RECOMMENDATION REPORT

Transcription

1 SARPY COUNTY PLANNING & BUILDING DEPARTMENT RECOMMENDATION REPORT SPECIAL USE PERMIT (SUP 8-008) TO ALLOW FOR COMMERCIAL RECREATIONAL AREA IN THE AG ZONING DISTRICT FOR AN ANNUAL HAUNTED ATTRACTION KNOWN AS SCARY ACRES PLANNING COMMISSION HEARING OF: June 9, 08 I. GENERAL INFORMATION A. APPLICANT: SAHA LLC 3809 N 6st reet Omaha, NE 686 B. SUBJECT PROPERTY OWNER: Gene C and Ila J Mackey 80 S 68 th reet Omaha, NE 6836 C. SUBJECT PROPERTY LOCATION: Subject property located at 77 Giles Road. D. LEGAL DESCRIPTION: Part of Tax Lot 6, west of Tiburon Creek except road in Section 6, Twp.4N, Rng E of the 6 th P.M. Sarpy County, NE. E. SUBJECT PROPERTY SIZE: approximately +/- acres. F. EXISTING FUTURE LAND USE AND ZONING DESIGNATIONS: Future Land Use Designation: Low to Medium Density Residential Zoning: AG (Agricultural Farming District) G. REQUESTED ACTION(S): To approve a Special Use Permit (SUP) to allow for a Commercial Recreational Area for a seasonal Haunted Attraction and up to 30 days a year for additional events in an AG Zoning District for a period of 0 years to November, 09. H. PURPOSE OF REQUEST: The applicant desires to operate a seasonal Haunted Attraction annually to be known as Scary Acres. Applicant is requesting additional approval to host other events throughout the year not to exceed a total of 30 days in which Sarpy County would be notified prior to the event. II. BACKGROUND INFORMATION A. EXISTING CONDITION OF SITE: The site has been operated as Scary Acres offering several different types of attractions since 00. Sarpy County approved the first SUP for Scary Acres in March 00 and amendments in June 006, February 008, and September 008. The site has several structures that house various attractions. All but two of the structrues lie 00% in the Floodway of the South Papillion Creek.

2 B. GENERAL VICINITY AND LAND USE (FLU) AND CURRENT ZONING (CZ) DIRECTION FROM SUBJECT PROPERTY FUTURE LAND USE DESIGNATION (reference attached map) CURRENT ZONING DESIGNATION (reference attached map) SURROUNDING DEVELOPMENT NORTH Low-Medium Density Residential RS-7 Cedar Hollow, Cedar Ridge, and Hillview Residential Subdivisions SOUTH Low-Medium Density Residential AG Agricultural Farm Land and Southern Pines Residential Subdivision to the Southeast EAST Low-Medium Density Residential AG/RE Agricultural Farm Land / Future Development site of Divine Shepherd Lutheran Church WEST Low-Medium Density Residential AG = Agricultural RE = Residential Estates acres RS-7 = Single-Family Residential AG Agricultural Farm Land C. RELEVANT CASE HISTORY: The property/venue has operated under a Special Use Permit (SUP) as a seasonal commercial recreational business since 00 with a number of amendments due to permit expirations, changes in the operational plan, and expansion of attractions/buildings. The original SUP was approved in 00 and issued to DCL Enterprise. The original SUP was amended as follows: o Resolution in May 006 allowing for the installation of two additional buildings and a 5 year extension; o Resolution January 008 allowing four additional weekends to the SUP for a Renaissance Festival and a Pirate Festival. o Resolution in September 008 increasing the hours of operation to allow tickets sales to go to midnight and closing of premise at AM on Friday and Saturday. o Resolution in September 009 adopting new operational plans to allow flexibility; relocate the corn maze to the east to allow for additional parking; and extend the duration of the SUP through November 09. o Administrative Amendment in April 00 to allow for an event known as Midwest Trade Days The applicant is now SAHA LLC and they have submitted a new Operational Plan requesting the following: o Duration of permit for 0 years, extending it to November of 09 o Property is operated as a haunted attraction from the third Friday in September through October 3 of each year, except when October 3 st

3 falls on a Thursday or Friday in which the closing date would then be November nd. o Hours of operation as follows: Sunday through Thursday, gates open at 6:30pm, ticket sales start at 7pm, ticket sales end at 0pm, closing of all attractions at 0:30 pm and all patrons off the property by :00 pm. Friday and Saturday, gates open at 6:30pm, ticket sales start at 7pm, ticket sales end at am, closing of all attractions at :30 am and all patrons off the property by :00 am. (Haunted Forest Attraction will close at am) o ructures and Haunted attractions include: House on the Hill Master s Castle Attraction Haunted Woods Attraction Funnel Cake Booth Concession Booth T-Shirt Booth Ticket Booth/Office Prop Room (staff dressing room) orage Containers (tools and supplies) Quonset (tool room) o Sound effects used shall not exceed 50 decibels after 0 pm, measured from the property line. (Planning staff has provided a list of items and their decibel levels for information purposes) o No alcohol will be served on the property during the operation as a haunted attraction. o Security provided at all times by off duty police officers as well as other security. o Closed circuit cameras are located throughout the premises, no one will enter or exit the premise without being seen and recorded by cameras. o 00% reimbursement to Sarpy County for dust control suppressant on Giles Road In addition to the haunted attraction, applicant is requesting: o Maximum of additional 30 days per year to operate for various events including the Renaissance Faire, with all events under the control and operation of the applicant. o Such additional events shall only operate between the hours of 9 am to 9 pm and security shall commensurate with the type of event and the number in attendance. o Additional events will allow for overnight camping on the premises the night before and or the morning following an event. o Prior Notice Procedure - SAHA LLC will provide a written operational plan for such event to the Planning Director containing a short narrative of the event that is to occur including the estimated number of people, dates and hours of operation. Planning Director to forward copy to the Public Works Department for review. Planning Director shall review the information and comments to determine if event is consistent with and within the parameters of the SUP. Planning Director shall notify the SUP

4 holder of approval, disapproval, or approval with conditions within two weeks of receipt of event notification. o In the event that it is approved with conditions unacceptable to the SUP holder or disapproved, the Planning Director and the SUP holder shall attempt to resolve whatever issues may exist. If the issue is not resolved, the SUP holder shall not hold such event unless an application to amend the SUP is made and approved by the County Board of Commissioners. o If no approval, disapproval, or approval with conditions is received by the SUP holder, said event shall be deemed approved as provided in the written narrative. o Planning Director may require additional dust suppressant on Giles Road with the recommendation of the Public Works Department. D. APPLICABLE REGULATIONS: Sarpy County Comprehensive Plan Sarpy County Zoning Regulations: - Section 9 AG (Agricultural) District - Section 4 Special Use Permits III. ANALYSIS A. COMPREHENSIVE PLAN: The proposed project is not consistent with the Comprehensive Plan as the Future Land Use Designation for this area is Low to Medium Density Residential and future development is being proposed for areas adjacent to the property. B. TRAFFIC AND ACCESS: Access to the subject property is from Giles Road where two access points to the property are evident. C. OTHER AGENCY REVIEW/COMMENTS: The application was sent to area jurisdictional agencies or departments that may have an interest to allow them to comment. Comments received are noted in this report and attached for your review. Any additional comments received will be provided at the Public Hearing. D. PUBLIC NOTIFICATON AND COMMENTS: Notice of the public hearing for this application was published in area newspapers, notification letters also were sent out to property owners within 300 feet of the subject property and the subject property was posted with a sign indicating a zoning action was pending on it. E. GENERAL COMMENTS: All but two of the structures on this site are located in the Flood Plain with the majority being located in the Floodway, as identified on the Flood Insurance Rate Maps (FIRM) issued by the Federal Emergency Management Association (FEMA). This will require any man made improvements occurring within the designated flood plain to follow the Flood Plain Regulations in the Sarpy County Zoning Regulations and have an approved Flood Plain Development Permit prior to the commencement of any work being done. No new construction will be allowed in the Flood Way in accordance with FEMA regulations.

5 Since the last amendment to the DCL Enterprise SUP for Scary Acres, residential developments such as Southern Pines, Garden Oaks, Palisades West and Hills of Aspen Creek have all developed and are located within a half mile of this site. Existing residential subdivisions within one half mile such as Cedar Hollow, Cedar Ridge, Harrison Woods, Hickory Ridge, Millard Park South, Hillview and Palisades have all filled in over the last 5 years. Additional residential development is in the planning stage for the site directly west and southwest of the subject property. Sarpy County Planning Department has record of complaints filed over the years with regards to this property. The Gretna Fire Department submitted comments and has numerous concerns with the property that they feel can all be addressed and corrected. A list of concerns is provided below and the GVFD letter is attached. o False Alarms that tie up resources from both the Fire Department and Sheriff s Office o Alarms are not correctly identified o Points of access for emergency vehicles are not well maintained o Good access to all structures on site for both fire and medical calls o Water sources o Complaints due to smoke from the burn pits on the property. aff recommends that the applicant complete a fire safety review with the Gretna Volunteer Fire Department prior to any event on the site to ensure access and clearance for emergency equipment. aff questions following the review of the submittal: o What type of sanitary facilities are provided and how are they maintained? o Trash containers? o How many fire pits are used? o How many parking spaces does the venue have? ADA compliant parking spaces? aff recommends that the fire pits be relocated to an area that is furthest from the residential properties and to an area that would prevent smoke from hanging in the treed area that is used for the haunted forest for safety and health purposes. aff recommendations on applicant s request for additional 30 days for various events: o Notification must be provided to County at least 60 days in advance of event o Should any event include overnight camping or alcohol, it will need a separate SUP. o SUP holder shall not hold any event until such time as they have received written authorization to do so. Sarpy County Public Works comments are attached for your review. Those comments include the following: o Applicant should continue to cost participate in the maintenance of Giles Road in the vicinity of the parcel during events, including but not limited to dust control o Limited access and disruptions with Giles Road improvements to the east and west of the parcel.

6 IV. STAFF COMMENTS AND RECOMMENDATIONS: aff recommends APPROVAL of this Special Use Permit application to allow for a Commercial Recreational Area located in an AG Zoning District for use as a haunted attraction from the third Friday in September through October 3 of each year, except when October 3 st falls on a Thursday or Friday in which the closing date would then be November nd and for other events, as approved by the Planning Director, that do not involve overnight camping and alcohol on site for a maximum of 30 days per year with the following stipulations:. While the property has been utilized for such events for a number of years, it does not comply with the provisions or currently adopted Future Land Use Map. aff recommends that the SUP only be granted for a period of three years due to current development patterns and growth in the area.. Any event involving overnight camping or alcohol use must have a separate SUP 3. Notification of any event, other than the haunted attraction must be submitted to Sarpy County Planning Director 60 days prior to event for review and written approval must be granted before event can be held. 4. Fire Safety Review with GVFD must be completed prior to any event. A letter from the GVFD indicating compliance will need to be submitted to the Sarpy County Planning Director prior to any event. 5. Relocation of fire pits to an area more suitable for airflow, as well as further away the Haunted Forest area and from residential areas. 6. Applicant participation in the maintenance of Giles Road and dust suppressant as required by Sarpy County Public Works. 7. All activity occurring in the designated Flood Plain on the property must meet Sarpy County Flood Plain Regulations. V. PLANNING COMMISSION RECOMMENDATION MOTION ON SPECIAL USE PERMIT: VI. VII. ATTACHMENTS TO REPORT:. Operational Plan. Site Map 3. Comments Received 4. Current Zoning Map 5. Flood Zone Map 6. Future Land Use Map of Sarpy County Comprehensive Plan COPIES OF REPORT SENT TO:. SAHA, LLC (Applicant). Patrick Sullivan (Applicant s Legal Counsel) 3. Public Upon Request

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