8 December 10, 2014 Public Hearing APPLICANT & PROPERTY OWNER: AH SANDBRIDGE, L.L.C.

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1 8 December 10, 2014 Public Hearing APPLICANT & PROPERTY OWNER: AH SANDBRIDGE, L.L.C. STAFF PLANNER: Stephen J. White REQUEST: Modification of the Proffers of the Conditional Change of Zoning approved by the City Council on June 11, 2013 ADDRESS / DESCRIPTION: 2101 Princess Anne Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 11.2 acres AICUZ: db DNL (Sub- Area 2) BACKGROUND / DETAILS OF PROPOSAL Background In June 11, 2013, City Council approved a Conditional Change of Zoning for this property from AG-1 and AG-2 Agricultural and B-2 Community Business to Conditional B-2 Community Business. The Conditional Rezoning has eight proffers, which are listed at the end of this report. The applicant is requesting modification to Proffer 3, which lists 19 land use categories (as well as any hazardous or illegal uses ) that, by this proffer, may not be located on the site. Specifically, the applicant requests deletion of the uses massage parlor and child care center as prohibited. The proffer currently reads as follows: No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center; or hazardous or illegal uses. Page 1

2 The applicant s purpose in prohibiting these uses is to delete potential businesses that are traditionally viewed as either being undesirable to most people or have the potential for being a nuisance if not wellmanaged. Many of the uses described in the proffer are not specifically listed in the Zoning Ordinance as a principal or conditional use, most likely because the term that describes it is not in contemporary use. This is true of tavern, betting agency, dance hall, and game parlor. Others, while not specifically listed in the Zoning Ordinance, are uses that are considered by the Zoning Ordinance recreational and amusement uses [of an indoor nature]. Although not specifically listed as a permitted or conditional use in the Zoning Ordinance, there are several of the uses in Proffer 3 that are regulated by other parts of the City Code. For example, dance halls are regulated by Chapter 4, Article II of the City Code. Massage parlor is mentioned in the Zoning Ordinance only as a prohibited accessory use, such as in a home occupation; however, the massage is regulated by Chapter 18.5 of the City Code, which refers to in its contemporary meaning as a form of physical therapy, and thus labels it as Massage Therapy. IMPACT ON CITY SERVICES There will be no impact on City services as a result of deleting childcare center and massage parlor as prohibited uses. EVALUATION AND RECOMMENDATION The request to delete childcare center and massage parlor from the list of uses that may not be allowed on the property is acceptable. As previously noted at the beginning of this report, while massage parlor is included in the list as an undesirable use, its inclusion is based on the massage parlor of the past, which was largely unregulated and, dependent on its location and management, would prove to be a nuisance. The City Code now provides regulations for businesses that provide massage, classifying such a business as a massage establishment for the purpose of providing massage therapy. There are now several such businesses in shopping centers throughout the city where massage therapists, certified by the Commonwealth, provide this form of physical therapy. The inclusion of childcare center in the list of uses not allowed on the property may be due to a variety of reasons, from noise to the thought of the potential for children to be playing in the parking lots of the shopping center. As with massage parlor, whatever the reason, much of the rationale may be based on childcare centers of the past and the potential problems of such a center in a shopping center with no regulation. Currently, however, a childcare center located in a shopping center must be licensed by the Virginia Department of Social Services (DSS), which also regulates the use. There are childcare centers located in shopping centers throughout the city, as the use is permitted without a conditional use permit in the B-2 Business District. The question of whether a childcare center is suited for a shopping center is dependent on the regulations of DSS. Some shopping centers can meet the criteria established by the regulations and some cannot. For example, if a period of outdoor play is required based on the Page 2

3 regulations, it may not be possible for a shopping center to provide the required type and size space located within the required minimum distance from the physical building. The subject site, however, does have areas where outdoor play could occur. Staff, therefore, finds that permitting a childcare center as an allowable use on the site is appropriate. Staff recommends approval of this request with the submitted proffers. The proffers are provided below. 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. [The Original Proffers referenced below are provided on the following page.] PROFFERS PROFFER 1: The Original Proffers are hereby modified by replacing Section 3 of the Agreement with the following: 3. No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; or hazardous or illegal uses. PROFFER 2: All other covenants, conditions, and restrictions proffered as part of the Original Proffers shall remain unchanged and in full force and effect and are hereby incorporated by reference. The City Attorney s Office has reviewed the proffer agreement dated September 29, 2014, and found it to be legally sufficient and in acceptable legal form. Page 3

4 ORIGINAL PROFFERS (2013) PROFFER 1: The Property shall be developed in substantial conformity with the Site Plan entitled CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE SHOPPING CENTER dated 08/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the Site Plan ), the Landscaping Plan entitled CONCEPTUAL LANDSCAPING PLAN OF SANDBRIDGE SHOPPING CENTER dated 8/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the Landscaping Plan ), and the renderings entitled SANDBRIDGE SHOPPING CENTER dated 3/15/13, prepared by HBA, which have been exhibited to the City Council (the Renderings ), with copies of the Site Plan, the Landscaping Plan, and the Renderings being on file with the City s Department of Planning and Community Development ( Planning ). PROFFER 2: The quality and architectural style and character of improvements constructed on the Property shall be substantially in conformity with the Renderings. The quality, architectural style, exterior materials, and character of improvements constructed on any outparcel on the Property ( Outparcel ) shall be in substantial conformity with the quality, architectural style, exterior materials, and character of improvements constructed on the remainder of the Property as depicted on the Renderings. PROFFER 3: No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center; or hazardous or illegal uses. PROFFER 4: All building-mounted exterior signs located on the Property shall consist of channel lettering and may be back-lit lighting. All free-standing signs located on any Outparcel shall conform to the quality, architectural style, materials and character of the free-standing sign for the shopping center as depicted on the Renderings. PROFFER 5: In addition to the landscaped perimeter open spaces depicted on the Outparcels in the Landscaping Plan, when the Outparcels are developed, all landscaped areas shall utilize the same native species utilized in the landscaping depicted on the Landscaping Plan. PROFFER 6: Grantor will not seek, nor will the Grantee be required to issue a Certificate of Occupancy for any new structure or business upon either of the two (2) Outparcels as depicted on the Site Plan for a period of two (2) years from the date the Property is rezoned. PROFFER 7: A cash proffer in the amount of $200, shall be paid to the City as a condition of the City s issuance of a Certificate of Occupancy for the primary building to be constructed on the Property, with such sum to be applied to and used to assist in the funding of the road improvements for CIP Project known as Princess Anne Road Phase VII (the CIP Project ). In accordance with Section 107 (h) (3) of the CZO and Section of the Code of Virginia of 1950, as amended, if the funds proffered and paid to the City are not used by the City for road improvements contemplated by the CIP Project within twenty (20) years Page 4

5 from the date of recordation of this Agreement, then any such funds paid and unused may be used by the City for any other public purpose within the area if the City designated in the City s Comprehensive Plan as the Transition Area. PROFFER 8: The development of the Property shall incorporate the design and construction of all of the recommendations set forth in Chapter 7 of that certain Traffic Impact Analysis entitled SANDBRIDGE SHOPPING CENTER, City of Virginia Beach, Virginia, dated August 30, 2012, prepared by Bryant B. Goodloe, P.C. (the TIA ), which has been exhibited to the City Council with a copy of the TIA being on file with Planning, except item 5(b) thereof. Page 5

6 AERIAL OF SITE LOCATION Page 6

7 SITE PLAN PROFFERED IN 2013 Page 7

8 DISCLOSURE STATEMENT Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10