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13SN0541CASE MANAGER: Darla Orr July 17, 2013 BS ADDENDUM 13SN0541 Ruffin Mill Farm LLC Bermuda Magisterial District North line of Ruffin Mill Road REQUEST: Conditional use approval to permit a special events business and outside public address systems in General Business (C-5) and General Industrial (I-2) Districts. PROPOSED LAND USE: Special events associated with seasonal pick-your-own crop production have occurred on the request property since 1986 without the requisite conditional use approval. In 2007, the retail portion of the business (Boulevard Flower Gardens at Ruffin Mill) moved to the property and other special events including, but not limited to, outdoor concerts, wine tastings, parties, educational sessions for school field trips and other seasonal activities have also occurred. Continued operation of the special events business is planned. The purpose of this addendum is to advise the Board of the Planning Commission's recommendation for this case. Staff continues to recommend approval as outlined in the "Request Analysis." PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2 OF THE "REQUEST ANALYSIS." CASE HISTORY Planning Commission Meeting (7/16/13): The applicant was not present. There was no opposition present. Providing a FIRST CHOICE communit<~ through excellence in public service On motion of Mr. Patton, seconded by Mr. Gulley, the Conunission recommended approval subject to the conditions on page 2 of the "Request Analysis." AYES: Messrs. Gulley, Waller, Brown, Patton and Wallin. The Board of Supervisors on Wednesday, July 17, 2013 beginning at 6:30 p.m., will take under consideration this request. 2 13SN0541-JUL17-BOS-ADD CASE MANAGER: Darla Orr i ~ ~- ~j~, u ~~ ~- ,k BS Time Remaining: 365 days STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 13 SN0541 Ruffin Mill Farm LLC Bermuda Magisterial District North line of Ruffin Mill Road r„i~ i ti ~ni ~ r~r July 17, 2013 BS REQUEST: Conditional use approval to permit a special events business and outside public address systems in General Business (GS) and General Industrial (I-2) Districts. PROPOSED LAND USE: Special events associated with seasonal pick-your-own crop production have occurred on the request property since 1986 without the requisite conditional use approval. In 2007, the retail portion of the business (Boulevard Flower Gardens at Ruffin Mill) moved to the property and other special events including, but not linuted tq outdoor concerts, wine tastings, parties, educational sessions for school field trips and other seasonal activities have also occurred. Continued operation of the special events business is planned. PLANNING COMMISSION RECOMMENDATION THE PLANNING COMMISSION IS SCHEDULED TO HEAR THIS CASE AT THEIR MEETING ON TUESDAY, JULY 16, 2013. STAFF WILL ADVISE THE BOARD OF THE COMMISSION' S ACTION AFTER THEIR MEETING. STAFF RECOMMENDATION Recommend approval for the following reason: The special events business has operated on the request property since 1986 with no known adverse impacts. As conditioned, the proposed land uses would be compatible with existing and anticipated area development. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER CONDITIONS.) Pro~Tiding a FIRST CHOICE community through excellence in public ser~Tice CONDITIONS 1. This conditional use shall be granted to Mark andlor Francine Landa, or any entity of which either of them is a majority owner, and shall not be transferred or non with the land. (P) 2. Music festivals or concerts shall only be permitted between 5:00 p.m. and 11:00 p.m. (P) 3. Outside public address and sound systems shall be perntted provided that the sound stage, and all sound systems shall be located such that sound from all musical performances is prof ected south towards Ruffin Mill Road. (P) GENERAL INFORMATION T ncati nn The request property is located on the north line of Ruffin Mill Road, east of Walthall Center Drive. Tax IDs 805-638-7523; 806-638-0723; and 806-640-Part of 0310. Existing Zonin C-5 and I-2 Size: 37.5 acres Existing Land Use: Commercial Adj acent Zoning and Land Use: North - A; Single-family residential South - C-5 and I-2; Commercial, industrial or vacant East-I-1; Industrial West - I-1 and C-5; Commercial or vacant T rTTT TTTF c Public Water and Wastewater Systems: The request site is currently connected to the public water and wastewater systems. This request will not impact the public utility systems. 2 13SN0~41-1L`~L17-BOS-RPT ENVIRONMENTAL Drainage and Erosion: Normal site plan and land disturbance permit requirements should adequately address the impact of this proposal. PUBLIC FACILITIES Fire ~ervice~ The Dutch Gap Fire Station, Company Number 14, and Bensley-Bermuda Volunteer Rescue Squad currently provide fire protection and emergency medical service (EMS). This request will have a minimal impact on Fire and EMS. A public safety plan shall be prepared and reviewed by the fire code official for events which are projected to exceed 1,000 people in attendance. (IFC 2009 -sec 403.2) County Department of Transportation: The property is 37.5 acres located on Ruffin Mill Road, which is a four (4) lane, undivided facility adjacent to the property, and is zoned General Business (GS) and General Industrial (I-2). The applicant is requesting a Conditional Use to permit special events and an outside public address system. This request is not anticipated to increase the overall traffic that could be generated by development of the property under the existing zoning. Virginia Department of Transportation: No comments were received. T A NTl T TCF Comprehensive Plan: The Comprehensive Plan suggests the property is appropriate for industrial use where moderate to intense manufacturing uses would be appropriate. The Plan suggests that under certain circumstances, within larger tracts developed for industrial uses, integrated supporting retail and service uses would be appropriate. Area Development Trends: Property to the north is zoned Agricult~iral (A) and is occupied by single-fanuly residential use or is vacant. Area properties to the south, east and west are zoned General Commercial (GS), General Industrial (I-2) and Light Industrial (I-1) and are occupied by commercial 3 13SN0~41-1L`~L17-BOS-RPT and industrial uses or are vacant. It is anticipated that industrial and general commercial uses will continue in the area. Zoning History: On March 26, 1986 the Board of Supervisors, upon a favorable recommendation by the Planning Commission, approved rezoning (Case 86SN0028) of a nineteen (19) acre tract (of which the request property is a part) to Light Industrial (I-1) subject to a buffer condition along Ruffin Mill Road. On November 25, 1987 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning (Case 87SN0174) of a 1,036.2 acre tract (of which the request property is a part) to General Industrial (I-2) with Conditional Use Planned Development to permit use and setback exceptions. Conditions addressed architecture, screening, road improvements, signs, setbacks, buffers and permitted uses. On July 27, 2005 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved rezoning (Case OSSN0281) of a six (6) acre portion of the request property to General Business (GS) to permit the retail garden center. Conditions addressed utilities and road improvements. On August 22, 2007 the Board of Supervisors, upon a favorable recommendation from the Planning Commission, approved Conditional Use (Case 07SN0346) to permit a 195 foot communications tower on a 12.5 acre portion of the request property. Conditions addressed signs, screening, color, lighting and tower removal. Use: A special events business has operated on the request property since 1986 with no known adverse impacts on area properties. Initially, events included activities associated with pick-your-own pumpkins and school field trips. The retail garden center, Boulevard Flower Gardens, moved to the request property in 2007. Additional special events such as outdoor concerts, wine tastings, weddings and birthday parties have occurred without the requisite conditional use approval. The Zoning Ordinance requires conditional use approval for special events businesses, which are similar in intensity to commercial outdoor recreational uses. With the approval of this request, continued operation of the special events business is planned. Condition 1 would limit the approval to the property owners and any entity in which they are majority owners. A music festival permit must be obtained by the property owners for future events such as concerts according to the standards of the County Code for such events. 4 13SN0~41-1L`~L17-BOS-RPT Hours of Operation: Condition 2 would limit the hours of operation for any music festivals/concerts to between 5:00 p.m. and 11:00 p.m. Outside Public Address Systems: Outside public address and sound systems are proposed. Condition 3 would require the sound stage and all sound systems to be located such that sound from all musical performances is projected south towards Ruffin Mill Road. Development Standards: The special events business is currently being conducted within existing strictures and at various outdoor locations. The request property is located within an Emerging Growth District Area. Any re- development or new development of the request property must comply with the Zoning Ordinance requirements for commercial uses within an Emerging Growth District. These standards promote high-quality, well designed projects and address parking, landscaping, architectural treatment, setbacks, buffers and screening. CONCLUSION A special events business has operated on the request property with varying intensity since 1986 with no known adverse impacts. The applicant proposes to continue operation of the business. As conditioned, the use should be compatible with existing and anticipated area development. Given these considerations, approval of this request is recommended. CASE HISTORY Staff (7/5/13): If the Planning Commission acts on this request on July 16, 2013, the case will be considered by the Board of Supervisors on July 17, 2013. 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