5 March 12, 2014 Public Hearing

Transcription

1 5 March 12, 2014 Public Hearing APPLICANT: MOORE FARM, L.L.L.P. PROPERTY OWNER: MOORE FARM L.L.L.P. STAFF PLANNER: Kevin Kemp REQUEST: Change of Zoning (B-1A Limited Community Business to Conditional B-2 Community Business) ADDRESS / DESCRIPTION: 925 Diamond Springs Road GPIN: ELECTION DISTRICT: KEMPSVILLE SITE SIZE: acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant is requesting a Conditional Rezoning from Conditional B-1A Limited Community Business District to B-2 Community Business District to allow use of the site for an eat-in and carry-out dining establishment with a drive-through window. This rezoning is necessary because the current B-1A zoning of the site prohibits eating and drinking establishments with drive-through windows. The original occupant of this building was a bank with three drive-through lanes and an oversized canopy. The applicant wishes to utilize the drive-through window on the building façade; therefore, a rezoning is necessary. In 1988, the subject site was rezoned from R-10 Residential District to O-1 Office District. The existing structure on the site was built in 1989 and was initially occupied by a bank. In 2000, the site was rezoned from O-1 Office to Conditional B-1A Limited Community Business District to allow for use of the building as a dry cleaning business. In 2012, a Conditional Use Permit was approved for a commercial daycare facility on the site; however, the applicant never occupied the building and activated the Use Permit. Details There no changes proposed to the exterior of the building except for the addition of two building signs. Additionally, the monument sign at the corner of Diamond Springs Road and Wesleyan Drive will remain but will be refaced to identify the business. There is existing mature landscaping along both Diamond Springs Road and Wesleyan Drive, as well as along the northern and western property lines. This Page 1

2 landscaping will remain and any areas where it has been removed will be replanted. The landscaping along the foundation of the building will remain. There will be no change to the parking surface. The applicant plans on operating a pizza restaurant on the site. The proposed restaurant will have both eat-in and carry-out business, as well as incorporate a drive-through window. The restaurant will occupy the front portion of the building. The business will operate from 10 a.m. to 10 p.m. on Sunday through Thursday and 10 a.m. to 11 p.m., Friday and Saturday. The applicant estimates that the business will have three to four employees during the day shift and eight to ten employees for the night shift. There will be no outdoor amplified speaker system. The rear portion of the building will remain vacant until another lessee is found. Proffer #6 is recommended to limit prospective uses on the site so that future tenants will not be disruptive to the surrounding properties. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The site is occupied by a single-story building, parking, and landscaped areas. The building is currently vacant. The site is zoned B-1A Limited Community Business. SURROUNDING LAND USE AND ZONING: North: Residential Senior Care Home / O-1 Office District South: Wesleyan Drive Commercial Use, Pharmacy / Conditional B-2 Community Business District East: Diamond Springs Road Commercial Strip Center and Service Station / B-2 Community Business District West: Residential Senior Care Home / R-10 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: A majority of the site is developed with the structure and asphalt parking surface. There do not appear to be any significant natural resources or cultural features associated with the site. The site is located in the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan identifies 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, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities wither maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3-2). Page 2

3 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road at this location is considered a four-lane divided minor suburban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. Wesleyan Drive at this location is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a four-lane facility within a 110-foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service C. There are no Roadway Capital Improvement Program projects currently proposed for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Diamond Springs Road 20,901 ADT 1 28,200 ADT 1 (Level of Service C ) 30,600 ADT 1 (Level of Service D ) 32,800 ADT 1 (Level of Service E ) Existing Zoning ADT Proposed Zoning ADT See above Wesleyan Drive 13,328 ADT 1 14,800 ADT 1 (Level of Service C ) 22,800 ADT 1 (Level of Service D ) 27,400 ADT 1 (Level of Service E ) 1 Average Daily Trips 2 as defined by acre site in B-1A Zoning District 3 as defined by acre site in B-2 Zoning District WATER & SEWER: This site has existing connections to the City water and sewer system. EVALUATION AND RECOMMENDATION This request for a change of zoning from B-1A Limited Community Business District to Conditional B-2 Community Business District for the purpose of allowing use of the building as a restaurant with a drivethrough window is consistent with the Comprehensive Plan s land use recommendations for the Suburban Area. This property is located at the northwest corner of an intersection where all the other corners contain commercial uses. Both Diamond Springs Road and Wesleyan Drive in the vicinity of the site are operating under capacity and the additional trips generated are not expected to have an adverse effect on traffic. No changes are proposed to the existing access points on Diamond Springs Road and Wesleyan Drive. Additionally, the applicant has met with the adjacent assisted living facilities to the west and north of the site, and those property owners have not expressed any objections to the proposal. Page 3

4 The existing building s use of residential design elements ensures greater compatibility with the adjacent residential uses and area than a typical retail commercial building would. Moreover, the design of this drive-through is such that even though this is a highly visible site at a major roadway intersection, the drive-through is not highly visible due to its placement on what is, in effect, the rear side of the building. The applicant will make interior modifications to accommodate the new use; however, minimal changes are proposed the exterior. The building signage will be installed in the two areas previously used for signs, and the signs will not significantly detract from the appeal of the building. There is existing significant landscaping along all sides of the property that will remain and be reinstalled in the areas where it has been removed. Additionally, all interior landscaping meets current requirements and will remain. There are no proposed changes to the parking surface. Staff concludes that this request provides a good reuse of the existing building. Based on this conclusion and the facts above, staff recommends approval of this application as proffered. 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. PROFFER 1: The appearance of, and external building materials for, the structure on the Property shall conform substantially to those shown on the building elevation of December 22, 1999, titled: ZOOTS- DIAMOND SPRINGS BRANCH, DECEMBER 22, 1999, VIRGINIA BEACH, VA, prepared by Bondurant Associates Engineering/ Architecture, Portsmouth, Virginia, which elevation was exhibited to the City Council and is on file at the Planning Department. PROFFER 2: The development and layout of the Property shall continue to conform substantially to the site plan of December 28, 1999, titled Preliminary Site Plan for Conditional Rezoning for Zoots Inc. GPIN: Bayside District 4 Virginia Beach, Virginia, prepared by engineering services inc., Civil Engineering Land Surveying, which site plan was exhibited to the City Council and is on file at the Planning Department. PROFFER 3: The size and location of signage on the Property shall continue to conform to the size and location shown on the exhibit of December 21, 1999, titled: Signage Exhibit for Zoots Facility, 925 Diamond Springs Road, Virginia Beach, Virginia, as prepared by East Coast Sign Advertising, with shapes and designs to be as shown on the exhibit 925 Diamond Springs, Va. Beach VA showing Cardinal Sign Corporation s Design R1 dated February 17, 2014 and Design BR1 dated February 17, 2014, which exhibits were exhibited to the City Council and are on file at the Planning Department. PROFFER 4: There will be no outdoor sound amplification system or speaker-communication on the Property. Page 4

5 PROFFER 5: The hours of operation will not commence earlier than 10:00 a.m. or end later than 10:00 p.m. on Sunday through Thursday; the hours of operation will not commence before 10:00 a.m. or end after 11:00 p.m. on Friday and Saturday. PROFFER 6: The Property shall not be developed as or used for the following: automobile repair garages, automobile repair establishments, automobile service stations, bars and nightclubs, boat sales, body piercing establishments, bulk storage yards, car wash facilities, commercial parking lots, parking garages, parking structures and storage garages, mini-warehouses, mobile home sales and rentals, motor vehicle sales and rentals, off-site parking facilities, storage garages and tattoo parlors. PROFFER 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The City Attorney s Office has reviewed the Conditional Zoning Agreement dated February 18, 2014 and found it to be legally sufficient and in acceptable legal form. 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 or Change of Zoning 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 .. SITE PLAN (PROFFER 2) Page 7

8 BUILDING ELEVATIONS (PROFFER 1) Page 8

9 SITE PLAN SHOWING SIGN LOCATIONS (PROFFER 3) Page 9

10 LOCATION OF BUILDING SIGNAGE- EAST FAÇADE (PROFFER 3) Page 10

11 LOCATION OF BUILDING SIGNAGE- SOUTH FAÇADE(PROFFER 3) Page 11

12 PROPOSED BUILDING SIGNAGE Page 12

13 PROPOSED MONUMENT SIGN Page 13

14 ZONING HISTORY # DATE REQUEST ACTION 1 07/03/2012 Conditional Use Permit (Daycare Facility) Approved 03/14/2000 Rezoning (O-1 to B-1A) Approved 2 12/07/2004 Rezoning (R-10 to A-12) Approved 3 03/07/2000 Conditional Use Permit (Automobile Service Station- Fuel Sales) Approved 4 10/26/1999 Rezoning (R-10 to B-2) Approved 04/30/1990 Rezoning (R-10 to O-1) Approved 5 01/26/1999 Rezoning (R-10 to B-2) Approved 6 06/23/1998 Conditional Use Permit (Home for Seniors) Approved 09/06/1988 Rezoning (R-10 to O-1) Approved 7 08/10/1993 Conditional Use Permit (Mini Warehouse/ Self Storage) Denied 8 09/06/1988 Conditional Use Permit (Home for Seniors) Approved 9 01/04/1988 Rezoning (R-5 to B-2) Denied 10 09/14/1987 Conditional Use Permit (Automobile Service Station- Fuel Sales) Approved 11 09/30/1985 Rezoning (R-5 to B-2) Approved Page 14

15 DISCLOSURE STATEMENT Page 15

16 DISCLOSURE STATEMENT Page 16