Request Conditional Use Permits (Open-Air Market, Assembly Use) Staff Planner Robert Davis

Transcription

1 Applicant Property Owner Burrows Family Revocable Trust Public Hearing September 14, 2016 City Council Election District Princess Anne Agenda Item 6 Request Conditional Use Permits (Open-Air Market, Assembly Use) Staff Planner Robert Davis Location 1791 Princess Anne Road GPIN Site Size 3.5 acres AICUZ db DNL Existing Land Use and Zoning District Single-family, retail, fuel sales / AG-2 Agricultural, B-2 Community Business Surrounding Land Uses and Zoning Districts North Indian River Road Single-family, equestrian facility, cultivated fields / AG-2 Agriculture, B-2 Community Business South Single-family, restaurant / AG-2 Agriculture, B-2 Community Business East Princess Anne Road Vacant Retail / Conditional B-2 Community Business West Police Mounted Patrol Facility / AG-2 Agriculture Page 1

2 Background and Summary of Proposal The applicant is requesting a Conditional Use Permit for an Open-Air Market to allow for the site to accommodate community events that will feature local vendors, food trucks, live art demonstrations, and live music by local performers. The applicant has had four such events that were permitted through the City s Special Events Office. The applicant will provide space for up to 34 vendors, primarily for local artists, crafters, and farmers selling seasonal produce on a weekly basis. Hours of operation are typically from 8:00 a.m. to 4:00 p.m. There will be no outside storage of materials prior to, or after the event. Access to the site is from two existing entrances along Princess Anne Road. One entrance is an asphalt driveway. The second entrance is an unimproved gravel driveway. Parking will be accommodated within the grassy areas around the existing driveway. Overflow parking will be available on the western portion of the site. Total parking on-site will be 59 spaces. The applicant has requested a waiver of asphalt pavement and curbing for the parking in the grassed areas. This request will be addressed during detailed site plan review should this request be approved. The applicant also requests a Conditional Use Permit for Assembly Use to allow for weddings and similar events on the property. The site will be closed to the public when reserved for weddings. These events will be limited to 150 guests and will typically take place between 9:00 a.m. to 11:00 p.m Zoning History # Request 1 CRZ (AG-2 to Conditional B-2) Approved 04/24/2012 CUP (Auto Service Station) Approved 04/24/ CUP (Art Gallery) Approved 10/14/ CUP (Auto Detailing) Approved 07/11/ CRZ (AG-2 to Conditional B-2) Approved 12/19/1988 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 subject property is located within the Rural Area and, more specifically, the Pungo Rural Village, the most recognizable gateway to the southern Rural Area of Virginia Beach. The Rural Area has a valued presence of existing agricultural and other rural-based economic activities. For these reasons, the City s Rural Area Preservation Plan serves to identify appropriate, fair and equitable planning policies that strengthen the rural lifestyle without diminishing the rural setting in the process. Key objectives of the plan are: 1) Preserve and promote vibrant agricultural economy; 2) Reinforce rural heritage and way of life; 3) Sustain natural resources for future generations; 4) Manage rural area development and design. Pungo s character is defined by the presence of small retail businesses, an equestrian center, privately-owned land and residences, the City s mounted patrol facility, and conservation areas. The Plan s Guidelines for Pungo Rural Village serve to help retain its village character and avoid uses and building/site designs that are not in keeping with its character. The following planning guidelines should be applied to development proposals within the Pungo Rural Village: Development proposals should reflect the existing rural character. Older buildings should be considered for adaptive reuse redevelopment opportunities. Owners of historic properties (buildings 50 years of age or more) should consider nomination for listing on the local, state and national historic registers in order to take advantage of the historic preservation tax incentive programs, as noted earlier in this chapter, to assist with historic building renovation. (p , 1-134, 1-135) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant environmental features on the site. The single-family house on the site was built in 1852 and is included in the City s Reconnaissance Architectural Survey Report prepared in May 1993 by Traceries. The house is in use as an art gallery and will remain unchanged. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 7,734 ADT 1 12,000 ADT 1 (LOS 4 D ) Indian River Road 6,062 ADT 1 13,600 ADT 1 (LOS 4 C ) Existing Land Use ADT Proposed Land Use ADT 1 Average Daily Trips 2 as defined by a 3,173 square-foot store 3 exact ADT cannot be determined due variable nature of the size of events 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This segment of Princess Anne Road is a two lane undivided road designated as a Rural Collector. There are no CIP projects scheduled for this portion of the roadway at this time. This segment of Indian River Road is a two-lane rural road and is classified as a Princess Anne Commons/Transition Area Parkway to be designed with an ultimate right-of-way up to four divided lanes to accommodate shared-use paths on each side, on-street bike lanes, landscaped median, and curb and gutter. This section is also included on the Map of Scenic Roads in Virginia and has been identified by the Commonwealth as part of the Green Sea Byway. There are no CIP projects scheduled for this portion of the roadway at this time. Page 3

4 Public Utility Impacts Water & Sewer City water and sanitary sewer is not available. The site is currently served by a Health Department approved private well and private septic system. Evaluation and Recommendation This Conditional Use Permit request for Open-Air Market and Assembly Use are generally consistent with the Comprehensive Plan s polices for the Rural Area. This proposal is consistent with the objectives of the City s Rural Preservation Plan and the recommendations for the Pungo Rural Village. The proposed Open-Air Market and Assembly Uses are compatible with the area s primarily rural commercial, residential, and agricultural related activities. The applicant has provided a plan that reflects thoughtful consideration of its surroundings and has worked with Staff in an effort to provide a high level of certainty in the implementation of their vision for these events. The Open-Air Market area will be located on the site of a 160 year-old house that the applicant leases as an art gallery. The grass areas on site provide ample space to accommodate parking. The applicant s parking management plan includes notifications for the general public prior to the events by providing: a) site map, instructions, and directions in the applicant s newsletter, social media pages, event pages, and websites; b) temporary directional signage posted along Princess Anne Road and throughout the site; and c) event staff to direct traffic. Restrooms will continue to be provided in the existing building and a restroom trailer will be bought in for the events. The site will be closed to the public when reserved for weddings and similar events. During use of the property as an Assembly Use, a professional valet service will manage cars and traffic control. A tent with a maximum size of 30 feet x 60 feet and luxury restroom trailers will also be provided. The house will be available for use by their clients. Event staff will remain on-site during all events. During Staff s meetings with the applicant, a process was developed by which all appropriate City agencies will remain actively involved in ensuring the safety of all the visitors and employees of the facility. For the reasons stated above, Staff recommends approval of this application as conditioned below. Recommended Conditions Open-Air Market 1. The activities held on the site, the number of vendors, and the location of food trucks shall be as depicted on the submitted layout plans which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. The Open Air Market shall be limited to the sale of works by local artists, crafts, homemade items, locally grown produce, locally prepared food products, and food trucks. The market shall not sell hard good type of items other than those indicated. Page 4

5 3. The traffic control plan and parking management during events shall be as detailed in the Evaluation and Recommendation section of this report. A Certified Traffic Monitor shall be onsite during the hours of operation of the Open Air Market to assist with traffic control. 4. Two handicap spaces shall be provided in the area adjacent to the structure, as per the submitted plan. These spaces shall comply with all ADA requirements. 5. All parking for the Open Air Market shall be on the property. 6. The Open-Air Market shall be limited to one-day events, twice a month, for ten months between the hours of 8:00 a.m. to 4:00 p.m. 7. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 8. In the event of inclement weather, or if inclement weather is imminent, which may threaten public safety, the Open-Air Market event shall be cancelled. 9. Prior to each Open-Air Market event, the applicant shall contact all appropriate City agencies as required including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department. 10. Subject to Section 221 (k) of the Zoning Ordinance, an annual review of the Open-Air Market Conditional Use Permit, based on the date of City Council approval shall be performed by the Planning Director of the Open-Air Market Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the uses is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. Assembly Use 1. Assembly Use events shall be limited 20 per year within the hours of 9:00 a.m. to 11:00 p.m. and shall be limited to 150 guests, or as otherwise determined by the Fire Marshall. 2. All parking for the Assembly Use shall be on the property. 3. No outdoor amplified music shall be permitted after 10:00 p.m. 4. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 5. Any outdoor storage of merchandise, stalls or other materials is prohibited. 6. Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permits. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the uses is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. Page 5

6 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 6

7 Proposed Site Layout Page 7

8 Proposed Site Layout Details Page 8

9 Proposed Overflow Parking Details P Page 9

10 Site Photos Page 10

11 Site Photos 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 Towne Bank Cross Collateralized Page 17

18 Disclosure Statement Page 18