13 November 12, 2014 Public Hearing

Transcription

1 13 November 12, 2014 Public Hearing APPLICANT: RAVE SOCCER COMPLEX, LLC PROPERTY OWNER: RAVE SOCCER COMPLEX, LLC STAFF PLANNER: Graham Owen REQUEST: Modification of a Conditional Use Permit Outdoor Recreation Facility ADDRESS / DESCRIPTION: 2949 Shipps Corner Road GPIN: ELECTION DISTRICT: ROSE HALL SITE SIZE: acres AICUZ: Western end of this parcel is 70 to 75 db DNL but the majority of the property is Greater than 75 db DNL. Most of the property is within APZ 1 and 2. BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a modification to a conditional use permit for a recreation facility of an outdoor nature issued March 23, 2004 and modified August 5, 2005, September 8, 2009, and September 14, The most recent modification has 8 conditions, which are listed below. The applicant proposes to modify Conditions 7 and 8 to allow for the completion of a 15 x 100 building addition to an existing indoor soccer facility, post facto approval of a 17 x 45 outdoor deck, post facto approval of a second floor addition to an existing 2-story building, and post facto approval for 3 existing storage sheds. Conditions 7 and 8 require substantial adherence to the site plan and building elevations submitted with the most recently approved modification respectively. This application for a modification was originally submitted in August 2013, and due to a number of violations on the property the applicant was informed that a site Page 1

2 plan depicting existing conditions on the site, as well as measures to be taken to correct these violations, would be required prior to the submission of any subsequent modifications. The site plan has been submitted with this request for a modification. September 10, 2010 Conditions: (Bolded conditions are complete and no longer applicable) 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement Plan CIP and as called for the Master Transportation Plan. 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. 5. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights facing Shipps Corner Road and must remain in place. The four poles of designated field lights facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one pole of field lights facing Shipps Corner Road in the last row closest to the South and East property lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from the South property line on the Eastern end of the property as labeled on the site layout. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. Outdoor parking lot lighting shall be no higher than twenty-five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6. Restrooms in the First Aid Building shall be developed in substantial conformance with the submitted plan entitled New Building Shipps Corner Road Virginia Beach Virginia prepared by Kelly Jean Olt, dated March 10, The indoor Soccer facility shall be developed in substantial conformance with the submitted plan entitled Conditional Use Exhibit for Shipps Corner Soccer Complex #2949 Shipps Corner Road, Virginia Beach, Virginia prepared by WPL Landscape Architects, Land Surveyors, Engineers dated June 29, The indoor facility shall be developed in substantial conformance with the submitted rendering entitled RAVE SOCCER COMPLEX LLC. Details Building Addition - The applicant is proposing to construct a 100 x 15 addition to the existing indoor soccer complex on the site to house restrooms, a goal storage room, and a concession area. Work on this building addition began over a year ago without the required modification to the conditional use Page 2

3 permit or building permit, and the applicant was informed that a full site plan depicting the existing conditions on the site would be required prior to the modification application being processed. This site plan was approved April 14, Second Floor Addition - The site plan depicts an existing 2-story building on the site that was approved as a 1-story building. Given this discrepancy, the applicant has requested that this second story be included with this modification request in order to apply for a building permit. Sheds The site plan depicts two 14 x 14.1 sheds along the southern property line that were never approved through the original conditional use permit or subsequent modification. These sheds are currently located within a 35 drainage easement that runs along the southern property line, and the site plan states that they will be relocated to a location immediately outside of this easement. Also, the plan shows an existing metal storage container in the southwest corner of the parcel that was not included in the use permit or any subsequent modification. The site plan depicts that this container will be reduced in size from unknown dimensions to 30.6 x 20.5, and relocated out of a 120 VEPCO right of way along the western property line. The applicant has requested that this container, and its relocation, be included with this modification request. Wood Deck The site plan shows a 17 x 45 wood deck abutting the eastern wall of the indoor soccer facility. This deck was not included in the use permit or any subsequent modification, and the applicant has requested that the deck be included with this modification. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Outdoor Recreation Facility / AG-1 Agricultural District SURROUNDING LAND USE AND ZONING: North: Single Family Homes / A-12 Apartment District Shipps Corner Road South: Woods / I-1 Industrial and AG-1 Agricultural Districts East: Woods and West Neck Creek / AG-2 Agricultural District West: Moose Lodge / AG-1 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The eastern end of the property is wooded and contains wetlands within the Southern Watersheds Management Area. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being within the Suburban Area and, more specifically, within Special Economic Growth Area 3 (SEGA 3), South Oceana. The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential, targeting land uses compatible with the military uses (p. 3-5). The City supports development of and redevelopment of SEGAs consistent with AICUZ provisions and the City s economic growth strategy. Page 3

4 SEGA 3 is a large hourglass shaped tract of land encompassing properties on both sides of Dam Neck Road between Holland Road and Corporate Landing Parkway. In the western part of this area, between Drakesmile Road and Holland Road, there are considerable environmental constraints. To varying degrees, portions of this area are impacted by high noise zones, accident potential zones and Navy restrictive easements. Floodplain and other environmental constraints affect the western region of this area south of Dam Neck Road. Comprehensive Plan policies for SEGA 3, relevant to the subject property and this conditional rezoning and use permit request, are: The western region of this area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. All proposed land uses in this area must align with the City s AICUZ provisions and the Ocean Land Use Conformity Program. The subject property is partially located within APZ-1. It also lies within the Southern Watershed Management Area Overlay District and, as such, would be subject to all site development regulations associated with such as the time of site plan review. PERMITS AND INSPECTIONS: Page C-2.0 The plan indicates the front building is Ex. 2-story brick and frame with stucco siding. The CUP and subsequent building permits approved a one story bathroom/first aid building. It is my understanding that the second floor is now a meeting room and should be address as part of this CUP request. If approved, revised building plans and permits will be required for the second floor construction. Page C-3.0 The plan indicates the removal of the building addition foundation. However, the owner has indicated his intentions to complete the 15 x 100 bathroom addition, which was started without any approvals or permits. The parking lot needs to be completed in accordance with the originally approved site plan. As the wood deck was never permitted, if approved as part of the CUP, a permit will now be required. If approved, building permits will be required for the construction/relocation of the 3 sheds shown on the site plan. As is currently in place, no occupancy and use of the indoor soccer field will be allowed until all work and inspections associated with the CUP and associated permits are completed and approved. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN / CAPITAL IMPROVEMENT PROGRAM: This application should have no traffic impact and Traffic Engineering has no comments. However, the site is adjacent to CIP Project # Shipps Corner Road Improvements which may require rightof-way from the site. WATER: This site is already connected to City water. The existing 1 inch meter (City ID # ) may be used or upgraded to accommodate the proposed development. The site is already connected to City sewer via Raven Avenue. Sewer and pump station analysis for pump station #550 is required to Page 4

5 determine if future flows can be accommodated. Water and sanitary sewer service must be verified and improved if necessary so that the new buildings will have adequate water pressure, fire protection and sanitary sewer service. EVALUATION AND RECOMMENDATION This request for a modification of a conditional use permit to allow the construction of a building addition, post facto approval of a wood deck, post facto approval of three sheds, and post facto approval of a second floor on an existing building is acceptable. The applicant has worked with the Development Services Center and Permits & Inspections on a number of issues related to the indoor soccer facility and drainage for the outdoor soccer fields, and this modification would authorize a number of improvements that have been made without permits over the years. If approved, this modification would authorize the applicant to apply for the necessary building permits, thereby ensuring that the work has been done safely and in accordance with all relevant building codes. Given these considerations, staff recommends approval of this request with the conditions below. CONDITIONS 1. The facility shall be used for indoor and outdoor recreation only. No assembly uses shall be permitted on the site. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights facing Shipps Corner Road and must remain in place. The four poles of designated field lights facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one pole of field lights facing Shipps Corner Road in the last row closest to the South and East property lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from the South property line on the Eastern end of the property as labeled on the site layout. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. Outdoor parking lot lighting shall be no higher than twenty-five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 4. The soccer facility shall be developed in substantial conformance with the submitted plan package entitled Shipps Corner Soccer Complex at 2949 Shipps Corner Road, Virginia Beach, Virginia prepared by WPL and dated March 31, 2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The existing stormwater management facility may remain in its current location if approved by The Department Page 5

6 of Public Works and the Department of Planning/Environment and Sustainability Office (Southern Watershed Management Ordinance compliance). 5. The indoor facility building addition shall be developed in substantial conformance with the submitted rendering entitled RAVE SOCCER COMPLEX INDOOR FACILITY, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 6. The applicant shall obtain all necessary permits from the Permits & Inspections Office. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 6

7 AERIAL OF SITE LOCATION Page 7

8 PROPOSED SITE PLAN Page 8

9 PROPOSED BUILDING ADDITION ELEVATION Page 9

10 EXISTING BUILDING ADDITION (PARTIALLY CONSTRUCTED) Page 10

11 EXISTING WOOD DECK (17 x 45 ) Page 11

12 EXISTING 2-STORY BUILDING Page 12

13 EXISTING SHED Page 13

14 ZONING HISTORY # DATE REQUEST ACTION 1 09/14/ /08/ /09/ /23/ /14/ /25/ /28/ /23/1990 Modification of a Conditional Use Permit Outdoor Recreation Modification of a Conditional Use Permit Outdoor Recreation Modification of a Conditional Use Permit Outdoor Recreation Conditional Use Permit Outdoor Recreation Conditional Use Permit Church Conditional Use Permit Golf Driving Range Change of Zoning I-1 Industrial to AG-1 Agricultural Conditional Change of Zoning AG-2 Agricultural to I-1 Industrial Denied 2 09/09/ /02/ /02/2003 Modification of Proffers Change of Zoning from AG-1 Agricultural to Conditional B-2 Community Business District Conditional Use Permit Car Wash Conditional Change of Zoning from AG-1 Agricultural to Conditional B-2 Community Business District *Continued on next sheet* 3 08/10/2004 Conditional Change of Zoning R5D Residential to Conditional I-1 Industrial, I-2 Industrial, and P-1 Preservation Districts Page 14

15 07/01/2001 Conditional Change of Zoning R5D Residential to Conditional I-1 Industrial 4 12/02/2003 Conditional Change of Zoning AG-1 Agricultural to Conditional I-1 Industrial District 5 10/14/2003 Modification of a Conditional Use Permit Church 10/29/2002 Conditional Use Permit Church 6 06/25/2002 Conditional Use Permit Lodge for Fraternal Organization 09/14/2001 Change of Zoning AG-1 Agricultural to A-12 Apartment with PD-H2 Overlay Denied 7 10/24/2000 Conditional Use Permit Church 8 02/01/2000 Modification of Proffers- Conditional Change of Zoning AG-1 and AG-2 to I-1 Industrial District Page 15

16 DISCLOSURE STATEMENT Page 16

17 DISCLOSURE STATEMENT Page 17