Request Modification of Proffers. Staff Planner Kristine Gay

Transcription

1 Applicant Taste Unlimited, LLC Property Owner More Wine, LLC Public Hearing January 13, 2016 Request Modification of Proffers Staff Planner Kristine Gay Location 4097 Shore Drive GPIN Zoning Conditional B-2 Business Shore Drive Overlay Election District Bayside Site Size 1.1 acres AICUZ Less than 65 db DNL Existing Land Use Restaurant with limited retail and an open air market Surrounding Land Uses and Zoning Districts North Shore Drive Single-family dwellings / R-10 Residential South Golf Course / R-7.5 Residential East Golf Course, open space / R-7.5 Residential West First Court Road Flag football field & nursing home / R-7.5 Residential Page 1

2 Background and Summary of Proposal The restaurant TASTE Unlimited has been operating at their Bayville Farms locations for over 30 years. For the majority of this time, the site was zoned R-7.5 Residential District and the restaurant was a legally nonconforming use. On July 2, 2013, the applicant rezoned the site to Conditional B-2 Business and purchased the property from the previous owner, Bayville Farms Associates. At that time, the applicant was also approved for a Conditional Use Permit (CUP) for an Open Air Market to allow for the sale of produce, pumpkins, and Christmas trees. As part of the proposal, the previous 2,320 square-foot building was replaced with the existing 4,657 square-foot building. Since the Conditional Rezoning and CUP, the business has continued to operate in substantially the same way as prior to the Conditional Rezoning and CUP, with the exception of the physical improvements. The applicant would now like to modify the previously approved proffers to allow for Live on the Lawn, live outdoor music, on Friday evenings during the summer season. The applicant was unaware that this additional use was not permitted under the existing proffers and began providing outdoor music last summer. The attended demographic consisted largely of families from the surrounding neighborhoods. A large number of attendees chose to bike or walk. Live on the Lawn is intended more for families, and in the past has started around 5:30 PM and ended around 8:00 or 9:00 PM. The modified Proffer #3 states that, The seasonal outdoor music shall be played no earlier than 12:00 P.M. [noon] nor later than 9:00 P.M. The site abuts a multi-use recreational path on the south side of Shore Drive. To accommodate the biking and walking customers, the applicant provided a gate in the existing fence to provide safer and more direct pedestrian access. Parking Background and Improvements: The previous site plan exhibit shows 36 parking spaces. TASTE s floor plan clearly specifies areas for retail and dining. The 1:100 parking ratio for a restaurant and the 1:250 parking ratio for retail was applied respectively based on the amount of square feet specified for each use. The outdoor dining area, and produce stand were included in that calculation. Since opening in November of 2013, the restaurant has experienced a high amount of visitors. Additionally, on the west side of First Court Road, a high number of vehicles will park during recreational leagues/tournaments. Many of the individuals attending the recreational events also walk across to TASTE. The vehicles have negatively impacted the trees, multi-use path, and traffic along First Court Road. It is not possible to determine whether TASTE customers, the football league, or construction vehicles are responsible for the damages. The applicant has previously offered to cover the costs of damages made by TASTE employees and customers; however, since it is not possible to determine who is responsible for damages, the City has not pursued this any further. Additionally, while TASTE met the parking requirement, in 2014, the applicant has since submitted a field change to the Development Services Center to provide 28 additional parking spaces to the south. As part of the current request for a Modification of Proffers, the applicant is again proposing to add 20 more parking spaces to the south for a total of 84 parking spaces. The applicant paved their parking lot using permeable pavers to meet the minimum parking requirements as part of the Conditional Rezoning in The additional 28 spaces that were provided in 2014 were made using a grass pave system and gravel. The 20 spaces proposed with this application will also be gravel. The additional parking spaces will continue to be enclosed with a white split rail fence, consistent with the rest of the development and adjacent property. There is existing landscaping between First Court Road and the parking area that will remain. Page 2

3 Zoning History # Request 1 CRZ Approved (07/02/2013) CUP Approved (07/02/2013) 2 CUP Golf Course, Approved (09/12/1992) CUP Satellite Parking, Approved (06/22/1999) 3 CUP Nursing Home, Approved (07/09/1996) CUP Outdoor Rec., Approved (12/10/2013) 1 3 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning 2 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 The site is located in the Shore Drive Corridor, a Suburban Focus Area as defined by the Comprehensive Plan. This area is considered a resort neighborhood and is the most densely populated residential area of the City. The inclusion of commercial uses and passive recreational and tourism, amenities in an appropriate and complementary fashion to residential areas is preferred for this area. Proposed Proffers The applicant is proposing that the previously approved proffers be replaced with the following: 1. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan designated as Exhibit B, entitled FIELD CHANGE OF SITE DEVELOPMENT PLAN OF TASTE AT BAYVILLE FARMS, Virginia Beach, Virginia, dated December 15, 2015, prepared by WPL (the Plan ), which Plan has been exhibited to the Virginia Beach City Council and a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Plan. Vehicular ingress and egress shall be situated as depicted on the Plan. 2. The architectural design, exterior material, and color of the building constructed or to be constructed on the Property are substantially as depicted on the two (2) elevations designated as in the Existing Proffers dated May 22, 2013, prepared by Robyn Thomas Architecture, PC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ( Elevations ). The exterior building materials are a combination of wood board and batten, with a standing seam metal roof. 3. The property shall be used for retail sales, a seasonal produce stand, and an eating, drinking establishment without a drive-through window and music, including seasonal outdoor music. The seasonal outdoor Page 3

4 music shall be played no earlier than 12:00 P.M. nor later than 9:00 P.M. Applicant shall provide a parking attendant on First Court Road during outdoor music performances. 4. The signage on the Property is currently designated as existing free standing sign and will remain after the development of the site. In the event the existing free standing sign is removed or replaced, the signage shall come into compliance with the applicable signage requirements of the B-2 zoning ordinance. 5. As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, the structure depicted on the building elevations titled Exhibit C to the Existing Proffers and dated May 22, 2013 may deviate from the maximum structure height established for this site by Section 904 of the City Zoning Ordinance. Section 904 restricts the maximum height of any use or structure located within one hundred (100) feet of an adjoining lot zoned Residential or Apartment district to 35 feet. Since the adjacent lot, zoned R-7.5 Residential, is not developed and is restricted from future development by a conservation easement, a deviation to the maximum height restriction will have no significant detrimental effect on that lot. The deviation to the maximum height shall be no greater than four (4) feet for a total maximum structure height of 39 feet. 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. 7. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. 8. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 9. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk s Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. 10. Bayville executes this Agreement to acknowledge the existence of the Modified Proffers. 11. Except as specifically referenced herein, the Existing Proffers are hereby superseded and of no further force and effect. Page 4

5 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. Evaluation and Recommendation This request would remove a proffer that was approved by City Council in The previous proffer stated that, The areas depicted on the Concept Plan which will not be occupied by the new building, patios (fenced or unfence), drive aisles, sidewalks, and parking areas are open spaces (the Open Spaces ) which shall be utilized as such. The proffered site plan accomplishes the same intent; therefore, the proffer was redundant and Staff recommends that it be removed. Since the previous City Council approval, proposed Proffer 1 has been updated with a new exhibit title. Proffer 3 has been modified to include the additional proposed use of outdoor music. Proffer 10 has been added and is a standard legally necessary proffer regarding the property owner s authorization. Proffer 11 has been added to clarify that the previous proffers are no longer in effect. Proffer 2 and Proffers 4 through 9 have remained consistent with the previous City Council approval. Parking Background and Improvements: Since opening, the applicant has provided additional tables in the front lawn that occupies 1,100 square feet in area. This results in a total of 5,757 square feet of restaurant/retail space. Considering that the site is proposed to have 84 parking spaces, the resulting parking ratio is 1 parking space for every 69 square feet. Further, if we were to include the entire front lawn area (3,757 square feet), the total area used would be 8,414 square feet. This would result in a parking ratio of 1 parking space for every 100 square feet. Thus, the most demanding parking requirement of the City Zoning Ordinance that is applicable to the property is still met. In addition to providing more parking spaces, the applicant has also proffered that a parking attendant will be provided during the Live on the Lawn events. This parking attendant will direct traffic onto the site to prevent parking on the west side of First Court Road. Recently, the Department of Public Works has also installed No Parking signs and Parks and Recreation is looking into further improvements, such as a split-rail fence to discourage illegal on-street parking and prevent further degradation of the multi-use path and trees. Staff finds the proposed proffers to be acceptable and recommends this request for approval. Page 5

6 Field Change Site Plan (from 2014) Page 6

7 Proffered Site Plan Page 7

8 Site Photos TASTE, 2011 TASTE, 2015 TASTE Parking Addition Page 8

9 Disclosure Statement Page 9

10 Disclosure Statement Page 10

11 Disclosure Statement Page 11

12 Page 12

13 Page 13

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