Request Conditional Use Permit (Open-Air Market) Staff Recommendation Approval. Staff Planner Robert Davis

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1 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 Staff Planner Robert Davis Location 4664 Princess Anne Road GPIN Site Size 20, square feet AICUZ Less than 65 db DNL Existing Land Use and Zoning District Vacant / PD-H1 Planned Unit Development Surrounding Land Uses and Zoning Districts North Mixed retail, restaurant / PD-H1 Planned Unit Development South Princess Anne Road Single-family dwellings / PD-H1 Planned Unit Development East Green Meadows Drive Convenience Store / PD-H1 Planned Unit Development West Single-family dwellings / PD-H1 Planned Unit Development Page 1

2 Background and Summary of Proposal The subject site is vacant and was formerly an automobile service station. The applicant, McDonald s Garden Market, is seeking a Conditional Use Permit to operate a 7,000 square foot seasonal, temporary, retail garden market. The temporary improvements include the assembly of shade canopies, a checkout kiosk, a split rail fence, and screening fabric. The market will be enclosed with the fence and the screen, which is a weather-proof fabric attached to poles mounted to the surface of the parking lot. The market is proposed to operate from March 1 st through July 31 st, between the hours of 8:00 a.m. and 8:00 p.m., seven days a week. The products offered for sale at the market include: annuals, perennials, trees, shrubs, garden supply items, garden accents, outdoor furniture, and planting containers. At the end of each season, all merchandise and improvements will be removed from the property. In accordance with Section 203 of the Zoning Ordinance, a 7,000 square foot Open-Air Market requires 28 parking spaces. The submitted layout depicts only eight spaces. It is the applicant s expectation that the property owner of this site will enter into a shared parking agreement with the property owner of the adjacent shopping center in order to comply with the minimum parking requirements of the Zoning Ordinance. 1 Zoning History # Request 1 CUP (Religious Use) Approved 04/10/2012 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 Page 2

3 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as the Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant natural resources or cultural features associated with the site. Public Utility Impacts Water & Sewer This site is currently connected to City water and sewer. No impacts to service are anticipated. Evaluation and Recommendation The seasonal use of this site for an Open Air Market is, in Staff s opinion, a good re-use of a former auto gasoline station that is otherwise a vacant site. Previously, a Peddler s Permit allowed the market to operate on this site, but as Peddlers Permits are short-term, a Conditional Use Permit is required for a permanent operation, albeit seasonal. The applicant operates similar garden markets throughout Virginia Beach. The components of the markets are essentially the same: the installation of a shade structure, a sales kiosk/shed and low-height split-rail fence with fabric. As submitted with this request, the signage depicted on the fabric proposed to aid in screening the merchandise may exceed the City s sign regulations. Staff is recommending a condition that the sign and graphic information be submitted to the Zoning Administrator for review prior to installation of the fence to ensure consistency with the Zoning Ordinance. According to Traffic Engineer Staff, the requested use is not expected to negatively impact traffic flow along Princess Anne Road and Green Meadows Drive. Staff finds that the seasonal market is complementary to and compatible with the surrounding uses. The garden market is expected to generate less traffic than the former auto service station. Staff believes that the request is consistent with the recommendations in the Comprehensive Plan s land use policies for the Suburban Area, as it provides a temporary infill use of an otherwise vacant site, has limited environmental impacts, and will be an attractive display. Based on this, Staff recommends approval, subject to the conditions below. Recommended Conditions 1. The layout of the seasonal market shall be limited to 20,208 square feet and shall be located on the site in substantial conformance with the concept plan entitled, Proposed Site Plan, prepared by McDonald Garden Market, dated 01/23/2017, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. As required by Section of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area, all trash receptacles shall be emptied regularly so as not to overflow, Page 3

4 and litter and debris shall be not be allowed to accumulate. 3. The Open-Air Market shall be limited to the operation between the months of March to August and shall be open seven days a week between 8:00 a.m. to 8:00 p.m. 4. All signage on the site, including any signage or graphics on the fabric screen and fence, shall be in compliance with the sign regulations of the Zoning Ordinance, and shall be submitted to the Zoning Administrator for review prior to installation. 5. The applicant shall construct the shed/kiosk in accordance with the submitted Engineer s Report / Certification Letter prepared by Gregory M. Gerling, P.E., and shall be presented to the Building Official s Office prior to issuance of a building permit. 6. Certification that the canopy design meets all applicable code requirements shall be submitted to the Building Official s Office, prior to the issuance of a building permit, by a professional engineer licensed by the Commonwealth of Virginia, or by any other professional deemed acceptable by the Building Official s Office. 7. If the parking spaces on the adjacent parcel are used in order to meet the minimum parking requirements set forth in the Zoning Ordinance, a shared parking requirement shall be recorded in conformance with Section 203 of the Zoning Ordinance. 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

5 Proposed Site Layout Checkout Kiosk Parking Princess Anne Road Page 5

6 Proposed Signage and Fencing Page 6

7 Proposed Signage and Graphics Page 7

8 Proposed Shed/Kiosk Page 8

9 Photographs of Typical Operation Page 9

10 Site Photos Page 10

11 Disclosure Statement X Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14

15 Disclosure Statement Page 15

16 Disclosure Statement Page 16

17 Disclosure Statement Page 17