3 April 9, 2014 Public Hearing

Transcription

1 3 April 9, 2014 Public Hearing APPLICANT: PROPERTY OWNER: BIRCHWOOD ASSOCIATES, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (assembly use) ADDRESS / DESCRIPTION: 329 Birchwood Park Drive GPIN: ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 2.38 acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for an assembly use within an existing 11,688 square foot building on property zoned O-2 Office District. Assembly uses are permitted in the Office zoning districts with a Conditional Use Permit. Specifically, the assembly use is for an event hall for private gatherings with catering. The building can accommodate up to 350 guests for events such as weddings, corporate functions, workshops, meetings and church events. Apparently, prior to the applicant s recent leasing of the property, private gatherings were held on the site and a small church entered into a lease for approximately 1,000 square feet of the building (no Conditional Use Permit is required for a church less than 4,000 square feet located within a building). Staff could find no record of a Conditional Use Permit for the Assembly Use; so, the applicant is submitting this request after the fact. According to City records, the existing building was constructed in 1960, prior to stormwater management and landscaping requirements. Existing fencing provides a screen from the parking lot to the adjacent residential properties to the north and east. The submitted survey depicts the existing building and the 125 on-site parking spaces set back nearly 600 feet from Virginia Beach Boulevard. The Zoning Ordinance requires for this use one parking space per 100 square feet of floor area of the building, which in this case results in a requirement of 116 spaces. Page 1

2 EXISTING LAND USE: Assembly use and small church LAND USE AND COMPREHENSIVE PLAN SURROUNDING LAND USE AND ZONING: North: Single-family dwellings / R-7.5 District South: Offices / O-2 Office District East: Single-family dwellings / R-7.5 District West: Offices / O-2 Office District NATURAL RESOURCE AND CULTURAL FEATURES: This site is within the Chesapeake Bay watershed. As the property was developed prior to landscape and stormwater management ordinances, the site is almost entirely impervious; therefore, there are no significant environmental or cultural features present. COMPREHENSIVE PLAN: The property is located within the Rosemont Strategic Growth Area (SGA). The Rosemont SGA Master Plan was adopted as a Comprehensive Plan amendment on September 13, The Rosemont SGA is envisioned as a transit-oriented residential village with complementary office and mixed-uses. More specifically, the Rosemont SGA Master Plan identifies the subject property to be within the Lynn Shores Redevelopment area. The Plan call for aging buildings at the end of their life-spans within Lynn Shores to be demolished and sites redeveloped on consolidated parcels as multifamily and single use retail buildings. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Birchwood Park Drive is a private street, with un-signalized access to the westbound lanes of Virginia Beach Boulevard, a fully built-out, eight-lane urban arterial. TRAFFIC: Street Name Virginia Beach Boulevard Present Present Capacity Volume 44,700 ADT 1 34,940 ADT 1 (Level of Service C ) 56,240 ADT 1 (Level of Service D ) Generated Traffic Existing Zoning ADT Proposed Land Use to 640 ADT 1 Average Daily Trips 2 as defined by a typical 11,688 square foot office building 3 as defined by assembly use (assuming 1.1 to 1.5 passengers per vehicle) Page 2

3 WATER & SEWER: This site is already connected to City water and sewer. There is an existing oneinch meter that may be used. There is an existing six-inch City water main in a 15-foot Public Utility easement along the southeast side of the property. EVALUATION AND RECOMMENDATION The maximum height permitted in the O-2 Office District is 75 feet. The existing one-story structure is a much better fit with the surrounding residences compared to a potential by-right six-story building as close as 20 feet from the property line. The Zoning Ordinance now requires a twenty-foot minimum yard along all lot lines adjoining Residential zoning districts with Category IV landscape screening (mix of evergreen trees and shrubs). As the property was developed in 1960, prior to these landscaping requirements, there is only a three-foot wide strip and a five-foot wide strip between the parking lot and the adjacent residential properties, which is inadequate room for large shrubs to grow tall enough to provide an adequate screen. Intermittently, some plant material exists beyond the privacy fence, in the rear yards of the residential properties. Without additional area between the parking lot and the fence and with the existing site conditions, at this time, a privacy fence provides the best barrier and screen possible. Staff recommends as a condition of approval that in the event the fence is removed or becomes dilapidated, the applicant be required to replace the fence. Rosemont SGA Master Plan identifies the subject property to be within the Lynn Shores Redevelopment Area. The Plan calls for ultimate development of the area into multi-family and retail buildings; however, in the short term, Staff believes that an assembly use within the existing building is compatible with the surrounding land uses. Also, in light of the fact that the building has been used over the years as an assembly use without incident and that there is adequate on-site parking available, Staff recommends approval subject to the conditions below. CONDITIONS 1. In the event that any portion of the existing privacy fence surrounding the property and adjacent to a residential district is removed or becomes dilapidated, the applicant shall install a solid fence, minimum six-feet in height, as a replacement. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official s Office for use of the existing building as an assembly use. 3. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall. Page 3

4 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 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 PHOTOGRAPH OF SITE LOCATION Page 5

6 SITE LAYOUT Page 6

7 SITE AND ADJACENT PROPERTY Page 7

8 PHOTOGRAPHS OF BUILDING AND SITE Page 8

9 1 ZONING HISTORY # DATE REQUEST ACTION 1 06/12/07 Conditional Use Permit (motor vehicle rental) Granted Page 9

10 DISCLOSURE STATEMENT Page 10

11 DISCLOSURE STATEMENT Page 11