HomeMy WebLinkAboutAP201300003 Staff Report 2013-06-04STAFF PERSON: Ron Higgins
PUBLIC HEARING: June 4, 2013
STAFF REPORT AP 2013 -003 Scottsville Recreations Inc.
OWNERS: Scottsville Recreations Inc.
APPELLANT: Mr. Kevin Quick, Contact Person for Scottsville Rec. Inc.
The appellant appeals the Zoning Administrator's determination in accordance
with Section 34.3 of the Albemarle County Zoning Ordinance.
INTRODUCTION
The subject property, known as the Scottsville Recreation Inc., is located at 7414
Scottsville Road. It is Tax Map 130, Parcel 3A and is zoned Rural Areas (RA).
This property consists of 14.938 acres and is owned by Scottsville Recreations
Inc., who purchased the property in 1962 for use as a private club. The property
has been used as the private pool /recreation club continuously since the early
1960's, making it legally nonconforming.
The Club was approached this past October about building a "full -size
soccer /intramural field (100 yards x 50 yards) to benefit the youth of Scottsville
and surrounding regions ". There is no evidence that the field has been used for
league soccer play nor is there sufficient room on either side of the road for a
regulation field. It appears that the open fields have been there for club
members but not for outside /regional youth. This would be a new use and not an
existing use accessory to the private club.
After his investigation, the Deputy Zoning Administrator determined that because
this project would involve an expansion of the club facilities with this new use, it
would require a special use permit. The appellant appeals this official
determination, rendered March 15, 2013 (Attachment A).
BACKGROUND
Section 10.2.2 of the Albemarle County Zoning Ordinance addresses uses
permitted by special use permit in this zoning district. Section 10.2.2.(4) permits
"4. Swim, golf, tennis or similar athletic facilities" only by special use permit.
A soccer field serving the region is a new primary use that falls within this special
use permit provision.
The existing Swim Club is a nonconforming use and cannot be expanded without
a special use permit. Section 6.2 B of the zoning ordinance prohibits
nonconforming uses from being "enlarged or extended such that the character of
the use existing on the effective date of the zoning regulations applicable to the
district in which the use is located is changed. "
AP2013 -003
BASIS FOR DETERMINATION
Page 2
The determination included the following reasons for why a special use permit is
needed:
1. The existing use is a private club which existed prior to the Albemarle
County Zoning Ordinances of 1969 and 1980 and is an existing legal
nonconforming use.
2. Section 6.2.8 of the Albemarle County Zoning Ordinance prohibits a
nonconforming use from being "enlarged or extended ...A mere
increase in the volume, intensity or frequency of the use that is trivial,
insubstantial or reasonably customary or incidental, and that is not
accompanied by an alteration or variation in the use, shall not be
deemed to be an enlargement or extension of the use ". This use will
require an alteration to create the regulation field.
3. The proposed facility is described as: "for the youth of Scottsville and
surrounding regions. The field will be utilized by several
Organizations, including SOKS..." This is beyond the scope of an
existing or accessory use for the nonconforming swim club. Even if the
new play field is permitted under the nonconforming provisions of
Section 6.28, it would only be permitted as an accessory use for the
nonconforming club. The appellants are proposing an entirely new use
that does not currently exist on the property as proposed. A new
primary use cannot be a nonconforming use because it does not
predate the applicable regulations.
4. The use is not a current by -right "public use" since it is not owned,
operated or funded by a local, state or federal agency.
In addition, the proposed regulation playing field would require re- grading and the
relocation of the entrance road to accommodate it. By contrast, the existing
Scottsville Recreation Club fields are split by the road and not configured for the
purposes proposed.
RESPONSE TO APPELLANT'S ARGUMENT
The appellant contends that the field currently exists on the property and that the
proposed leveling of it for this purpose does not change the use as it has been
since 1962 or as "evidenced by the Articles of Incorporation ... to provide many
different types of opportunities." As stated earlier, the field is not configured for
regulation soccer play since the road bi -sects it, leaving neither side large
enough for a regulation field. Also, no evidence has been submitted that
demonstrates prior use of the field for league play or regulation sized games by
users other than club members.
AP2013 -003
Page 3
The Scottsville Recreation Club website does not list the presence of a soccer
field within their list of available activities through the club (see excerpt below).
We are Scottsville Recreation, Inc., a member -owned swimming and recreation
facility encompassing a large, 115,000 gallon swimming pool, a brand -new baby
pool with its own safety fence and play area, a comfortable, shaded pavilion with
oversized picnic tables, snack bar, changing facility, swings, volleyball court,
lighted basketball court and more. At the heart of our facility is the large,
community -sized pool.
Staff would further note that the Articles of Incorporation anticipate many uses
that are not there now and that may not be permitted at all in the RA district,
including: "hotels, restaurants... and all types of indoor and outdoor
accommodations and amusement facilities..." A listing in articles of incorporation
does not authorize a land use.
CONCLUSION
The appellant would have ALL uses anticipated in its 1961 Articles of
Incorporation permitted on the property as part of the nonconforming "swim club"
The nonconforming statute does not grandfather all anticipated uses. Nor does
it cover new primary uses unrelated to the nonconforming swim club, such as a
regional soccer facility. Obtaining a special use permit would make the private
club conforming and allow the proposed athletic field.
Staff respectfully requests that the Board of Zoning Appeals affirm and uphold
the Deputy Zoning Administrator's determination of March15, 2013.
APPEAL AP 2013 -03
LIST OF ATTACHMENTS
Attachment A Official Determination of need for special use permit,
dated March 15, 2013
Attachment B Map of Site