FINDINGS FOR APPROVAL SPEX and SPMI , Goose Creek Gardens and Pavilion

Transcription

1 FINDINGS FOR APPROVAL SPEX and SPMI , Goose Creek Gardens and Pavilion 1. The proposed special exception use is consistent with the Comprehensive Plan. Specifically, the Revised General Plan identifies the area as appropriate for Residential Neighborhood uses, which include uses such as banquet facilities to serve the community. 2. The proposed special exception use is compatible with the surrounding parkland and residential uses. 3. The level and impact of any noise, light, glare, or odors generated by the proposed use will not negatively impact surrounding uses. 4. Consistent with the Countywide Transportation Plan, the transportation network can adequately serve the proposed Special Exception Use. 5. As conditioned, the proposed special exception use can be served adequately by public utilities and services, and roads. 6. The proposed special exception adequately protect environmental and natural features. The Applicant has moved all structures outside of the floodplain. 7. The proposed special exception use is in compliance with the requirements of the Revised 1993 Zoning Ordinance for the R-1 (Residential-1) zoning district and the Additional Regulations for Banquet/Event Facilities in Section of the Zoning Ordinance. 8. The proposed Minor Special Exception to increase maximum number of attendees to 300 provides an innovative design in achieving the public purpose. The 20 acres of forest cover that surrounds the banquet facility helps mitigate potential visual, noise, and lighting impacts upon neighboring properties. Attachment 1

2 CONDITIONS OF APPROVAL (September 29, 2016) SPEX , Goose Creek Gardens and Pavilion 1. Substantial Conformance. The development of the Special Exception use described in Condition 2 below shall be in substantial conformance with Sheet 1 of 1 of the plan titled Goose Creek Garden and Pavilion (the SPEX Plat ), dated August 18, 2016, and prepared by the Applicant, incorporated herein by reference, and the Revised 1993 Loudoun County Zoning Ordinance (the Zoning Ordinance ). Approval of this application for the approximately acres of property comprising the parcel identified as Tax Map Number /78/////////3/ (PIN: (the Property ), shall not relieve the applicant or the owners of the Property, their successors, or parties developing, establishing or operating the approved SPEX Uses (collectively, the Applicant ), from the obligation to comply with or conform to any other applicable Zoning Ordinance, Codified Ordinance, or regulatory requirement. 2. Use Permitted. This Special Exception grants approval of a Banquet/Event Facility use ( SPEX Use ) in the R-1 (Residential-1) zoning district as set forth in Section 3-103(HH), pursuant to Section Public Central Sanitary Sewer and Public Central Water. Portable toilets and portable hand-washing facilities may be used to serve the public when the SPEX Use is operating outdoors or under the tent. Prior to operating the SPEX Use indoors, in the House or Garage as labeled on the SPEX Plat, the Property shall be connected to the public central sanitary sewer system and public central water, at no cost to the County or Loudoun Water. 4. Sycolin Road Right-of-way Reservation and Dedication. The Applicant shall reserve rightof-way 45 feet from the existing centerline of Sycolin Road along the Property s Sycolin Road frontage. At the written request of the County or the Virginia Department of Transportation (VDOT), the Applicant shall dedicate sufficient right-of-way, together with any necessary temporary construction and drainage easements, to permit the future widening of Sycolin Road. Such right-of-way shall be dedicated to the County or VDOT at no cost to the County or VDOT and in an amount, location, and design approved by VDOT. 5. Hours of Operation. Hours of operation shall be limited to between 9:00 a.m. and 11:00 pm. 6. Noise/Amplified Music. Amplified music, including vocals, shall be permitted outdoors until no later than 10:00 p.m. on Sunday through Thursday, and no later than 11:00 p.m. on Friday and Saturday. The foregoing limitation shall not apply to non-amplified acoustic music, which shall be permitted outdoors. CONDITION OF APPROVAL (September 29, 2016) SPMI , Goose Creek Gardens and Pavilion 1. Minor Special Exception. This Minor Special Exception grants approval of the modification of the Additional Regulations of Section 5-642(A)(5)) of the Revised 1993 Loudoun County Zoning Ordinance to increase the maximum number of attendees allowed at the Banquet/Event Facility use from 200 to 300. No more than 300 guests shall be on the Property at any one time. Attachment 2

3 SPEX and SPMI , Goose Creek Gardens and Pavilion Planning Commission Public Hearing Conditions October 25, 2016 Page 2 The development of said Minor Special Exception modification shall be in substantial conformance with Sheet 1 of 1 the plat entitled Century Corner at Goose Creek Village Mixed Use Development, dated August 18, 2016, and prepared by the Applicant, (the SPEX Plat ), incorporated herein by reference, and the Revised 1993 Loudoun County Zoning Ordinance (the Zoning Ordinance ). Approval of this Minor Special Exception for the approximately acres of property comprising the parcel identified as Tax Map Number /78/////////3/ (PIN: (the Property ), shall not relieve the Applicant or the owners of the Property, their successors, or parties developing the Property, from the obligation to comply with and conform to any other Zoning Ordinance, Codified Ordinance, or regulatory requirement.

4 County of Loudoun Department of Planning and Zoning MEMORANDUM DATE: September 17, 2015 TO: FROM: Kelly Duty, Project Manager, Land Use Review Pat Giglio, Planner III, Community Planning SUBJECT: SPEX & SPMI , Goose Creek Gardens and Pavilion EXECUTIVE SUMMARY The applicant, Goose Creek Garden and Pavilion LLC, is requesting a Special Exception (SPEX) to permit the use of the subject property for a banquet facility to host indoor and outdoor events on the subject property located at Sycolin Creek Road, Ashburn. The applicant currently hosts temporary special events on the property, the proposed SPEX request for a banquet facility will enable the applicant to host additional events with more attendees and with more frequency on a permanent basis. The proposed use of the subject property as a banquet facility is in keeping with the land use policies of the Revised General Plan which supports a mix of non-residential uses within Residential Neighborhoods in the Suburban Policy Area. However the environmental policies of the Plan do not support the location of the proposed events tent within the floodplain. Community Planning Staff is unable to support the proposed Special Exception request at this time due to an outstanding environmental issue related to the location of the events tent within the floodplain. BACKGROUND The applicant, Goose Creek Garden and Pavilion LLC, is requesting a Special Exception (SPEX) to permit the use of the subject property for a banquet facility to host indoor and outdoor events. The applicant is also seeking a Minor Special Exception to increase the maximum number of attendees from 200 to 300. The acre subject property is located east of Goose Creek, west of the Dulles Greenway and north of Sycolin Creek Road. The subject property is occupied by an existing house, outbuildings and gravel parking area for 100 vehicles on the upland portions of the property, a 60 x 90 temporary events tent is located on a former basketball court in a clearing within the floodplain of Goose Creek west of the parking area and north of the house. The remainder of the property, including the road frontage on Sycolin Creek Road, floodplain and eastern boundary are forested with mature hardwoods. The Attachment 3

5 SPEX & SPMI Goose Creek Gardens and Pavilion September 8, 2015 Page 2 of 4 nearest offsite residence is located approximately 700 feet to the southwest of the subject property on the opposite side of Goose Creek. The subject property is zoned R-1 (Residential-1) and is governed under the provisions of the Revised 1993 Zoning Ordinance. The establishment of the proposed banquet facility use on the subject property will not require any additional ground disturbing activities, however, staff has identified issues with the use of an events tent which is located within the floodplain of Goose Creek. The subject property is currently served by an on-site well and drainfield, however, public water and sewer are available to serve the expanded banquet facility use. A review of County GIS records indicate that several elements of the County s Green Infrastructure are present on the subject property which include steep slopes, forest cover, wetlands and significant stream corridor resources associated with the floodplain of Goose Creek. The property is also located within the quarry notification overlay for the Luck Stone Quarry. CONFORMANCE WITH THE COMPREHENSIVE PLAN The subject property is governed under the policies of the Revised General Plan, the Loudoun County Bicycle and Pedestrian Mobility Master Plan, and the Revised Countywide Transportation Plan (Revised CTP). The subject site is located in the Ashburn Community within the Suburban Policy Area. The Revised General Plan identifies the subject site as suitable for Residential uses (Revised General Plan, Chapter 7, Planned Land Use Map).

6 SPEX & SPMI Goose Creek Gardens and Pavilion September 8, 2015 Page 3 of 4 ANALYSIS The policies of the Revised General Plan support the establishment of a mix of residential and non-residential uses to create a balanced sustainable community within the Suburban Policy Area. The subject property is located in an area designated for Residential Neighborhoods where housing is the principal function, but a mix of business, office, retail and personnel services, as well as public and civic uses are also planned to provide residents the opportunity to live, work and play within their community (Revised General Plan, Chapter 6, Land Use Categories-Residential, text). The proposed banquet facility is a hospitality services use which functions as a community gathering place for weddings and special events for residents. The proposed Special Exception for the banquet facility use would allow the applicant to expand their existing small business and host an unlimited number of events with more frequency than what is currently permitted by-right in the zoning district for the subject property. The applicant anticipates that the proposed banquet facility will host up to 60 events per year with the majority of the events occurring on the weekends between April and October. The number of attendees will vary from small events with 10 to 40 guests to larger events accommodating between 100 and 300 guests for indoor and outdoor events. The potential impacts from noise and light emanating from the proposed banquet facility use are partially mitigated by existing forested buffers which surround the perimeter of the property, however, conditions should be developed to ensure that the noise and lighting levels associated with outdoor events do not become a nuisance to neighboring properties. Staff recommends that the applicant commit to hours of operation for outdoor events and provide assurances that noise levels will be in compliance with County standards. Additionally, all lighting should be shielded and directed downward to reduce glare and spillage of light into the night sky in conformance with Plan policies. The application proposes to utilize the existing house, grounds, driveways, parking and an events tent located within the floodplain for the banquet facility use. While the proposed Banquet Facility use on the subject property is supported by the land use policies of the Revised General Plan, the proposed location of the event tent within the floodplain is not supported by the environmental policies. Specifically, the environmental policies seek to limit development and the number of uses in the floodplain to protect the biological integrity and health of the river and stream corridor resource. The Plan identifies road crossing, pervious paths and trails, utility corridors, stormwater management facilities, passive recreation uses such as hiking, biking, horseback riding, picnicking, camping, climbing, hunting, fishing, and wildlife viewing, active recreation uses such as physical education and athletic fields in minor floodplains, and agricultural activities but not structures as permitted uses within river and stream corridor resource areas subject to appropriate environmental standards (Revised General Plan, Chapter 5, River and Stream Corridor Resources Policies, Policy 18). The proposed events tent will be a permanent feature located within the floodplain and will no longer be removed between events as currently required by the Zoning Ordinance. As such Plan policies do not support the location of structures within the floodplain and the proposed events

7 SPEX & SPMI Goose Creek Gardens and Pavilion September 8, 2015 Page 4 of 4 tent should be located outside the limits of the floodplain and associated 50-foot management buffer in conformance with Plan policies. RECOMMENDATIONS The proposed use of the subject property as a banquet facility is in keeping with the land use policies of the Revised General Plan, which supports a mix of non-residential uses within Residential Neighborhoods in the Suburban Policy Area. Staff finds the proposed Minor Special Exception request to increase the maximum number of attendees from 200 to 300 appears reasonable provided traffic impacts are mitigated. In general, Staff supports the banquet facility use and modification request and recommends the application be conditioned to ensure that the noise and lighting levels associated with the use do not become a nuisance to neighboring properties. While the land use policies of the Plan support the banquet facility use, the environmental policies of the Plan do not support the location of the events tent within the floodplain. Staff recommends that the applicant consider alternative locations outside the floodplain and 50-foot management buffer in order to protect the stream corridor resources on the property in conformance with Plan policies. Community Planning Staff is unable to support the proposed Special Exception request at this time due to an outstanding environmental issue related to structures in the floodplain. Staff would be happy to meet with the applicant to discuss any comments or questions. Cc: Ricky W. Barker, AICP, Director, Planning and Zoning-via John Merrithew, AICP, Assistant Director, Planning and Zoning-via

8 COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING ZONING ADMINISTRATION REFERRAL DATE: September 19, 2016 TO: FROM: APPLICATION: Judi Burkitt, Project Manager Mark A. Depo, Senior Planner, Zoning Administration SPEX & SPMI Goose Creek Gardens and Pavilion TAX MAP/PARCEL: /78/////////3/ (the Property ) PLAN SUBMISSION: 1 st Submission Referral Comments SPECIAL EXCEPTION PLAT 1. Depict and denote the location and limits of the QN. [ZO ] 2. Depict and denote the required R-1 zoning ordinance setbacks. The applicant stated in their response letter that the setbacks are shown on Exhibit #1X. I was not provide a document titled Exhibit #1X. If Exhibit #1X refers to the SPEX Plat, there are no R-1 setbacks depicted. [ZO 3-104(C)(1)-(3)] 3. Properly depict and denote setbacks and access from major roads. The applicant stated in their response letter that the setbacks are shown on Exhibit #1X. If Exhibit #1X refers to the SPEX Plat, the setbacks from Sycolin Road must be measured from the ultimate right-of-way of Sycolin Road. [ZO and 5-900] 4. What does the dashed red line on the SPEX Plat represent? 5. Please confirm that, as depicted on the SPEX Plat, the Banquet/Event Facility use will only be operating out of a tent and the attendees will only have access to the depicted restroom trailer. The house is not part of the Banquet/Event Facility use. 6. It remains unclear as to whether the depicted Driveway & Parking Area can adequately and safely provide the needed parking spaces. For the Driveway, one-way movement requires a 20 feet travelway and two-way movement requires a 25 feet travelway. For the Parking Area standard head-in parking requires a 9 feet x 18 feet parking space and parallel parking requires an 8 feet x 22 feet parking space. Be advised, approval of the SPEX Plat does not relieve the applicant of providing the required number and dimension of parking spaces and drive aisle at the time of Site Plan. [ZO Table and Facility Standards Manual (FSM) 4.400] 7. Depict and denote the location, height, and type of lighting related to the Banquet/Event Facility use. The applicant stated in their response letter that there is existing lighting, however the lighting is not depicted. Additionally, any proposed lighting for the relocated tent and restroom trailer needs to be depicted. [ZO 5-642(E)]

9 COUNTY OF LOUDOUN DEPARTMENT OF PLANNING AND ZONING ZONING ADMINISTRATION REFERRAL DATE: September 18, 2015 TO: FROM: APPLICATION: Kelly Duty, Project Manager Mark A. Depo, Senior Planner, Zoning Administration SPEX & SPMI Goose Creek Gardens and Pavilion TAX MAP/PARCEL: /78/////////3/ (the Property ) PLAN SUBMISSION: 1 st Submission Referral Comments The above referenced property (hereinafter referred to as the Property ) is zoned R-1, Single Family Residential, under the Revised 1993 Loudoun County Zoning Ordinance (hereinafter referred to as the Zoning Ordinance ). A portion of the Property is located within the Floodplain Overlay District (FOD) major floodplain and subject to Zoning Ordinance Section A portion of the Property is located within the Quarry Notification Overlay District (QN) and subject to Zoning Ordinance Section The Property contains areas of moderate to very steep slopes and is subject to Zoning Ordinance Section The above referenced application has been submitted to establish a Banquet/Event Facility. Pursuant to Zoning Ordinance Section 3-103(HH), Banquet/Event Facility is a special exception use in the R-1 zoning district subject to the Additional Regulations for Specific Uses of Zoning Ordinance Section In conjunction with the Banquet/Event Facility special exception proposal, the Applicant is requesting to modify Zoning Ordinance Section 5-642(A)(5) that limits the maximum number of attendees allowed for the Property to increase the number of attendees from 200 to 300. ZONING COMMENTS SPECIAL EXCEPTION PLAT 1. The location of the Banquet/Event Facility use and more specifically the proposed Tent and Restroom Trailer are located with the FOD major floodplain. A Banquet/Event Facility is not a listed permitted or special exception use in the FOD. The proposed Tent and Restroom Trailer must be located outside of the FOD or obtain approval from FEMA demonstrating the proposed Tent and Restroom Trailer as depicted are not located within FOD. [Zoning Ordinance (ZO) ] 2. The Loudoun County Mapping aerials for 2014 and 2015 show what appears to be structures located within the FOD adjacent to the basketball court. Provide information as to the type and use of these structures. [ZO ]

10 SPEX /SPMI Goose Creek Gardens and Pavilion DPZ, Zoning Administration 1 st Referral September 18, 2015 Page 2 3. Depict and denote the location and limits of the FOD. Information needed to determine whether Banquet/Event Facility use extends into environmentally sensitive area. [ZO ] 4. Depict and denote the location and limits of the QN. Information needed to determine whether Banquet/Event Facility use extends into sensitive area. [ZO ] 5. Depict and denote the locations and limits of the steep slopes. Information needed to determine whether Banquet/Event Facility use extends into environmentally sensitive area. [ZO ] 6. Depict and denote the required R-1 zoning ordinance setbacks. Information needed to ensure proposed Banquet/Event Facility use does not extend into setbacks. [ZO 3-104(C)(1)-(3)] 7. Depict and denote setbacks and access from major roads. Information needed to ensure proposed Banquet/Event Facility use does not extend into setbacks. [ZO and 5-900] 8. Denote the lot coverage of the Property. Information needed to ensure proposed Banquet/Event Facility use does not exceed requirement. [ZO 3-104(A)] 9. The plan depicts and denote a possible future addition to residence approx. 9,900 sq. ft. max. If this addition is for residential purposes and not part of the Banquet/Event Facility, then remove all information related to the future addition as it is not relevant to the special exception application under review. 10. Depict and denote the limits and location of the Banquet/Event Facility use and facilities. It is not clear as to what structures and areas are to be used for the Banquet/Event Facility use and what structures and areas are for residential or other use of the Property. 11. Denote the hours of operation for the Banquet/Event Facility use. [ZO 5-642(A)(1)] 12. Denote the required and provided size of the Property. [ZO 5-642(A)(2)] 13. Denote the required and provided floor area ratio (FAR) of the Property. Information need to ensure proposed Banquet/Event Facility use does not exceed property FAR. [ZO 5-642(A)(3)] 14. Depict and denote the distance from structures, parking and event areas related to the Banquet/Event Facility use to property lines. [ZO 5-642(A)(4)(a)-(c)] 15. Denote the required (employees and attendees) and provided number of parking spaces for the Banquet/Event Facility use. The requested modification to increase the number of attendees 300 would require 99 (.33 spaces per permitted attendee) parking spaces not including employee parking (1 space per employee). The plan currently denotes approx. 100 spaces. [ZO 5-642(A)(5) and Table ] 16. Depict and denote the location and dimensions of parking travelways and spaces. It is unclear as to whether the depicted Driveway & Parking Area can adequately and safely provide the needed parking spaces. For the Driveway, one-way movement requires a 20 feet travelway and two-way movement requires a 25 feet travelway. For the Parking Area standard headin parking requires a 9 feet x 18 feet parking space and parallel parking requires an 8 feet x 22 feet parking space. [ZO Table and Facility Standards Manual (FSM) 4.400] 17. Depict and denote the location, height, and type of lighting related to the Banquet/Event Facility use. Information is needed to determine impact of lighting on adjacent properties. [ZO 5-642(E)] 18. Depict and denote the location and type of noise source related to the Banquet/Event Facility use. Information is needed to determine impact of noise on adjacent properties. [ZO 5-642(F)]

11 SPEX /SPMI Goose Creek Gardens and Pavilion DPZ, Zoning Administration 1 st Referral September 18, 2015 Page 3 SPEX ISSUES FOR CONSIDERATION (Statement of Justification) In considering a minor special exception or special exception application, the Issues of Consideration in Section , of the Zoning Ordinance, shall be given reasonable consideration. The Applicant shall address all the following in its statement of justification and plat unless not applicable, in addition to any other standards imposed by this Ordinance. Zoning Staff provided the following comments regarding the Issues of Consideration: ISSUES FOR CONSIDERATION (1) Whether the proposed minor special exception or special exception is consistent with the Comprehensive Plan. (2) Whether the level and impact of any noise, light, glare, odor or other emissions generated by the proposed use will negatively impact surrounding uses. (3) Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and on adjacent parcels. (4) Whether the proposed special exception or minor special exception adequately protects and mitigates impacts on the environmental or natural features including, but not limited to, wildlife habitat, vegetation, wetlands, water quality including groundwater), air quality, topographic, scenic, ZONING STAFF COMMENTS Zoning Staff defers to Community Planning regarding Comprehensive Plan considerations. The Applicant s response and SPEX plan does not state whether outdoor lighting is proposed and type of noise generated. If outdoor lighting is proposed, the locations of lighting needs to be depicted on the SPEX plan including the height and type (pole or building mounted, bulb type, shielded, etc.) of lighting proposed. If noise (DJ music, bands, etc.) is generated from the use, the locations (stage, booth, etc.) of noise be generated needs to be depicted on the SPEX plan including the type of noise proposed. Additionally, if outdoor lighting and noise is proposed, the Applicant must explain in the Statement of Justification Issues for Consideration whether the proposed lighting and noise will negatively impact surrounding uses. The Property must meet the Zoning Ordinance performance standards requirements for light and noise. [ZO and ] The Applicant does not explain whether the proposed Banquet/Event Facility use is compatible to existing and potential residential uses and existing agriculture uses in the neighborhood and on adjacent parcels. Zoning Staff defers to Community Planning regarding compatibility. Currently, the Banquet/Event Facility use is proposed to be located with the FOD which is not permitted. Zoning Staff defers to Community Planning regarding environmental and archaeological or historic considerations.

12 SPEX /SPMI Goose Creek Gardens and Pavilion DPZ, Zoning Administration 1 st Referral September 18, 2015 Page 4 archaeological or historic features, and agricultural and forestal lands. (5) Whether the proposed special exception at the specified location will contribute to or promote the welfare or convenience of the public. (6) Whether the proposed special exception can be served adequately by public utilities and services, roads, pedestrian connections and other transportation services and, in rural areas, by adequate on-site utilities. No Comments. The Applicant states that the existing road is more than adequate to accommodate the occasional traffic generated by our events. The Applicant should explain the occasional Banquet/Event Facility use of the Property. Is the Applicant limiting/proffering the Banquet/Event Facility use to the 60 annual events in the Statement of Justification? If so, the Applicant should clearly state such on the SPEX plat and in the Issues of Consideration statement. Zoning Staff defers to Community Planning, DTCI and/or VDOT regarding adequacy of public utilities and transportation services. SPMI ISSUES FOR CONSIDERATION (Statement of Justification) The Additional Regulations for Specific Uses, unless otherwise specified, may be modified by Minor Special Exception in accordance with the provisions of Section Modifications may be approved by the Board of Supervisors upon a finding that such modification to the regulations will achieve an innovative design, improve upon the existing regulations, preserve the County s historic or archeological heritage, or otherwise exceed the public purpose of the existing regulation. ISSUES FOR CONSIDERATION (1) Whether the proposed minor special exception or special exception is consistent with the Comprehensive Plan. (2) Whether the level and impact of any noise, light, glare, odor or other emissions generated by the proposed use will negatively impact surrounding uses. (3) Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and on adjacent parcels. ZONING STAFF COMMENTS Zoning Staff defers to Community Planning regarding Comprehensive Plan considerations. The increase in the number of attendees to 300 from the allowed 200 for the Property increases the level of impact of light and noise generated. The Applicant must address this issue. See SPEX Issues For Consideration comments, above. The Applicant must state whether the proposed Banquet/Event Facility use and increase of 100 attendees is compatible to existing and potential residential uses and existing agriculture uses in the neighborhood and on adjacent parcels. The Applicant must demonstrate how the modification to

13 (4) Whether the proposed special exception or minor special exception adequately protects and mitigates impacts on the environmental or natural features including, but not limited to, wildlife habitat, vegetation, wetlands, water quality including groundwater), air quality, topographic, scenic, archaeological or historic features, and agricultural and forestal lands. (5) Whether the proposed special exception at the specified location will contribute to or promote the welfare or convenience of the public. (6) Whether the proposed special exception can be served adequately by public utilities and services, roads, pedestrian connections and other transportation services and, in rural areas, by adequate on-site utilities. ADDITIONAL INFORMATION SPEX /SPMI Goose Creek Gardens and Pavilion DPZ, Zoning Administration 1 st Referral September 18, 2015 Page 5 the regulations will exceed the public purpose of the existing regulation. Zoning Staff defers to Community Planning regarding compatibility. Currently, the Banquet/Event Facility use is proposed to be located with the FOD which is not permitted. The Applicant must state impacts due to the increase of 100 attendees. Zoning Staff defers to Community Planning regarding environmental and archaeological or historic considerations. The Applicant must demonstrate how the modification to the regulations to increase of 100 attendees will contribute to or promote the welfare or convenience of the public.. The Applicant must demonstrate how the modification to the regulations to increase of 100 attendees can be adequately served. Zoning Staff defers to Community Planning, DTCI and/or VDOT regarding adequacy of public utilities and transportation services. The Applicant must demonstrate how the modification to the regulations to increase the number of attendees will achieve an innovative design, improve upon the existing regulations, or otherwise exceed the public purpose of the existing regulation.

14 County of Loudoun Department of Transportation and Capital Infrastructure MEMORANDUM DATE: September 16, 2016 TO: FROM: Judi Birkitt, Project Manager Department of Planning and Zoning Robert Brown, Senior Transportation Planner DTCI, Transportation Planning & Operations Division SUBJECT: SPEX & SPMI Goose Creek Gardens and Pavilion Second Referral Background This referral updates the status of comments noted in the first Department of Transportation and Capital Infrastructure (DTCI) referral dated September 22, 2015 for a Special Exception (SPEX) and a Minor Special Exception (SPMI) to allow an existing hospitality venue to be designated as a Banquet Hall to accommodate up to 300 attendees. The site currently serves as an event venue in the R-1 (Single Family Residential) zoning district. The acre site is located on the north side of Sycolin Road (VA Route 625), east of Goose Creek and west of the Dulles Greenway (VA Route 267). The only access to this site is from a driveway on Sycolin Road that is approximately 1,200 feet west of Houseman Terrace and 540 feet east of Goose Creek. This update is based on DTCI review of materials received from the Department of Planning and Zoning on August 19, 2016, including (1) an Information Sheet dated August 18, 2016; (2) a Statement of Justification prepared by the Applicant dated August 7, 2015 and updated August 8, 2016, which includes responses to comments, and (3) an undated SPEX plat prepared by the Applicant. Status of Transportation Comments and Recommendations Staff comments from the first DTCI referral (September 22, 2015) as well as the Applicant s responses (quoted directly from its August 8, 2016 Response to Department Questions), and comment status are provided below. 1. Initial Staff Comment (First Referral, September 22, 2015): There is no indication that the current operation has had any traffic issues on Sycolin Road based on DTCI s review of crash data published by VDOT for the years 2012, 2013 and As shown on Attachment 4 [in the 1 st DTCI referral], the only crashes reported by VDOT during this period on this segment of Sycolin Road were west of Goose Creek.

15 SPEX & SPMI Goose Creek Gardens and Pavilion DTCI Second Referral Comments September 16, 2016 Page 2 Applicant s Response (August 8, 2016): No reply necessary. Comment Status: Comment addressed. 2. Initial Staff Comment (First Referral, September 22, 2015): The designation of the facility as a Banquet Hall will permit up to 300 attendees at a venue. The Applicant has indicated that most major events, where 100 to 300 guests could be accommodated, would occur on weekends, and that major weekday events are rare (approximately five per year), and mostly occur on Holidays. Applicant s Response (August 8, 2016): No reply necessary. Comment Status: Comment addressed. 3. Initial Staff Comment (First Referral, September 22, 2015): Given that the Applicant has been holding events at this site for many years without recorded incidents from traffic (Attachment 4) [in the 1 st DTCI referral], and given that the majority of the increases would be weekend occurrences, it does not appear that the applications would have a significant impact of peak weekday traffic, which is a standard traffic engineering metric by which development proposals are measured. As such, DTCI is not requesting additional roadway improvements with these applications. Applicant s Response (August 8, 2016): No reply necessary. Comment Status: Comment addressed. 4. Initial Staff Comment (First Referral, September 22, 2015): Sycolin Road is planned per the 2010 CTP to be widened to a four-lane divided (U4M) roadway (90-foot ROW) in the future, however, no date has been set for this widening, and no funding has been designated for this purpose by the County. To accommodate this future planned widening, the Applicant should agree to provide a ROW reservation 45 feet from the existing centerline of Sycolin Road (per the SPEX plat, this would amount to an additional 20 feet from the edge of the existing ROW). This ROW reservation should be made available for dedication to the County or VDOT upon request. Applicant s Response (August 8, 2016):This SPEX is intended as a temporary use of our property and not a permanent alteration of the use or existing R-1 zoning, further this is not a development proposal, therefore, we feel the need to reserve or dedicate additional ROW is not warranted. Comment Status: Comment not addressed. Per discussions with Zoning Administration staff and the Office of the County Attorney, DTCI understands that the subject proposal is not sought as a temporary use and is a development application. At a minimum, the Applicant needs to depict a ROW reservation for the

16 SPEX & SPMI Goose Creek Gardens and Pavilion DTCI Second Referral Comments September 16, 2016 Page 3 ultimate condition of Sycolin Road on the SPEX plat. DTCI defers to the Department of Planning and Zoning for further comment on this matter. Conclusion Upon resolution of Comment 4 as noted above, DTCI could support approval of these applications. DTCI staff is available to meet with the Applicant to discuss the transportation issues noted in this referral. cc: Kathleen Leidich, Assistant Director, DTCI Lou Mosurak, Senior Coordinator, DTCI

17 County of Loudoun Department of Transportation and Capital Infrastructure MEMORANDUM DATE: September 22, 2015 TO: FROM: Judi Birkitt, Project Manager Department of Planning and Zoning Robert Brown, Senior Transportation Planner DTCI, Transportation Planning & Operations Division SUBJECT: SPEX & SPMI Goose Creek Gardens and Pavilion First Referral Background These applications seek approval of a Special Exception (SPEX) and a Minor Special Exception (SPMI) to allow an existing hospitality venue be designated as a Banquet Hall to accommodate up to 300 attendees. The site currently serves as an event venue in the R-1 (Single Family Residential) zoning district. The acre site is located on the north side of Sycolin Road (VA Route 625), east of Goose Creek and west of the Dulles Greenway (VA Route 267). The only access to this site is from a driveway on Sycolin Road that is approximately 1,200 feet west of Houseman Terrace and 540 feet east of Goose Creek. A vicinity map is provided as Attachment 1, and the Applicant s SPEX plat is provided as Attachment 2. Department of Transportation and Capital Infrastructure (DTCI) review of these applications is based on materials received from the Department of Planning and Zoning on August 19, 2015, including (1) an Information Sheet dated August 18, 2015; (2) a Statement of Justification prepared by the Applicant dated August 7, 2015, which includes a traffic statement estimating vehicle trips that would be generated by the Banquet Hall, and (3) a undated SPEX plat prepared by the Applicant. In addition, DTCI reviewed (4) a letter received from the Applicant on May 18, 2015, as part of the Traffic Scoping for these applications, which indicates the current number of vehicle trips associated with current operations (Attachment 3). Compliance with the Countywide Transportation Plan The site is located in the Suburban Policy Area (Ashburn Community). The transportation network is specifically governed by the policies of Countywide Transportation Plan (2010 CTP) and the Bicycle & Pedestrian Mobility Master Plan (2003 Bike & Ped Plan). DTCI s assessment of the transportation network is based on review of existing, planned and

18 SPEX & SPMI Goose Creek Gardens and Pavilion DTCI First Referral Comments September 22, 2015 Page 2 programmed transportation facilities, review of the Applicant s traffic study, and applicable County policies. Existing, Planned and Programmed Transportation Facilities Roadways serving the site are described below. Descriptions for planned conditions of CTP roads are taken from Appendix 1 of the 2010 CTP; descriptions of planned bicycle and pedestrian facilities on CTP roads are taken from Appendix 6 of the 2010 CTP and the 2003 Bike & Ped Plan. Sycolin Road (VA Route 625) is currently designated by the 2010 CTP as a minor collector and runs in an east-west direction along the southern frontage of the site from Belmont Ridge Road (VA Route 659) to the Town of Leesburg. Sycolin Road currently operates as a twolane undivided roadway (R2) in the vicinity of the site. Per the 2010 CTP, in its ultimate condition, Sycolin Road is planned to be reclassified as a major collector and constructed as a four-lane median divided (U4M) roadway (including turn lanes at all intersections) within a 90-foot right-of-way (ROW). The posted speed limit is 35 MPH in the immediate vicinity of the site. Sycolin Road currently carries approximately 10,000 vehicles per day, according to the most recent (2014) VDOT-published daily traffic counts. The 2003 Bike & Ped Plan categorizes Sycolin Road as a baseline connecting roadway along which bicycle and pedestrian facilities are envisioned. Per the 2010 CTP, planned fourlane roads should have one 10-foot wide shared-use path (within the ROW or centered within a 14-foot easement) and one six-foot wide sidewalk. Currently, there are no bicycle or pedestrian facilities constructed on either side of Sycolin Road in the vicinity of the site. Review of Applicant s Traffic Statement The Applicant indicated in its Statement of Justification that if these applications were approved it would be able to increase the number of events to as many as two weddings on a weekend between April and October. The Applicant further estimated that the maximum number of events in a year, within the range of 100 to 300 guests, would be 40 and estimated an overall total of 60 events per year. In addition, Attachment 3, provided by the Applicant, indicates that the current operation has approximately 175 guests for weekend events, and estimates approximately 50 guests for weekday events. Transportation Comments and Recommendations DTCI staff has reviewed the Applicant s submitted materials and has the following comments and recommendations: 1. There is no indication that the current operation has had any traffic issues on Sycolin Road based on DTCI s review of crash data published by VDOT for the years 2012, 2013 and As shown on Attachment 4, the only crashes reported by VDOT during this period on this segment of Sycolin Road were west of Goose Creek. 2. The designation of the facility as a Banquet Hall will permit up to 300 attendees at a venue. The Applicant has indicated that most major events, where 100 to 300 guests

19 SPEX & SPMI Goose Creek Gardens and Pavilion DTCI First Referral Comments September 22, 2015 Page 3 could be accommodated, would occur on weekends, and that major weekday events are rare (approximately five per year), and mostly occur on Holidays. 3. Given that the Applicant has been holding events at this site for many years without recorded incidents from traffic (Attachment 4), and given that the majority of the increases would be weekend occurrences, it does not appear that the applications would have a significant impact of peak weekday traffic, which is a standard traffic engineering metric by which development proposals are measured. As such, DTCI is not requesting additional roadway improvements with these applications. 4. Sycolin Road is planned per the 2010 CTP to be widened to a four-lane divided (U4M) roadway (90-foot ROW) in the future, however, no date has been set for this widening, and no funding has been designated for this purpose by the County. To accommodate this future planned widening, the Applicant should agree to provide a ROW reservation 45 feet from the existing centerline of Sycolin Road (per the SPEX plat, this would amount to an additional 20 feet from the edge of the existing ROW). This ROW reservation should be made available for dedication to the County or VDOT upon request. Conclusion Upon resolution of Comment 4 as noted above, DTCI would have no objection to the approval of these applications. DTCI staff is available to meet with the Applicant to discuss the transportation issues associated with these applications. ATTACHMENTS 1. Site Vicinity Map 2. Applicant s SPEX Plat (undated) 3. Applicant s Traffic Statement Letter (May 18, 2015) 4. VDOT Published Crash Data ( ) cc: Kathleen Leidich, Assistant Director, DTCI Lou Mosurak, Senior Coordinator, DTCI

20 SITE Vicinity Map SPEX and SPMI Goose Creek Gardens ATTACHMENT 1

21 Applicant s SPEX Plat ATTACHMENT 2

22 Loudoun County Dept. of Transportation 1 Harrison St. SE Leesburg VA May 18, 2015 Dear Mr. Brown, Thank you for promptly returning my call. It was very nice speaking with you. As I explained in our conversation, we are getting ready to submit our special exception application for a Banquet Hall in the R-1 District. Accordingly, one of the requirements is a Traffic Statement from the Department of Transportation. Background: Goose Creek Gardens and Pavilion LLC Our goal: To simply continue as we have been under the by-right use. We have no plans to change our infrastructure or accommodations now or in the near future. We simply would like to do more events under the Banquet Hall designation in order to make the business more economically viable. Our expectations: smaller events during the week such as: showers, birthdays, tea parties, etc. and larger events on the weekends. History: This is our third year as an event venue and we have never had any complaints or problems with traffic, noise, or any other issues. We are a relatively secluded and private venue. Access and Parking: We have our own driveway that provides easy ingress and egress. Our parking can accommodate over 100 vehicles as well as a around-about which relieves a lot of the traffic issues. Guest Estimates: Our weekend average has been approximately 175 guests. Our forecast for a week day event are approximately 50 guests. I hope this information is adequate. Please let me know if you need any additional information from us. Incidentally, we have and will continue to be residing at our residence on the property. Thank you. Sincerely, Ari Ari Hennessy Goose Creek Gardens and Pavilion LLC Sycolin Rd. Ashburn VA ATTACHMENT 3

23 Site Crash Locations VDOT Published Crash Data ( ) ATTACHMENT 4

24 County of Loudoun Department of Transportation and Capital Infrastructure MEMORANDUM DATE: September 22, 2015 TO: FROM: Judi Birkitt, Project Manager Department of Planning and Zoning Robert Brown, Senior Transportation Planner DTCI, Transportation Planning & Operations Division SUBJECT: SPEX & SPMI Goose Creek Gardens and Pavilion First Referral Background These applications seek approval of a Special Exception (SPEX) and a Minor Special Exception (SPMI) to allow an existing hospitality venue be designated as a Banquet Hall to accommodate up to 300 attendees. The site currently serves as an event venue in the R-1 (Single Family Residential) zoning district. The acre site is located on the north side of Sycolin Road (VA Route 625), east of Goose Creek and west of the Dulles Greenway (VA Route 267). The only access to this site is from a driveway on Sycolin Road that is approximately 1,200 feet west of Houseman Terrace and 540 feet east of Goose Creek. A vicinity map is provided as Attachment 1, and the Applicant s SPEX plat is provided as Attachment 2. Department of Transportation and Capital Infrastructure (DTCI) review of these applications is based on materials received from the Department of Planning and Zoning on August 19, 2015, including (1) an Information Sheet dated August 18, 2015; (2) a Statement of Justification prepared by the Applicant dated August 7, 2015, which includes a traffic statement estimating vehicle trips that would be generated by the Banquet Hall, and (3) a undated SPEX plat prepared by the Applicant. In addition, DTCI reviewed (4) a letter received from the Applicant on May 18, 2015, as part of the Traffic Scoping for these applications, which indicates the current number of vehicle trips associated with current operations (Attachment 3). Compliance with the Countywide Transportation Plan The site is located in the Suburban Policy Area (Ashburn Community). The transportation network is specifically governed by the policies of Countywide Transportation Plan (2010 CTP) and the Bicycle & Pedestrian Mobility Master Plan (2003 Bike & Ped Plan). DTCI s assessment of the transportation network is based on review of existing, planned and

25 SPEX & SPMI Goose Creek Gardens and Pavilion DTCI First Referral Comments September 22, 2015 Page 2 programmed transportation facilities, review of the Applicant s traffic study, and applicable County policies. Existing, Planned and Programmed Transportation Facilities Roadways serving the site are described below. Descriptions for planned conditions of CTP roads are taken from Appendix 1 of the 2010 CTP; descriptions of planned bicycle and pedestrian facilities on CTP roads are taken from Appendix 6 of the 2010 CTP and the 2003 Bike & Ped Plan. Sycolin Road (VA Route 625) is currently designated by the 2010 CTP as a minor collector and runs in an east-west direction along the southern frontage of the site from Belmont Ridge Road (VA Route 659) to the Town of Leesburg. Sycolin Road currently operates as a twolane undivided roadway (R2) in the vicinity of the site. Per the 2010 CTP, in its ultimate condition, Sycolin Road is planned to be reclassified as a major collector and constructed as a four-lane median divided (U4M) roadway (including turn lanes at all intersections) within a 90-foot right-of-way (ROW). The posted speed limit is 35 MPH in the immediate vicinity of the site. Sycolin Road currently carries approximately 10,000 vehicles per day, according to the most recent (2014) VDOT-published daily traffic counts. The 2003 Bike & Ped Plan categorizes Sycolin Road as a baseline connecting roadway along which bicycle and pedestrian facilities are envisioned. Per the 2010 CTP, planned fourlane roads should have one 10-foot wide shared-use path (within the ROW or centered within a 14-foot easement) and one six-foot wide sidewalk. Currently, there are no bicycle or pedestrian facilities constructed on either side of Sycolin Road in the vicinity of the site. Review of Applicant s Traffic Statement The Applicant indicated in its Statement of Justification that if these applications were approved it would be able to increase the number of events to as many as two weddings on a weekend between April and October. The Applicant further estimated that the maximum number of events in a year, within the range of 100 to 300 guests, would be 40 and estimated an overall total of 60 events per year. In addition, Attachment 3, provided by the Applicant, indicates that the current operation has approximately 175 guests for weekend events, and estimates approximately 50 guests for weekday events. Transportation Comments and Recommendations DTCI staff has reviewed the Applicant s submitted materials and has the following comments and recommendations: 1. There is no indication that the current operation has had any traffic issues on Sycolin Road based on DTCI s review of crash data published by VDOT for the years 2012, 2013 and As shown on Attachment 4, the only crashes reported by VDOT during this period on this segment of Sycolin Road were west of Goose Creek. 2. The designation of the facility as a Banquet Hall will permit up to 300 attendees at a venue. The Applicant has indicated that most major events, where 100 to 300 guests

26 SPEX & SPMI Goose Creek Gardens and Pavilion DTCI First Referral Comments September 22, 2015 Page 3 could be accommodated, would occur on weekends, and that major weekday events are rare (approximately five per year), and mostly occur on Holidays. 3. Given that the Applicant has been holding events at this site for many years without recorded incidents from traffic (Attachment 4), and given that the majority of the increases would be weekend occurrences, it does not appear that the applications would have a significant impact of peak weekday traffic, which is a standard traffic engineering metric by which development proposals are measured. As such, DTCI is not requesting additional roadway improvements with these applications. 4. Sycolin Road is planned per the 2010 CTP to be widened to a four-lane divided (U4M) roadway (90-foot ROW) in the future, however, no date has been set for this widening, and no funding has been designated for this purpose by the County. To accommodate this future planned widening, the Applicant should agree to provide a ROW reservation 45 feet from the existing centerline of Sycolin Road (per the SPEX plat, this would amount to an additional 20 feet from the edge of the existing ROW). This ROW reservation should be made available for dedication to the County or VDOT upon request. Conclusion Upon resolution of Comment 4 as noted above, DTCI would have no objection to the approval of these applications. DTCI staff is available to meet with the Applicant to discuss the transportation issues associated with these applications. ATTACHMENTS 1. Site Vicinity Map 2. Applicant s SPEX Plat (undated) 3. Applicant s Traffic Statement Letter (May 18, 2015) 4. VDOT Published Crash Data ( ) cc: Kathleen Leidich, Assistant Director, DTCI Lou Mosurak, Senior Coordinator, DTCI

27 SITE Vicinity Map SPEX and SPMI Goose Creek Gardens ATTACHMENT 1

28 Applicant s SPEX Plat ATTACHMENT 2

29 Loudoun County Dept. of Transportation 1 Harrison St. SE Leesburg VA May 18, 2015 Dear Mr. Brown, Thank you for promptly returning my call. It was very nice speaking with you. As I explained in our conversation, we are getting ready to submit our special exception application for a Banquet Hall in the R-1 District. Accordingly, one of the requirements is a Traffic Statement from the Department of Transportation. Background: Goose Creek Gardens and Pavilion LLC Our goal: To simply continue as we have been under the by-right use. We have no plans to change our infrastructure or accommodations now or in the near future. We simply would like to do more events under the Banquet Hall designation in order to make the business more economically viable. Our expectations: smaller events during the week such as: showers, birthdays, tea parties, etc. and larger events on the weekends. History: This is our third year as an event venue and we have never had any complaints or problems with traffic, noise, or any other issues. We are a relatively secluded and private venue. Access and Parking: We have our own driveway that provides easy ingress and egress. Our parking can accommodate over 100 vehicles as well as a around-about which relieves a lot of the traffic issues. Guest Estimates: Our weekend average has been approximately 175 guests. Our forecast for a week day event are approximately 50 guests. I hope this information is adequate. Please let me know if you need any additional information from us. Incidentally, we have and will continue to be residing at our residence on the property. Thank you. Sincerely, Ari Ari Hennessy Goose Creek Gardens and Pavilion LLC Sycolin Rd. Ashburn VA ATTACHMENT 3

30 Site Crash Locations VDOT Published Crash Data ( ) ATTACHMENT 4

31 COUNTY OF LOUDOUN PARKS, RECREATION AND COMMUNITY SERVICES REFERRAL MEMORANDUM To: Kelly Duty, Project Planner, Planning and Zoning (MSC #62) From: CC: Mark A. Novak, Chief Park Planner, Facilities Planning and Development (MSC #78) Steve Torpy, Director Karen Sheets, Deputy Director Jeremy Payne, Deputy Director Jim Bonfils, Chairman, PROS Board, At-Large Member Mark Hair, PROS Board, Ashburn District Member Derek Irelan, PROS Board, Open Space Member Kenneth B. Scott, PROS Board, Open Space Member Date: September 14, 2015 Subject: Goose Creek Gardens and Pavilion SPEX & SPMI Election District: Ashburn Sub Planning Area: Ashburn MCPI # BACKGROUND: The subject site is located west of the Dulles Greenway and north of Sycolin Road in the Ashburn election district, Ashburn sub-planning area. The property is approximately acre and includes a residence and several additional structures, sheds, garage, gazebos, etc. The property is zoned R-1 and therefore falls under the suburban policy guidelines. Currently the Applicant is operating an event venue as Goose Creek Gardens and Pavilion, LLC under the "By Right" designation in the R-1 district, which allows10 events per Year. The Applicant is requesting approval of a special exception to allow a banquet hall and a minor special exception to modify to increase the number of attendees from 200 to 300 on acres in the R-1 zoning district.

32 Goose Creek Gardens and Pavilion SPEX , SPMI September 14, 2015 Page 2 of 3 County Parkland/or Trails SITE Map Location PROJECT PROPOSAL: The Applicant is requesting approval of a special exception to allow a banquet hall and a minor special exception to modify to increase the number of attendees from 200 to 300 on acres in the R-1 zoning district. The Applicant is proposing to operate as a banquet hall and expand the number of events permitted throughout the year. The Applicant is proposing one to two events per weekend during the Wedding Season (April

33 Goose Creek Gardens and Pavilion SPEX , SPMI September 14, 2015 Page 3 of 3 October). As well as occasional events through the year such as birthdays, wedding showers and corporate events which would take place mostly on weekends. RECOMMENDATIONS: The Department of Parks, Recreation and Community Services (PRCS) has reviewed the Applicant s proposal and is not in objection as presented. However, as part of the 2005 rezoning ZMAP , the County (PRCS) received approximately 11.5 acres of passive parkland west of the applicant s property. While the park is currently undeveloped, PRCS will developing the park with trails, picnic areas and other passive recreational amenities. If you have any questions or concerns regarding these comments, please do not hesitate to contact me at or mark.novak@loudoun.gov.

34 September 8, 2015 Ms. Kelly Duty Department of Planning 1 Harrison Street, S.E. P. O. Box 7000 Leesburg, Virginia Re: SPEX , SPMI ; Goose Creek Gardens and Pavilion Dear Ms. Duty: Loudoun Water has reviewed the referenced referral application and offers the following comments: Adequate water service is available to the property. Wastewater service is limited, and therefore additional information is needed to adequately evaluate this application. Based on full occupancy of the facilities proposed, what would be the maximum daily water demand and the average daily sewer demand? Will the house and proposed addition be connected to public facilities or only the tent and restrooms? Is there a proposed commercial kitchen in the addition? All wastewater collection and pumping facilities must be located outside the 100-year flood plain and must adequately protect Beaverdam Reservoir. A fire hydrant is required within 300 of any occupied space being served by public water. Should offsite easements be required to extend public water and/or sanitary sewer to this site, the applicant shall be responsible for acquiring such easements and dedicating them to the Authority at no cost the County or to the Authority. Public water and sanitary sewer service would be contingent upon the developer s compliance with the Authority s Statement of Policy; Rates, Rules and Regulations; and Design Standards. Should you have any questions, please do not hesitate to contact me. Sincerely, Julie Atwell Engineering Administrative Specialist

35 From: Zhu, Zhongqiang Sent: Friday, September 16, :25 AM To: Birkitt, Judi Cc: Cain, Bill Subject: SPEX HENNESSY GOOSE CREEK GARDENS & PAVILION Hi Judi I have reviewed the application there is a floodplain associated with this application. But the proposed tent (existing now) and restroom are already move out the floodplain. Therefore, the Floodplain Management Team has no comments to offer at this time. Zhongqiang Zhu Water Resources Engineer **************************************************** Loudoun County Department of Building and Development, MSC 60 1 Harrison Street, SE, 3rd Floor PO Box 7000 Leesburg, VA Zhongqiang.Zhu@loudoun.gov

36 Loudoun County, Virginia Department of Fire, Rescue and Emergency Management 801 Sycolin Road, Suite 200 Leesburg, VA Phone Fax Memorandum To: Judi Birkitt, Project Manager From: Maria Figueroa Taylor, Fire-Rescue Planner Date: November 9, 2015 Subject: Goose Creek Gardens and Pavilion SPMI Thank you for the opportunity to review the above captioned applications. The Fire and Rescue Planning Staff has no comments. The Fire-Rescue GIS and Mapping coordinator offered the following information regarding estimated response times: PIN Ashburn, Station 6 Travel Time minutes Travel times are determined using ESRI GIS network analyst along the county s street centerline with distance and speed limit being the criteria. Travel time is reported in minutes and seconds. For the approximate response time two minutes is added for turnout time. Approximate Response Time for Ashburn, Station 6 8 minutes If you have any questions or need additional information, please contact me at c: Project file Teamwork * Integrity * Professionalism * Service

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38 MEMORANDUM TO: FROM: SUBJECT: Judi Birkitt AICP, Project Manager Planning & Zoning, MSC #62 Roger R. Lewis Senior Environmental Health Specialist Division of Environmental Health SPEX , SPEX , SPEX & SPMI Goose Creek Gardens MCPI: DATE: August 31, 2016 This Department reviewed the Statement of Justification dated August 2, 2016 and the Special Exception Plat dated August 16, Staff cannot support the approval of the application for the following reasons. 1. The proposed banquet facility and all of its related functions must be served by public water and public sewer as proposed. 2. The Restroom Trailer as shown on the plat should not be permitted for SPEX/SPMI uses. Portable restrooms are for limited temporary uses only. 3. If the current residence is to be used as part of the banquet facility, then the existing onsite sewage disposal system must be properly abandoned. A Health Department permit would be required for this action. If further information or clarification on the above project is required, please contact me at W: SPEX , SPEX , SPEX & SPMI RRL/JAB/rrl

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45 Statement of Justification Banquet Hall Goose Creek Gardens and Pavilion LLC SPEX and SPMI As well as: SPEX (B) Special Events use in the Major Floodplain. SPEX (E) Incidental structures, greater than 840 square feet of floor area, associated with permitted or approved special exception uses in the FOD (Major Floodplain) August 7, 2015 Updated August 2,2016 We are the Hennessys, we are presently operating an event venue as Goose Creek Gardens and Pavilion, LLC under the By Right designation in the R-1 district, which allows us 10 events per Year. We have heavily invested, financially, physically, and emotionally in this venture. Our goal is to serve our community in a positive, productive and cohesive manner that preserves the green space and natural beauty of our property, while at the same time develop a profitable business for ourselves and our family. We are committed to be green and nature friendly, we know this is important to the county and the community. We do feel we have achieved this as the public commonly mistakes us for a public park. We are located on a acre parcel in Ashburn which includes our residence and several additional structures, sheds, garage, gazebos, etc. Our property is zoned R-1 and therefore falls under the suburban policy guidelines. There are no homes or developed properties directly bordering our property. We are located north of Sycolin Road and East of Goose Creek. The nearest home is approximately 2000 feet from our property s eastern most border. We enjoy what we do and without exception, our clients have been thrilled with their experiences thus far. However maintaining and operating under the present restrictions has made it very difficult for us to be a viable business. We are concerned about our long-term viability if the zoning restrictions remain unchanged! We at Goose Creek gardens and Pavilion want to remind you of certain important issues. Although we are a small business, we represent an important part of the Loudoun County economy. The banquet hall business models are unique and in high demand, because of the services we offer. We draw a clientele from the entire DC metropolitan region and employ local vendors to support us in fulfilling our client s needs. We have numerous potential clients who want to reserve our space but we cannot commit until we know if their event will be allowed under rewarding us as a banquet hall business through the special exception process. In fact there are a limited number of properties that are suited to be in our respective fields as a banquet hall, and there are even fewer individuals that are willing to put forth their personal time, effort and financing to open and operate these types of facilities. Attachment 4

46 As a Banquet Hall, we would like to expand the number of events we are permitted to do throughout the year. We envision doing 1-2 events per weekend during the Wedding Season. The Wedding Season is generally April October. We expect we will also do occasional events through the year ie: Birthdays, Showers, Corporate Events, etc. Although we will consider weekday events, we expect the majority of our events to take place on weekends. Annual Event Projection: Weekend Week Day Total Large Events ( Guests) Small Events (10-40 Guests) Annual (*These numbers are estimates based on customer inquiries) We have had wonderful reviews from our past clients and have never received a noise complaint or complained of any kind. We have acquired licenses, paid lawyers, purchased permits, past inspections and acquired insurance policies. However our ability to operate is substantially curtailed under the present restrictions. Rather than developing our property as an R-1: one house per acre, we would like to be able to operate as a full service Banquet Hall. If we are permitted to do so, we could contribute to the critically important tax base while preserving the beauty of our undeveloped land. We strongly suspect that we are the only ones in the Ashburn area who are willing to use their property in this manner and whose property is suited for this type of use. This request is critically important for the long-term viability of our business. It will also prevent us from having to turn potential clients away, who then take their business elsewhere, which in the interest and prosperity of Loudoun County. Please vote to approve this Special Exception application. Respectfully, Ari Hennessy Owners: William J. Hennessy Jr. cell: Arezou K. Hennessy cell: Sycolin Rd. Ashburn, Va Owner/operator of Goose Creek Gardens & Pavilion, LLC AMMENDED August 2,2016 : Additional items in response to Zoning Staff comments regarding Statement of Justification: Re: MSPEX Request to increase from max. of 200 to max of 300 per event

47 1. Weather proposed minor special exception or special exception is consistent with the comprehensive plan. (with increase from max. 200 attendees to max. 300 ) Staff Comment: Defers to Community Planning GCG reply: We have had numerous requests for higher attendees. Clearly there is a public need and desire. 2. Whether the level of impact of any noise, light, glare, odor, or other emissions generated by the proposed use will negatively impact surrounding uses. (with increase from max. 200 attendees to max. 300 ) Staff Comment: Is outdoor lighting proposed? GCG reply, No, no lighting is proposed. There is existing lighting that has been in use on the property for years, but nothing additional is being proposed. Addition of 100 attendees will not alter this. We have previously had 300 attendees as a by-right facility. Staff Comment: Is noise/music proposed? GCG reply: As a wedding venue, yes, there will be music in the form of prerecorded, DJ and live performances by other vendors. All will be required to meet the standards required by [ZO and ]. Our experience is that the music noise level is not determined by the number of attendees, but rather the settings on the audio equipment (whether set to 10 or 11) 3. Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and on adjacent parcels. (with increase from max. 200 attendees to max. 300 ) GCG reply: Yes, we believe the proposed use as an event venue with the increase to a 300 attendee maximum is consistent with surrounding property present uses and futures uses:on the east side, the property that borders the subject property is under VOF easement and will remain undeveloped in perpetuity. To the North and west, the subject property is on the river (Goose Creek), and to the South, subject property is bordered by Sycolin Rd. Further, an event venue is low impact on the environment and surrounding properties. We preserve the green space and trees and this is what our clients want for their events. We are uniquely isolated from other properties. Also, due the fact that we are lower elevation and heavily treed, sound is substantially absorbed and hardy noticeable on neighboring properties. 4.Whether the proposed special exception or minor special exception adequately protects and mitigates impacts on the environmental or natural features including,

48 but not limited to, wildlife habitat, vegetation, wetlands, water quality (including ground water) air quality, topographic, scenic, archaeological or historic features, and agricultural and forestall lands. Staff Comment: Currently the Banquet/ Event Facility is proposed to be in the FOD which is not permitted. Zoning Staff defers to Community Planning regarding environmental and archaeological or historic considerations. AND (with increase from max. 200 attendees to max. 300 ) GCG reply: All Banquet Hall related items/structures have been moved from FOD area. (please see revised plan). As far as environmental and archaeological or historic considerations GCG will not alter any of these items. We value the unspoiled as do our clients AND an additional 100 attendees (making a max 300) will not change this fact. 5. Whether the proposed special exception at the specific location will contribute to or promote the welfare or convenience of the public. (with increase from max. 200 attendees to max. 300 ) Staff Comment: No Comment GCG reply: Yes, it will. We have adequate space and parking to accommodate additional attendees. And we ve had numerous requests to allow 300 attendees, so it is clear there is a public need. 6. Whether the proposed special exception can be served adequately by public utilities and services, roads, pedestrian connections and other transportation services and, in rural areas, by adequate on-site utilities. (with increase from max. 200 attendees to max. 300 ) Staff Comment: Applicant must demonstrate the modification to the regulations to increase of100 attendees can be adequately served. Zoning Staff defers to Community Planning, DTCI and/or VDOT regarding adequacy of public utilities and transportation services. GCG reply:as previously stated, we have accommodated 300 attendees in the past. We confidently assert that we can handle to increase of 100 attendees with out a negative impact to public utilities and transportation services. Also amended to include SPEX: SPEX (B) Special Events use in the Major Floodplain.

49 SPEX (E) Incidental structures, greater than 840 square feet of floor area, associated with permitted or approved special exception uses in the FOD (Major Floodplain) In this case, the temporary structure is a 5,400 sf tent. Thank you.

50 Responses to Department Questions Banquet Hall Goose Creek Gardens and Pavilion LLC SPEX and SPMI As well as: SPEX (B) Special Events use in the Major Floodplain. SPEX (E) Incidental structures, greater than 840 square feet of floor area, associated with permitted or approved special exception uses in the FOD (Major Floodplain) In this case, the temporary structure is a 5,400 sf tent Sycolin Rd Ashburn VA PIN TAX MAP /78/////////3/ ZONING R-1 Contact: Ari Hennessy Cell: Office: Attachment 5

51 Parks Recreation and Community Services Comments and Recommendations: No objection of recommendation from department comments. GCG Response: No reply necessary. Health Department Comments and Recommendations: 1) The proposed banquet facility and all its related functions must be served by public water and public sewer, as proposed. 2) The Restroom Trailer as show on the plan should is permitted as SPEX/SPMI uses. Portable restroom are for limited temporary uses only. 3) If the existing residence is to be used as part of the banquet facility, then the existing onsite sewage disposal system must be properly abandoned. A health Department permit is required. GCG Response: County Heath Dept. representative visited and inspected Goose Creek Gardens facility and recommended approved the present existing Septic and Water. He also recommended continued use of Restroom Trailer and Bottled water as is standard practice at the venue. Department of Transportation and Capital Infrastructure. Comments and Recommendations: 1. There is no indication that the current operation has had any traffic issue on Sycolin Rd based on DTCI s review of crash data published by VDOT for the years 2012,2013 and As shown on attachment 4, the only crashes reported by VDOT during this period on this segment of Sycolin Rd were west of Goose Creek. GCG Response: No reply necessary. 2. The designation of the facility as a Banquet Hall will permit up to 300 attendees at a venue. The Applicant has indicated that most major events, where 100 to 300 guests could be accommodated, would occur on weekends, and that major weekday events are rare (approximately five per year) and mostly occur on Holidays. GCG Response: No reply necessary.

52 3. Given that the applicant has been holding events at this site for many years without recorded incidents from traffic (Attachment 4), and given that the majority of the increases would be weekend occurrences, it does not appear that the applications would have a significant impact on peak weekday traffic, which is a standard traffic engineering metric by which development proposals are measured. As such, DTCI additional roadway improvements with these applications. GCG Response: No reply necessary. 4. Sycolin Road is planned per the 2010 CTP to be widened to a four lane divided (U4M) roadway (90-foot ROW) in the future, however, no date has been set for this widening, and no funding has been designated for this by the county. To accommodate this future planned widening, the Applicant should agree to provide a ROW reservation 45 feet from existing center line of Sycolin Rd (per the SPEX plat, this would amount to an additional 20 feet from the edge of the existing ROW). This ROW reservation should be made available for dedication to the County or VDOT upon request. GCG Response: This SPEX is intended to be a temporary use of our property and not a permanent alteration of use or existing R-1 zoning, further this is not a development proposal, therefore, we feel the need to reserve or dedicate additional ROW is not warranted. Department of Planning and Zoning Zoning Comments GCG Response: 1 All structures including restroom trailer, tent, ramps, etc have been moved out of FOD major floodplain. 2. As stated above, all structure, restroom trailer, and tent have been moved out of FOD major floodplain. 3. See exhibit 1X attached 4. We are not in the Quarry Overlay District. 5. Steep Slopes are denoted on Exhibit # 1X see attachment 6. R-1 Zoning setbacks are shown on Exhibit # 1X see attachment 7. Major road set backs are shown on Exhibit # 1X see attachment 8. Extent of property used does not exceed requirements, see Exhibit #1X 9. Possible future addition has been removed. See updated Plan. 10. See updated plan Re: Limit of Banquet area and Residential area 11. Hours of operation 9am to 11pm 12. The required size of Property for Banquet Hall in R-1 is 20, Hennessy property is The floor area we intend to use for the Banquet Hall is the 60 x 90 tent. Our acreage is 22 acres. 14. See Exhibit # 1X 15. Exhibit #1X shows adequate Parking spaces for 300 attendees: 100 x.33 = 99 As well as Employee parking of spaces for 8 Employees as needed

53 16. Parking and travelway. Parking always has an attendant. We limit it to one way traffic.(counter clock wise)the linier measurement is 750 feet outside for head in parking (outside measurement) and 450 linier (inside measurement ) to accommodate the required 100 spaces. 17. Existing lighting is minimal down light mounted in trees that do no have any effect on neighboring properties. 18. Sound systems are brought on by vendors who must abide by county noise ordinances. Issues for Consideration 1. Weather proposed minor special exception or special exception is consistent with the comprehensive plan Staff Comment: Defers to Community Planning GCG reply: None necessary 2. Whether the level of impact of any noise, light, flare, odor, or other emissions generated by the proposed use will negativelt impact surrounding uses. Staff Comment: Is outdoor lighting is proposed? GCG reply, No no lighting is proposed. There is existing lighting that has been in use on the property for years, but nothing additional is being proposed. Staff Comment: Is noise/music is proposed? GCG reply: As a wedding venue, yes, there will be music in the fom of prerecorded, DJ and live performances by other vendors. All will be required to meet the standards required by [ZO and (*these issues will be amended to the Statement of Justification) 3. Whether the proposed use is compatible with other existing or proposed uses in the neighborhood, and on adjacent parcels. Staff Comment: Applicant does not explain whether (as stated above) GCG reply: Yes, the proposed use as an event venue is consistent with surrounding property present uses and futures uses.: the property that borders the subject property is under VOF easement and will remain undeveloped in perpetuity. To the North and west, the subject property is on the river (Goose Creek) to the South, subject property is bordered by Sycolin Rd. Further, an event venue is low impact on the environment and surrounding properties. We preserve the green space and trees and this is what our clients want for their events.

54 4.Whether the proposed special exception or minor special exception adequately protects and mitigates impacts on the environmental or natural features including, but not limited to, wildlife habitat, vegetation, wetlands, water quality (including ground water) air quality, topographic, scenic, archaeological or historic features, and agricultural and forestall lands. Staff Comment: Currently the Banquet/ Event Facility is proposed to be in the FOD which is not permitted. Zoning Staff defers to Community Planning regarding environmental and archaeological or historic considerations. GCG reply: All Banquet Hall related items/structures have been moved from FOD area. (please see revised plan). As far as environmental and archaeological or historic considerations GCG will not alter any of these items. We value the unspoiled as do our clients. 5. Whether the proposed special exception at the specific location will contribute to or promote the welfare or convenience of the public. Staff Comment: No Comment GCG reply: Yes, it will. 6. Whether the proposed special exception can be served adequately by public utilities and services, roads, pedestrian connections and other transportation services and, in rural areas, by adequate on-site utilities. Staff Comment: Applicant states that existing road is more than adequate to accommodate the occasional traffic generated by our events. The Applicant should explain the occasional Banquet/Event Facility use of the property. Is the applicant limiting/proffering the Banquet/Event Facility use to the 60 annual events in the Statement of Justification? If so, the Applicant should clearly state such on the SPEX plat and in the Issue of Consideration statement. Zoning Staff defers to Community Planning, DTCI and/or VDOT regarding adequacy of public utilities and transportation servicec. GCG reply: Applicant believes 60 events per year is a reasonable estimate. The majority of events are expected to be weddings which occur on weekends between the month s of April thru October. Also, each event requires preparation and property maintenance. The estimate of 60 per year is a prediction not a limitation or a proffer. Ammended to also include:

55 SPEX (B) Special Events use in the Major Floodplain. SPEX (E) Incidental structures, greater than 840 square feet of floor area, associated with permitted or approved special exception uses in the FOD (Major Floodplain) In this case, the temporary structure is a 5,400 sf tent. the following standards of Section and those of Section have been met : Section (Special Exceptions in the Floodplain Overlay District) (A) The proposed use will not increase the danger to life and property due to increased flood heights or velocities. (B) The proposed use will not increase the danger that materials may be swept downstream to the injury of others. (C) The proposed water supply and sanitation systems are designed to prevent disease, contamination, and unsanitary conditions. (D) The proposed use or structure shall be located and designed to limit its susceptibility to flood damage, and available alternative locations, not subject to flooding, for the proposed use shall be considered. (E) The proposed use is compatible with existing and planned development. (F) The proposed use is in harmony with the Comprehensive Plan. (G) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site shall not cause significant damage. Section (All Special Exceptions and Minor Special Exceptions) (1) Yes, the proposed minor special exception or special exception is consistent with the Comprehensive Plan. (2) Yes, the level and impact of any noise, light, glare, odor or other emissions generated by the proposed use will not negatively impact surrounding uses.

56 (3) The proposed use is compatible with other existing or proposed uses in the neighborhood, and on adjacent parcels. (4) The proposed special exception or minor special exception adequately protects and mitigates impacts on the environmental or natural features including, but not limited to, wildlife habitat, vegetation, wetlands, water quality including groundwater), air quality, topographic, scenic, archaeological or historic features, and agricultural and forestal lands. (5) the proposed special exception at the specified location will contribute to or promote the welfare or convenience of the public. (6) Yes, the proposed special exception can be served adequately by public utilities and services, roads, pedestrian connections and other transportation

57 Attachment 6