D1 October 14, 2015 Public Hearing

Transcription

1 D1 October 14, 2015 Public Hearing APPLICANTS: JOHN & RANDI VOGEL/ HUNT CLUB FARM PROPERTY OWNERS: A-1A, LLC, A-2, LLC, & JOHN & RANDI VOGEL STAFF PLANNER: Kevin Kemp REQUEST: Modification of the Conditions of a Modification of a Conditional Use Permit approved by the City Council on December 2, ADDRESS / DESCRIPTION: 2388, 2400, 2412 & 2416 London Bridge Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 45.5 acres AICUZ: db DNL Greater than 75 db DNL APPLICATION HISTORY: The Planning Commission deferred this application on September 9, 2015 for the purpose of providing the applicant an opportunity to meet with adjacent property owners regarding concerns with the gravel driveway. It is Staff s understanding that this issue has been resolved. BACKGROUND / DETAILS OF PROPOSAL Background / Details On December 2, 2014, the City Council approved a Modification of all seven of the previously approved Conditional Use Permits on the subject property. The purpose of this Modification was to have one set of Page 1

2 conditions that accurately addressed the entire scope of operations at Hunt Club Farm. This was necessitated due to the increase in intensity and frequency of events over the past several years. The 26 conditions approved with that application (shown on pages 6 and 7 of this report) were composed following a series of meetings and extensive input from numerous City agencies. The conditions of the 2014 approval brought the site into compliance with all applicable building codes, fire and life safety regulations, and zoning regulations. The applicant desires to expand the scope of the operation; and therefore, this Modification of Conditions application is required. There are three specific requests included with this application: (1) New Aviary in the Petting Farm- The applicant proposes to construct a 2,000 square-foot aviary within the Petting Farm. A wood-frame structure is proposed with walls constructed with a netted material. The structure will provide an area for patrons to interact with chickens, ducks, doves, parakeets and other birds. (2) Expanded operation of the Christmas Barn- The conditions approved on December 2, 2014, limit the Christmas Barn to be used for the Winter Wonderland Event between Thanksgiving and New Year s Day. The applicant desires to use the barn for events, parties, their summer camp program, and rest rooms. The proposed alteration of the Christmas Barn will change its classification per the Building Code; as such, a condition is recommended with this application that ensures the structure will have all applicable building permits prior to being occupied. Additionally, bathroom facilities will be added to the Christmas Barn. (3) Property to be added to the Use Permit- Since the previous approval by the City Council, the applicant has purchased the adjacent parcel at 2416 London Bridge Road, and now wishes to include this parcel in the scope of the Use Permit. A portion of this parcel is used to accommodate the Haunted Hayride attraction during the Halloween Event. The remainder of the parcel is used as a pasture area for the applicant s horses. There are no physical changes proposed to this parcel with this application. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Petting farm and agriculturally related recreational event venue SURROUNDING LAND USE AND ZONING: North: Equestrian facility / AG-1 Agriculture District South: London Bridge Road Single-family homes / R-20 & R-10 Residential Districts East: Single-family homes / PD-H2 (R-5D) Planned Development District West: Wooded area and single-family homes / AG-1 & AG-2 Agriculture District NATURAL RESOURCE AND CULTURAL FEATURES: A majority of the site is an undeveloped grass and wooded area. There are several structures on the site including residential dwelling units, a commercial kennel, barns, a greenhouse, and other miscellaneous accessory structures. There is a small gravel parking area located near the entrance along London Bridge Road. Page 2

3 There do not appear to be any significant natural resources associated with the site. Hunt Club Farm is a unique attribute to the City, as it provides an agriculturally based entertainment venue in an area that has largely been transformed by suburban development. Hunt Club Farm was started over 40 years ago and has continually grown in scope of operation and popularity. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship with surrounding uses. (pp. 3-1, 3-2) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge Road is a four-lane minor suburban arterial. There are currently no Capital Improvement Program projects for this section of London Bridge Road. The Master transportation Plan indicates a future right-ofway width of 100 feet containing a divided highway with bike path. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic London Bridge Road 27,592 ADT 1 28,200 ADT 1 (LOS 2 C ) 30,600 ADT 1 (LOS 2 D ) No Change is expected from the existing use. Exact ADT cannot be determined, as the size of events vary. 1 Average Daily Trips 2 LOS = Level of Service WATER: This site currently connects to City water via an existing 5/8 meter (City ID # ) and an existing 1 meter (City ID # ). There is an existing 10 City water line within London Bridge Road and an existing 8 City water line within Weybridge Drive. SEWER: This site lies within two pump station service areas, #643 and #606. This site currently uses a private force main and connects to City sewer within pump station service area #606. There is an existing 8 City gravity sanitary sewer main within Weybridge Drive. Page 3

4 EVALUATION AND RECOMMENDATION The proposed modifications to the conditions approved by the City Council on December 2, 2014, in Staff s opinion, will have a minimal impact to the existing operation of Hunt Club Farms. The proposed aviary is consistent with the activities available at the Petting Farm, and is not expected to increase the intensity of the use of the property. The other additions proposed with this application are within the existing Christmas Barn, and will only improve the operation of the facility. The use of the site will not change and remains consistent with the Comprehensive Plan s Land Use policies for the Suburban Area and with the AICUZ restrictions in Article 18 of the Zoning Ordinance. Condition 16 of the December 2, 2014 approval states, For each of the charity fundraisers and special events as conditioned in condition 15 above, the applicant shall contact all appropriate City agencies including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department. Since the approval in 2014, several events have been held at the site and Staff has had the opportunity to evaluate compliance with this condition. It is Staff s observation that the applicant has failed to notify all applicable agencies on several occasions, and Staff has subsequently received complaints, particularly from the Police Department, Fire Marshal Bureau, and Health Department. As these agencies deal directly in life safety, Condition 4 is recommended to replace Condition 16 of the 2014 approval to more specifically identify the expectations of City Staff. In sum, except as modified by any conditions listed below, the conditions of the approval on December 2, 2014 will remain in full effect. Condition number 2 of the December 2 approval will be modified to include bathroom facilities that will be located within the Christmas Barn and the proposed aviary structure. A condition will be added to specify the expanded activities that are proposed within the Christmas Barn. A condition will also be added to further specify the process of notification that the applicant will be required to complete prior to each charity fund raiser and special event. With these modified and new conditions, Staff recommends approval of this application. CONDITIONS 1. Except as modified by any of the conditions below, all conditions associated with the Modification of a Conditional Use Permit approved by the City Council on December 2, 2014 shall remain in full effect. 2. Condition number 2 of the Modification of a Conditional Use Permit approved by the City Council on December 2, 2014 shall be deleted and replaced with the following to include the addition of the aviary and restroom facilities within the Christmas Barn. The activities held on site shall operate in the locations and facilities as depicted on the submitted site plan entitled EXHIBIT, HALLOWEEN EVENT ACCESS PLAN- OVERVIEW OF FACILITIES AT HUNT CLUB FARM, MODIFICATION OF CONDITIONS, OCTOBER 14, 2015, (the Site Plan ) dated July 10, 2014 and prepared by Gallup Surveyors and Engineers, Ltd. Page 4

5 3. The structure, identified on the approved site plan as Christmas Barn shall continue to be used during the Winter Wonderland/Holiday Display as specified in Condition number 9 of the approval by the City Council on December 2, In addition, the structure shall be used in the operation of the Summer Camp and for occupancy during charity events and special events (as identified in Condition 15 of the December 2, 2104 approval). Prior to the structure being occupied for these additional uses, the applicant shall obtain a Certificate of Occupancy for the structure from the Planning Department, Permits and Inspections Division for each separate eventual use. 4. Two weeks prior to every charity event and special event, as described in Condition 15 of the approval on December 2, 2014, the applicant shall notify the following City agencies: Police Department, Fire Marshal Bureau, Commissioner of Revenue, Zoning Department, Current Planning Department, and Health Department. Notification shall be given by contacting the City of Virginia Beach, Resort Management Special Events Department. There shall be no fee or separate application process associated with this notification for the 24 events permitted per calendar year. Additionally, the applicant will appear before the Virginia Beach Special Events Task Force four times per year to inform the Task Force of all upcoming events in the coming months. [THIS CONDITION SHALL REPLACE CONDITION 16 OF THE APPROVED CONDITIONS FROM DECEMBER 2, 2104] 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 5

6 Conditions of December 2, 2014 Modification to a Conditional Use Permit 1. All conditions attached to the Conditional Use Permits granted by City Council on October 22, 1991, May 23, 2000, November 9, 2004, July 8, 2008, and subsequent Modification of Conditions granted on November 14, 2006 and October 23, 2007, are hereby deleted and superseded by the following conditions. 2. The activities held on the site shall operate in the locations and facilities as depicted on the submitted site plan entitled EXHIBIT, HALLOWEEN EVENT ACCESS PLAN, (the Site Plan ) dated July 10, 2014 and prepared by Gallup Surveyors and Engineers, Ltd. [REQUESTED FOR MODIFCATION TO INCLUDE NEW AVIARY & RESTROOM FACILITIES IN CHRISTMAS BARN ] 3. The Petting Farm hours of operation shall be 8:00 a.m. to sunset. The sale of petting farm admission, animal feed, and other agriculturally related products shall be permitted in the adjacent shed building, identified as Barn on the submitted site plan. 4. The Farm Market hours of operation shall be 7:00 a.m. to 8:00 p.m., with the following exceptions. During the Halloween Event, the Farm Market hours of operation shall be 7:00 a.m. to 11:00 p.m. During the Winter Wonderland Event, the Farm Market hours of operation shall be 7:00 a.m. to 9:00 p.m. Items sold at the Farm Market shall be those included in the Background / Details of Proposal section of this report. 5. The Halloween Event shall be in operation from the last week in September through the first week in November. The event shall be limited to a maximum of 25 nights. The hours of operation shall be 6:30 p.m. to 11:30 p.m., and ticket sales shall stop at 10:00 p.m. The activities included with this Event shall be as described above in the Background / Details of Proposal section of this report. 6. The Fire Prevention Bureau shall inspect the site and all areas and structures associated with the Halloween Event each year, prior to the Event beginning on October 1 st. 7. The Fall Harvest Fair shall be in operation from the last week in September through the first week of November. The hours of operation shall be 9:00 a.m. to 6:00 p.m. The activities included with this Event shall be as described above in the Background / Details of Proposal section of this report. 8. The Annual Children s Fall Harvest Party shall be held each year on the next to last Sunday in October. The hours of operation shall be 11:00 a.m. to 4:00 p.m. The activities included with this Event shall be as described above in the Background / Details of Proposal section of this report. 9. The Winter Wonderland/ Holiday Display shall be in operation between Thanksgiving and December 31 st. The hours of operation shall be 9:00 a.m. to 9:00 p.m. The activities included with this Event shall be as described above in the Background / Details of Proposal section of this report. The holiday display shall be located in the barn identified as Christmas Barn on the submitted site plan. The applicant shall contact the Planning Department, Permits & Inspections Division and the Fire Marshal Bureau to ensure the barn complies with all applicable life safety and building code requirements. 10. The Easter Egg Hunt shall be held each year on the Saturday and Sunday of Easter weekend. The hours of operation shall be 9:00 a.m. to 6:00 p.m. The activities included with this Event shall be as described above in the Background / Details of Proposal section of this report. Page 6

7 11. The Summer Fun Camp shall be in operation from June through August. The hours of operation shall be 9:00 a.m. to 5:00 p.m. The activities included with this Event shall be as described above in the Background / Details of Proposal section of this report. 12. The Farm Tours and Field trips shall be operated as described in the Background / Details of Proposal section of this report. No more than 250 people shall be scheduled to arrive within a 30 minute period. 13. The activities and operation included with the birthday parties held on site shall be as described in the Background / Details of Proposal section of this report. 14. Company, family and military picnics shall be held between March and December. The picnics shall be limited to Sunday through Thursday, from 10:00 a.m. to 11:00 p.m. and Friday and Saturday, from 10:00 a.m. to 11:00 p.m. The activities included with the picnics shall be as described above in the Background / Details of Proposal section of this report. 15. Charity fundraisers and Special Events shall be limited to no more than 24 events, other than those specified with this Use Permit, per year. These events shall be limited to Sunday through Thursday, 10:00 a.m. to 9:00 p.m., and Friday and Saturday, 10:00 a.m. to 11:00 p.m. The activities included with these events shall be as described above in the Background / Details of Proposal section of this report. 16. For each of the charity fundraisers and special events as conditioned in condition 15 above, the applicant shall contact all appropriate City agencies including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department. [REQUESTED TO BE REPLACED WITH CONDITION 4 OF THIS APPLICATION] 17. Traffic and parking management during events generated a high volume of traffic, including but not limited to the Halloween Event, Winter Wonderland Event and Easter Egg Hunt, shall operate as depicted on the submitted Site Plan and as detailed in the Traffic Management portion of the Evaluation and Recommendation section of this report. 18. A certified Police Officer and certified traffic monitors shall assist with traffic control during events that generate high volumes of traffic, including but not limited to the Halloween Event, Winter Wonderland Event and Easter Egg Hunt, and events that use the additional overflow parking area as shown on the submitted site plan. 19. Two handicap spaces shall be provided in the gravel parking area adjacent to the Farm market, as per the submitted site plan. These spaces shall comply with all ADA requirements. 20. The temporary curb cut to London Bridge Road shall be restricted to passenger vehicles only and shall meet ADA requirements. The temporary curb cut shall be egress only and shall be limited to a right-out onto London Bridge Road. 21. A legal agreement shall be maintained with the owner of the adjacent property (GPIN# ), for the use of the property as Additional Overflow Parking. 22. All structures used to accommodate events or where people congregate, including the Barn, Farm Market, Village of the Dead, Camp Clubhouse, Greenhouse and Christmas Barn, shall obtain all required permits from the Planning Department, Permits and Inspections Division, and the Fire Marshal Bureau. These City agencies shall be consulted to determine the permits that are required. Page 7

8 23. All required permits, certificates of occupancy and improvements necessary to comply with the building code, as detailed in the Building Code portion of the Evaluation and Recommendation section of this report, shall be obtained/completed by the applicant. The applicant shall acquire all necessary permits and certificates of occupancy from the Planning Department, Permits and Inspections Division. The Permits and Inspections Division shall verify compliance with the building code upon completion of required work or when a permit is ready to be finaled. 24. An Operations Plan shall be drafted and established for the overall operation of Hunt Club Farm, as well as more detailed operation plans for each of the facilities used on site. A copy of the plan shall be submitted to the Planning Director and the Fire Marshal Bureau. 25. The applicant shall comply with all life and fire safety measures as detailed in the Life Safety portion of the Evaluation and Recommendation section of this report. The applicant shall verify compliance with the Fire Prevention Bureau. 26. There shall be no weddings or Change of Command ceremonies held on the site. Page 8

9 AERIAL OF SITE LOCATION Page 9

10 PROPOSED SITE LAYOUT Page 10

11 1 APPLICATION TYPES CUP = Conditional Use Permit REZ = Rezoning CRZ = Conditional Rezoning MOD = Modification of Conditions or Proffers NON = Nonconforming Use STC = Street Closure FVR = Floodplain Variance ALT = Alternative Compliance SVR = Subdivision Variance # DATE REQUEST ACTION 1 12/02/2014 MOD (Modification of CUPs granted on 10/22/1991, 05/23/2000, 11/09/2004, 04/12/2005, 11/14/2006, 10/23/2007 & 07/08/2008) Approved 07/08/2008 CUP (Indoor and Outdoor Recreation Facility) Approved 11/14/2006 MOD (Modification of CUP granted 10/11/2006) Approved 04/12/2005 SVR Approved 11/09/2004 CUP (Outdoor Recreation Facility) Approved 05/23/2000 CUP (Outdoor Recreation Facility) Approved 04/14/1992 CRZ (AG-2 to Conditional B-2) Approved 10/22/1991 CUP (Outdoor Recreation Facility) Approved ZONING HISTORY Page 11

12 10/05/2015- KK DISCLOSURE STATEMENT Page 12

13 DISCLOSURE STATEMENT Page 13

14 DISCLOSURE STATEMENT Page 14

15 DISCLOSURE STATEMENT Page 15

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