7 September 10, 2014 Public Hearing APPLICANT: ICE MASTERS, INC (DBA RINK SPECIALISTS)

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1 7 September 10, 2014 Public Hearing APPLICANT: ICE MASTERS, INC (DBA RINK SPECIALISTS) PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNERS: Kristine Gay REQUEST: (a) Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code (b) Conditional Use Permit for Recreation Facility (Outdoor) ADDRESS / DESCRIPTION: 204 & rd Street; 206 & 208 Atlantic Avenue; Portion of 108 Atlantic Avenue GPINS: ; ; ; ; ; ; and a portion of ELECTION DISTRICT: BEACH SITE SIZE: 0.71 acre (30,927.6 square feet) AICUZ: 65 to 70 db DNL (Sub-Area 1) BACKGROUND / DETAILS OF PROPOSAL BACKGROUND The applicant requests a Conditional Use Permit (CUP) and a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form-Based Code (FBC). The purpose of the request is to provide an outdoor recreation facility for which the proposed temporary structures and site layout do not conform to the criteria of any of the allowed Building Types; further, all outdoor recreation facilities located in the ORD require a CUP. DETAILS OF PROPOSAL The applicant proposes to operate an outdoor ice-skating rink for the 2014 winter season. The site is owned by the City of Virginia Beach, and the applicant has negotiated a 3½-month lease for use of the site. Said lease was approved by City Council on August 5, As shown on the zoning map above, the subject site is the northern portion of the property surrounded by the southern loop of Atlantic Avenue and 3 rd Street. Page 1

2 The applicant is proposing to temporarily install on the site a 60 x 120 ice rink. As opposed to a competitive hockey rink, this ice rink is meant for recreational leisure skating and will be designed with a tropical theme. Guests will skate around an island located in the middle of the rink. Islands will also be located in the corners of the rink where guests may choose to sit and watch other skaters. Dim and decorative lighting will be strung over the rink, and holiday music will be amplified from an existing system on site. The ice rink will be enclosed by a 42-inch high wall. As shown on the submitted site plan exhibit, rubber matting surrounds a large portion of the rink. There will be one 20 x 60 skate rental tent (shown in green), three 10 x 15 concession/vendor tents (shown in red), and one 20 x 20 seating area/tent (shown in purple). A wooden split-rail style fence has recently been installed along the perimeter of the site. The applicant is not proposing any additional fencing. Not shown on the site plan, but to be included are temporary portable restroom facilities. These will be located just west of the 10 x 10 admissions booth (shown in orange). The restroom facilities will be heated and compliant with ADA standards as well as screened on 3 sides by a tent structure. The operation will last from November 20 th, 2014 to February 1, Guests may purchase an all-day skate pass and rent skates for $10.00 on weekdays and $12.00 on weekends and Holidays. The hours of operation are proposed to be as follows: - Monday Thursday (non-holiday) 2:00 p.m. 10:00 p.m. - Friday (non-holiday) 2:00 p.m. 12:00 a.m. - Saturday (non-holiday) 10:00 a.m. 12:00 a.m. - Sunday (non-holiday) 10:00 a.m. 10:00 p.m. - Holidays 10:00 a.m. 12:00 a.m. With regard to security, off-hours police officers are typically hired to monitor the site when it is not open and operational. While approximately 30 individuals will be employed by the operation (2 full time, 28 part-time), there are usually 6 employees working at a time; this includes a Manager, Front-End Staff, and 1 Rink Guard per every skaters. Parking is provided and is located immediately to the south of the subject site. Vehicles will access the site from the west side of the loop. As traffic generated by the holiday boardwalk lights will be stacking around the subject site, the applicant will be responsible for having individuals working to direct traffic into the ice rink parking lot. IMPACT ON CITY SERVICES TRAFFIC: A specific traffic generation cannot be estimated for this use, as there is not an accepted standard Page 2

3 for this type of facility. Due to the location of the facility within the Resort Area and the intended audience (visitors to the city), the traffic impact is expected to be minimal. WATER: There is an 8-inch City water line and meter in the 3 rd Street right-of-way, which will be utilized for the proposed facility. SEWER: There is an 8-inch City sanitary sewer in the 3 rd Street right-of-way with existing stubs at the site s property line that will be utilized for connection to the restroom trailer. EVALUATION AND RECOMMENDATION The Oceanfront Resort District (ORD) Form-Based Code (FBC) regulates the use and development of land through a system of Street Frontages and Building Types. Each Building Type has specific building criteria. Being that a practical site layout for the proposed temporary use does not meet the requirements of any Building Type criteria, the structures are not permitted unless City Council approves this request for a Special Exception for Alternative Compliance. Additionally, any outdoor recreational facility located in the ORD requires City Council approval of a Conditional Use Permit. Section of the FBC requires that when reviewing requests for Alternative Compliance, City Council is to consider the extent to which the proposed development promotes multiple modes of transportation; is visually interesting and of the pedestrian scale; diversifies the type of uses in the area; advances the parking strategy for the district, and is physically and functionally integrated with the surrounding environment. Visiting tourists, regional residents attending the holiday boardwalk lights, as well as local Oceanfront residents will be attending the proposed operation. Further, it is anticipated that the proposed use will be capturing vehicular traffic that will already be in the area for the adjacent and related attraction of the holiday lights. As the site is located east of Pacific Avenue, the applicant is not required to provide any parking. By having access to approximately 300 off-site parking spaces located in municipal parking structures which are all located within 2 blocks of the site, potentially capturing the assumed traffic that will be attending the holiday boardwalk lights, and by being located in such close proximity to residences and lodging, this proposal supports multiple modes of transportation and advances the goals of the parking strategy. The tent structures will be located on the site for a period of no more than four months. While they are temporary in nature, they are in scale with pedestrian-oriented activities and provide a niche seasonal attraction that currently does not exist at the Oceanfront. To bring continuity to the form of the site, visually enhance and break up the facades of the structures, and better orient pedestrians to the site, the applicant has worked with staff to align structures, create direct pedestrian accessibility, and adjust signage. The site will not be permanently improved in any way. The site is relatively flat and comprised of a mixture of patchy areas of gravel, grass, and sand. Beyond constructing the skating rink, temporary event flooring and skate-safe rubber mats will be laid over the ground. There are suitable sources of power and water existing on site. Being that the surface of the site is fairly sandy, the snow resulting from resurfacing the rink will be easily absorbed into the ground after melting. Page 3

4 The proposed use of a temporary outdoor skating rink is appropriate to the subject site. The proposed hours of operation are appropriate to the surrounding uses. The operation will provide a unique offseason attraction for both permanent residents and visiting tourists. The operation as proposed, and with the conditions recommended by Staff, will function well on the site without impeding on or disrupting adjacent land uses. Based on Staff s finding that the proposed use and associated structures satisfy the standards above to the greatest extent possible, and being cognizant of the fact that the facility is temporary in nature, Staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code, as well as the Use Permit for an Outdoor Recreation Facility, contingent to the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or by the request of the City of Virginia Beach Permits and Inspections Administrator, the layout of the site shall be substantially as shown on the site plan entitled EXHIBIT B dated May 27, Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. All proposed tents and structures shall be reviewed and approved by the City of Virginia Beach Permits and Inspections Administrator prior to the operation commencing on the subject site. 3. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the tent structures, chiller unit, and signage structures shall be substantially as shown on the photographs submitted with the application. 4. Accessible parking meeting the requirements of the Americans with Disabilities Act (ADA) shall be provided on site. A walkway from said parking to the entrance of the operation shall meet applicable ADA requirements. 5. The applicant shall provide qualified individuals to direct traffic into and out of the parking area adjacent to the site from dusk until the operation closes. 6. Lighting shall be directed into the site and shielded in a manner that prevents light overspill into the surrounding area. 7. The chiller unit shall be screened on three sides by a privacy fence. 8. Prior to being installed, all signs shall be reviewed and approved by the City of Virginia Beach Zoning Administrator. 9. The applicant shall cause a sidewalk or other pedestrian pathway acceptable to the City of Virginia Beach to be installed adjacent to the subject site along the western side of Atlantic Avenue between the existing sidewalk on 3 rd Street and the existing sidewalk on the western side of Atlantic Avenue adjacent to the site. 10. This Special Exception for Alternative Compliance and this Conditional Use Permit are valid through February Page 4

5 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 5

6 AERIAL OF SITE LOCATION Page 6

7 RESTROOMS 3 rd Street Atlantic Ave PROPOSED FACILITY LAYOUT (Condition 1) Page 7

8 RESTROOMS PROPOSED LAYOUT OF FACILITY ON THE SITE (CONDITION 1) Page 8

9 CHILLER UNIT Page 9

10 SKATE RENTAL TENT Page 10

11 SKATING RINK, SKATE-SAFE RUBBER MATTING PORTABLE RESTROOM FACILITIES Page 11

12 DISCLOSURE STATEMENT Page 12

13 DISCLOSURE STATEMENT Page 13