10 July 8, 2015 Public Hearing

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1 10 July 8, 2015 Public Hearing APPLICANT & PROPERTY OWNER: OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. REQUEST: Conditional Use Permit (Recreational Resort Community) ADDRESS / DESCRIPTION: 3665 Sandpiper Road STAFF PLANNERS: Karen Lasley & Stephen J. White GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background Outdoor Resorts was approved on May 7, 1966 as a campground with 250 sites. The conditional use permit was modified in 1996 to allow 25 individual boat docks. In 2000, an additional 50 boat docks were added for a total of 75. Forty boat lifts were approved through a conditional use permit modification in Soon after the campground opened in the 1960 s, management began to rent sites for an entire year, providing renters the convenience of leaving their trailers in place. At a later date, campground sites were sold individually as condominium parcels. Condominium owners began to make permanent improvements and many of the existing camp sites now have recreational vehicles including park model trailers, decks and awnings that are permanently in place. The Outdoor Resorts property is located within the floodplain and the City is working with property owners to bring the development into compliance with the City Floodplain Ordinance. This effort is the result of a Community Assistance Visit by the Federal Emergency Management Agency (FEMA) which identified Page 1

2 deficiencies in the City s Floodplain Management Program that need to be corrected, including enforcement in campgrounds and mobile home parks. In order to be compliant for Floodplain regulations each unit must meet one of the following options: Option 1 a recreational vehicle can be in place no longer than 180 days per year; it must be fully licensed and ready for highway use; attached to the site only by quick disconnect utilities and security devices and has no permanently attached additions. Option 2 the unit must meet requirements for Manufactured Homes to include permanent foundation and anchoring; elevated to base flood level; enclosures below base flood elevation must use flexible skirting or flood resistant materials that are properly vented. The Zoning Ordinance defines a campground as, Premises where spaces are offered for occupancy for relatively short periods by portable recreational housing, including any land, building, structure or facility on such premises used by occupants of such portable recreational housing. Because Outdoor Resorts is technically zoned only for campground use, permits for permanent structures cannot be issued. In order to facilitate Floodplain Ordinance compliance, the City adopted a Zoning Ordinance amendment creating a Recreational Resort Community which allows a wider variety of temporary housing unit types. The Zoning Ordinance defines a Recreational Resort Community as; A community with an emphasis on outdoor recreational activities with seasonal living accommodations for tourists and owners. Such communities shall not provide long-term permanent housing or principal residences. Accommodations may consist of any combination of motor homes, recreation vehicles, park model trailers, manufactured housing or cottages. Outdoor Resorts is asking for a conditional use permit for a Recreational Resort Community. No changes to the existing resort development are proposed except flexibility on the type of units permitted. Recreational Resort Community Criteria/ Plan Details Area. A Recreational Resort Community must have a minimum lot area of 10 acres. Outdoor Resorts meets this criteria with over 62 acres total including approximately 20 acres outside of water and marsh. Density. Recommended density is seven units per acre for new developments. Outdoor Resorts currently has 250 units on approximately 20 acres of property that qualify for density credit which equals 12.5 units per acre. City Council may vary the density for this existing development and such a variation is recommended since no increase in density is proposed. Parking. One parking space per unit is required. Outdoor Resorts has a least two parking spaces per site. Amenities. The code recommends that ten percent or more of the developable acreage be devoted to recreational areas and facilities. Outdoor Resorts currently has two swimming pools, two tennis courts, one basketball court, a recreational building with meeting rooms, a fitness room and a playground. Other amenities include two free-standing bath houses with laundry facilities and a maintenance area housing trash containers and a storage shed. Signage. A Recreational Resort Community is permitted to have one 24 square foot sign with two sides per entrance. Outdoor Resorts currently complies with the sign allowance and no new signage is contemplated. Page 2

3 Utilities. All Recreational Resort Communities must be connected to City water and sewer. All units in Outdoor Resorts are connected to City water and sewer. Electrical service, water, sewer, internet and cable TV are provided to each unit. Site Plan. The submitted site plan shows no changes to the existing resort park. The 250 condominium sites, common areas and all amenities will remain with no additions proposed. Housing Types. Housing units will not be long-term permanent dwellings, but Outdoor Resorts is proposing to allow a greater variety of units than the currently existing recreational vehicles and park model trailers. They propose to allow for alternative construction such as manufactured cottages or cottages built on-site, which are the same basic size as the park model trailers. (Representative images of manufactured cottages are attached to this report.) The park condominium Rules and Regulations limit park trailers to a length of 40'. Park trailers, by nature, are designed to be towed on the highway. As such, they are limited to a width of 8'-6" when in tow, but are often constructed with "slide outs" which offer an additional 3-4 feet in width. The current length and width restrictions (40'-0" long by 12'-6" wide) would continue in effect, regardless of unit type, resulting in a footprint of up to 800 square feet, which includes appurtenant structures such as underlying concrete pads, decks, and awnings. Unit height would be limited to 18'-0" above the City s design flood elevation requirement. Freeboard is the additional clearance required above base flood elevation (BFE). As BFE and freeboard requirements are subject to change at the discretion of FEMA, providing height restrictions relative to these elevations will permit future flexibility. The height of 18'-0" would allow the interior space of a unit to have 8'-0" of head clearance, 1 '-0" of structure, 9'-0" of area for a sloped roof, which could include a storage or sleeping loft. (See figure below.) Page 3

4 Green Development Features. The Recreational Resort Community standards encourage the use of sustainable features. Although this community was developed prior to the availability of many green products, plans to gradually become a greener park include replacement of light bulbs with LED fixtures, creation of a recycling program, replacement of existing structures with more energy efficient models, replacement of mechanical equipment with higher efficiency models for more efficient heating and cooling, and installation of low-flow plumbing fixtures. Landscape. All units will be brought into compliance with the Southern Watersheds Management Plan developed with the 1996 conditional use permit modification. The plan calls for a 3-foot landscaped bed as shown on CBPA Planting Bed #2 to be installed and maintained along the water. A walkway not more than 3 feet in width may be provided through the required planting bed on each site, between the unit and the decks and individual boat docks. Emergency Vehicular Access. Outdoor Resorts is a gated community and the park has approved emergency access plans in place with the appropriate City emergency departments. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Residential permanently-mounted recreational trailers SURROUNDING LAND USE AND ZONING: North: Inlet of Back Bay Single-family dwellings / AG-2 Agricultural and R-15 Residential Districts South: Inlet of Back Bay Restaurant / B-4 Business District East: Inlet of Back Bay Single-family dwellings / R-15 Residential District West: Back Bay NATURAL RESOURCE AND CULTURAL FEATURES: This site is surrounded by Back Bay. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area, and more specifically, Suburban Focus Area (SFA) 6 Sandbridge Community. Sandbridge Community is a stable, low-density, single-family residential area. Retaining the existing, low-density neighborhood character of Sandbridge community is the principal policy for this area (pp. 3-7 to 3-9). SFA 6 is an environmentally sensitive area, and the Plan s environmental stewardship policies suggest prohibiting construction in floodplains without acceptable mitigation. Development should be encouraged to provide greater protection than that afforded by minimum standards (pp to 7-14). The requested Use Permit is consistent with this policy, as one of the primary purposes of the request is bring the Page 4

5 community into compliance with FEMA floodplain regulations. WATER: This site is currently connected to City water. IMPACT ON CITY SERVICES SEWER: This site is currently connected to HRSD sanitary sewer. EVALUATION AND RECOMMENDATION Staff recommends approval of this request subject to the conditions listed below. The proposed conditional use permit for a Recreational Resort Community will clarify that this resort park, originally approved as a campground in 1966, has evolved into a resort condominium community with more stationary vacation housing. Besides recreational vehicles and park model trailers, approval will allow owners to have manufactured cottages or cottages built on-site that have the same footprint as a park model trailer, but are an upgrade in quality and appearance. A landscape bed will be installed adjacent to Back Bay to help improve water quality. Most importantly, approval of this conditional use permit will allow building permits to be issued to bring Outdoor Resort units into compliance with the City s Floodplain Ordinance. Compliance with the Floodplain Ordinance is critical to maintaining the availability of Federal Flood Insurance for Virginia Beach residents. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted site plan. A maximum of 250 resort residential units are permitted. 2. Residential units may consist of recreational vehicles and park model trailers. Manufactured cottages and cottages built on site are also allowed with a maximum length of 40 and a maximum width of Maximum height is 18 above the City s design flood elevation. No condominium site may have more than 800 square feet of impervious cover. Manufactured cottages and cottages built on site must substantially adhere to the submitted pictures on file in the Planning Department. 3. Permits are required for any permanent improvements including but not limited to parking pads, canopies and foundations. All permanent structures must meet the City s Floodplain Ordinance. Page 5

6 4. A three foot wide mulched landscape bed must be installed and maintained for each site along all Back Bay water frontage. Low level plant material must be approved by the Planning Department prior to installation. 5. No additional boat lifts or docks are approved with this application. All conditions attached to previous approvals for boat lifts and docks are still applicable. 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 UNIT TYPES Page 8

9 OUTDOOR RESORTS COMMUNITY Page 9

10 OUTDOOR RESORTS ACCESS AREA Page 10

11 1 2 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 11/28/2000 CUP (Community Boat Dock) Approved 07/09/1996 CUP (Recreational Vehicle Resort boat docks) Approved 05/07/1966 CUP (Motel, Restaurant, Camping, Marina, and Boating Facilities) Approved 2 07/09/2009 CUP (Motor Vehicle Rentals) Approved ZONING HISTORY Page 11

12 DISCLOSURE STATEMENT Page 12

13 ** (see footnote) ** (Exhibit B is on file in the Planning Department. The exhibit consists of 15 pages listing every unit owner. The Exhibit is available upon request). DISCLOSURE STATEMENT Page 13

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