Request Conditional Rezoning (Conditional B-2 Community Business to Conditional B-1A Limited Community Business) Staff Recommendation Approval

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1 Applicant & Property Owner Public Hearing July 12, 2017 City Council Election District Kempsville Agenda Item 7 Request Conditional Rezoning (Conditional B-2 Community Business to Conditional B-1A Limited Community Business) Staff Recommendation Approval Staff Planner Jonathan Sanders Location 317 S. Witchduck Road GPIN Site Size 0.8 acres AICUZ Less than 65 db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office / Conditional B-2 Community Business, Carraway House Historic and Cultural Overlay District, Historic Kempsville Area Overlay District Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-10 Residential South Shopping center / B-2 Community Business, Historic Kempsville Area Overlay District East South Witchduck Road City-owned open space / B-4K Historic Kempsville Area Mixed Use, Historic Kempsville Area Overlay District West Mixed retail, offices / B-2 Community Business, Historic Kempsville Area Overlay District Page 1

2 Background and Summary of Proposal The property is the location of the historic Carraway House, which is likely the oldest surviving structure in what was once the Village of Kempsville, and is now located within the Carraway House Historic and Cultural Overlay and the Historic Kempsville Area Overlay District. It is believed that the house was built around The house was moved to the current site in the 1960s from its former location on the east side of Princess Anne Road. In 1980, the subject site was rezoned from R-5 Residential to Conditional B-2 Community Business to allow for all uses in the R-5 District plus a retail shop use for the sale of antiques, antique reproductions, and related items and accessories. In 2006, after 10 years as a real estate office, the proffers were modified to additionally allow for business studios, offices and clinics. The applicant now requests to rezone the property to B-1A Limited Community Business District to enable additional uses on the site such as bakeries, delicatessens, business and vocational schools, beauty shops, laundry facilities, religious uses, and retail establishments. The applicant is not proposing any exterior changes to the building. CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure Zoning History # Request 1 MOD Approved 11/28/2006 CRZ (R-5 to Conditional B-2) Approved 1/14/ REZ (B-2 to B-4K) Approved 06/21/ REZ (B-2 to B-4K) Approved 08/27/ REZ (O-2 to B-4K) Approved 08/27/ REZ (O-2 to B-4K) Approved 05/19/2015 FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Comprehensive Plan Recommendations This site is located in Suburban Focus Area 3 - Historic Kempsville Area. City Council adopted the Historic Kempsville Area Master Plan in The Plan outlines the methods needed to implement land use, environmental, transportation and design improvements to accomplish the desired revitalization of this area. Development should adhere to the vision and goals cited, especially as they relate to the protection of adjoining stable neighborhoods. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant environmental resources present. Page 2

3 The property is located in both the Carraway House Historic and Cultural Overlay District and the Historic Kempsville Area Overlay District, as the Carraway House is possibly the oldest surviving structure in what was the village of Kempsville. It is believed that the house was built around The house was moved to the current site in 1960s from its former location on the other side of Princess Anne Road. The purpose of the historic overlay districts is to enhance the appearance of the areas encompassed by the districts and to help restore the vitality of Virginia Beach s important and historic locations. Modifications to the exterior of structures, demolition of structures, and the installation of signage are all reviewed by the Historical Review Board prior to the issuance of a Certificate of Appropriateness; however, no exterior renovations are proposed at this time. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Witchduck Road 28,855 ADT 1 14,800 ADT 1 (LOS 4 C ) Existing Land Use 2 22 ADT 27,400 ADT 1 (LOS 4 E ) Proposed Land Use 3-22 ADT 1 Average Daily Trips Public Utility Impacts 2 as defined by 2,000 square feet of general office building 3 as defined by 2,000 square feet of general office building 4 LOS = Level of Service Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The request to rezone this parcel from Conditional B-2 Community Business District to Conditional B-1A Limited Community Business District, which will expand the permitted uses on the site, will, in Staff s view, be compatible with the intent of the historic and cultural districts and with the surrounding commercial and residential land uses. The proffers specifically exclude the more intense uses of the B-1A District, such as Animal Pounds, Shelters or Commercial Kennels; Building Mounted Antennas; Colleges and Universities, public or private; Communications Towers; Grocery Stores, Carry-Out Food Stores and Convenience Stores; Liquor Stores; and Mini-Warehouses. The applicant intends to maintain the historic integrity of the structure, and no changes to the building or to the site layout are proposed. Based on the above, Staff recommends approval of this request subject to the submitted proffers listed below. 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. Page 3

4 Proffer 1: The Property is developed with the Carraway House substantially shown on that PHYSICAL SURVEY OF PARCEL DESIGNATED AS VIRGINIA CARRAWAY HICKS (AS SHOWN IN M.B. 140, PG. 1) VIRGINIA BEACH, VIRGINIA FOR JAMES E. OWENS & VIRGINIA L. OWENS, prepared by Rood & Smith, P.C. Land Surveyors, dated 07/01/06, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Physical Survey ). Proffer 2: The Property may be used for those uses (permitted or with an approved Conditional Use Permit) as allowed in the B-1A Zoning District under the Grantee s C.Z.O., with the following exceptions, which are not permitted: (a) Animal pounds, shelters or commercial kennels; (b) Building Mounted Antennas; (c) Colleges and Universities, public or private; (d) Communications Towers; (e) Grocery Stores, Carry-Out Food Stores and Convenience Stores; (f) Liquor Stores; or (g) Mini-Warehouses. Proffer 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 4: Further conditions may be required by the Grantee during detailed Site Plan 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 listed above are acceptable. 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 4

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