Request Conditional Use Permit (Forestry) Staff Planner Kevin Kemp

Transcription

1 Applicant Property Owner City of Virginia Beach Public Hearing July 13, 2016 City Council Election District Beach Agenda Item 7 Request Conditional Use Permit (Forestry) Staff Planner Kevin Kemp Location 1181 Prosperity Road GPIN Site Size 69 acres (leased area) AICUZ Greater than 75 db DNL Existing Land Use and Zoning District Wooded Lot, proposed campsites / P-1 Preservation Surrounding Land Uses and Zoning Districts North Birdneck Road Wooded area & military base / P-1 Preservation South Wooded area & campground / P-1 Preservation & AG-2 Agricultural East Prosperity Road Military housing & golf course / I-2 Industrial & P-1 Preservation West Single-family dwellings / R-5D Residential Page 1

2 Background and Summary of Proposal The subject site is a 132-acre parcel owned by the City of Virginia Beach. o o o In 1993, the General Assembly passed a bill allowing the conveyance of the subject property to the City of Virginia Beach for municipal recreational purposes. In 2002, the General Assembly passed a bill expanding the scope to include entering into a public-private partnership for improvements to any golf course located on or adjacent to such tracts. In 2013, General Assembly passed a bill that further expanded the potential purpose to include public-private partnerships with nonprofit entities that provide services for the benefit of veterans and disabled persons. The City issued a Request for Proposals for lease of the site and received one proposal during the April 23, 2013 City Council Hearing. On May 28, 2013, the City awarded a 40-year lease of 69-acres of the subject parcel to the applicant. Included in the terms of the lease is the following: Use restricted to day-use adventure camp and park for persons with special needs or disabilities, wounded veterans, and families of fallen heroes (together with certain accessory uses related and subordinate thereto). Programs and activities may include (but not limited to) swimming, fishing, wakeboarding, canoeing, ropes course, and field activities. Such programs and activities may change over the years due to opportunities offered by medical and technological advancements. No overnight stays, camping events, etc. will be allowed on the Premises, and Leasee must comply with all deed restrictions. On August 13, 2013, a Conditional Use Permit for an Outdoor Recreational Facility was granted by City Council for the subject site. The physical development of the camp area as shown on the approved site plan included: a lake, aquatic center/swimming pools/splash park, ropes course, wellness center, gymnatorium, cafeteria, tiki café, all-purpose field, trails and parking area. The area of the site included in this Conditional Use Permit request for Forestry was shown on the submitted plan and identified as, Future Expansion Area Subject to CUP Review. The applicant noted that this was Phase II development, and would require a modification of the initial Use Permit. The trees were removed from this area as a preparatory measure for the Phase II development. The area included in this Use Permit that has been cleared of trees is an irregularly shaped area in the center of the leased portion of the site. The shape is defined by the edge of non-tidal wetlands located on the site. According to the submitted plan, the area cleared is classified as Existing non-wetlands. On March 16, 2016, Briarwood Forest Products Inc. obtained a logging permit from the Planning Department, Permits and Inspections Division. According to the application, approximately six-acres of trees were cleared. The City was contacted by a concerned citizen regarding the tree clearing. It was determined that the tree clearing activity required a Conditional Use Permit, as the site is located within the P-1 Preservation District. Section 301 (a2) of the Zoning Ordinance requires that written notification be provided to the Zoning Administrator for approval, which was not received by City Staff. The applicant was informed of the requirement of a Use Permit, work on the site was ceased, and an application was filed. Page 2

3 On March 30, 2016, the Army Corp of Engineers visited the site and confirmed that all the logging activity was outside of designated wetlands, and there was no violation to their regulations. On June 22, 2016, the Department of Environmental Quality visited the site in response to a citizen complaint. The DEQ determined the activity that had taken place as silviculture, and that the underbrush was not disturbed. No violation was reported. This request is for a Conditional Use Permit for Forestry. Prior to the development of Phase II of the project, the applicant will need to return before Virginia Beach City Council for a Modification of the Previous Use Permit Zoning History # Request 1 CUP (Outdoor Recreational facility) Approved 08/13/ CUP (Fuel Sales) Approved 11/12/ CRZ (B-2 to Conditional A-24) Approved 01/08/1997 CUP (Miniature Golf) Approved 11/12/ CRZ (R-5D to B-1A) Approved 04/12/1994 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan does not designate a future planned use for this parcel other than military installation. The parcel is situated directly north of the Suburban Focus Area (SFA) 4.1 General Booth Campgrounds, and also adjacent to the east by an area designated as the Suburban Area. The proposed use outdoor recreational use is consistent with the land use recommendations for the adjacent SFA 4.1 in the Comprehensive Plan as outdoor recreation is one of several identified preferred land uses for the property directly adjacent to the south. Natural and Cultural Resources Impacts A majority of this site is heavily wooded with a variety of trees and a layer of undergrowth. The site has been disturbed in the past, as the property was once part of the Camp Pendleton Military Reservation. As a result, in addition to natural water features, there are a series of man-made drainage features on the site. There are also non-tidal wetlands on the property. None of the area that has been forested is within any designated wetlands. Page 3

4 Evaluation and Recommendation This request for a Conditional Use Permit for Forestry of an approximately six-acre portion of the subject site is associated with the Phase II development of an Outdoor Recreational Facility, specifically for persons with special needs or disabilities, wounded veterans, and families of fallen heroes. The applicant did not clear any area outside of the area specifically designated as Future Development on site plan approved with the original Conditional Use Permit. Additionally, as verified by the Army Corp of Engineers, no clearing has been done in an area designated as non-tidal wetlands. The area of the site that has been cleared maintains the required buffer to the adjacent residential neighborhood. To this point, trees and vegetation have been removed from the site; however, the underbrush has not been cleared. The applicant will obtain all necessary permits, including but not limited to Erosion and Sediment Control plan review, prior to the underbrush being cleared. Future development of this portion of the site for an Outdoor Recreational use is consistent with the Land Use recommendations of the Comprehensive Plan for this site, adjacent to a campground and other recreational uses. As such, Staff recommends approval of this application as conditioned below. Recommended Conditions 1. Only area identified as Future Expansion Area Subject to CUP Review & Approval on the submitted site plan entitled, CONCEPTUAL MASTER PLAN JT S CAMP GROM, VIRGINIA GENTLEMEN FOUNDATION, VIRGINIA BEACH VIRGINA, dated June 21, 2013 and prepared by WPL and Clark Nexsen Architecture and Engineering shall be included in this Conditional Use Permit. Said plan has been displayed to City Council and is on file with the Planning and Community Development Department. 2. An application to City Council for consideration shall be submitted, reviewed and acted upon prior to the commencement of Phase II of the proposed development. Phase II shall include the area identified as Future Expansion Area Subject to CUP Review & Approval, on the submitted site plan. 3. All necessary permits required for the completion of the clearing of the area included in this Conditional Use Permit request shall be obtained. 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 Site Layout approved 8/13/2013 Page 5

6 Phase I- Approved 8/13/2013 Page 6

7 Phase I- Currently under construction Page 7

8 Proposed Site Plan with Area cleared Page 8

9 Area included in this CUP request Page 9

10 Site Photos Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14

15 Disclosure Statement Page 15

16 Disclosure Statement Page 16

17 Disclosure Statement Page 17