Staff Recommendation Approval. Staff Planner Carolyn A.K. Smith

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1 Applicant & Property Owner Public Hearing October 11, 2017 City Council Election District Lynnhaven Agenda Item D1 Requests Conditional Rezoning (B-2 Community Business & R-7.5 Residential Districts to Conditional B-4(SD) Mixed-Use (Shore Drive Overlay) & P-1 Preservation Districts) Conditional Use Permit (Multi-Family Dwellings in the Shore Drive Overlay) Conditional Use Permit (Commercial Marina) Staff Recommendation Approval Staff Planner Carolyn A.K. Smith Location 2100 Marina Shores Drive GPINs , and a portion of Site Size acres AICUZ Less than 65 db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Marina with indoor boat storage & wet slips, restaurant / B-2 Community Business (Shore Drive Overlay Surrounding Land Uses and Zoning Districts North Single-family dwellings, vacant upland, marsh / A-12 Apartment, Conditional A-36 Apartment, R-7.5 Residential South Long Creek, Single-family dwellings / R-10 Residential East Single-family dwellings / R-10 Residential West North Great Neck Road, Mixed retail / Conditional B- 2 Community Business Page 1

2 Background and Summary of Proposal The applicant is requesting to change the zoning classification of an acre site from B-2 Community Business District and R-7.5 Residential District to Conditional B-4 (Shore Drive Overlay) Mixed Use District (13.78 acres) and P-1 Preservation District (4.61 acres), respectively. As required for property zoned B-4 in the Shore Drive Overlay, a Conditional Use Permit is requested for Multifamily Dwellings, in order to redevelop approximately 14 acres of the site with up to 200 apartment units. As the existing marina was developed prior to the Zoning Ordinance necessitating a Conditional Use Permit for such a use, a second Conditional Use Permit is requested for a Commercial Marina. The existing marina will continue to operate on the site, noting that no sale of fuel is proposed. The applicant intends to remove the dry storage and boat repair buildings; the fuel pumps; the retail sales areas; the restaurant/event space and the office units in the main building. All of these uses currently occupy portions of the site. The existing wet slips, swimming pool, and stand-alone restaurant (currently the Surf Rider Restaurant) will all remain. The concept plan depicts two, four-story buildings with up to 200 luxury apartments, a new swimming pool and open space areas. The plan also depicts space for a second, 4,500 square-foot restaurant adjacent to Long Creek. The proffers require that any new restaurant structure be compatible with the coastal architectural style and materials of the proposed apartment buildings, with review by the Planning Director. The proffered elevations depict four-story buildings of 68 feet in height with a mix of exterior building materials of brick and cement fiber board shingles, lap siding and vertical board and batten. The Zoning Ordinance does permit a height of up to 120 feet for property adjacent to the A-36 Apartment District, which is the zoning of the neighborhood to the north. Vehicular access to the property will be via an existing private drive that has deeded ingress/egress to the subject site and is currently used to serve the 18-acre property. The Zoning Ordinance requires a minimum of 546 parking spaces; however, only 480 spaces are shown on the plan. The applicant is seeking authorization to reduce the total maximum number of off-street parking spaces required for all of the uses on the Redevelopment Parcel through the use of shared parking and a recorded shared parking agreement. The conclusions of the study indicate that the reduction is warranted, as the 480 parking spaces proposed will meet the peak parking demands during the summer months (460 spaces during the weekday and 480 spaces during the weekend). It should be noted that there are 49 single-car garages planned, with a driveway capable of parking one vehicle outside of the garage. These interior garage spaces are not included in the parking count, but will be available for use by the occupants of the apartment units. While up to 49 individual single-car garage spaces are proposed within the apartment buildings, the Zoning Ordinance does not permit the parking space within the garage to be counted towards meeting the minimum parking requirement. Practically speaking, the number of parking spaces available is 529, which is 17 less than the 546 spaces required for all of the uses on the entire 18-acre site. Page 2

3 The concept plan depicts the installation of a solid fence along the property lines adjacent to the single-family dwellings to the north (zoned A-36) and the City-owned property to the north and east (zoned A-12 and R-7.5). The required Category IV buffer is depicted along the northern property line, to provide screening to the singlefamily dwellings to the north. A deviation to the required Category IV buffer is requested along the property lines adjacent to the City-owned properties. The installation of the fence will serve to screen the dredge materials that from time-to-time are placed on that site to the apartments proposed on the applicant s site. The applicant has proffered to rezone the residentially zoned parcel to P-1 Preservation District and to convey the Preservation Parcel to a non-profit conservation entity with a deed restriction prohibiting any future development of this undeveloped marshland Zoning History # Request 1 REZ (A-36 to B-2) Approved 10/09/ CRZ (A-1 to Conditional A-4) Approved 07/07/1987 CUP (Housing for Seniors) Denied 02/25/1985 REZ (A-1 to B-4) Denied 02/25/ CRZ (A-1 to A-4) Denied 02/25/ STC Approved 02/08/ CUP (Outdoor Recreation) Approved 05/09/ CUP (Recreational Facility) Approved 09/11/1991 CRZ (R-6 & A-1 to Conditional B-2) Approved 06/01/1987 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. 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 buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. Much of the property is located in the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area. As the site is developed with a marina, a restaurant and parking areas, the redevelopment of the property will be within the existing impervious footprint and will not require review by the Chesapeake Bay Preservation Area Board. Page 3

4 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic North Great Neck Road 27,000 ADT 1 32,500 ADT 1 (LOS 5 C ) 37,100 ADT 1 (LOS 5 E ) Lynnhaven Drive No Data Available No Data Available 1 Average Daily Trips 2 as defined by existing retail, marina & restaurant 3 as defined by approved site plan with office space, restaurants & boat slips 4 as defined by boat slips, 2 restaurants & 200 apartments Existing Uses on site 2 3,368 ADT Approved site plan uses 3 9,214 ADT Proposed Land Uses 4 3,088 ADT 5 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) North Great Neck Road is a four-lane divided major suburban arterial. The MTP proposes a divided facility with a bikeway within a 120-foot right-of-way. No roadway CIPs are slated in the vicinity of this site. Lynnhaven Drive is a two-lane undivided local street. No roadway CIPs are slated for this area. It should be noted that the ITE Trip Generation Manual includes a Marina land use that assumes that the boat berths are wet slips, which likely generate more daily trips than dry slips. There is no category identified in the manual as dry slips. For the purpose of providing information on the existing verses proposed average daily trip generation, Traffic Engineering Staff accepts that the trip generation for the existing 200 wet slips and 630 dry slips are combined to be considered as a Marina. Based on this, Staff believes that the actual existing trips generated by the marina are less than the 3,368 ADT included in this report. Public Utility Impacts Water The site is currently connected to City water. There is an existing six-inch private water main serving the existing development. The private system connects to a six-inch City water main service line extended to the property from Lynnhaven Drive. There is an existing two-inch meter that may be used or upgraded to accommodate the proposed development. Separate water meters will be required for the commercial (nonresidential) and the residential (apartments) components of the development. Sewer This site is currently connected to City sewer. There is a two-inch private sanitary sewer force main and an eight-inch private gravity sanitary sewer main serving the existing development. The private system discharges to a public sanitary sewer manhole located in Lynnhaven Drive. Analysis of City pump station #273 will be required to ensure that the proposed sanitary sewer flows can be accommodated. School Impacts School Current Enrollment Capacity Generation 1 Change 2 John B. Dey Elementary Great Neck Middle 1,175 1, Frank T. Cox High 1,784 1, Generation represents the number of students that the development will add to the school. Page 4

5 2 change represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Evaluation and Recommendation This proposal for a Conditional Rezoning from B-2 Community Business District & R-7.5 Residential District to Conditional B-4 (SD) Mixed-Use District (Shore Drive Overlay) & P-1 Preservation District; and Conditional Use Permits for Multi- Family Dwellings in the Shore Drive Overlay and a Commercial Marina is, in Staff s opinion, consistent with the Comprehensive Plan s vision for the Suburban Area as it will lead to compatible residential infill development adjacent to an established neighborhood. The submitted elevations depict vernacular apartment buildings with coastal colors and accents that will, in Staff s view, be an attractive complement to the surrounding area. Outdoor amenity areas are conveniently placed to provide maximum accessibility for residents. The proposed uses are anticipated to generate less traffic than what would typically be expected with the existing uses. According to Traffic Engineering Staff, the existing uses of a marina, restaurant, retail could generate up to 3,368 average daily trips. Furthermore, a site plan was approved in 2008 that would permit the construction of an office building and restaurants that, in conjunction with the existing marina, could generate over 9,000 average daily trips, which is approximately three times the expected impact of the proposed uses. The applicant is proposing to dedicate an easement to the residents of the Cape Story by the Sea and Cape Henry Subdivisions, to allow them use the parcel to be rezoned to P-1 Preservation District for water access by non-motorized boats, such as kayaks and canoes. Also, as per the proffer agreement, the parcel conveyed to a non-profit organization to ensure protection from future development. The applicant has worked with Staff to ensure that these actions will not restrict or impact the City or the United States Army Corps of Engineers dredge operations, as the City owns an access easement on a portion of this parcel. As previously stated, the uses proposed will be deficient of the required 546 parking spaces. The applicant submitted a parking study, which has been reviewed and approved by the Zoning Administrator, to permit a shared parking arrangement between the uses. The proposal permits a reduction in the number of parking spaces to 480, as depicted on the site layout. The Zoning Ordinance does not permit the 49 parking spaces proposed within the garages to be counted towards meeting the minimum parking requirement. Practically speaking, the number of parking spaces available is 529, which is just 17 less than the 546 spaces required for all of the uses on the entire 18-acre site. The Bayfront Advisory Commission was briefed twice on the request, Staff has not received any concerns from this Commission. Based on the considerations above, Staff recommends approval of the request with the submitted proffers and recommended conditions 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 5

6 Proffer 1: The Redevelopment Parcel shall be developed in substantial conformity with the exhibit entitled Marina Shores Virginia Beach, VA, prepared by Timmons Group ( Conceptual Site Plan ) dated August 28, 2017, which has been exhibited to City Council and is on file with the Planning Department. Proffer 2: The architectural design and building materials of the multi-family dwelling units built on the Redevelopment Parcel shall be substantially compatible with the architectural style and materials depicted on the exhibit entitled Marina Shores Virginia Beach, VA, prepared by Poole and Poole Architecture, LLC, dated November 10, 2015, which have been exhibited to City Council and are on file with the Planning Department (collectively, Elevation Plans ). Proffer 3: All structures constructed on the Redevelopment Parcel shall be subject to a maximum height limit of sixty-eight (68) feet and shall be substantially compatible with the coastal architectural style and materials depicted on the Elevation Plans. Elevations of the proposed non-multifamily structure(s) to be built on the area depicted on the Conceptual Site Plan as Restaurant shall be submitted to the Planning Director to determine compliance with this requirement. Proffer 4: There shall be no more than two hundred (200) multi-family dwelling units on the Redevelopment Parcel. Proffer 5: An HVAC unit for each dwelling unit will be concealed within a well on the roof of the applicable building in which such dwelling unit is located. Proffer 6: Other than eating and drinking establishments, boat sales, specialty shops, outdoor cafes, retail establishments, recreation and amusement facilities of an outdoor nature (with a conditional use permit), personal watercraft rentals (with a conditional use permit) and the conditional uses authorized in conjunction with the conditional use permits for multi-family dwellings and the commercial marina (excluding fuel sales and dry boat storage) granted by City Council contemporaneously with GRANTOR S conditional rezoning request, no other B-4 (SD) Mixed Use District uses shall be permitted on the Redevelopment Parcel. Proffer 7: In the event that the existing restaurant and marina pool areas depicted on the Conceptual Site Plan are redeveloped with new structure(s), the architectural design and building materials of said new structure(s) shall be substantially compatible with the coastal architectural style and materials depicted on the Elevation Plans. Elevations of any proposed structures to be built on the existing restaurant and marina pool areas depicted on the Conceptual Site Plan shall be submitted to the Planning Director to determine compliance with this requirement. Proffer 8: All lighting on the Redevelopment Parcel shall be limited to that necessary for security purposes and to comply with applicable laws and shall be shielded to prevent glare and spillover onto adjacent properties. Proffer 9: The Preservation Parcel shall not be developed in any manner and shall be preserved in its natural state. No portion of the Preservation Parcel shall at any time be used for a dredge material disposal management area or a dredge material transfer site; provided, however, that those activities expressly authorized pursuant to the Deed dated August 18, 1986, recorded in the Clerk s Office in Deed Book 2552, Page 1608 ( 100 Perpetual Easement ) will be allowed, but only within the portion of the Preservation Parcel encumbered by the 100 Perpetual Easement, as depicted on the Survey Exhibit ( Easement Area ), and nothing herein shall be interpreted as modifying the City s existing rights to use the Easement Area. Page 6

7 Proffer 10: Prior to conveying title to the Preservation Parcel, in the manner addressed in Proffer #11, below, GRANTOR shall convey an easement to the owners of lots within the Cape Story by the Sea and Cape Henry Subdivisions, and their tenants, guests and invitees, for pedestrian ingress/egress and access over, across and through the Preservation Parcel from Wake Forest Street for the purpose of launching non-motorized boats and watercraft. Boat and watercraft storage of any kind shall be expressly prohibited. Proffer 11: Within eighteen (18) months of the Effective Date, GRANTOR shall convey the Preservation Parcel to a non-profit entity, subject to the above-referenced pedestrian access easement, and with a deed restriction prohibiting future development of the Preservation Parcel. Proffer 12: The existing marina shall not be expanded. Proffer 13: Further conditions lawfully imposed by development ordinances may be required by the GRANTEE during detailed site plan review and administration of applicable City Codes by City agencies and departments to meet all applicable City Code requirements. Proffer 14: The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. Recommended Conditions (Multi-Family Dwellings in the Shore Drive Overlay) 1. All provisions set forth in the proffer agreement related to the apartment building elevations and site layout shall serve as conditions of this Conditional Use Permit. Recommended Conditions (Commercial Marina) 1. The sale of fuel and the provision of dry-dock storage of boats shall be prohibited on this property. 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 7

8 Site Survey Page 8

9 Proposed Site Layout Page 9

10 Proposed Site Layout Close Up Page 10

11 Proposed Elevations Page 11

12 Proposed Elevations Page 12

13 Proposed Elevations Page 13

14 Proposed Elevations Page 14

15 Site Photos Page 15

16 Disclosure Statement Page 16

17 Disclosure Statement Page 17

18 Disclosure Statement Page 18

19 Disclosure Statement Page 19

20 Disclosure Statement Page 20