FUN SPOT AMUSEMENT, LLC Agenda Item D4 Page 1

D4November 12, 2014 Public

HearingAPPLICANT:

FUN SPOT AMUSEMENT,

LLCPROPERTY OWNER:

LILLY INCORPORATED

OF VIRGINIASTAFF PLANNER: Kristine Gay

REQUEST: Conditional Use Permit (Commercial Parking Lot) ADDRESS / DESCRIPTION: 304,306, 308 22nd Street GPINS: 2427089604 2427089655 2427180616

ELECTION DISTRICT: BEACH

SITE SIZE: 21,000 square feet

AICUZ: 65-70 dB DNL (Sub Area 2)

The applicant requests a Conditional Use Permit to allow development of the site as a Commercial Parking Lot. The site is zoned OR-Oceanfront Resort. All property located in this zoning district must follow the development requirements of the Oceanfront Resort District Form-Based Code (FBC). Section 5.3.6 of the FBC states that a Conditional Use Permit is required for all Commercial Parking Lots located in the Oceanfront Resort District. In July of 2013, the applicant was permitted to begin operating a Temporary Commercial Parking Lot; per Section 5.3.7 of the FBC, Temporary Commercial Parking Lots may not operate for more than one year. As the applicant would like to continue using the site for commercial parking, he has submitted an application for a Conditional Use Permit for a [non-temporary] Commercial Parking Lot. This application has been previously deferred on June 11, 2014, July 9, 2014, September 10, 2014, and October 8, 2014 by the request of the applicant to allow for additional time to continue work on the site plan.

BACKGROUND / DETAILS OF PROPOSAL

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The subject site fronts on the south side of 22nd Street. This portion of 22nd Street is identified as a Gateway 3 Street Frontage by Section 2.1 of the FBC, The site is 150’ x 140’, and is located 100 feet to the west of the intersection of 22nd Street and Pacific Avenue. Adjacent to the west of the subject site are 4 Detached Houses. Immediately adjacent to the south of the property is parking associated with the adjacent restaurant 21st Street Seafood Company at the corner of 21st and Pacific. The City of Virginia Beach owns the property immediately adjacent to the east where there is an existing three-story brick building. North of the site and 22nd Street are 2 Detached Houses and an outdoor seasonal miniature golf park. The site has been developed to include the standard right-of-way improvements associated with the temporary commercial parking lot; this includes a 5 foot wide sidewalk and a 30 foot wide commercial entrance. The site has also been landscaped to partially meet the landscaping requirements associated with a Commercial Parking Lot. For lighting, the applicant is utilizing an existing parking lot light fixture which is located on an adjacent property to the south. The applicant is proposing to pave the site to provide 25 striped parking spaces along the perimeter of the lot and approximately 26 valet parking spaces in the interior of the lot. The site is proposed to be bordered with evergreen hedges, four canopy trees, ornamental trees, perennials, and ornamental grasses. It has been additionally requested by the applicant, that the requirement to pave the parking lot be waived for 1 year, and that the interior canopy coverage landscaping required by the Site Plan Ordinance be waived entirely. Vehicular access to the site is proposed to be from 22nd Street. This vehicular ingress/egress point is proposed to be controlled by a gate and a parking attendant. A 5’x7’ parking attendant kiosk is situated next to the gate. Future access to the site is proposed to be from 21st Street by use of the adjacent site to the south identified as GPIN 2427-18-0543 which is currently used as parking for the adjacent restaurant. The applicant is proposing to leave the future entrance gated. The applicant is proposing to follow the same hours of operation of the city parking garages by not allowing vehicles to enter the site after 12:30 am and by closing the lot at 2:00 am.

EXISTING LAND USE: Temporary Commercial Parking Lot SURROUNDING LAND USE AND ZONING:

North: 22nd Street Mini-Golf / OR-Oceanfront Resort District

South: Restaurant / OR-Oceanfront Resort District East: Vacant Municipal Building

/ OR-Oceanfront Resort District West: Residential Dwelling / OR-Oceanfront Resort District NATURAL RESOURCE AND CULTURAL FEATURES:

The site is located in the Chesapeake Bay watershed and the proposed land disturbance is over 2,500 square feet. Accordingly, the site plan must comply with the Stormwater Management

LAND USE AND COMPREHENSIVE PLAN

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Ordinance and both water quality and quantity measures are required. They may need to use permeable pavement, bioretention or some other method to meet the stormwater criteria; this information should be included with their CUP application.

COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA) on a Gateway 3 Street Frontage. This Frontage is intended for key streets entering and exiting the Resort Area and is applied only to portions of 21st and 22nd Street. Development which fronts on a Gateway 3 Frontage should support a transition between large scale mixed use development to the east and smaller less intense and residential uses to the west.

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): 22nd Street in the vicinity of this application is a four-lane, one-way, minor urban arterial with on-street parking in this area, with an eighty-foot (80’) wide right-of-way. There are currently no Capital Improvement Plan (CIP) projects planned for this portion of roadway. TRAFFIC:

Street Name

Present Volume

Present Capacity Generated Traffic

22nd Street 16,900 ADT 1 14,800 ADT 1 (Level of Service “C”) 27,400 ADT 1 (Level of Service “E”)

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

Existing Land Use 2 – 30 ADT

Trip generation is not available for the proposed land use 3

1 Average Daily Trips 2 as defined by 3 single-family homes

3 as defined by Commercial Parking Lot of 54 parking spaces

EVALUATION AND RECOMMENDATION

The applicant requests a Conditional Use Permit to allow development of the site as a Commercial Parking Lot. The site is zoned OR-Oceanfront Resort. All property located in this zoning district must follow the development requirements of the Oceanfront Resort District Form-Based Code (FBC). Section 5.3.6 of the FBC states that a Conditional Use Permit is required for all Commercial Parking Lots. The submitted site plan currently shows a total of 51 parking spaces (25 striped spaces, and 26 valet spaces). The applicant has proposed an alternative to the 25 foot parking setback required for 90 feet of

IMPACT ON CITY SERVICES

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the site (FBC Section 2.4.3) by providing a 28 foot parking setback for 54 feet of frontage and a 10 foot parking setback for the remainder. Within this alternative parking setback, the applicant has proposed to exceed the minimum planting requirements. Staff is supportive of this proposed alternative located within the front 28 feet of the site and finds that it provides an appropriate relationship to the street frontage and accomplishes the intent of the 25 foot prescribed parking setback. Two vehicular entrances are proposed for the site. The primary entrance is located on the northern lot line adjacent to 22nd Street. A future connection is shown on the southern lot line. Said lot line is shared with an adjacent property that fronts on 21st Street. At the time the applicant proposes to use the southern entrance called out as “FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING” a modification to the subject CUP will need to be applied for and a conceptual site plan encompassing the adjacent properties will need to be submitted. At this time, Staff is not supportive of the proposed future connection and has included in the conditions for reference that said connection be removed and replaced with continuous perimeter landscaping to communicate to drivers that it is not a vehicular point of ingress/egress. Staff is supportive of opening to accommodate pedestrians. Staff has concerns of the appropriateness of the proposed use relative to the existing surrounding land uses and the intent of the Gateway 3 Street Frontage. The Gateway 3 Street Frontage is intended for key streets entering the Resort Area which are transitioning from small scale or residential uses to larger scale mixed use development. To the west of the subject site are 4 Detached Houses which are used as duplex or multi-family units. The unit which is immediately adjacent to the site, has recently experienced extensive interior and exterior renovations as it is the intent of the property owners to continue managing the property as a multi-family unit. Staff finds that this type of moderate residential density and the associated existing form are in keeping with the intent of the Gateway 3 Frontage. The use and form of these adjacent sites currently define a “fringe” of the resort related attractions and appropriately communicate to tourists that 22nd Street is primarily residential to the west of Arctic Avenue, thus successfully achieving the intent of the Gateway 3 Frontage. It is Staff’s opinion that the proposed commercial parking lot would detract from this established transition and would undermine the intent of the Gateway 3 Frontage. Commercial Parking Lots are an intense use to be placed adjacent to existing residential uses. There are many aspects of the proposed use that would interfere with the quality of life for the existing adjacent residential units to the west and north, including but not limited to the following:

- Headlights shining into the residential dwellings as late as 2:00 am - The sound of car doors closing as late as 2:00 am - Theft or vandalism of property by intoxicated tourists or residents - Excessive litter during the summer season to include baby diapers, food, and glass bottles.

To help resolve these conflicts, typically, tapered hours of operation and/or an extensive landscaped buffer, screening, and fencing is proposed. The applicant has proposed a 5 foot wide landscaped area along the side lot lines which includes medium canopy trees and an evergreen hedge; this landscaping is not required by the Site Plan Ordinance. While the additional side landscaping is appreciated, Staff believes it is most appropriate for there to be a less intense non-residential use such as an office or specialty shop, between the existing residential units and the proposed commercial parking lot that did not operate in the later evening hours. A commercial parking lot, as proposed is not an appropriate use to be adjacent to single-family homes. Additionally, it is difficult for staff to review the conceptual site plan with the limited amount of information provided regarding the proposed method(s) of managing stormwater. While the Development Services Center has requested and recommended that a preliminary stormwater plan be provided, it has been limitedly indicated by the applicant that a combination of bioretention planting areas and/or subsurface

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storage units will be used to satisfy stormwater requirements. Landscaping is proposed to serve as an alternative to prescribed requirements of the FBC as well as the primary method of screening and alleviating the negative impacts caused by the commercial parking use. Accordingly, Staff is concerned of the feasibility and maintenance of the proposed landscaping should bioretention planting areas be used. As shown in the recommended conditions which Staff has prepared in the event this request is supported by Planning Commission and City Council, the applicant should be aware that all landscaping will need to be approved by the City Landscape Architect of the Development Services Center. Further, it should be heavily noted by the applicant that given that the media required for bioretention beds is relatively loose and typically does not support tree establishment in windy coastal conditions, the City Landscape Architect is not supportive of the required tree plantings being located in bioretention beds. Also included in the conditions, is that the site will be required to meet all landscaping requirements for a Commercial Parking Lot as required by the Site Plan Ordinance, including interior canopy coverage. As drawn, a minimum of 4 spaces would need to be removed from the proposed site plan, for these requirements to be met. Being that the site is located in the Oceanfront Resort District, the applicant presented the proposed site plan to the Planning and Design Review Committee of the Resort Advisory Commission at the June 3, 2014 meeting. A motion was made and recommended to approve the plan contingent to including a pedestrian connection through the interior landscape coverage surrounding the parking attendant kiosk. Alternatively, multiple calls and letters of concern and opposition have been submitted to the Planning Department regarding this application. Said concerns include the appropriateness of a commercial parking lot adjacent to residential properties, traffic flow, access and security, and consistency with the review process for temporary and permanent commercial parking lots. It is Staff’s conclusion that the proposed use is not appropriate for the subject site. Staff does not feel that the submitted site plan, kiosk elevation, materials, or landscaping render the use appropriate for this site. Accordingly, Staff recommends denial of this request for a Conditional Use Permit for a Commercial Parking Lot. Should the proposed use be considered for support by the Planning Commission and City Council, Staff has included the following conditions for reference and consideration. The applicant has proffered a set of 13 conditions to be attached to this conditional use permit. These proffered conditions are included at the end of the report and have been considered by Staff while developing the following 14 conditions below.

CONDITIONS

1. Landscaping shall be approved by the City Landscape Architect of the Development Services Center and meet the requirements of the Site Plan Ordinance, specifically as they relate to canopy coverage.

2. Landscaping located within the most northern 28 feet of the site shall be substantially as shown on the “SITE AND PLANTING PLAN EXHIBIT” dated August 12, 2014, as prepared by WPL.

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3. A modified Category IV landscaped buffer shall be provided along the western lot line. Said landscaping shall be allotted a minimum of 8 feet of depth from the face of curb to the western lot line for planting and fencing. The plantings of this buffer shall be substantially as shown on the “SITE AND PLANTING PLAN EXHIBIT” dated August 12, 2014, as prepared by WPL.

4. The applicant shall provide a 6 foot tall privacy fence to supplement the existing fencing owned by the adjacent property owner to the west. Said fencing shall begin at the most northern point of the existing fencing and extend north along the property line until it is even with the front façade of the dwelling located on the adjacent lot. At that point, said fence shall taper to be 4 feet tall and extend to the back of curb of the most northern proposed paved parking area. Said fencing shall be substantially of the same design and material of the existing fencing. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair.

5. A 4 foot tall ornamental aluminum maintenance-free fence, no less than 50% transparent shall be provided along the eastern side lot line and southern lot line. Said fencing shall be maintained in good condition at all times or be replaced upon disrepair.

6. This Conditional Use Permit does not include or allow use of the “FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING” as a vehicular point of ingress or egress. This connection shall be continuously landscaped and allow only for pedestrian ingress and egress.

7. The applicant shall be required to submit an application for a Modification of Conditions when the “FUTURE CONNECTION TO ADJACENT RESTAURANT FOR OVERFLOW PARKING” is proposed for immediate use. Said application shall be accompanied by a site plan which includes the parcels identified as GPINs 2427-18-0543 and 2427-18-0409.

8. The exterior of the attendant kiosk shall be made of maintenance-free materials.

9. No vehicle shall be permitted to enter the commercial parking lot after 11:00 p.m. The lot shall be secured at all points of ingress and egress, by no later than 12:00 a.m. (midnight) and shall remain closed until no earlier than 8:00 a.m. An exception to this condition shall be allotted Friday through Monday during Memorial Day weekend, and the Fourth of July when the subject lot may follow the hours of operation of the public parking facilities located in the Oceanfront Resort District.

10. An attendant shall be on site at all times during operation.

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

12. The gate proposed on 22nd Street 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.

13. Trash receptacles shall be installed and maintained at the locations determined during Site Plan review.

14. This Conditional Use Permit is approved for a maximum of five years from the date of the City Council approval, with an annual review by the Zoning Administrator or her Designee to ensure compliance with the conditions approved by City Council.

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AERIAL AND PHOTO OF SITE LOCATION

PROPOSED SITE PLAN

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PROPOSED ATTENDANT KIOSK

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PROPOSED LANDSCAPE PLAN

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CONDITIONS PROFFERED BY THE APPLICANT

1. Improvements shall be in substantial conformance with the Plan exhibited to the City Council and is on file in the Department of Planning.

2. Perimeter parking lot landscaping shall be in substantial conformance with the Plan exhibited to the City Council and is on file in the Department of Planning and include a combination of trees and evergreen shrubs.

3. The attendant Kiosk shall be similar in design to the building elevations of the 5’ x 7’ siding with vinyl corner trim.

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 within the resort area.

6. The hours of operation for the parking lot lighting shall be identical to the hours of the subject parking lot.

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

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

9. Trash receptacles shall be installed and maintained at the locations determined during Site Plan review.

10. Provide, at Site Plan review, a Stormwater Management Plan for water quantity conveyance and storage and water quality treatment, in accordance with the City’s Site Plan, Stormwater Management Ordinances and Public Works Specifications and Standards.

11. Since a portion of the commercial parking lot will not be stripped, that portion of the lot shall be operated only when an attendant is stationed on the site to valet park vehicles.

12. If a fence is installed, provide a non-opaque fence no taller than four (4) feet, constructed of maintenance-free materials along the perimeter of the parking lot, with the exception of the gated ingress/egress. Landscaping shall be installed outside the fence. Said fence shall not be chain link or wood split rail.

13. This Conditional Use Permit is approved for seven years from the date of the City Council approval, with an annual review by the Zoning Administrator or her Designee to insure compliance with the conditions of this Use Permit

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ZONING HISTORY

# DATE REQUEST ACTION 1 05/082004 Conditional Use Permit (Indoor Commercial Recreational Facility) Approved 2 12/26/2002 Conditional Use Permit (Commercial Parking Lot) Approved 3 11/28/2000 Conditional Use Permit (Miniature Golf Course) Approved 4 06/13/2000 Conditional Use Permit (Recreational Facility) Approved

1

2

3 4

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT