Request Conditional Rezoning (Conditional B-2 Community Business to Conditional B-1A Limited Community Business) Staff Recommendation Approval
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- Ronald Sullivan
- 6 years ago
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1 Applicant & Property Owner Public Hearing July 12, 2017 City Council Election District Kempsville Agenda Item 7 Request Conditional Rezoning (Conditional B-2 Community Business to Conditional B-1A Limited Community Business) Staff Recommendation Approval Staff Planner Jonathan Sanders Location 317 S. Witchduck Road GPIN Site Size 0.8 acres AICUZ Less than 65 db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office / Conditional B-2 Community Business, Carraway House Historic and Cultural Overlay District, Historic Kempsville Area Overlay District Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-10 Residential South Shopping center / B-2 Community Business, Historic Kempsville Area Overlay District East South Witchduck Road City-owned open space / B-4K Historic Kempsville Area Mixed Use, Historic Kempsville Area Overlay District West Mixed retail, offices / B-2 Community Business, Historic Kempsville Area Overlay District Page 1
2 Background and Summary of Proposal The property is the location of the historic Carraway House, which is likely the oldest surviving structure in what was once the Village of Kempsville, and is now located within the Carraway House Historic and Cultural Overlay and the Historic Kempsville Area Overlay District. It is believed that the house was built around The house was moved to the current site in the 1960s from its former location on the east side of Princess Anne Road. In 1980, the subject site was rezoned from R-5 Residential to Conditional B-2 Community Business to allow for all uses in the R-5 District plus a retail shop use for the sale of antiques, antique reproductions, and related items and accessories. In 2006, after 10 years as a real estate office, the proffers were modified to additionally allow for business studios, offices and clinics. The applicant now requests to rezone the property to B-1A Limited Community Business District to enable additional uses on the site such as bakeries, delicatessens, business and vocational schools, beauty shops, laundry facilities, religious uses, and retail establishments. The applicant is not proposing any exterior changes to the building. CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure Zoning History # Request 1 MOD Approved 11/28/2006 CRZ (R-5 to Conditional B-2) Approved 1/14/ REZ (B-2 to B-4K) Approved 06/21/ REZ (B-2 to B-4K) Approved 08/27/ REZ (O-2 to B-4K) Approved 08/27/ REZ (O-2 to B-4K) Approved 05/19/2015 FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Comprehensive Plan Recommendations This site is located in Suburban Focus Area 3 - Historic Kempsville Area. City Council adopted the Historic Kempsville Area Master Plan in The Plan outlines the methods needed to implement land use, environmental, transportation and design improvements to accomplish the desired revitalization of this area. Development should adhere to the vision and goals cited, especially as they relate to the protection of adjoining stable neighborhoods. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant environmental resources present. Page 2
3 The property is located in both the Carraway House Historic and Cultural Overlay District and the Historic Kempsville Area Overlay District, as the Carraway House is possibly the oldest surviving structure in what was the village of Kempsville. It is believed that the house was built around The house was moved to the current site in 1960s from its former location on the other side of Princess Anne Road. The purpose of the historic overlay districts is to enhance the appearance of the areas encompassed by the districts and to help restore the vitality of Virginia Beach s important and historic locations. Modifications to the exterior of structures, demolition of structures, and the installation of signage are all reviewed by the Historical Review Board prior to the issuance of a Certificate of Appropriateness; however, no exterior renovations are proposed at this time. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Witchduck Road 28,855 ADT 1 14,800 ADT 1 (LOS 4 C ) Existing Land Use 2 22 ADT 27,400 ADT 1 (LOS 4 E ) Proposed Land Use 3-22 ADT 1 Average Daily Trips Public Utility Impacts 2 as defined by 2,000 square feet of general office building 3 as defined by 2,000 square feet of general office building 4 LOS = Level of Service Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The request to rezone this parcel from Conditional B-2 Community Business District to Conditional B-1A Limited Community Business District, which will expand the permitted uses on the site, will, in Staff s view, be compatible with the intent of the historic and cultural districts and with the surrounding commercial and residential land uses. The proffers specifically exclude the more intense uses of the B-1A District, such as Animal Pounds, Shelters or Commercial Kennels; Building Mounted Antennas; Colleges and Universities, public or private; Communications Towers; Grocery Stores, Carry-Out Food Stores and Convenience Stores; Liquor Stores; and Mini-Warehouses. The applicant intends to maintain the historic integrity of the structure, and no changes to the building or to the site layout are proposed. Based on the above, Staff recommends approval of this request subject to the submitted proffers listed below. 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. Page 3
4 Proffer 1: The Property is developed with the Carraway House substantially shown on that PHYSICAL SURVEY OF PARCEL DESIGNATED AS VIRGINIA CARRAWAY HICKS (AS SHOWN IN M.B. 140, PG. 1) VIRGINIA BEACH, VIRGINIA FOR JAMES E. OWENS & VIRGINIA L. OWENS, prepared by Rood & Smith, P.C. Land Surveyors, dated 07/01/06, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Physical Survey ). Proffer 2: The Property may be used for those uses (permitted or with an approved Conditional Use Permit) as allowed in the B-1A Zoning District under the Grantee s C.Z.O., with the following exceptions, which are not permitted: (a) Animal pounds, shelters or commercial kennels; (b) Building Mounted Antennas; (c) Colleges and Universities, public or private; (d) Communications Towers; (e) Grocery Stores, Carry-Out Food Stores and Convenience Stores; (f) Liquor Stores; or (g) Mini-Warehouses. 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: 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. 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 Existing Site Layout Page 5
6 Site Photos Page 6
7 Disclosure Statement Page 7
8 Disclosure Statement Page 8
9 Disclosure Statement Page 9
10 Disclosure Statement Page 10
11 Disclosure Statement Page 11
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More informationRequest Conditional Use Permits (Open-Air Market, Assembly Use) Staff Planner Robert Davis
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
More information3 July 13, 2011 Public Hearing APPLICANT / PROPERTY OWNER: MARQUETTE & ASSOCIATES, L.L.C. /G.S. DEVELOPERS, L.L.C.
3 July 13, 2011 Public Hearing APPLICANT / PROPERTY OWNER: MARQUETTE & ASSOCIATES, L.L.C. /G.S. DEVELOPERS, L.L.C. STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (AG-2 Agricultural
More informationRequest Conditional Use Permit (Forestry) Staff Planner Kevin Kemp
Applicant Property Owner City of Virginia Beach Public Hearing July 13, 2016 City Council Election District Beach Agenda Item 7 Request Conditional Use Permit (Forestry) Staff Planner Kevin Kemp Location
More informationConditional Rezoning (R-15 Residential District to Conditional R-10 Residential District) Staff Planner Stephen White
Applicant Property Owner Victory Baptist Church Public Hearing June 8, 2016 City Council Election District Princess Anne Agenda Item D1 Request Modification of Conditions (Reduction of area subject to
More informationADDRESS / DESCRIPTION: Northeast corner of Sandbridge Road and Atwoodtown Road ELECTION DISTRICT: PRINCESS ANNE
10 & 11 March 14, 2012 Public Hearing APPLICANT: MARLYN DEVELOPMENT CORPORATION PROPERTY OWNER: CORAL DEVELOPMENT, LLC STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Change of Zoning
More information12 & 13 January 8, 2014 Public Hearing APPLICANTS: JENNIFER FEDOROWICZ & CHRISTIE ROTHER
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
More information8 March 12, 2014 Public Hearing
8 March 12, 2014 Public Hearing APPLICANT: NEW CINGULAR WIRELESS PCS, L.L.C. PROPERTY OWNER: CYPRESS POINT ENTERPRISES, INC. STAFF PLANNER: Ray Odom REQUEST: A. Conditional Change of Zoning (from PD-H2
More informationStaff Planner Jimmy McNamara. Location 3736 & 3744 Shore Drive GPINs & Site Size 24,288 square feet AICUZ Less than 65 db DNL
Applicant Property Owner 3744 Shore Associates, LLC Public Hearing October 12, 2016 (Previously deferred 09/14/2016) City Council Election District Bayside Agenda Item D4 Requests Conditional Rezoning
More information2 April 9, 2014 Public Hearing
2 April 9, 2014 Public Hearing APPLICANT (Street Closure): EBENEZER BAPTIST CHURCH APPLICANT & PROPERTY OWNER (Use Permit Modification): EBENEZER BAPTIST CHURCH STAFF PLANNER: Kevin Kemp REQUESTS: A. Street
More information7 December 8, 2010 Public Hearing APPLICANT: CHURCH OF CHRIST
7 December 8, 2010 Public Hearing APPLICANT: CHURCH OF CHRIST PROPERTY OWNER: EMMANUEL E. HENRY REQUEST: Conditional Use Permit (religious use) STAFF PLANNER: Leslie Bonilla ADDRESS / DESCRIPTION: 404
More information22 September 12, 2012 Public Hearing APPLICANT: JAPANESE AUTO MASTERS, INC.
22 September 12, 2012 Public Hearing APPLICANT: JAPANESE AUTO MASTERS, INC. PROPERTY OWNER: JJJ PARTNERSHIP STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning approved
More informationD1 November 12, 2014 Public Hearing APPLICANT:
D1 November 12, 2014 Public Hearing APPLICANT: REQUEST: Conditional Use Permit for a farm stand in excess of 3,500 square feet ADDRESS / DESCRIPTION: 1076 Sandbridge Road STAFF PLANNER: Kevin Kemp GPIN:
More information1 November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC.
1 November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Change of Zoning (AG-1 & AG-2 Agricultural Districts
More information4 August 13, 2014 Public Hearing
4 August 13, 2014 Public Hearing APPLICANT & PROPERTY OWNER: LILLEL FARMS, INC. STAFF PLANNER: Kristine Gay REQUEST: Change of Zoning (Conditional PDH-2 with A-24 Apartment Zoning District to P-1 Preservation
More information19 June 9, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: KEMP ENTERPRISES, INC.
19 June 9, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: KEMP ENTERPRISES, INC. STAFF PLANNER: Karen Prochilo REQUEST: Change of Zoning District Classification, Conditional A-24 Apartment District
More information4 June 11, 2014 Public Hearing
4 June 11, 2014 Public Hearing APPLICANT: FRANKLIN JOHNSTON MANAGEMENT DEVELOPMENT, L.L.C. PROPERTY OWNER: TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH STAFF PLANNER: Stephen J. White REQUEST: Change of
More informationADDRESS / DESCRIPTION: Southside of Dam Neck Road, approximately 170 feet east of Southcross Drive
7 November 9, 2011 Public Hearing APPLICANT: MCQ BUILDERS, L.L.C. & KROLL ENTERPRISES II, L.L.C. PROPERTY OWNER: VILLAGE BEND, L.L.C. STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional
More information12 April 14, 2010 Public Hearing APPLICANT: BELIEVER S HOUSE WORLD WIDE MINISTRIES
12 April 14, 2010 Public Hearing APPLICANT: BELIEVER S HOUSE WORLD WIDE MINISTRIES REQUEST: Conditional Use Permit (church) PROPERTY OWNER: NEWTOWN SQUARE ASSOCIATES, LLC STAFF PLANNER: Carolyn A.K. Smith
More informationItem #1 Armada Hoffler Development Company, L.L.C. Conditional Change of Zoning 2101 Princess Anne Road District 7 Princess Anne December 12, 2012
Item #1 Armada Hoffler Development Company, L.L.C. Conditional Change of Zoning 2101 Princess Anne Road District 7 Princess Anne DEFERRED An application of Armada Hoffler Development Company, L.L.C. for
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