10 October 8, 2014 Public Hearing

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1 10 October 8, 2014 Public Hearing APPLICANT: THE STUDIO HAMPTON ROADS, L.L.C. PROPERTY OWNER: NORTH LANDING INVESTMENTS, L.L.C. STAFF PLANNER: Kevin Kemp REQUEST: Conditional Change of Zoning (Conditional O-1 Office District to Conditional B-1 Neighborhood Business District) ADDRESS / DESCRIPTION: 2513 North Landing Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 2.49 Acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background / Details The applicant requests to change the zoning on the subject property from Conditional O-1 Office District to Conditional B-1 Neighborhood Commercial District for the purpose of allowing a photography studio on the site. Photography studios are not a permitted use in the O-1 zoning district. On October 10, 2006, the property was rezoned from AG-2 Agricultural to Conditional O-1. A one-story, 4,714 square foot office building was constructed, and is now occupied by a dental office and law firm. During development, the existing residential structure on the site, constructed in 1939, was relocated and restored. This structure is where the applicant proposes to operate a photography studio. The applicant is proposing no changes to the exterior of the two-story, 1,344 square foot building. Photography sessions will be by appointment only, and the applicant states that most will be on the weekends. A typical weekend would have two to four appointments scheduled. The parking requirement for all of the uses on site is met by the 23 spaces provided on the site. Additionally, the submitted site plan shows an area for possible future expansion of the parking lot if it is needed. Page 1

2 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Dental and legal offices SURROUNDING LAND USE AND ZONING: North: North Landing Road Single-family homes (currently under construction) / PD- H2 (R-5D) Residential District South: Single-family homes (currently under construction) / R-5S Residential District East: Vacant parcel / AG-2 Agriculture District West: Single-family home / AG-2 Agriculture District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located in the Southern Watershed. There are no known significant natural resource features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within the Princess Anne Special Economic Growth Area (SEGA 4). Princess Anne SEGA 4 is located between the more urbanized region of the City to the north and the rural area of the south and west of the Transition Area. The general vision for this area is to maintain quality development, a planned mix of public and private uses, exceptional open spaces and to design with nature. More specifically, this site is within Historic Princess Anne Center, which includes the Virginia Beach Municipal Center/Court Complex and surrounding area. This area is planned to expand its role as a highly attractive destination with a balanced blend of residential, commercial and open space to complement the form and function of the Municipal Center, court complex and historic district. (pp. 4-1, 4-13 to 4-15) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There is no impact on traffic expected with this use. There are no Roadway Capital Improvement Program projects slated for North Landing Road in the vicinity of this application. EVALUATION AND RECOMMENDATION The applicant is requesting a Change of Zoning from Conditional O-1 Office to Conditional B-1 Neighborhood Commercial District for the purpose of operating a photography studio. This request is consistent with the land use policies outlined in the Comprehensive Plan for non-residential uses in the Page 2

3 Transition Area. Additionally, the proposed use supports the Historic Princess Anne Center and is compatible with the surrounding properties. Low intensity development is desired at this location, and as such, a proffer has been provided that limits the uses to photography studios, business studios, offices and clinics. Staff supports the applicant s proposal to use the former residential structure, constructed in A photography studio is an appropriate, low-intensity use for the structure. No changes to the exterior of the building are proposed, and the historic appeal of the building will be maintained. For the reasons stated above, Staff recommends approval of this request with the submitted proffers. The proffers are provided below. The proffers remain unchanged from the 2006 rezoning, with the exception of the addition of Proffer 5, which specifies the uses permitted on the property. 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 the Property is developed, it shall be developed substantially as shown on the exhibit entitled CONCEPTUAL SITE PLAN MAHANES OFFICE BUILDING North Landing Road, Virginia Beach, Virginia, prepared by Gallup Surveyors & Engineers, Ltd., dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Site Plan ) PROFFER 2: The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, MAHANES OFFICE BUILDING, prepared by Lyall Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 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: Any freestanding sign shall be monument style, no greater than six feet (6 ) in height with a base matching the material on the exterior of the Office Building. PROFFER 5: Only the following uses shall be permitted on the Property: a. Photography Studio; b. Business Studios, Offices and Clinics. Page 3

4 PROFFER 6: 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. The City Attorney s Office has reviewed the proffer agreement dated August 1, 2014, 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 4

5 AERIAL OF SITE LOCATION Page 5

6 PROPOSED SITE PLAN Page 6

7 PROPOSED PHOTOGRAPHY STUDIO Page 7

8 ZONING HISTORY # DATE REQUEST ACTION 1 02/11/2014 Change of Zoning (0-2 and AG-2 to Conditional R-5S) Approved 2 08/14/2012 Change of Zoning (PD-H2 (R-5D) to P-1) Approved 07/12/2011 Change of Zoning (B-1A and AG-1 to Conditional PD-H2 (R-5D)) Approved 3 10/10/2006 Change of Zoning (AG-2 to Conditional O-1) Approved 4 08/04/2004 Change of Zoning (AG-1 and AG-2 to Conditional PD-H2 (R-10)) Approved 5 07/03/2001 Use Permit (Child Care) Approved 09/09/1997 Use Permit (Church and Child Care) Approved 6 07/05/2000 Change of Zoning (AG-1 and AG-2 to O-2) Approved 7 05/24/1994 Use Permit (Group Home) Approved 8 01/12/1994 Change of Zoning (AG-2 to Conditional B-1A) Approved 9 11/10/1986 Use Permit (Restaurant) Approved 01/21/1974 Change of Zoning (*AG-1 to O-1) Approved Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10