5 & 6 September 14, 2011 Public Hearing APPLICANT AND PROPERTY OWNER:

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1 . 5 & 6 September 14, 2011 Public Hearing APPLICANT AND PROPERTY OWNER: OCEAN BREEZE HOLDINGS, LLC STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (from A12 Apartment District to Conditional B2 Community Business District) Conditional Use Permit (for Recreational Facility of an Outdoor Nature) ADDRESS / DESCRIPTION: 849 General Booth Blvd. GPIN: A PORTION OF ELECTION DISTRICT: BEACH SITE SIZE: 1.8 ACRES AICUZ: More than 75 db DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing A12 Apartment District to Conditional B2 Community Business District and obtain a Conditional Use Permit for a Recreational Facility of an Outdoor Nature Water Park. The submitted plan depicts a water slide complex, wave pool, and adventure river. Additionally, restrooms, a mechanical equipment building, cabanas, and a tiki bar are depicted. A 16 foot wide pedestrian bridge will connect this recreational area to the existing park. EXISTING LAND USE: Ocean Breeze Water Park LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: Woods / B-2 Business and Conditional I-1 Light industrial South: Seatack Elementary School, City Tennis facility / P-1 Preservation Page 1

2 East: A creek and Ocean Breeze Water Park / A-12 Apartment and B-2 Business West: Motor World / A-12 Apartment NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Owl s Creek watershed. The submitted site development plan should identify the existing natural characteristics of the site that should be preserved, such as trees and groundcover. Healthy plant material within these areas should be preserved and integrated into an effective landscape design. Clearing in this area should be confined to the absolute minimum to accommodate the proposed facility. There are no cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as being located in the Suburban Area and just south of Suburban Focus Area (SFA) North General Booth Boulevard, Site 4.5. Much of the Suburban Area comprises well-established neighborhood and commercial areas that define the land use character in the northern portion of the City and should remain that way into the foreseeable future. One of the characteristics of the Suburban Area that pertains to the surroundings of the subject site is the existence of various sized tracts of parkland or open space. The Plan s general and specific planning principles for the Suburban Area reinforce the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. This is accomplished by having all new development proposals either maintain or enhance the existing development through compatibility with surroundings, quality and attractiveness of site and buildings, and environmental responsibility. The subject site is located south of SFA North General Booth Boulevard, Site 4.5; a designation that provides compatible land use recommendations that highlight opportunities for reinforcing or enhancing the mix of residential, recreation and passive open spaces of this area. Included in these recommendations is the need to complete the Aquarium District Plan in order to provide guidance for development of a thematic center and to advance cultural, educational and economic opportunities within this district. This recommendation is being implemented through a planning process begun in 2010 to prepare the Virginia Aquarium and Owls Creek Area Plan. The subject site is included in the study area. Scheduled to be completed and adopted by City Council in the latter part of 2011, the purpose of this Plan is to encourage strategic development and establish this area as a southern anchor for the Resort Area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this site is from both South Birdneck Road and General Booth Boulevard. South Birdneck Road is a four-lane divided minor suburban arterial with a one hundred five foot (105 ) right-ofway width. The Master Transportation Plan (MTP) designates this roadway as a six-lane minor arterial with a one hundred thirty foot (130 ) right-of-way width. A major road widening project of Birdneck Road is in the final stages of completion to widen the roadway to the existing four lanes. No further CIP projects are currently planned. General Booth Boulevard is a divided four-lane major suburban arterial, with a right-of-way width of one hundred twenty-five feet (125 ), and is designated as a six-lane arterial with 165-foot right-of-way width on the MTP. There are currently no capital improvement plan (CIP) projects scheduled for this portion of General Booth Boulevard. Page 2

3 TRAFFIC: Street Name General Booth Boulevard Present Volume Present Capacity Generated Traffic 23,900 ADT 1 30,600 ADT 1 Existing Land Use ADT (12 PM Peak Hour) Proposed Land Use ADT(10 PM Peak Hour) 1 Average Daily Trips 2 as defined by 3 as defined by PUBLIC WORKS/TRAFFIC ENGINEERING: There are currently both right- and left-turn lanes at the entrance along General Booth Boulevard for this site, and a median break exists along the divided roadway at this location. There is also an access point on Birdneck Road that is shared with the adjacent recreational facilities. This access point also has a median break with both left- and right-turn lanes into the entrance. Traffic Engineering feels that the recreational facility space that this parcel adds to the existing water park should not generate a substantial number of additional vehicular trips to this site. Furthermore, the existing roadway geometrics and turn lanes provided for the site appear to be capable of serving any additional trips adequately. WATER and SEWER: The site is connected to City water and sewer. EVALUATION AND RECOMMENDATION The applicant s proposal to expand an existing recreation facility is consistent with the land use principles of the Comprehensive Plan. The proposal offers outdoor recreational activities for citizens and visitors of Virginia Beach and complements our City s recreational programs and the resort hospitality industry. Staff recommends approval of this request with the submitted proffers and conditions provided below. 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 uses on the Property shall be limited to a theme amusement or recreational water park. PROFFER 2: The Property, when developed, shall be developed in substantial conformance with the conceptual site plan entitled Ocean Breeze Waterpark Expansion, dated May 12, 2100, and prepared by Aquatic Development Group, Inc. (the Site Plan ), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. PROFFER 3: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee Page 3

4 during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the use of the properly and the level of quality of the project. The City Attorney s Office has reviewed the proffer agreement dated June 1, 2011, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. Before any land disturbance occurs on the site the applicant shall submit a landscape plan to the Current Planning Division of the Planning Department for review and approval. The plan shall depict the existing natural characteristics of the site. Healthy plant material within the site shall be preserved and integrated into an effective landscape design. Clearing in this area shall be confined to the absolute minimum to accommodate the proposed facility. 2. All lighting should be low level illumination and directed toward the interior of the park. 3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 4. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 5. No rock concerts or loud music performances will be permitted. 6. The cabanas shall not be available for overnight use. 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 4

5 AERIAL OF SITE LOCATION Page 5

6 PROPOSED SITE PLAN Page 6

7 PROPOSED SITE PLAN Page 7

8 ZONING HISTORY Before October 1973 the site was zoned M-I 3 General Industrial District recreational uses required a conditional use permit and R-D 2 Residence Duplex 10/15/73 Rezoning from RD-2 Residence Duplex to CG-3 General Commercial and RD-2 Residence Duplex to RM Multiple Family and a Conditional Use Permit for 792 units and private boat slips 4/17/79 - Rezoning from R-5 Residential to B-2 Business 12/17/79 - Conditional Use Permit for miniature golf course 7/5/83 Conditional Use Permit for a recreational facility of an outdoor nature 5/21/84 Conditional Use Permit for a recreational facility of an outdoor nature a recorded agreement between E.S.G. Enterprises, Inc. and the City of Virginia Beach pertaining to the conditions of the use permit (D.B.2339, PG. 0993) 6/23/86 Conditional Use Permit for recreational facilities of an outdoor nature: 1. A 15 foot dedication along the frontage on South Birdneck Road, 45 feet from the centerline of the old 60 foot right-of-way as per the Master Street and Highway Plan. Page 8

9 2. Appropriately sized drainage easements are required along Owls Creek and its tributaries impacting the site. 3. Dedication of a 100 foot treed buffer to be preserved in its present and natural state without any clearing; and, to be zoned P-1 Preservation District. The width of this buffer is to be measured 100 feet to the west from the mean high water line beginning at the northern property line, running along Owl s Creek in a southwesterly direction and turning the corner at the tributary which divides on Area 2 as designated on the Festival Park Plan submitted by Talbot and Associates, dated May 6, This P-1 zoning shall be initiated prior to the site plan approval. Re-vegetation will be subject to staff review. 4. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on-site storm water retention ponds and grassed swales. Perimeter filter strips around all parking areas and porous pavement material for all surface-parking areas shall be required providing that the underlying soil is suitable. Riprap shall be used at all outfalls. 5. Pedestrian access to the P-1 area should be limited to only the pedestrian bridges and the scenic overlook. 6. All lighting should be low level and directed toward the interior of the park. 7. Turn lanes and signalization shall be provided on South Birdneck Road as approved by the City Traffic Engineer. 8. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 9. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 10. All structures are to be limited in height to 35 feet or less. 11. There shall be no boating on Owls Creek. 12. Any significant change to this plan shall come before City Council for further consideration. 8/27/87 Rezoning from A-1 Apartment to P-1 Preservation (required by Condition 3 of the Conditional Use Permit approved 6/26/86) 2/26/90 Reconsideration of Conditions 8, 9, and 10 placed on the Conditional Use Permit approved 6/23/86 (reconsideration of Conditions 8 and 10 were deferred by the Planning Commission): 9. A. There shall be no public address system other than for background music and emergency operations. B. No recreational use of Owls Creek associated with this park. C. No rock concerts or loud music performances will be permitted. D. One 300 seat outdoor stage to be used for family entertainment and limited to puppet shows, magic shows, and variety shows of approximately twenty (20) minutes each. E. The facility shall face Birdneck Road or Motor World, away from Owls Creek. F. Hours of operation shall be restricted from 10:00 a.m. to 10:00 p.m., except from Memorial Day thru Labor Day and on holidays and weekends, closing shall be at midnight, and G. Approval for this stage shall be for a period of two (2) years. 4/23/90 Reconsideration of Conditions 8 and 10: Condition 8: 1. Approved request to keep mechanical rides and other activities open daily (seven days a week) from 10:00 a.m. until 12:00 Midnight. 2. Approved miniature golf, pizza restaurant and activities from Shipwreck Golf Course to Birdneck Road may be open from 10:00 a.m. until 2:00 a.m. Friday and Saturday only. Condition 10: 1. The proposed mechanical rides shall be located in the area marked future development on the submitted site plan adjacent to South Birdneck Road and running east to the Shipwreck Golf. This does not include the aerial tram, which is acceptable as shown on the site plan. Height limit shall be varied in this area only. ZONING HISTORY Page 9

10 2. A Board of Zoning Appeals variance is required for all structures exceeding the 35- foot height limitation, which may occur only in the area of Conditions 1 as, described above. 3. The proposed tram is approved only for the route shown on the submitted site plan dated January 23, 1990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be allowed to cross Owls Creek in any other location. 4. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for review before any clearing or development activity takes place. The plan shall include a pre- and postdevelopment tree inventory. This condition shall apply to all future development. 5. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight 6. All other conditions shall remain the same. 6/11/91 Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 9) 9. Outdoor concerts may be held on the subject site in conjunction with the 1991 Beach Events Program. The concerts must conclude by 11:00 p.m. All speakers shall be oriented toward Birdneck Road or Motor World and away from Owls Creek. Approval is for a period of one year. 11/26/91 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Conditions 9 and 10): 9. A. There shall be no public address system other than for background music and emergency operations. B. No recreational use of Owls Creek associated with this park. C. The outdoor concert stage shall not encroach into the trees area in the northwest portion of the site. The concerts must conclude by 11:00 p.m. The stage and speakers shall be oriented away from Owls Creek. During detailed site plan review the applicant shall engineer the stage to minimize sound in the Owls Creek area. Engineering plans must meet the approval of the Director of Museums and the Planning Director. D. Noise shall be monitored and evaluated according to acceptable decibel standards. (The acceptable level will be determined.) 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architect/Design. Height limitation will be varied in this area only. B. A Board of Zoning Appeals variance is required for all structures exceeding the 35-foot height limitation which may occur only in the area of Condition 10A as described below. C. The proposed tram is approved only for the route shown on the submitted site plan dated January 31, 1990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be allowed to cross Owls Creek in any other location. D. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for review before any clearing or development activity takes place. The plan shall include a pre- and postdevelopment tree inventory. This condition shall apply to all future development. E. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. 4/14/92 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 10): 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architect/Design. The proposed Bungee Jumping Tower may be located north of the mechanical rides area, adjacent to the Strike Zone. Height limitation will be varied in the mechanical rides area and for the Bungee Jumping Tower only. The tower shall be no more than 150 feet in height. Air filled safety bags may be used instead of netting. 2/11/03 Conditional Use Permit Recreational Facility of an Outdoor Nature (Amusement Park Racetrack) Approved ZONING HISTORY Page 10

11 1. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. 2. The building shall be painted to match the existing color scheme of the other buildings in the Motorworld theme park. 3. Category IV plantings shall be installed along the western edge of the site outside of the ultimate right of way for South Birdneck Road to serve as a buffer along the roadway. Planting is encouraged to be innovative in terms of spacing and linear arrangement to allow the widest possible variation for visual enhancement while separating uses. A solid screen of plantings is not necessary for this project. Plantings shall be installed prior to a certificate of occupancy for the new racetrack building is issued. 4. A site plan showing the new building location, the reconfiguration of the existing racetrack and the Category IV plantings along the western edge of the site shall be submitted to the Development Services Center for review and approval. 5. All conditions attached to the original use permit and all modifications shall remain in effect. 1/13/ Change of Zoning District Classification from R-10 Residential District, A-12 Apartment District and B-2 Community-Business District to Conditional I-1 Light Industrial District and Modification of a Conditional Use Permit for a recreational facility of an outdoor nature reduction in land area Approved. The following proffers are attached to the Conditional Rezoning: 1. Landscaping shall be installed in a thirty-foot (30) strip along the Property s entire Birdneck Road street frontage. 2. All freestanding signs shall be brick monument style signs. No neon lighting visible from Birdneck Road or the proposed private roadways within the project shall be permitted on the Property. 3. The buildings constructed on each of the proposed lots shall have brick, split face block, or Dryvit as the exterior surface of the front, with the remainder of the building of the same material or, painted block or metal. All exterior surfaces shall have an earth tone color. 4. Specific business uses that will not be allowed on the Property are anything that would involve automotive repair and / or service, car wash facilities, heavy equipment sales and service, personal watercraft rentals, or other type of industrial use that involves the use or storage of hazardous chemical or materials that could possibly cause damage to Owls Creek and its tributaries due to accidental runoff or contamination. 5. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on-site storm water retention ponds and grassed swales. Riprap shall be used at all outfalls. 6. Trees shall be preserved on the Property where possible. A tree protection plan and planting plan shall be submitted to the Planning Director, or his designee, for review before any clearing or development activity takes place. 7. All lighting shall be low level and directed toward the interior of the Property. 8. During the detailed site plan review conducted by Grantee, Grantor shall cause a Traffic Impact Study of the impact of the development of the Property on Birdneck Road to be made, and, prior to the issuance of the first Certificate of Occupancy for users of the Property, Grantor shall substantially complete, or post a bond for the completion of, any requirements on Birdneck Road at the entrance to the Property as provided for in the Traffic Impact Study. 9. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 4/27/04 - Change of Zoning District Classification from R-10 Residential District and A-12 Apartment District to Conditional I-1 Light Industrial District and Modification of a Conditional Use Permit for a recreational facility of an outdoor nature reduction in land area - Approved. The same proffers of the Rezoning on 1/13/04 (listed above) apply to the site. 6/14/11 Change of Zoning Classification from P-1 Preservation to B-2 Community Business and a Conditional Use Permit for an Outdoor Recreation Facility PROFFERS: ZONING HISTORY Page 11

12 PROFFER 1: The use of the Property shall be limited to a theme amusement or recreational water park. PROFFER 2: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. CONDITIONS; 1. Before any land disturbance occurs on the site the applicant shall submit a landscape plan to the Current Planning Division of the Planning Department for review and approval. The plan shall depict the existing natural characteristics of the site. Healthy plant material within the site shall be preserved and integrated into an effective landscape design. Clearing in this area shall be confined to the absolute minimum to accommodate the proposed facility. 2. All lighting should be low level and directed toward the interior of the park. 3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 4. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 5. No rock concerts or loud music performances will be permitted. ZONING HISTORY Page 12

13 DISCLOSURE STATEMENT Page 13

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16 DISCLOSURE STATEMENT Page 16