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Home My WebLink About02-12 BOS Staff ReportCONDITIONAL USE PERMIT #02-12 PIPPIN ENTERPRISES LLC Staff Report for the Board of Supervisors Prepared: May 21, 2012 Staff Contact: Mark R. Cheran, Zoning Administrator 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 Planning Commission: 05/16/12 Recommended Approval Action Board of Supervisors: 06/13/12 Pending EXECUTIVE SUMMARY: This is a request for Commercial Outdoor Recreation Use for the purpose of expanding the golf course associated with Conditional Use Permit #05-98, which is attached with Appleland Golf Course. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. No additional entrances permitted onto Route 11 or Route 649 from this site. 3. Any expansion of current facilities approved via current site plan will require a new site plan. 4. Hours of operation shall 6:00 a.m. to 11:00 p.m. 5. No additional signage allowed. 6. Lighting must be directed away from Route 11 and adjoining properties. 7. Noise shall be controlled so as not to impact adjoining properties; sound levels from the property line shall not exceed 75dba (A scale). 8. Approval of CUP #02-12 will null and void CUP #05-98. 9. Any expansion of use will require a new CUP. 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 2 CUP #02-12, Pippin Enterprises LLC May 21, 2012 LOCATION : Parcels 74-A-27 & 27A are located at 4506 Valley Pike (Route 11) and front Valley Pike. Parcel 75-A-74 fronts Springdale Road (Route 649). Parcel 75-A-75 fronts the railroad tracks. MAGISTERIAL DISTRICT : Back Creek PROPERTY ID NUMBERS : 74-A-74, 74-A-75, 75-A-27 and 75-A-27A PROPERTY ZONING & PRESENT USE : Parcels: 74-A-27 & 27A Zoned: RA (Rural Areas) Land Use: Commercial Outdoor Recreation Use/Vacant Parcels: 74-A-74 & 75 Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE : North: RA (Rural Areas) Land Use: Residential South: R-1 (Stephens City Zoning) Land Use: Vacant East: RA (Rural Areas) Land Use: Commercial Outdoor Recreation/ Business / Residential West: RA (Rural Areas) Land Use: Agricultural/Residential PROPOSED USE : Expansion of an approved commercial outdoor recreation use (CUP #05- 98) to allow additional holes for golf course. REVIEW EVALUATIONS : Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 11, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire and Rescue: Plans approved. Frederick County Fire Marshall: Plans approved. Page 3 CUP #02-12, Pippin Enterprises LLC May 21, 2012 Frederick County Inspections: No structures, no comment required. Frederick County Department of Public Works: Frederick County Sanitation Authority: FCSA has existing water & sewer facilities in the area. FCSA shall review site plan as applicable. Proposed construction should consider FCSA access and disturbance to the surface of the ground. Frederick-Winchester Health Department: No objection from Health Department as long as only 3 holes are going to be added to the existing golf course. No building structures added and no wells drilled. The minor addition of 3 holds should not impact the existing facilities (septic) in any negative way. Planning and Zoning: This proposed CUP is to expand the golf course and will include four (4) properties (74-A-27 and 27A, 74-A-74 and 75). The existing Appleland Sports Center has an approved site plan and this plan will provide for parking for the proposed expansion. The proposed CUP shall only utilize the current approved commercial entrance from Route 11. No other entrances will be utilized from Route 11 or Route 649. Any future expansion of the existing facilities will require a new site plan. A copy of the conditions of CUP #05-98 are included for your review. This current commercial outdoor recreation use (Appleland Sports Center) is operating under Conditional Use Permit (CUP) #05-98, approved by the Board of Supervisors on October 14, 1998. This CUP allowed for a par 3 golf course, concession stand, waterslide and accessory retail associated with the recreation use. Staff would note that the above- referenced properties (74-A-27 & 27A) are covered by CUP #05-98. The 2030 Comprehensive Policy Plan of Frederick County, and future comprehensive plans, provides guidance when considering any land use actions. This property is located within the Route 11 South corridor, and as noted on the Eastern Frederick County Long Range Land Use Plan, this area of the County is identified for commercial uses. It appears that this CUP meets the intent of the goals of the 2030 Comprehensive Policy Plan of Frederick County . STAFF CONCLUSIONS FOR THE 05/16/12 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 shall be complied with at all times. 2. No additional entrances permitted onto Route 11 or Route 649 from this site. 3. Any expansion of current facilities approved via current site plan will require a new site Page 4 CUP #02-12, Pippin Enterprises LLC May 21, 2012 plan. 4. Hours of operation shall be from 6:00 a.m. to 11:00 p.m. 5. No additional signage allowed. 6. Lighting must be directed away from Route 11 and adjoining properties. 7. Noise shall be controlled so as not to impact adjoining properties; sound levels from the property line shall not exceed 75dba (A scale). 8. Approval of CUP #02-12 will null and void CUP #05-98. 9. Any expansion of use will require a new CUP PLANNING COMMISSION SUMMARY AND ACTION OF THE 5/16/12 MEETING : The applicant was seeking to expand the golf course from nine holes to a 12-hole course with “par four” holes, essentially creating an “executive golf course.” The applicant wanted to expand the golf course onto property he owns which is not currently a part of Appleland. Commission members asked for clarification of Health Department comments and whether the applicant could expand beyond 12 holes. Staff replied the Health Department had no objections as long as only three holes were added and there would be no additional structures built or additional wells drilled. Staff added that if the applicant wanted to expand beyond 12 holes, the County would need to have a new review by the Health Department. A member of the Commission pointed out that this area is served by the Sanitation Authority and the applicant could acquire public water and sewer and not use the drainfield, if he desired to expand further. Commissioner members had questions about the accessory retail use, which was allowed with the permitted recreational uses under CUP #05-98, and how extensive those retail sales could become, based on the language within the staff report. Commission members also commented about the use of the term, “par three course” when the applicant stated he would be constructing “par four holes.” There were no citizen comments, either in favor or opposition to the proposed CUP. A motion was made, seconded, and unanimously passed to recommend approval of the proposed CUP, with the following conditions: 1. All review agency comments shall be complied with at all times. Page 5 CUP #02-12, Pippin Enterprises LLC May 21, 2012 2. No additional entrances permitted onto Route 11 from this site. 3. Any expansion of current facilities approved via the current site plan, will require a new site plan. 4. Hours of operation shall not exceed 11:00 p.m. 5. No additional signage allowed. 6. Lighting must be directed away from Route 11 and adjoining properties. 7. Noise shall be controlled so as not to impact adjoining properties; sound levels from the property line shall not exceed 75dba (A scale). 8. Approval of CUP #02-12 will null and void CUP #05-98. 9. Any expansion of use will require a new CUP. (Note: Commissioners Mohn and Kenney were absent from the meeting.)