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BRAVA, LLC Agenda Item 13 Page 1 13 October 10, 2012 Public Hearing APPLICANT/ PROPERTY OWNER: BRAVA, LLC STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for a commercial parking lot approved by the City Council on August 23, 2011. ADDRESS / DESCRIPTION: 2002 Pacific Avenue GPIN: 24271812640000 ELECTION DISTRICT: BEACH SITE SIZE: 5,011 square feet of new area 14,000 square feet total AICUZ: 65 dB – 70 dB DNL Sub-Area 1 On August 23, 2011, City Council approved a Conditional Use Permit for a commercial parking lot on a 9,000 square foot site located on the northwestern corner of the intersection of Pacific Avenue and 20 th Street. During the 2012 Resort Season, the applicant operated as a temporary commercial parking lot, installing improvements in accordance with temporary commercial parking lot standards, which included a crush and run surface treatment as well as landscape shrubbery along the street frontage. The applicant has purchased the adjoining 5,000 square foot lot to the north, and now desires to incorporate that lot into the commercial parking lot approved in 2011. To combine that new lot with the site of the existing commercial parking lot, a Modification to the Use Permit is required. As part of the Modification, the applicant is also seeking approval of revisions to the site plan that was approved with the August 23, 2011 Conditional Use Permit. A temporary commercial parking lot can only be approved for a one year period, and thus, the applicant is now ready to move forward with improvements that are more-permanent in nature, such as paving the lot. Due to the expense of paving the lot and the permanent nature of that improvement, the applicant is also SUMMARY OF REQUEST

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Page 1: 20121010-PLN-CUR-13-brava-mod - VBgov.com...Oct 10, 2012  · BRAVA, LLC Agenda Item 13 Page 1 13 October 10, 2012 Public Hearing APPLICANT/ PROPERTY OWNER: BRAVA, LLC STAFF PLANNER:

BRAVA, LLC Agenda Item 13 Page 1

13October 10, 2012 Public Hearing

APPLICANT/ PROPERTY OWNER:

BRAVA, LLC

STAFF PLANNER: Karen ProchiloREQUEST: Modification of a Conditional Use Permit for a commercial parking lot approved by the City Council on August 23, 2011. ADDRESS / DESCRIPTION: 2002 Pacific Avenue GPIN:

24271812640000 ELECTION DISTRICT:

BEACHSITE SIZE:

5,011 square feet of new area

14,000 square feet total

AICUZ: 65 dB – 70 dB DNL

Sub-Area 1

On August 23, 2011, City Council approved a Conditional Use Permit for a commercial parking lot on a 9,000 square foot site located on the northwestern corner of the intersection of Pacific Avenue and 20th Street. During the 2012 Resort Season, the applicant operated as a temporary commercial parking lot, installing improvements in accordance with temporary commercial parking lot standards, which included a crush and run surface treatment as well as landscape shrubbery along the street frontage. The applicant has purchased the adjoining 5,000 square foot lot to the north, and now desires to incorporate that lot into the commercial parking lot approved in 2011. To combine that new lot with the site of the existing commercial parking lot, a Modification to the Use Permit is required. As part of the Modification, the applicant is also seeking approval of revisions to the site plan that was approved with the August 23, 2011 Conditional Use Permit. A temporary commercial parking lot can only be approved for a one year period, and thus, the applicant is now ready to move forward with improvements that are more-permanent in nature, such as paving the lot. Due to the expense of paving the lot and the permanent nature of that improvement, the applicant is also

SUMMARY OF REQUEST

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requesting that the three year time limit attached as a condition to the 2011 approval be removed. The applicant recognizes that this surface parking lot is not the ultimate best use of the property, but desires removal of the time limit, allowing the market to determine when the lot will be redeveloped. Section 5.3.6 of the Oceanfront Resort District Form-Based Code indicates that commercial parking lots “shall conform to the provisions of Section 23-58 of the City Code, unless otherwise specified in the conditional use permit.” The applicant is asking to vary from the standard commercial parking lot requirements in the following ways:

a) An unstripped parking lot is proposed, as the applicant intends to operate the lot with valet parking. Valet parking will allow more cars to be accommodated on the lot as compared to a standard self-park lot.

b) Standard requirements call for a 10-foot wide landscape bed along all public roads, to be improved with perimeter landscaping, consisting of a combination of trees and shrubs. In the Resort Area, this landscape bed can be reduced to a width of five feet. The applicant’s revised site plan shows a three-foot wide landscape area along Pacific Avenue with an evergreen hedge. The three-foot wide landscape strip continues along 20th Street, and then widens to 12 feet for the western 14 feet of the site.

To allow the changes above, Conditions 1 and 2 of the 2011 Use Permit must be modified. Currently, those two conditions read as follows:

1. When the property is developed, the improvements shall be in substantial conformance with the plan entitled, “Conceptual Parking Lot Site Plan 20th Street & Pacific Avenue Virginia Beach, Virginia” prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated April 5, 2011, which has been exhibited to the City Council and is on file in the Department of Planning.

2. The site shall adhere to the requirements of the City Code Section 23-58 Commercial Parking Lots.

Condition 12 of the 2011 Use Permit sets the duration of the Conditional Use Permit at three years. The applicant is requesting that Condition 12 be deleted. The condition currently reads as follows:

The Conditional Use Permit is approved for three years from the date of City Council approval, with an annual review by the Zoning Administrator or her designee to insure compliance with the conditions of this use permit.

A variance was granted by the Board of Zoning Appeals (BZA) on August 1, 2012 to allow the freestanding sign located on the site to have a zero setback from 20th Street, rather than seven feet as required. The BZA found the variance to be appropriate since the required setback would have placed the sign in the actual parking lot. The sign has been erected in keeping with conditions attached to the variance. EXISTING LAND USE: This parcel being added to the parking lot area was formerly occupied by a barber shop, which has been demolished. SURROUNDING LAND USE AND ZONING: North: • Restaurant with drive-through & parking / RT-3 Resort Tourist

District

LAND USE AND PLAN INFORMATION

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South: • 20th Street • Municipal parking lot / RT-3 Resort Tourist District

East: • Pacific Avenue • Restaurant with parking / RT-2 Resort Tourist District

West: • Restaurant with parking / RT-3 Resort Tourist District NATURAL RESOURCE AND CULTURAL FEATURES:

The majority of the site is impervious with an old building footprint. There are no natural resources or cultural features associated with this site.

COMPREHENSIVE PLAN: This property is located in the Urban Area - Resort Strategic Growth Area (SGA) as identified by the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP), which was adopted as a Comprehensive Plan amendment in 2008. The Resort Area is recognized as an area where revitalization efforts continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (p. 2-28). The Comprehensive Plan calls for a centralized and shared parking strategy for the resort area to reduce surface parking, concentrate traffic flow and maximize traffic management (p. 2-30). More specifically, the site is located within the Central Beach District of the Resort SGA. Plans for this area call for a pedestrian-scale, mixed use entertainment district connecting the convention center with the heart of the beach (p. 2-19). The Comprehensive Plan also identifies the need for streetscape improvements in the Central Beach area and transit use promotion (p. 2-30).

CITY SERVICES

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This site borders both 20th Street and Pacific Avenue, but access is proposed only from 20th Street. In the vicinity of this application, 20th Street is a two-lane local street with on-street parking and an eighty-foot (80’) right-of-way width. No CIP projects are planned for this portion of 20th Street. Also in the vicinity of this site, Pacific Avenue is a four-lane, divided minor urban arterial with a sixty-foot (60’) right-of-way width. The City’s Master Transportation Plan indicates an ultimate right-of-way width of seventy feet (70’), but no CIP projects are currently planned for this portion of Pacific Avenue. TRAFFIC:

Street Name Present Volume Present Capacity Generated Traffic

20th Street No data available

6,200 ADT 1 (Level of Service “C”)

9,900 ADT 1 (Level of Service “D”/Capacity)

11,100 ADT 1 (Level of Service “E”)

Potential Land Use 2

– 338 ADT

Proposed Land Use 3

– No increase beyond

the ‘Potential’ above.Pacific Avenue 20,290 ADT 1

(2010)14,800 ADT 1 (Level of

Service “C”) 22,800 ADT 1 (Level of Service “D”/Capacity)

27,400 ADT 1 (Level of Service “E”)

1 Average Daily Trips 2 as defined by RT-3 zoning 3 as defined by RT-3 zoning

There are no Institute of Transportation Engineers (ITE) Trip Generation data for a commercial parking lot, as

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the parking lot itself does not generate trips. Trips are actually generated by the nearby land uses, and concentrated at the parking lot. The additional vehicular traffic allowed by the expanded parking lot area should not generate a significant number of additional trips to this location or present any traffic-related concerns on the surrounding roadway network. Additionally, the existing site plan appears to meet City of Virginia Beach Public Works Standards with regards to Traffic Engineering issues. STORMWATER: This site must comply with City stormwater quality and quantity standards. WATER: This site connects to City water. There is a 12-inch City water line in Pacific Avenue. There is a 16-inch City water line and a 6-inch City water line in 20th Street. SEWER: This site connects to City sanitary sewer. Analysis of Pump Station #003 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 6-inch City gravity sanitary sewer in 20th Street. FIRE: No Fire Department comments at this time. The applicant is asking to expand a commercial parking lot located within the Central Beach District of the Resort SGA and to modify the 2011 Conditional Use Permit approval. Staff recommends approval of the expansion and modifications, subject to the revised conditions listed below which will supersede the 2011 conditions and apply to the entire commercial parking lot. As detailed on page 2 of this report, the applicant is seeking two deviations from the requirements of Section 23-58 of the City Code. The applicant has requested (1) to reduce most of the required perimeter landscaping to a three-foot wide landscape bed and (2) to eliminate the required stripping of the parking spaces. Staff, however, is only amenable to the requested elimination of the stripping or the parking lot. Staff cannot recommend a deviation to the perimeter landscape requirement. Staff recommends that the standard five-foot wide planting area be provided to consist of a mix of trees and evergreen shrubs. With the elimination of the parking lot stripping and the increase in the number of vehicles that can be parked on the site, there is a corresponding need for increased adequate perimeter landscaping. Although commercial surface parking lots are generally inconsistent with the long term vision for the Resort Area, they are acceptable as an interim use while the real estate market rebounds from the Recession. The Comprehensive Plan’s Special Area Development Guidelines for Urban Areas does provide some recommendations for parking areas. These guidelines encourage, wherever possible, joining parking areas to create an internal circulation network and minimizing or eliminating curb cuts by sharing vehicular access with adjacent properties. The revised site plan does minimize the number of curb cuts for this entire 14,000 square foot parking lot to one on 20th Street.

CONDITIONS 1. Except as required by Condition 2, improvements shall be in substantial conformance with the plan

entitled, “Parking Lot Site Plan Ocean Horizons Properties, LC Virginia Beach Development Co. Virginia Beach, Virginia” prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated October 11, 2011 and revised April 24, 2012, which has been exhibited to the City Council and

EVALUATION AND RECOMMENDATION

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is on file in the Department of Planning.

2. Standard perimeter parking lot landscaping shall be required along Pacific Avenue and 20th Street to include a minimum five-foot (5’) wide planting bed with a combination of trees and evergreen shrubs.

3. The attendant kiosk shall be similar in design to the building elevations of the 4’-10” x 6’-7” Hardi-panel siding with vinyl corner trim submitted with the 2011 conditional use permit.

4. The gate shall consist of materials that are generally recognized as maintenance-free. A detail of the

gate shall be submitted with the final site plan for approval.

5. The hours of operation for the parking lot shall be identical to the hours of the City’s parking lots, as established by City Council, for publicly owned parking lots with the Resort Area.

6. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual.

7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during site plan review.

8. Trash receptacles shall be installed and maintained at the locations determined during site plan review.

9. Provide, at site plan review, a stormwater management plan for water quantity conveyance and

storage and water quality treatment in accordance with the City Site Plan and Stormwater Management Ordinances and Public Works Specifications and Standards.

10. Since this commercial parking lot will not be stripped, the lot shall be operated only when an attendant

is stationed on the site to valet park vehicles.

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.

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AERIAL OF SITE LOCATION

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SURVEY OF PROPERTY TO BE ADDED FOR ADDITIONAL PARKING

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PLAN APPROVED WITH 2011 USE PERMIT

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PROPOSED SITE PLAN

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ZONING HISTORY # DATE REQUEST ACTION 1 08/23/2011 Conditional Use Permit (Commercial parking lot) Approved 2 06/08/2004 Conditional Use Permit (Indoor recreational facility) Approved 3 03/13/2002 Conditional Use Permit (Religious facility

commercial parking lot) Approved

4 03/10/1998 Non-conforming Approved

4

1

2

3

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT