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HomeMy WebLinkAbout004-15 (CUPBlueRidgeYouthSoccerAssoc)CONDITIONAL USE PERMIT #01-15 BLUE RIDGE YOUTH SOCCER ASSOCIATION Staff Report for the Board of Supervisors Prepared: June 29, 2015 Staff Contact: Candice Perkins, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/06/15 Public Hearing Held; Action Tabled for 45 days Planning Commission: 06/17/15 Recommended Approval Board of Supervisors: 07/08/15 Public Hearing Scheduled; Action Pending EXECUTIVE SUMMARY: This is a request by the Blue Ridge Youth Soccer Association for a Conditional Use Permit for a commercial outdoor recreation facility on two parcels of land that total 57.05 acres located on West Parkins Mill Road. This Conditional Use Permit would enable the construction and § 165- operation of an outdoor soccer complex on the subject properties. In accordance with 401.03 of the Frederick County Zoning Ordinance, Commercial outdoor recreation, athletic or park facilities are permitted uses in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). On June 17, 2015, the Planning Commission unanimously recommended approval of CUP #01- 15 for Blue Ridge Youth Soccer Association with conditions. Should the Board of Supervisors find this use appropriate, the Planning Commission recommended the following conditions be placed on the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.An engineered site plan shall be submitted to and approved by the Frederick County Planning Department; all site plan improvements shall be implemented prior to utilizing the facility. 3.Minimum parking shall be thirty (30) spaces per field. Access to the site shall be gated when the fields are not in use. 4.Permanent bathroom facilities shall be provided on site. 5.One permanent concessions stand shall be permitted. 6.No permanent sound or music amplification system shall be installed on the property. 7.All trash shall be removed from the fields each day the fields are in use. Page 2 CUP #01-15, Blue Ridge Youth Soccer Association June 29, 2015 8.One freestanding sign shall be permitted; this sign shal square feet in size; this sign shall be located on West Parkins Mill Road. 9.Site lighting shall conform with 165-201.07F - Lighting Standards for Recreational Facilities in all Zoning Districts (Class III facility full cutoff luminaries must be used to control spill light). All lighting shall be turned off by 10:00 p.m. 10. 11.center shall be provided along any property line that boarders a residential dwelling, where existing shall be provided along the southern and western property lines for 77-A-26. 12.Wire fencing shall be provided along parcel 77-A-26C; a gate shall also be provided to restrict access into 77-A-26C. 13.Hours of operation shall be 8:00 a.m. to 10:00 p.m. 14.The property shall only have one entrance, and that entrance shall be onto West Parkins Mill Road. There shall be no entrances onto Route 50. Emergency access that is not open to the public may be shown if approved by VDOT. 15.Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Page 3 CUP #01-15, Blue Ridge Youth Soccer Association June 29, 2015 LOCATION : This property is located east of the City of Winchester, on the west side of US Highway 50/17 at the south side of its intersection with West Parkins Mill Road (Route 644). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 77-A-26A & 77-A-26B PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential/Vacant/Institutional PROPOSED USE: This application is for an outdoor recreation, athletic or park facilities. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 644, the VDOT facility which would provide access to the property. Based on the premise that the access to the property will be via road frontage of parcel 77-A-26B and that this entrance alone will also serve parcel 77-A-26A, VDOT can support the request. Prior to operation of the facility, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work -of-way must be covered under a Land Use Permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Frederick County Fire Marshall: Plans approved. Fire and Rescue: Plans approved. Frederick County Inspections: Building shall comply with The 2012 Virginia Uniform Statewide Building Code and Section 303, A-Assembly Use Group. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities and International Energy Code 2012. Building shall comply with height and area requirements as allowed for type of construction in T503, IBC 2012. Quantity of fixtures shall comply with T2901.1. A building permit is required. The plans shall indicate the location of the structure, the accessible parking/unloading, and accessible route into the facility. Handicap parking shall comply with Page 4 CUP #01-15, Blue Ridge Youth Soccer Association June 29, 2015 ANSI A117.1- are flush with sidewalk to provide ANSI A117.1-09 required accessible route into main entrance. Winchester-Frederick County Health Department: The Frederick County Health Department cannot comment at this time. If onsite well & septic system is required, a comment cannot be issued until an AOSE packet is submitted. Planning and Zoning:§ 165-401.03 of the Frederick County Zoning In accordance with Ordinance, Commercial outdoor recreation, athletic or park facilities are permitted uses in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed use will be for a soccer complex which would be classified as commercial outdoor recreation and athletic facilities. This proposed use would be conducted on two parcels that contain a total 57 acres. This property is surrounded by residential properties that are zoned RA (Rural Areas). The proposed use and its traffic, lighting, and noise could impact the residential properties. Staff has drafted conditions in an effort to mitigate those impacts. The conditions specify site access, lighting, hours of operation, signage, restroom facilities, and buffering. One of the conditions requires the submittal and approval of an engineered site plan; this site plan would depict all improvements on the site including, but not limited to: parking (minimum double prime and seal), entrance locations, signage, landscaping, structures, and signage. PLANNING COMMISSION SUMMARY & ACTION OF THE 5/06/15 MEETING: Action Tabled for 45 Days by Majority Vote The Commissioners inquired what type of buffering or fencing will be around the property for the neighbors and what the hours and days of operation would be. Staff stated that evergreen trees were proposed for residential properties where woodlands were not present. The applicant stated that the facility would be utilized outside of school hours, evenings and weekends. The Commissioners questioned the number of parking spaces proposed. The applicant stated that there has been no engineering or site plan work done as of today and obtaining the Conditional Use Permit would allow them to move forward. He also noted the following: BRYSA has grown 29% from 2011-2014; the anticipated development would not happen for at least two years; development would be completed in phases as BRYSA raises funds to offset costs. The Commissioners were concerned with the buffering proposed and wanted a six foot tall berm also included with the landscaping. Four citizens spoke during the public hearing: Page 5 CUP #01-15, Blue Ridge Youth Soccer Association June 29, 2015 Mr. Edward Nail of 130 George Drive, Winchester, VA came forward to speak. Mr. Nail posed the following questions and concerns: will this facility be used for children or adults; lighting at night; the noise this will create; will there be wells drilled on the property and if so how many; the buffer trees are not adequate for this large of a facility; who will maintain the property; will there be any type of security; can the conditions of the Conditional Use Permit change. Mrs. Julie Boulais of 1148 West Parkins Mill Road, Winchester, VA came forward to voice her concerns. She noted her property is the five acres in the middle of this proposal. Mrs. Boulais explained her major concern is the pond on their property; she does not want it destroyed. She is also concerned with the buffering, trash, security, and lighting. Mr. Tommy Almond of 861 West Parkins Mill Road, Winchester, VA came forward and stated his concerns in regards to the traffic flow given the large number of people that is anticipated. He also noted there is not a traffic light at the intersection of Route 50 and West Parkins Mill Road and that is a concern. Mrs. Jennifer Sheehy, owner and operator of Winchester Montessori located on West Parkins Mills Road stated her concerns: extra traffic this will bring on a narrow road; buffering does not appear to be adequate; safety for all involved. Mrs. Sheehy noted she is in favor of the soccer fields but more study needs to take place before this can go through. The Commissioners required additional information on the following: Maximum number of people that could be at the facility at one time Landscaping screening addition of berms and wire securing fencing Requested the applicant to meet with the neighbors to discuss the concerns Action Tabled for 45 Days by Majority Vote Staff would note that the applicant has scheduled a meeting on June 6, 2015 with the residents to discuss their concerns; the outcomes of this meeting will be shared with the Planning Commission at the June 17, 2015 meeting. STAFF CONCLUSIONS FOR THE 06/17/15 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.An engineered site plan shall be submitted to and approved by the Frederick County Planning Department; all site plan improvements shall be implemented prior to utilizing the facility. Page 6 CUP #01-15, Blue Ridge Youth Soccer Association June 29, 2015 3.Minimum parking shall be thirty (30) spaces per field. Access to the site shall be gated when the fields are not in use. 4.Permanent bathroom facilities shall be provided on site. 5.One permanent concessions stand shall be permitted. 6.No permanent sound or music amplification system shall be installed on the property. 7.All trash shall be removed from the fields each day the fields are in use. 8.One freest square feet in size; this sign shall be located on West Parkins Mill Road. 9.Site lighting shall conform with 165-201.07F - Lighting Standards for Recreational Facilities in all Zoning Districts (Class III facility full cutoff luminaries must be used to control spill light). All lighting shall be turned off by 10:00 p.m. 10. 11.A double row of evergreen t provided along any property line that boarders a residential dwelling, where existing constructed. Th shall be provided along the southern and western property lines for 77-A-26. 12.Wire fencing shall be provided along parcel 77-A-26C; a gate shall also be provided to restrict access into 77-A-26C. 13.Hours of operation shall be 8:00 a.m. to 10:00 p.m. 14.The property shall only have one entrance, and that entrance shall be onto West Parkins Mill Road. There shall be no entrances onto Route 50. Emergency access that is not open to the public may be shown if approved by VDOT. 15.Any expansion or change of use shall require a new Conditional Use Permit. PLANNING COMMISSION SUMMARY & ACTION OF THE 6/17/15 MEETING: Action Recommended Approval Page 7 CUP #01-15, Blue Ridge Youth Soccer Association June 29, 2015 Seven citizens spoke under the public comment portion of the meeting supporting the application. Mr. Ray Lanham spoke on behalf of BRYSA. He explained after hearing the comments and concerns from the citizens at the May 6, 2015 Planning Commission meeting the organization felt a community meeting needed to be held. He noted Mr. and Mrs. Sheehy, the owners of Winchester Montessori graciously hosted the meeting on June 6, 2015. Mr. Lanham reported Nathan Laing the Commissioner of BRYSA, Jim Carden the Executive Director of Winchester United, and himself were present at the meeting along with approximately 25 community members. He explained they felt a meeting needed to be held to let the citizens know about BRYSA and what they want to do with the property. He noted most importantly they wanted addressed. Mr. Lanham stated on June 8, 2015 he and Nathan Laing met with Staff to discuss changes that needed to be made on this property. The concerns that were addressed were explained by Mr. Lanham: Security the mode of operation will be complete supervision of players and visitors at all times during practice sessions and games to be monitored by coaches, team managers, and parents; no pregame or post game loitering; no tobacco or alcohol; no trespassing signs will be posted; the property will be gated; a fence between Winchester Montessori and the BRYSA property will be installed; a swing gate installed for the parking lot of Winchester Montessori ; signs for traffic will be posted; BRYSA could potentially rent out the property and there will be a BRYSA member there at all times. Screening between 120 George Drive, will place two rows of evergreen center staggered; between 1148 W. Parkins Mill Road, will place three rows of evergreen Trash players, parents, and coaches will be responsible for clean-up and all trash will be removed daily. Lighting BRYSA will follow the ordinance which will be turned off by 10:00 p.m. Staff noted as previously reported this is a request by the Blue Ridge Youth Soccer Association for a Conditional Use Permit for a commercial outdoor recreation facility on two parcels of land that total 57 acres. Staff noted that the applicant held a meeting on June 6, 2015 with the residents to discuss their concerns. The conditions of the CUP have been updated to include security fencing along the adjacent school property and a gate for their entrance, the property will be gated when not in use, the proposed buffer has been increased to include a double row of evergreen trees instead of a single row, minimum parking standards, allowance for concession sta noted that revised conditions (specifically a revision to #10) were provided to the Commission. Following an overview of the conditions, the Commission unanimously recommended approval of CUP #01-15 for Blue Ridge Youth Soccer Association. Absent: Crockett, Mohn, Kenney Page 8 CUP #01-15, Blue Ridge Youth Soccer Association June 29, 2015 CONCLUSIONS FOR THE 7/8/2015 BOARD OF SUPERVISORS MEETING: This is a request by the Blue Ridge Youth Soccer Association for a Conditional Use Permit for a commercial outdoor recreation facility on two parcels of land that total 57.05 acres located on West Parkins Mill Road. This Conditional Use Permit would enable the construction and § 165- operation of an outdoor soccer complex on the subject properties. In accordance with 401.03 of the Frederick County Zoning Ordinance, Commercial outdoor recreation, athletic or park facilities are permitted uses in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). On June 17, 2015, the Planning Commission unanimously recommended approval of CUP #01- 15 for Blue Ridge Youth Soccer Association with conditions. Should the Board of Supervisors find this use appropriate, the Planning Commission recommended the following conditions be placed on the CUP: 1.All review agency comments and requirements shall be complied with at all times. 2.An engineered site plan shall be submitted to and approved by the Frederick County Planning Department; all site plan improvements shall be implemented prior to utilizing the facility. 3.Minimum parking shall be thirty (30) spaces per field. Access to the site shall be gated when the fields are not in use. 4.Permanent bathroom facilities shall be provided on site. 5.One permanent concessions stand shall be permitted. 6.No permanent sound or music amplification system shall be installed on the property. 7.All trash shall be removed from the fields each day the fields are in use. 8.One freestanding sign shall be permitted; this sign shall not exce square feet in size; this sign shall be located on West Parkins Mill Road. 9.Site lighting shall conform with 165-201.07F - Lighting Standards for Recreational Facilities in all Zoning Districts (Class III facility full cutoff luminaries must be used to control spill light). All lighting shall be turned off by 10:00 p.m. 10. Page 9 CUP #01-15, Blue Ridge Youth Soccer Association June 29, 2015 11.ll be provided along any property line that boarders a residential dwelling, where existing shall be provided along the southern and western property lines for 77-A-26. 12.Wire fencing shall be provided along parcel 77-A-26C; a gate shall also be provided to restrict access into 77-A-26C. 13.Hours of operation shall be 8:00 a.m. to 10:00 p.m. 14.The property shall only have one entrance, and that entrance shall be onto West Parkins Mill Road. There shall be no entrances onto Route 50. Emergency access that is not open to the public may be shown if approved by VDOT. 15.Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. 77 A 19 CUP # 01 - 15 77 A 20A Blue Ridge Youth Soccer 77 A 68 77 A 20 77 A 66 PINs: 77 - A - 26A, 77 - A - 26B 76 A 77 A 21 137D 77 A 65 Commercial Outdoor Recreation Facility 77 A 63 77 A 64 77 A 62 76 A 77 A 21A 137A 77 A 23 77 A 22 77 A 49B 77 A 49 77 A 50 77 A 24 76 A 77 A 51 77 A 26 136B ST 77 A 49A 76 A 644 136C 77 A 44 77 A 77 A 45 77 A 25 44A 77 A 26A 77 A 26C 77 A 46 77 A 43 CUP 01-15 77 A 42 77 A 48 77 A 26B 77 4 12 77 A 47 CUP 01-15 77 A 40 77 4 13 77 A 41 77 4 11 77 A 36 77 A 39 77 A 38 77 4 14 77 4 10 77 A 37 0 1 50 77 4 9 77 4 15 77 A 27 DEERFIELD 77 4 8 ESTATES Subdivision 77 A 33 77 4 17 77 4 7 Applications Parcels 77 A 35 77 4 16 Building Footprints 77 4 1 77 A 28 B1 (Business, Neighborhood District) 77 4 6 CLARKE B2 (Business, General Distrist) 77 A 31 COUNTY B3 (Business, Industrial Transition District) 77 4 5 EM (Extractive Manufacturing District) 0 1 77 4 2 50 HE (Higher Education District) 77 4 4 M1 (Industrial, Light District) Note: CUP # 01 - 15 M2 (Industrial, General District) Frederick County Dept of MH1 (Mobile Home Community District) Blue Ridge Planning & Development I MS (Medical Support District) 107 N Kent St Youth Soccer Suite 202 OM (Office - Manufacturing Park) PINs: Winchester, VA 22601 R4 (Residential Planned Community District) 77 - A - 26A, 77 - A - 26B 540 - 665 - 5651 R5 (Residential Recreational Community District) Commercial Outdoor Map Created: April 8, 2015 RA (Rural Area District)Recreation Facility Staff: cperkins RP (Residential Performance District) 03056101,220Feet 77 A 19 CUP # 01 - 15 77 A 20A Blue Ridge Youth Soccer 77 A 68 77 A 20 77 A 66 PINs: 77 - A - 26A, 77 - A - 26B 76 A 77 A 21 137D 77 A 65 Commercial Outdoor Recreation Facility 77 A 63 77 A 64 77 A 62 76 A 77 A 21A 137A 77 A 23 77 A 22 77 A 49B 77 A 49 77 A 50 77 A 24 76 A 77 A 51 77 A 26 136B ST 77 A 49A 76 A 644 136C 77 A 44 77 A 77 A 45 77 A 25 44A 77 A 26A 77 A 26C 77 A 46 77 A 43 CUP 01-15 77 A 42 77 A 48 77 A 26B 77 4 12 77 A 47 CUP 01-15 77 A 40 77 4 13 77 A 41 77 4 11 77 A 36 77 A 39 77 A 38 77 4 14 77 4 10 77 A 37 0 1 50 77 4 9 77 4 15 77 A 27 DEERFIELD 77 4 8 ESTATES Subdivision 77 A 33 77 4 17 77 4 7 77 A 35 77 4 16 77 4 1 77 A 28 77 4 6 CLARKE 77 A 31 COUNTY 77 4 5 0 1 77 4 2 50 77 4 4 Note: CUP # 01 - 15 Frederick County Dept of Blue Ridge Planning & Development I 107 N Kent St Youth Soccer Suite 202 PINs: Winchester, VA 22601 77 - A - 26A, 77 - A - 26B 540 - 665 - 5651 Applications Commercial Outdoor Map Created: April 8, 2015 Parcels Recreation Facility Staff: cperkins Building Footprints 03056101,220Feet