12 & 13 January 8, 2014 Public Hearing APPLICANTS: JENNIFER FEDOROWICZ & CHRISTIE ROTHER

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1 12 & 13 January 8, 2014 Public Hearing APPLICANTS: JENNIFER FEDOROWICZ & CHRISTIE ROTHER PROPERTY OWNER: TROY SCOGGIN STAFF PLANNER: Kristine Gay REQUESTS: 12. Conditional Change of Zoning from Conditional O-1 to Conditional B Conditional Use Permit (Specialty Shop) ADDRESS / DESCRIPTION: 2310 Princess Anne Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 13,989 square feet AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL The applicants request rezoning of the existing property from Conditional O-1 Office District to Conditional B-1 Business District, to allow use of a portion of the building as a yoga studio. The applicants also request a Conditional Use Permit to allow use of a portion of the building for a Specialty Shop for the sale of stand-up paddle boards. Section 111 of the Zoning Ordinance specifically calls out Specialty Shops as a use, separate from Retail Sales, for shops less than 3000 square feet in area that cater to a particular market and sell goods that are not available in general retail stores. Specialty Shops are allowed in the B-1 Business District with a Conditional Use Permit. In 2007, the property owner of the subject site requested a rezoning from R-20 Residential District to Conditional O-1 Office District, as well as a Floodplain Variance to Section 5B of the Site Plan Ordinance. City Council approved the request subject to the associated proffers. Said proffers included substantial conformance to the submitted site plan. The site plan (included near the end of this report) called for the parking lot to be paved with permeable pavers after the compacted gravel was removed as well as landscaping that exceeded the minimum requirements. Page 1

2 Currently, there is a two-story 2,089 square foot structure located just west of the center of the site. To the east of the structure is a gravel parking lot consisting of 10 spaces. There is one vehicular access point off of Princess Anne Road. While the site is bordered by wooded area to the west, north, and east, vegetation on the site consists of a few mature evergreens along the west lot line, and minor foundation landscaping along the front façade. No alterations to the exterior of the building are proposed. The applicant proposes altering the originally approved plan to call for only the minimum required area to be paved with permeable pavers to allow ADA compliant access as well as only the minimum landscaping requirements to be met. A preliminary site plan showing the proposed minimum requirements is included in this report. Yoga classes and yoga therapy will be offered three times a day Monday through Friday, one in the morning, afternoon, and evening. During the weekends, classes would be limited to the morning hours only. Each class would be minutes long, and up to ten people will attend. Yoga classes will take place on the second floor. The Specialty Shop for the sale of stand-up paddle boards will be on the first floor. During the summer, the Specialty Shop will be open six to seven days a week between the hours of 11:00 am and 6:00 pm. During the winter, hours of operation will be limited to Thursday through Sunday, between the hours of 12:00 noon to 6:00 pm, and by appointment. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office Use, Vacant Building SURROUNDING LAND USE AND ZONING: North: Single Family / R-20 Residential District South: Princess Anne Road Retail / B-2 Community Business District Single-family dwellings/ AG-2 Agriculture District East: City Owned Vacant Property/ B-2 Community Business District West: City Owned Vacant Property / R-20 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located entirely in flood zone AE. There are no known cultural features on this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. 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 (pp. 3-1, 3-2.). The conditional rezoning requested is consistent with the Comprehensive Plan s policies and land use goals for the Suburban Area. However, it is recommended that a landscape package be incorporated to enhance the aesthetic appearance of the site and that the parking be located to the side and rear of the site to improve appearance and lot function. In addition, given the site location within a floodplain, any proposed site Page 2

3 improvements which vary from the previously approved floodplain variance should be designed to mitigate any impacts to net floodplain storage. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This segment of Princess Anne Road is a two lane suburban minor arterial. There is an ongoing CIP project, # Seaboard Road, to widen Seaboard Road from Princess Anne Road to an intersection with Nimmo Parkway, which is under construction as CIP Project Nimmo Parkway Phase V-A (VDOT). The end result of these two projects, which are both scheduled for completion in the summer of 2014, will be a bypass of this segment of Princess Anne Road and a significant drop-off in volumes on Princess Anne Road due to the diversion of most through traffic to Nimmo Parkway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 22,000 ADT 1 15,000 ADT 1 (Level of Service D ) 16,200 ADT 1 (Level of Service E ) Existing Land Use 2 22 ADT Proposed Land Use 3 92 ADT 1 Average Daily Trips 2 as defined by Office Use 3 as defined by Specialty Retail Center WATER: This site currently connects to City water. The existing 5/8-inch meters (City ID # ) can be used or upgraded to accommodate the proposed development. There is an existing 16-inch City water main on Princess Anne Road. SEWER: There is an existing 8-inch City vacuum sanitary sewer main on Princess Anne Road. The site currently connects to city sanitary sewer. Analysis of Pump Station #627 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION The applicants would like to teach yoga classes and yoga therapy as well as run a Specialty Shop for the sale of stand-up paddle boards within the existing structure on a property currently zoned Conditional O-1 Office. To allow these uses on site, Staff recommended the applicants to apply for a Conditional Rezoning of the property to B-1 Business to allow the yoga studio by-right as well as a Conditional Use Page 3

4 Permit to allow the Specialty Shop. The subject property is 1/3 of an acre in size and is located entirely in Flood Zone AE. The sole vehicular access point is less than 200 feet west of the intersection of Seaboard Road and Princess Anne, which may make exiting the property to head east on Princess Anne difficult. For these reasons, Staff recommended the Conditional Rezoning to B-1 Business District as opposed to the surrounding B-2 Business District. The B-1 Business District does not permit the use of Retail Establishments or Drive- Through Eating Establishments by-right. These two uses are allowed by-right in the B-2 Business District. Given the size, location, and access of the site, uses permitted under B-1 are more appropriate. In 2007, City Council approved a Floodplain Variance to Section 5B of the Site Plan Ordinance. At that time, Staff recommended the installation of pavers, and waiving the requirement for curb, gutter, and concrete or asphalt parking lot surface to reduce the impervious area by over ten (10) percent and therefor mitigate impacts on the floodplain. Due to a lack of tenants and resources, the applicant has been unable to make the recommended improvements. Staff has revisited the site and with the approval of the City Building Official, is in support of reducing the scope of the permeably paved area to approximately 514 square feet to allow ADA compliant access to the building. The remainder of the parking lot will remain as is. For these reasons and due to the projects consistency with the Comprehensive Plan, Staff recommends approval of this request with the submitted proffers, provided below, and with the conditions below. 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: The property shall be developed substantially as shown on the exhibit entitled Preliminary Site Plan, Mr. Troy Scoggin- Rezoning of 2310 Princess Anne Road, prepared by Blakeway Corporation, which has been exhibite to the Virginia Beach City Council ( City Council ) and is on file with the Virginia Beach Department of Planning ( Planning Department ) PROFFER 2: 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. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney s Office has reviewed the proffer agreement dated December 13, PROFFERS Page 4

5 CONDITIONS 1. All signage shall be approved by the City Zoning Administrator. 2. All landscaping shall meet the minimum requirements as defined by the City Landscape Ordinance. 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 5

6 AERIAL OF SITE LOCATION Page 6

7 STREET VIEW OF THE SITE Page 7

8 PROFFERED PRELIMINARY SITE PLAN Page 8

9 ORIGINAL PRELIMINARY SITE PLAN APPROVED IN 2007 Page 9

10 PROFFERS ( PAGE 1/5) Page 10

11 PROFFERS (PAGE 2/5) Page 11

12 PROFFERS (PAGE 3/5) Page 12

13 PROFFERS (PAGE 4/5) Page 13

14 PROFFERS (PAGE 5/5) Page 14

15 ZONING HISTORY # DATE REQUEST ACTION 1 08/10/99 Floodplain Regulation Variance Zoning Change (AG-2 & B-2 to B-2) Denied Denied 2 01/23/89 Street Closure Withdrawn 3 08/10/99 Subdivision Variance Zoning Change (AG-1, AG-2, & R-20 to Conditional R-10) Granted Granted 4 01/23/89 Zoning Change (AG-2 to B-2) Denied 5 04/25/00 Conditional Use Permit (expansion of existing borrow pit) Granted Page 15

16 CONDITIONAL REZONING DISCLOSURE STATEMENT Page 16

17 CONDITIONAL REZONING DISCLOSURE STATEMENT Page 17

18 CONDITIONAL USE PERMIT DISLCOSURE STATEMENT Page 18

19 CONDITIONAL USE PERMIT DISCLOSURE STATEMENT Page 19