1 September 9, 2015 Public Hearing
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- Hubert George Young
- 5 years ago
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1 1 September 9, 2015 Public Hearing APPLICANT & PROPERTY OWNER: HOLLOMON- BROWN FUNERAL HOME, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Change of Zoning (R-5D Residential District to Conditional O-2 Office District) ADDRESS / DESCRIPTION: 1461 Kempsville Road GPIN: ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 2.30 acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant proposes to rezone the site, which is zoned R-5D Residential District, to Conditional O-2 Office District for the purpose of constructing three, one-story office buildings. A deviation to the minimum 20-foot, side yard setback is also requested along two property lines. Details The concept plan depicts three, single-story office buildings in a horseshoe layout. The total office space proposed throughout the three buildings is 29,000 square feet. A total of 100 parking spaces are shown on the plan, exceeding the minimum parking requirement of 88 spaces. The internal circulation system also provides cross-parcel vehicular access to the adjoining property to the west. The proffer agreement requires that the new structures be constructed in a similar theme (building materials and color scheme) to the attractive brick, colonial-style funeral home to the south, a property also owned by the applicant. A photograph of the proffered architectural style is provided at the end of this report. Under the O-2 Office District, structures can be constructed as tall as 75 feet. In order to be complementary in mass and scale with the surrounding residential and one-story commercial uses, the proffer agreement limits the height of the office buildings to 35 feet. A deviation of 10 feet to the side yard Page 1
2 setbacks along the property lines adjacent to the existing office zoned properties, also under ownership of the applicant, is requested. The original submittal proposed two ingress/egress points along Kempsville Road. As a recommendation of Traffic Engineering Staff to minimize the number of traffic conflicts, the layout has been revised to a single ingress/egress point. Although not shown on the submitted concept plan, in order to meet the City of Virginia Beach requirements slight modifications to the entrance design will be required during final site plan review as the typical commercial entrance width for is driveway 30 feet and the entrance radius must be a minimum of 15 feet. While streetscape landscaping is depicted along the Kempsville Road frontage, this portion of the property is within a 15-foot utility easement so adjustments to the species and location of the plant material may be required during final site plan review. Additional plants will likely be required to meet all City of Virginia Beach minimum requirements, for example the installation of foundation plants for the facades facing Kempsville Road. The required Category IV Screening is depicted along the property line adjacent to the A-12 multi-family dwelling units. A more detailed review of all planting and buffering requirements will be done during site plan review. The proffer agreement also addresses signage and states that any freestanding signage on the Property shall be limited to one (1) low-level monument style sign which shall not exceed eight feet (8 ) in height, will be externally lit, and will be constructed using materials of a color and quality that is substantially compatible with that used for the office buildings on the Property. An elevation drawing of the monument style sign shall be submitted to the Planning Director for approval prior to obtaining a permit for its installation. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single-family dwelling SURROUNDING LAND USE AND ZONING: North: Offices / O-2 Office District South: Funeral home / O-1 Office District East: Kempsville Road Single-family dwellings / R-5D District West: Multi-family dwellings / A-12 Apartment District NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. There are several trees on the property but most of the site exists as grass lawn. There do not appear to be any significant environmental or cultural features on the site. 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 while reinforcing the suburban characteristics of commercial centers and 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 Page 2
3 buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3-2). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Kempsville Road is a four-lane divided minor urban arterial road in the vicinity of this site. The MTP proposes a sixlane divided facility with an ultimate right-of-way of 150 feet. A CIP project (2-418) is expected to impact the Indian River Road and Kempsville Road intersection, located in the vicinity of this application. A continuous flow intersection and median U-turn lefts to the east and west of the intersection on Indian River Road are proposed along with many geometric and safety improvements. As part of this project, a new traffic signal will be installed at the intersection of Kempsville Road and Canterford Lane. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Kempsville Road 34,500 ADT 1 14,800 ADT 1 (LOS 4 C ) 27,400 ADT 1 (LOS 4 E ) Existing Zoning ADT Proposed Land Use/Zoning ADT 1 Average Daily Trips 2 as defined by R-5D zoning 3 as defined by O-2 zoning 4 LOS = Level of Service WATER: This site currently connects to City water. There are two existing 20-inch City water mains along Kempsville Road. There is an existing six-inch City water main along Brenland Circle. The existing 5/8- inch meter may be used or upgraded to accommodate the proposed development. SEWER: City sanitary sewer is not available along Kempsville Road. Health Department approval is required for any septic systems. Private grinder pumps and force main may be an option. City sewer may be available along Brenland Circle. Sewer and pump station analysis for Pump Station #448 is required to determine if future flows can be accommodated. Water and sanitary sewer service must be verified and improved if necessary so that the new buildings will have adequate water pressure, fire protection and sanitary sewer service. Page 3
4 EVALUATION AND RECOMMENDATION The Conditional Rezoning request from R-5D to O-2 to develop the site with three, one-story office buildings is generally consistent with the Comprehensive Plan s policies and land use goals for the Suburban Area with regard to compatibility with surroundings. The planning principles for the Suburban Area are reinforced by the Special Area Development Guidelines Suburban Area of the Comprehensive Plan s Reference Handbook. Staff believes that the majority of these Guidelines are met, particularly with regard to: vehicular and pedestrian access; sufficient plantings, screening and open space; quality site layout, architectural design and signage; and, the provision of stormwater management. As mentioned above, the applicant has worked with Staff to reduce traffic conflicts along Kempsville Road and to provide a clear vision of the final layout and architectural design of the buildings. The deviation to the side yard setbacks, from 20 feet to 10 feet, is, in Staff s opinion, acceptable. The applicant owns each adjoining property and according to the application, the deviation is sought in order to provide additional green space in the interior of the site; thereby breaking up the expanse of asphalt of the parking lot. The rezoning of this piece completes the transition along this small segment of Kempsville Road of R-5D Residentially zoned properties to low-intensity office and neighborhood services uses. Based on Staff s evaluation of the request, as provided above, Staff recommends approval of this request as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to offset identified problems to the extent that the proposed rezoning is acceptable, ( 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled, Conceptual Site Layout Plan Of Kempsville RD Offices Virginia Beach, Virginia, dated June 23, 2015, and prepared by MSA, P.C. (the Concept Plan ), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: The office buildings developed on the Property, when constructed, will be designed in a colonial architectural style, and the color and quality of the roof and other building materials shall be substantially compatible with the Hollomon-Brown Kempsville Chapel, which is depicted on the photograph labeled Hollomon-Brown Kempsville Chapel, dated June 15, 2015, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Page 4
5 PROFFER 3: The office buildings developed on the Property, when constructed, shall not exceed thirty-five (35) feet in height. PROFFER 4: When developed, the freestanding signage on the Property shall be limited to one (1) low-level monument style sign which shall not exceed eight feet (8 ) in height, will be externally lit, and will be constructed using materials of a color and quality that is substantially compatible with that used for the office buildings on the Property. An elevation drawing of the monument style sign shall be submitted to the Planning Director for approval prior to obtaining a permit for its installation. A permit shall be obtained from the Planning Department, Zoning Division, for all signage located on the Property. PROFFER 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they provide necessary detail related to site layout, ingress/egress, architectural quality and materials, signage and screening. The City Attorney s Office has reviewed the proffer agreement dated August 18, 2015, and found it to be legally sufficient and in acceptable legal form. 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 or Change of Zoning 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 AERIAL OF SITE LOCATION Page 6
7 PROPOSED SITE LAYOUT Page 7
8 PHOTO PROFFERED OF ADJACENT BUILDING RE: ARCHITECTURAL ELEMENTS Page 8
9 2 1 3 # DATE REQUEST ACTION 1 10/10/ /15/ /23/1981 CUP (columbarium) CUP (church) CUP (church) Granted Granted Granted 2 10/11/1994 CRZ (R-5D to Conditional O-1) Granted 3 09/28/1993 CRZ (R-5D to Conditional O-1) CUP (funeral home) Granted Granted ZONING HISTORY Page 9
10 DISCLOSURE STATEMENT Page 10
11 DISCLOSURE STATEMENT Page 11
12 DISCLOSURE STATEMENT Page 12
13 DISCLOSURE STATEMENT Page 13
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More information11 November 13, 2013 Public Hearing
11 November 13, 2013 Public Hearing APPLICANT:. D/B/A RYAN HOMES PROPERTY OWNER: MUNDEN LAND, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditional Change of Zoning approved by the
More information9 February 13, 2013 Public Hearing APPLICANT: VILLAGE BEND, LLC
9 February 13, 2013 Public Hearing APPLICANT: VILLAGE BEND, LLC PROPERTY OWNER: VILLAGE BEND HOMEOWNERS ASSOCIATION, INC. STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning
More information1 May 8, 2013 Public Hearing APPLICANT:
1 May 8, 2013 Public Hearing APPLICANT: CSA VIRGINIA BEACH, LLC PROPERTY OWNER: WINNER S REAL ESTATE HOLDINGS, LLC REQUEST: Conditional Use Permit (indoor recreation facility) STAFF PLANNER: Carolyn A.K.
More informationRequest Conditional Use Permit (Open-Air Market) Staff Recommendation Approval. Staff Planner Robert Davis
Applicant Property Owner PMIG 1020, LLC Public Hearing February 8, 2017 City Council Election District Kempsville Agenda Item 10 Request Conditional Use Permit (Open-Air Market) Staff Recommendation Approval
More informationStaff Recommendation Approval. Staff Planner Robert Davis
Applicant & Property Owner Public Hearing September 13, 2017 City Council Election District Beach Agenda Item 2 Requests Conditional Use Permit (Car Wash Facility) Modification of Conditions (Conditional
More informationRequest Conditional Use Permit (Hair Care Center) Staff Recommendation Approval. Staff Planner Robert Davis
Applicant & Property Owner Public Hearing October 11, 2017 City Council Election District Princess Anne Agenda Item 2 Request Conditional Use Permit (Hair Care Center) Staff Recommendation Approval Staff
More informationStaff Recommendation Denial. Staff Planner Jonathan Sanders
Applicant Traditional Concepts, LLC & Victory Baptist Church of Virginia Beach, Inc. Property Owner Victory Baptist Church Public Hearing January 9, 2019 City Council Election District Princess Anne Agenda
More information18 August 10, 2011 Public Hearing APPLICANT: FRESH WORLD VA-B, INC.
18 August 10, 2011 Public Hearing APPLICANT: FRESH WORLD VA-B, INC. PROPERTY OWNER: ELIAS PROPERTIES SALEM CROSSING STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (indoor recreational
More information16 July 13, 2011 Public Hearing APPLICANT: FRESH WORLD VA-B, INC.
16 July 13, 2011 Public Hearing APPLICANT: FRESH WORLD VA-B, INC. PROPERTY OWNER: ELIAS PROPERTIES SALEM CROSSING STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (indoor recreational
More informationRequest Conditional Use Permits (Craft Brewery & Open-Air Market) Staff Recommendation Approval. Staff Planner Bill Landfair
Applicant Property Owner Weathersby Properties, LLC Public Hearing March 13, 2019 (Deferred February 13, 2019) City Council Election District Bayside Agenda Item D2 Request Conditional Use Permits (Craft
More informationRequest Conditional Use Permit (Craft Brewery) Staff Planner Stephen J. White
Applicant, LLC t/a Reaver Beach Brewery Property Owner Thomas R. Boozel Public Hearing February 14, 2018 City Council Election District Rose Hall Agenda Item 2 Request Conditional Use Permit (Craft Brewery)
More informationRequest Conditional Use Permits (Craft Brewery & Open-Air Market) Staff Recommendation Approval. Staff Planner Robert Davis
Applicant Property Owner Oceana Crossings, LLC Public Hearing November 14, 2018 City Council Election District Beach Agenda Item 2 Request Conditional Use Permits (Craft Brewery & Open-Air Market) Staff
More information12 April 14, 2010 Public Hearing APPLICANT: BELIEVER S HOUSE WORLD WIDE MINISTRIES
12 April 14, 2010 Public Hearing APPLICANT: BELIEVER S HOUSE WORLD WIDE MINISTRIES REQUEST: Conditional Use Permit (church) PROPERTY OWNER: NEWTOWN SQUARE ASSOCIATES, LLC STAFF PLANNER: Carolyn A.K. Smith
More informationRequest Conditional Rezoning (R-5D Residential Duplex District and I-1 Light Industrial District to Conditional A-36 Apartment District)
Request Conditional Rezoning (R-5D Residential Duplex District and I-1 Light Industrial District to Conditional A-36 Apartment District) Staff Planner Ashby Moss Location 5833 Sandpit Road & Nearby Parcels
More informationStaff Recommendation Approval. Staff Planner Robert Davis
Applicant Property Owner Reed Enterprises, Inc. Public Hearing November 8, 2017 City Council Election District Princess Anne Agenda Item D1 Request Conditional Use Permit (Bulk Storage Yard) Modification
More informationRequests Conditional Use Permits (Craft Brewery & Open-Air Market) Staff Recommendations Approval of Craft Brewery Denial of Open-Air Market
Applicant Property Owner ACT Partners Public Hearing February 8, 2017 City Council Election District Lynnhaven Agenda Item 1 Requests Conditional Use Permits (Craft Brewery & Open-Air Market) Staff Recommendations
More information4 August 13, 2014 Public Hearing
4 August 13, 2014 Public Hearing APPLICANT & PROPERTY OWNER: LILLEL FARMS, INC. STAFF PLANNER: Kristine Gay REQUEST: Change of Zoning (Conditional PDH-2 with A-24 Apartment Zoning District to P-1 Preservation
More informationRequest Street Closure (Portion of Cardinal Road) Staff Recommendation Approval. Staff Planner Jimmy McNamara
Applicant & Property Owner Public Hearing October 11, 2017 City Council Election District Lynnhaven Agenda Item 8 Request Street Closure (Portion of Cardinal Road) Staff Recommendation Approval Staff Planner
More informationRequest Conditional Use Permits (Craft Brewery, Assembly Use & Open-Air Market) Staff Recommendation Approval. Staff Planner Robert Davis
Applicant Property Owner Weathersby Properties, LLC Public Hearing January 9, 2019 City Council Election District Bayside Agenda Item 4 Request Conditional Use Permits (Craft Brewery, Assembly Use & Open-Air
More informationTRUSTT GILES REQUEST: APPLICANT: C AND C DEVELOPMENT. Page (b) of the all the AICUZ: SITE SIZE: 28,261 TOTAL 17,417 UPLAND GPIN:
STAFF PLANNER: Carolyn A.K. Smith REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance
More informationRequest Conditional Use Permit (Craft Brewery) Staff Planner Jimmy McNamara
Applicant Property Owner Juan Suarez, Arch Dixon & Jalaladin Mansourzadeh Public Hearing August 10, 2016 City Council Election District Rose Hall Agenda Item 1 Request Conditional Use Permit (Craft Brewery)
More informationRequest Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation Approval. Staff Planner Robert Davis
Applicant & Property Owner Public Hearing January 10, 2018 City Council Election District Beach Agenda Item 2 Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation
More informationADDRESS / DESCRIPTION: 1888 Virginia Beach Boulevard and east side of Maxey Drive
REQUEST: Change of Zoning (A-12 Apartment to B-2 Business) Conditional Use Permit (motor vehicle sales and service) 3 October 10, 2012 Public Hearing APPLICANT: ARCHANGEL ENTERPRISE, INC. A VIRGINIA CORPORATION
More information2 November 9, 2011 Public Hearing APPLICANT: ASHVILLE PARK, L.L.C.
2 November 9, 2011 Public Hearing APPLICANT: ASHVILLE PARK, L.L.C. PROPERTY OWNER: ATC REALTY SIXTEEN, INC. STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Change of Zoning approved
More informationRequest Conditional Use Permit (Communication Tower) Staff Recommendation Approval. Staff Planner Emily Bazemore
Applicant Property Owner Columbia Club of Virginia Beach Public Hearing July 11, 2018 City Council Election District Beach Agenda Item 5 Request Conditional Use Permit (Communication Tower) Staff Recommendation
More informationRequest Subdivision Variance to Section 4.4 (b) and (d) of the Subdivision Regulations. Staff Planner Jimmy McNamara
Applicant Property Owners and Wayne Champigny Public Hearing June 8, 2016 City Council Election District Princess Anne Agenda Item 9 Request Subdivision Variance to Section 4.4 (b) and (d) of the Subdivision
More information1 November 12, 2014 Public Hearing
1 November 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: MOISON DEVELOPMENT, L.L.C. STAFF PLANNER: Kevin Kemp REQUEST: Subdivision Variance to Section 4.4 (d) of the Subdivision Ordinance, which
More information20 September 14, 2011 Public Hearing APPLICANT: FRESH WORLD VA-B, INC.
20 September 14, 2011 Public Hearing APPLICANT: FRESH WORLD VA-B, INC. PROPERTY OWNER: ELIAS PROPERTIES SALEM CROSSING STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (indoor recreational
More information14 May 9, 2012 Public Hearing APPLICANT: JAMES KENNEDY VI
14 May 9, 2012 Public Hearing APPLICANT: JAMES KENNEDY VI PROPERTY OWNER: BRIAN D. KENNEDY REQUEST: Conditional Use Permit - Home Occupation Sales (Firearms) STAFF PLANNER: Karen Prochilo ADDRESS / DESCRIPTION:
More informationPublic Hearing January 13, Request Conditional Use Permit (Home Occupation- Firearm Sales) Staff Planner Kevin Kemp
Applicant and Property Owner Public Hearing January 13, 2016 Request Conditional Use Permit (Home Occupation- Firearm Sales) Staff Planner Kevin Kemp Location 1305 Willowood Lane GPIN 24081772120000 Election
More informationExisting Land Use and Zoning District Single-family development under construction, woods / Conditional R-10 Residential, AG-1 Agricultural
Applicant Property Owners, & William Snowden and James Snowden Public Hearing September 12, 2018 City Council Election District Princess Anne Agenda Items 8 & 9 Request Conditional Rezoning (AG-1 Agricultural
More information1 February 8, 2012 Public Hearing APPLICANT: ERNEST D. PARRISH
REQUEST: Conditional Use Permit (Truck and Trailer Rental) 1 February 8, 2012 Public Hearing APPLICANT: ERNEST D. PARRISH PROPERTY OWNER: ACT B LYNNHAVEN COLONY SHOPS STAFF PLANNER: Faith Christie ADDRESS
More information10 December 12, 2012 Public Hearing APPLICANT: DAVE & BUSTERS, INC.
10 December 12, 2012 Public Hearing APPLICANT: DAVE & BUSTERS, INC. PROPERTY OWNER: LYNNHAVEN MALL, L.L.C. REQUEST: Conditional Use Permit (Indoor Recreational Facility) STAFF PLANNER: Karen Prochilo ADDRESS
More informationRequest Conditional Use Permits (Open-Air Market, Assembly Use) Staff Planner Robert Davis
Applicant Property Owner Burrows Family Revocable Trust Public Hearing September 14, 2016 City Council Election District Princess Anne Agenda Item 6 Request Conditional Use Permits (Open-Air Market, Assembly
More information