterior parking lots or walkways will be directed downward and inward away from adjacent properties. 7. Properties to the east of the travelway (from Forbes Street to the proposed parking spaces) shall be screened with a combination of existing vegetation, new vegetation, and/or privacy fence, as determined at time of site plan review. 8. The expansion and upgrades to the existing garage for the entertainment venue use will be limited to the location shown on the Generalized Development Plan. 9. Outdoor entertainment venue activities and temporary canopies and tents shall be setback 100 feet from any adjacent residential properties. 10. The design of the building expansion shall be generally consistent with the elevations provided and existing character of the structures on the property, subject to any modifications necessary for approval by the Architectural Review Board. 11. Food service is limited to guests of events scheduled for the property and shall not include a full-service restaurant.

15 Attachment 2 Page 3 of 5 R17-14 Page Signage shall exclude electronic message center signage and internal illumination features. 13. The hours of operation should be limited to no later than 10:00 p.m. for outdoor activities and 12:00 midnight for all other events. 14. Open flames and smoke materials are prohibited inside or within 10 feet of any structure, excluding any fireplace. 15. This Conditional Use Permit may be revoked or conditions amended by the Board for violation of these conditions or any applicable county, state or federal law. AJR:JAH:mz

16 Attachment 2 Page 4 of 5 R17-15 PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of, 2017: MEMBERS: VOTE: Robert Bob Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION TO DENY A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP TO ALLOW A SPECIAL EVENT VENUE FOR WEDDINGS AND OTHER EVENTS WHICH IS A USE NOT LISTED IN THE R-1, SUBURBAN RESIDENTIAL ZONING DISTRICT, ON TAX MAP PARCEL NO A, WITHIN THE FALMOUTH ELECTION DISTRICT WHEREAS, Elizabeth M. Sale, applicant, submitted Application CUP requesting a conditional use permit to allow for a special event venue for weddings and other events which is a use not listed in the R-1, Suburban Residential Zoning District on Tax Map Parcel No A located within the Falmouth Election District; and WHEREAS, the application was submitted pursuant to Stafford County Code, Section which permits non-listed uses after a CUP is issued by the Board; and WHEREAS, the Board carefully considered the recommendations of the Planning Commission and staff, and the public testimony, if any, received at the public hearing; and WHEREAS, the Board finds that the request does not meet the standards of the Zoning Ordinance for issuance of a CUP;

17 Attachment 2 Page 5 of 5 R17-15 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the day of, 2017, that a CUP pursuant to application CUP be and it hereby is denied. AJR:JAH:mz

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