10 June 8, 2011 Public Hearing

Transcription

1 10 June 8, 2011 Public Hearing APPLICANT / PROPERTY OWNER: BRADFORD W. HARRELL STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (Outdoor Recreation Facility skateboard ramp) ADDRESS / DESCRIPTION: 3217 Little Island Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 15,000 square feet AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a skateboard ramp for personal use on this residentially zoned property. The ramp is currently located behind an existing detached garage, approximately 6 feet from the side property line. The applicant was unaware of the need for a Conditional Use Permit until notified by a building inspector. No complaints or opposition have been made concerning the existence of the ramp. The required side yard setback by the Zoning Ordinance for accessory structures above 150 square feet is 10 feet. The size of the ramp is 8 feet by 22 feet, totaling 176 square feet. Atypical of most of the skateboard ramps that have come before the Planning Commission, the height is only 26 inches high with an additional 10 inch railing, resulting in a total height of 3 feet. To aid with soundproofing, the ramp is fully enclosed and constructed with 3 layers of ½ inch plywood and sheathing. The applicant has met with adjacent property owners, explaining the need for the Conditional Use Permit and has supplied Staff with a petition of support. The applicant has indicated that the ramp is for him and his 5 year old daughter s use. The hours of use are proposed as 10:00 a.m. to dusk. The ramp will remain locked when not in use by the applicant. Children under the age of 18 will be required by the applicant to wear a helmet. Page 1

2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: single family dwelling, detached garage, skateboard ramp SURROUNDING LAND USE AND ZONING: North: Single family dwellings / R-15 Residential District South: Vacant lot / R-15 Residential District East: Little Island Road City pump station Single family dwellings / R-15 Residential District West: Back Bay NATURAL RESOURCE AND CULTURAL FEATURES: This waterfront property is located within the Southern Watersheds Management Area. The shoreline is hardened with riprap materials. The property is encumbered by the 50 foot SWMA buffer. As the lot was recorded prior to March 24, 1992, the activity is exempt from the performance standards of the SWMA Ordinance. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as being located in the Suburban Focus Area: Sandbridge Community. Sandbridge is located on a barrier island between the Atlantic Ocean and Back Bay that extends from the Navy s Dam Neck Fleet Combat Training Base on the north to False Cape State Park to the south. The Community is a stable, low density, single family community with about 1,200 units. Many of these residences are typically rented to visitors who prefer a slower, quieter atmosphere than that experienced at the Oceanfront Resort Area. It is the policy of the City to retain the existing, low-density neighborhood character of the Sandbridge community. There is no significant impact on City services from this use. CITY SERVICES POLICE: The Police Department notes that residential ramps of this nature can become a nuisance and result in increased calls primarily due to noise. Rules for use of the ramp, strict supervision of use of the ramp, and control of access to the ramp are necessary to avoid the ramp becoming such a nuisance. EVALUATION AND RECOMMENDATION Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming Page 2

3 pools, basketball goals, etc.), skateboard ramps have the potential to become nuisances to surrounding residents, especially in regard to sound that emanates from the facility, such as the sound of skateboard wheels rolling across the plywood surface of the ramp or the continuous bouncing of a ball or the sound of voices at play. Such sound is normal and is expected in residential neighborhoods. The problems arise when the sound occurs outside the hours of the day expected for such sound, the sound increases beyond the level normally expected, or the sound includes language that is not considered appropriate. When this occurs, the sound becomes noise. Such noise, especially if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace within the neighborhood. Further, of all recreational equipment and facilities in residential areas, it is the skateboard ramp that, due to the nature of rolling wheels on the riding surface and the size of the ramp, has the potential to create the greatest nuisance, thus, the requirement for a Conditional Use Permit. To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from destabilizing influences is met, it is vital that a proposal for a skateboard provides safeguards designed to significantly avoid the potential for the facility to become a nuisance to the surrounding residents and thus, to the neighborhood. To accomplish this, the applicant visited with the adjacent residents and explained the proposed self-imposed conditions to the residents. The recommended conditions below, including annual review by the Zoning Administrator, further ensure that the sound from and activity at the ramp will not become noise and an intrusion on the surrounding residents. Staff concludes that with the recommended conditions the ramp will not become a destabilizing influence in the neighborhood and recommends approval of this request. CONDITIONS 1. The skateboard ramp shall be relocated to meet required setback for accessory structures as set forth in the City of Virginia s Zoning Ordinance but shall be located in the general vicinity of that depicted on the plan entitled, Lot 10-A, Section 4, Back Bay Meadows, dated November 4, 1999, prepared by Phil M. Bonifant. 2. Use of the ramp shall be limited to the hours between 9:00 a.m. and dusk. 3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in the construction or reconstruction of the ramp: (a) the underside of the plywood beneath the skating surface shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall be installed between the plywood and the skating surface of the ramp. 4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 5. At least one adult shall be outside the house and present when the ramp is in use. 6. The Zoning Administrator shall annually review the application. If during the review, the Zoning Administrator determines that the rules have not been followed, the Conditional Use Permit may be referred back to City Council for revocation. Page 3

4 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 4

5 AERIAL OF SITE LOCATION Page 5

6 PROPOSED SITE PLAN Page 6

7 SKATEBOARD RAMP ELEVATION Page 7

8 No Zoning History to Report ZONING HISTORY Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10