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HomeMy WebLinkAbout11-08 BOS Staff Report - OctoberCONDITIONAL USE PERMIT #11-08 DIANA AND ANDREW HIRSHFELD Staff Report for the Board of Supervisors Prepared: October 14, 2008 ® Mark R. Cheran, Zoning Admnc ratoprStaff Contact: 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: 10/01/08 Board of Supervisors: 10/22/08 Action Approved with additional conditions Pending LOCATION: The properties are located off of Route 602 on Paddy's Run Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 80-1-9 and 80-1-10 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Vacant West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a Youth Recreation Camp. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 602, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the CUP #11-08, Diana and Andrew Hirshfeld October 14, 2008 Page 2 property. Any work performed on the State's right-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. Fire and Rescue: Plan approval recommended. Inspections Department: Structures shall comply with The Virginia Uniform Statewide Building Code and section 310, use group R (Residential) and use group S (Storage) of The International Building Code/2006. Other code that applies is ICC/ANSI A117.1-2003 Accessible and Usable buildings and Facilities. HC parking spaces shall be provided and slopes shall not be greater than 1" in 48" across the area and indicate the accessible route from the spaces to the structure including landings at the doors. All required egress doors shall connect to an accessible route or an area of exterior rescue per the IBC. Winchester Regional Airport: No comment. Sanitation Authority: We do not serve this area. Winchester -Frederick County Health Department: Please see attached letter dated July 18, 2008 from Virginia Department of Health and response letter dated July 20, 2008 from Diana and Andrew Hirshfeld. The Health Department has no other comments at this time and will anticipate an application and plan review for the campground in the near future. Preliminary Site Plan and Sewage Disposal Narrative: Please see attached narrative dated May 27, 2008, prepared by Racey Engineering, PLLC Virginia Dept. of Health: Please see attached letter dated August 7, 2008. Planning and Zoning: Campgrounds are permitted in the RA (Rural Areas) zoning district with an approved Conditional Use Permit (CUP). The zoning ordinance requires campgrounds to be subjected to additional performance standards that include: acreage, density, and setbacks. This proposed campground will be on two (2) parcels containing 22-/+ acres, to be built in two (2) phases. Phase 1 of this campground will contain the primary recreation and dining building that will sleep a maximum of 25 people (revised from 30 people per applicant request dated 10/15/08). This phase will also include the septic system, well, soccer pitch, basketball court, possibly a swimming pool, and parking area. Phase 2 of this proposed campground will include three (3) cabins with an overall capacity of 25 people (revised from 36 people per applicant request dated 10/15/08). The recreation and dining hall will not be used by campers to sleep in; and a main office will be built. An engineered site plan will be required for this use and shall be approved by Frederick County, CUP #11-08, Diana and Andrew Hirshfeld October 14, 2008 Page 3 with all improvements completed prior to operation of this use. This site plan will ensure that all of the requirements of this CUP and the Frederick County Zoning Ordinance are met. STAFF CONCLUSIONS FOR THE 10/01/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan showing all improvements, shall be submitted to and approved by Frederick County prior to operation of this use. 3. One (1) non -illuminated monument business sign shall be allowed on the property; sign shall be limited to twenty-five (25) square feet in area. The sign shall not exceed ten (10) feet in height. 4. All athletic and event facilities are for campers use only. 5. Campground limited to forty (40) people at any one time. 6. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/01/08 MEETING: Seventeen residents of Star Tannery spoke in opposition to the conditional use permit during the public comment portion of the public hearing. The following issues of concern were raised by the residents: 1) the increased traffic on Route 602 (Paddys Run Road), a narrow, winding dirt road, will impede local residents, farm equipment, and will present a safety hazard as well as dust; 2) the possibility of trespassing, vandalism, or potential litigation, if a camper is hurt on neighboring farms because of livestock, horses, or equipment; 3) the nearby shooting range used by the hunters club and the fact Star Tannery is a hunting community presents a safety issue for campers; 4) possible trespassing and vandalism on the adjacent historic Hampton Cemetery; 5) the infrastructure of Star Tannery will not be able to support large numbers of people, especially the local fire and rescue department; 6) the removal of large numbers of trees for the proposed drainfield, play fields, and structures will create a negative visual impact; 7) the possibility of contamination and depletion of ground water supplies for residents' wells; 8) late night noise will be a disturbance to local residents who rise and go to bed early; 9) the visual impact of night time security lights and night lights around soccer fields and basketball courts; 10) the loss of wildlife and the rural environment; 11) the perception that the proposed use was not a simple campground, but a CUP #11-08, Diana and Andrew Hirshfeld October 14, 2008 Page 4 youth sports complex with potential campers being recruited not only from the Washington, D.C.-Metropolitan area, but world-wide via the internet; 12) water run-off may cause flooding on adjoining properties and culverts, and the possibility of sediment flowing into Cedar Creek; 13) the owners are absentee and will continue to reside in Reston, Virginia; 14) the disruption in the peace and tranquility of the neighborhood and residents' lifestyles; and 15) the visual impact of a sports complex on adjoining properties. Mr. David Atwood, the applicant's traffic engineer, provided traffic and water usage calculations for the Commission. He noted that four three -to -four-bedroom houses could be placed on this property by right; he calculated more trips per year and greater water usage from the by -right four houses than the proposed campground. He also noted that the septic will be regulated by the local Health Department and the site plan and E&S plan will ensure that water runoff is controlled. Mr. Greg Hoffman, VDOT representative, answered questions from the Commission about traffic impacts and installing a commercial entrance on Paddy Run Road. Mr. Hoffman said commercial entrances are installed on secondary roads and the owner will be required to have site distance, correct drainage, and a commercial entrance with paving, but no curb and gutter. Commission members discussed with staff the definitions and differences between the terms sportsplex, sports camp, and campground. Commission members questioned whether the proposed use could be classified as a campground because it didn't fit with the idea or definition of a traditional campground. Other Commissioners felt that most youth campgrounds will have a basketball court, a soccer or football field, or swimming for kids to recreate while they are in a campground. It was noted that if children don't have a place to recreate, then the possibility is greater for them to get into trouble. They believed the 22 acres might be considered small, if the applicant was requesting a couple hundred campers, but this acreage could be adequate for 40 people. Commissioners were concerned about the intense negative feelings by all of the neighbors; they questioned whether the perception of the proposed use may have become more intense than what actually would occur. One Commission member said when the Planning Commission has this many neighbors at a public hearing who are in opposition to a proposed use, it usually is a good indication of what the people being represented want in their community. Another Commissioner mentioned his concern this will be an absentee owner who will not experience any potential impacts to the community and he thought it was asking much from the surrounding property owners. Another Commissioner said compatibility of the requested use is very much a focal point with a conditional use permit. The Commissioners talked about placing additional restrictions on the use to make it more palatable to the community residents. A motion was made by Commissioner Unger to recommend approval with additional conditions including ending all outdoor activities at 10:00 p.m. nightly; no recreational CUP #11-08, Diana and Andrew Hirshfeld October 14, 2008 Page 5 vehicles allowed on the premises; no operations during hunting season, which typically runs from October 1 through January 31; and no lighted athletic fields. This motion was seconded by Commissioner Manuel and was approved by a majority vote. 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan showing all improvements shall be submitted to and approved by Frederick County prior to operation of this use. 3. One non -illuminated monument business sign shall be allowed on the property; sign shall be limited to 25 square -feet in area. The sign shall not exceed ten feet in height. 4. All athletic and event facilities are for campers use only. 5. Campground shall be limited to 40 people at any one time. 6. Any expansion or modification of this use shall require approval of a new conditional use permit. 7. No organized outdoor activities after 10:00 p.m., nightly. 8. No recreational vehicles allowed on the premises. 9. No operations during hunting season, typically October 1 through January 31. 10. No lighted athletic fields. The majority vote was as follows: YES (REC. APPROVAL): Unger, Ambrogi, Manuel, Oates, Wilmot, Ours NO: Ruckman, Thomas, Triplett, Kerr, Mohn (Note: Commissioners Watt and Kriz were absent from the meeting.) CUP #11-08, Diana and Andrew Hirshfeld October 14, 2008 Page 6 S T API; UPDA TE SINCE PLANNING COMMISSION MEETING OF 10%1%08 Since the Planning Commission meeting on October 1, 2008, the applicant has requested the following modifications and an additional condition, in bold type, to this proposed campground use as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan showing all improvements shall be submitted to and approved by Frederick County prior to operation of this use. 3. One non -illuminated monument business sign shall be allowed on the property; sign shall be limited to 25 square -feet in area. The sign shall not exceed ten feet in height. 4. All athletic and event facilities are for campers use only. 5. Campground shall be limited to 25 campers and counselors at any one time. 6. Any expansion or modification of this use shall require approval of a new conditional use permit. 7. No organized outdoor activities after 10:00 p.m., nightly. 8. No recreational vehicles allowed on the premises. 9. No camp operations during firearm hunting season for the months of October 1 through January 31. 10. No lighted athletic fields. 11. Campground to be used for no more than 100 days in any calendar year. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Board may choose to adopt the _conditions proposed by the Plannink Commission or the conditions revised to address a revised application proposed by the applicant. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.