Request Conditional Use Permit (Farm Stand) Staff Planner Kevin Kemp

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1 Applicant Property Owner Potter Properties Group, LLC Public Hearing February 10, 2016 City Council Election District Lynnhaven Agenda Item 5 Request Conditional Use Permit (Farm Stand) Staff Planner Kevin Kemp Location 1065 First Colonial Road GPINS , , Site Size 7.32 acres AICUZ db DNL Existing Land Use Farm stand and agricultural fields Surrounding Land Uses and Zoning Districts North Office / O-2 Office South Office / O-2 Office East First Colonial Road Hospital / O-2 Office West Multi-family housing / A-18 Apartment Page 1

2 Background and Summary of Proposal A Conditional Use Permit for a farm stand was approved on this site by City Council on November 13, A 1,000 square foot farm stand was built, along with a greenhouse and several sheds. Crushed shells were used to cover the parking area. Portable restrooms were allowed to be used for one year following the approval. Permanent restrooms were never installed on the site. The previous tenant recently vacated the site and removed the greenhouse and all the sheds. The applicant wishes to construct a 2,500 square foot addition to the existing farm stand building. The addition will contain an area to sell produce, seafood and other locally harvested products and a small ice cream counter. No cooking will take place on site. The facades of the addition will contain several overhead doors that will be opened, weather permitting, to provide an open-air market feel. The addition will have a green metal roof, and will be capped with a cupola. Building signs are proposed on the north and east facades. The applicant wishes to install a free-standing sign along First Colonial Road. A separate sign permit will need to be obtained for all signage. Access to the farm stand will remain from First General Parkway, a private roadway with access to First Colonial Road. No new curb-cuts are proposed with this request. The parking surface will remain crushed shells; however, the applicant will provide the required, paved handicap parking spaces. Wheel-stops will be added to the parking area to more clearly denote parking spaces. The proposed addition will generate the need for more parking. The parking area will be expanded to accommodate the required number of off-street parking spaces. The remaining area of the site, particularly the two parcels located on the north side of First General Parkway, will be cultivated fields. The farm stand will be opened seasonally, from April through December. Hours of operation are typically 9 a.m. to 6:00 p.m.; however, the stand may remain open later into the evening for seasonal events such as Christmas tree sales, summer harvests, and pumpkin sales. Page 2

3 Zoning History # Request 1 CUP (Hospital) Approved 05/27/2003 CUP (Hospital) Approved 05/07/ CUP (Farm Stand) Approved 12/03/1996 REZ (R-4 to O-1) Approved 08/14/ REZ (R-4 to A-2) Approved 02/12/ REZ (A-1 to O-1) Approved 04/10/1978 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning 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 Recommendations The Comprehensive Plan designates 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, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, and effective buffering with respect to type, size, intensity, and relationship with surrounding uses. (pp. 3-1 to 3-3) Additionally, this site is located within the Suburban Focus Area 5, First Colonial Medical Corridor. Priority within this corridor should be given to infill or redevelopment proposals that complement the area s medical and health care activities. (p. 3-20) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. A majority of the site is under cultivation. The site is unique due to its agricultural use within the northern and more densely developed portion of the City. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic First Colonial Road 41,000 ADT 1 27,300 ADT 1 (LOS 4 D ) 31,700 ADT 1 (LOS 4 E ) No trip generation data is available Old Donation Parkway 8,700 ADT 1 13,100 ADT 1 (LOS 4 C ) for this land use (farm stand). 20,700 ADT 1 (LOS 4 D ) 1 Average Daily Trips 4 LOS = Level of Service Page 3

4 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The proposed farm stand expansion is located at the corner of First General Parkway and First Colonial Road. First General Parkway is a private street connecting to First Colonial Road and Old Donation Parkway. Both First Colonial and Old Donation have four lanes; First Colonial Road is an urban, major arterial and Old Donation Road is a collector roadway. The site will have ingress/egress only on First General Parkway. There are no roadway CIP projects in the vicinity of this application. Public Utility Impacts Water The site currently does not connect to City water. There is a 16-inch City water main along First Colonial Road and an eight-inch City water main along First General Parkway. The applicant will be required to connect to City water. Sewer The site currently does not connect to City sanitary sewer. There is a 15-inch City gravity main along First Colonial Road and a 15-inch City gravity main along First General Parkway. City Pump Station #230 is located further west along First General Parkway. The site will be required to connect to City sewer. Evaluation and Recommendation The existing farm stand located on the site is a unique entity, as it is one of the few remaining Agricultural uses located within the more densely developed northern part of the Virginia Beach. For the past 20 years, the farm stand has been a destination and has promoted the sale of locally-grown agricultural products. The proposed addition, although significantly larger than the existing farm stand, is designed to keep an appropriate aesthetic of a typical, rural farm stand. The sides of the proposed buildings have multiple overhead doors that will remain open to provide the feel of an open-air market. Access to the site and the site layout will remain unchanged, and a minimal impact to traffic is expected. The site will be required to connect to City water and sewer, and will be brought into compliance with the Building Code in terms of providing an ADA accessible, permanent restroom facility. Additionally, the proposed expansion of this use is compatible with the provisions identified in the Land Use Compatibility Table in Article 18, Special Regulations in Air Installations Compatible Use Zones (AICUZ) of the Zoning Ordinance, for a site located within the greater than db DNL noise zone. For the reasons stated above, Staff recommends approval of this request as conditioned below. Recommended Conditions 1. All conditions of the November 13, 1996, Conditional Use Permit shall be deleted and replaced with the following conditions listed below: 2. Except as modified by any other condition of this Conditional Use Permit, the development of the site shall substantially conform with the submitted site layout as depicted on page seven of this report entitled, SITE LAYOUT CULLIPHER FARM, 1065 FIRST COLONIAL ROAD, and which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 3. Except as modified by any other condition of this Conditional Use Permit, the development of the building shall substantially conform with the submitted floor plan entitled, CULLIPHER FARM STAND, FIRST COLONIAL ROAD, VIRGINIA BEACH, VIRGINIA, SHEET THREE, dated October 28, 2015, and prepared by Space Planning by Linda Page 4

5 Parrett Associates. Said floor plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 4. Except as modified by any other condition of this Conditional Use Permit, the development of the building shall substantially conform with the submitted building elevations entitled, CULLIPHER FARM STAND, FIRST COLONIAL ROAD, VIRGINIA BEACH, VIRGINIA, SHEET FOUR, dated October 28, 2015, and prepared by Space Planning by Linda Parrett Associates. Said elevation drawings have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 5. Standard parking lot improvements shall not be required. A crushed shell parking area surface is permitted, with the exception that paved handicap parking space(s) shall be provided with paved access to the facility, as per ADA requirements. Parking stops shall be added within the parking area to clearly identify parking spaces. 6. Portable restroom facilities will be permitted for one year and must be provided until the proposed improvements/additions to the farm stand are complete, at which time a minimum of one permanent restroom facility shall be provided. The restroom facility shall be ADA compliant. 7. There shall be one access point allowed from First General Parkway, as shown on the submitted site layout. There shall be no direct access permitted from First Colonial Road. 8. The site shall be permitted no more than three signs, one of which may by a freestanding sign. A separate permit from the Planning Department, Zoning Office, shall be obtained prior to the installation of any signage. 9. The two parcels located to the north of First General Parkway (GPINS & ) shall continue to be cultivated for the entire duration of the site s use as a farm stand. 10. All products sold at the farm stand shall be limited to those specifically indicated within the definition of an Agricultural-related product, as defined in Section 401 (e)(3) of the Zoning Ordinance. This shall include honey, maple syrup, jams, jellies, preserves, relishes, juices, cider, milk, ice cream and other dairy products, peanut butter, cheese, eggs breads and other baked goods, fresh seafood, poultry and other meats, ornamental plants, flowers, pottery, hanging baskets, wood carvings, potholders and other hand crafted items having an agricultural theme, and similar items. Also included is bottled water, soda and items or apparel displaying exclusively the name of the farm stand shall be allowed, provided that the display of such apparel shall not exceed ten (10) percent of the floor area of the establishment. 11. No parking shall be permitted or no structures shall be installed, with the exception of a freestanding sign, within fifty (50) feet of the property line adjacent to First Colonial Road. All healthy, existing trees that are six inches in diameter or greater within this area shall be preserved. 12. There shall be no cooking permitted on site. 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 5

6 Proposed Site Layout Page 6

7 Proposed Elevations Page 7

8 Site Photos Page 8

9 Disclosure Statement Page 9

10 Disclosure Statement Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12