14 April 9, 2014 Public Hearing

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1 14 April 9, 2014 Public Hearing APPLICANT: KOCH DEVELOPMENT CO. PROPERTY OWNER: SEA ESCAPE CORPORATION STAFF PLANNER: Kristine Gay REQUEST: A. Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code B. Conditional Use Permit (Outdoor Recreation Facility) ADDRESS / DESCRIPTION: 1701 Atlantic Avenue GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 15,000 square feet AICUZ: db DNL Sub-Area 1 BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for an Outdoor Recreation Facility to erect a 190-foot tall SkyWheel at 1701 Atlantic Avenue. The property is zoned OR Oceanfront Resort District and is regulated by the Oceanfront Resort District Form-Based Code (FBC). Section 5.2 of the FBC requires that all Outdoor Recreation Facilities obtain a Conditional Use Permit. As the SkyWheel structure is an irregular form which does not meet the prescribed criteria of any Building Type as defined by the FBC, the applicant is also requesting a Special Exception for Alternative Compliance. The subject site is 15,000 square feet and has 100 feet of frontage along Atlantic Avenue as well as the Boardwalk. The site is currently used as an outdoor recreational area and is developed with the 17 th Street Stage. The stage is situated on the western portion of the site with the back of the stage facing Atlantic Avenue; the remainder of the lot to the east is an open lawn for the public to enjoy live music and events. Page 1

2 Immediately adjacent to the south of the subject property, is approximately 6,000 square feet of the public right-of-way of 17 th Street and a 6,000 square foot City-owned parcel. The public right-of-way of 17 th Street has been improved to primarily accommodate pedestrians traversing to and from the beach; serve as an open public area; and to allow vehicular access to the restaurant to the south at 1609 Atlantic Avenue. The proposed SkyWheel will be 190 feet tall. The base of the structure is 20 feet tall; the diameter of the wheel portion of the structure is 170 feet. As shown on the site plan, the SkyWheel will be located in the center of the site. To the east, the wheel will extend for approximately 28 feet into the area above the public boardwalk and greenbelt. To the west, the wheel will not extend over the property line into the public right-of-way of Atlantic Avenue. Located on the site, to the north of the SkyWheel, will be an Operator Room. A 1,500 square foot ticket booth will be located on the western lot line adjacent to Atlantic Avenue. A four-foot tall wrought iron-style fence will surround the lot, as shown on the site plan. Removable metal posts with connecting chains (as shown in the included images) will be used to delineate the queue line for guests. The metal posts will be inserted into anchoring holes that are permanently set into the pavement. When the posts are not installed and in use, the anchoring holes will be covered with a flat metal top that will be flush with the pavement. Guests will purchase tickets from an opening in the south façade of the ticket booth and may then proceed through the queue line to board. Each ride is 3 full rotations and lasts about 12 minutes. After riding, guests may purchase small attraction light-up items, or photos from the ride, from the retail space inside the building, and then exit the building to the sidewalk at the corner of Atlantic Avenue and 17 th Street. The SkyWheel has 42 climate-controlled glass-enclosed gondolas. Each gondola has a maximum capacity of 6 passengers; this brings the maximum capacity of the SkyWheel to 252 passengers at one time. Ticket prices will range between $8.00 and $14.00 during the summer. The use will operate yearround. During the summer, hours of operation will be from 11:00 am to midnight, daily. During the spring and fall season, the hours of operation will be 11:00 am 10:00 pm, Sunday through Thursday, and 11:00 am 11:00 pm, Friday and Saturday. During the winter, hours of operation will be 11:00 am to 7:00 pm, Sunday through Thursday, and 11:00 am to 9:00 pm, Friday and Saturday. For site security and safety of guests, a security guard will be on site at all times. In case of an emergency, there will be a call button located in each gondola and no guests will be allowed to ride alone. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Public Park, Outdoor Amenity Space, 17 th Street Stage SURROUNDING LAND USE AND ZONING: North: Condominiums / OR Oceanfront Resort District South: Restaurant / OR Oceanfront Resort District East: Boardwalk, Outdoor Amenity Space West: Atlantic Avenue Restaurant / OR Oceanfront Resort District NATURAL RESOURCE AND There are no known significant natural or cultural features located Page 2

3 CULTURAL FEATURES: on this site. COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). The Resort Area Strategic Action Plan (RASAP) is the guiding planning policy for land use and development in this area. Revitalization efforts have and continue to transform the Resort Area into a major activity center including strengthened neighborhoods. Further, the site is located within the Atlantic and Pacific Avenue Corridor of the Resort Area Strategic Action Plan (RASAP). The RASAP encourages a continued focus on achieving a Year-Round Resort. This type of resort recreational use is strongly encouraged in this area, especially since it accommodates year-round use. The SkyWheel will draw residents and visitors to the area during the winter season when they are most needed. Special consideration should be given to hours of operation, noise and lighting given the height and scale of the wheel and the proximity to adjacent hotels. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This site borders both Atlantic Avenue and 17 th Street. This segment of Atlantic Avenue is a two-lane minor urban arterial roadway with an 80-foot wide right-of-way. The site also borders 17 th Street, with an 80- foot wide right-of-way. The City s Master Transportation Plan does not indicate changes to either roadway in the vicinity of this site, and there are currently no Capital Improvement Plan (CIP) projects planned in this area. TRAFFIC: There do not appear to be any traffic safety or delay concerns associated with the trips generated by this application due to the relative capacity of the surrounding roadway network. EVALUATION AND RECOMMENDATION The applicant requests to erect an approximately 190-foot tall SkyWheel on property zoned OR Oceanfront Resort District. The proposed SkyWheel is an Outdoor Recreational Facility and per Section 5.2 of the Oceanfront Resort District Form-Based Code (FBC), a Conditional Use Permit is required. As the proposed use and structure is atypical in nature, the proposed site plan and structural plans do not meet the prescribed criteria for any Building Type as defined by Chapter 2 of the FBC. Accordingly, the SkyWheel cannot be permitted without the approval of a Special Exception for Alternative Compliance to the FBC. While the SkyWheel is an atypical form, a permanent 1,500 square foot Ticket and Souvenir Building is proposed at the southwest corner of the site. According to Section 2.1 of the FBC, the subject site is located on a Shopping 2 Frontage. This frontage allows the Mixed-Use Building Type or the Civic Building Type. For the purpose of this evaluation, Staff is using the criteria of the Mixed-Use Building Type, as the dimensions and siting of the proposed building are most comparable to the criteria of the Mixed-Use Building Type. In the table below, Staff compares the dimensional attributes of the proposed building with the criteria for the Mixed-Use Building Type. In the final column of the table, Staff provides Page 3

4 its conclusion regarding what is appropriate for each criterion, and is thus, recommended as a condition. Mixed-Use Building Type Criteria Required Proposed Conditioned Atlantic Avenue Setback Minimum Boardwalk Setback Minimum 17 th Street Setback Minimum Build-To Zone Building Width in Build-To Zone (Atlantic Avenue) Building Width in Build-To (17 th Street) 70 (70%) 62 (62%) 45 (60%) 42 (56%) Outdoor Amenity Space 5% minimum Approximately 2% Height 25 minimum 16 to 28 Ground Story Transparency (minimum) 30% 19% Atlantic Avenue 10% 17 th Street 62 of building façade 20 of landscaping (82% total) (substantially as proposed) 56% (substantially as proposed) 2% minimum (substantially as proposed) 16 minimum and 25 minimum for 20% of each façade (substantially as proposed) 19% Atlantic Avenue 10% 17 th Street (substantially as proposed) Parking Requirement None None None The site meets all minimum lot area and dimensional requirements by being more than 3,000 square feet in area and having more than 30 feet of frontage. With regard to parking (Section 6.2 of the FBC), there is none required, as the site is located east of Atlantic Avenue, where parking is required only for lodging or residential use. With regard to height (Section 4 of the FBC), except for City-owned property, the predominant maximum height allowed for properties east of Atlantic Avenue is 200 feet (subject to Section 202(b)). The FBC Height Map designates the maximum height of the subject site as Open Space or Public Use. That designation is intended for parcels that are owned by the City or otherwise controlled by the City (such as an open space easement held in perpetuity). Staff has determined that the designation of the subject site and the parcel on the southern side of 17 th Street as Open Space or Public Use is an error, as both parcels are privately owned, and thus, should have the same maximum height allowance as the similarly situated parcels on the east side of Atlantic Avenue. Accordingly, Staff is drafting an amendment to correct the Height Map by showing the two parcels with a maximum allowable height of 200 feet. For the purpose of the current proposal, Conditions 6 and 7 are being recommended to address the minimum and maximum height limits associated with this application. While Staff finds that the Conditioned criteria in the table above are appropriate to the proposed use, and will provide a complementary relationship between the building and the pedestrian environment of Atlantic Avenue, the scale of the SkyWheel, and the open feel of the site, there are a few key concerns generated by the use that the proposed form of the site does not quite resolve. Staff is concerned that the associated hours of operation and entertainment related use of lighting may be a nuisance to adjacent property owners, specifically to the north. Stakeholder input included in the Resort Area Strategic Action Plan (RASAP) specifically calls out the need to increase the amount of residents in the resort area to support its year-round viability. To address this concern and as an effort to protect the existing residents from any increased level of lighting or noise, conditions have been included to limit light shows to taking place no later than 10:00 pm or 7:00 pm, depending on the time of year; prohibit the use of amplified music or noise; and require that the Zoning Administrator review the conditions attached to this application within one year of operation. Page 4

5 The submitted site plan exhibit requires an encroachment agreement to the east of the lot into the greenbelt of the boardwalk, as well as to the south of the lot into the public right-of-way of 17 th Street. While the Building Official is capable of waiving certain regulations of the Virginia Uniform Statewide Building Code (USBC), there are concerns regarding fire-rating, setback, and encroachment related regulations. The Virginia Amusement Device Regulations require that the SkyWheel be installed exactly as specified by the manufacturer. As the applicant has not submitted manufacturer specifications of the SkyWheel structure they will be constructing, the Building Official cannot be certain of the feasibility of constructing/developing the site as proposed. No potentially necessary waiver from the Building Official is guaranteed through this Conditional Use Permit or Special Exception for Alternative Compliance. Section of the FBC provides the Review Standards for Alternative Compliance applications, noting that the City Council shall consider the extent to which the proposed development, taken as a whole, satisfies the standards. Each of those standards is listed below, with a staff comment pertaining to the degree to which the applicant s proposal meets each: Promotes modes of transportation other than the automobile, including walking and transit. As the subject site is located east of Pacific Avenue and does not include any lodging or residential uses, no parking is required for this site. The applicant is proposing no parking and therefore is promoting other modes of transit. However, the proposal also relies on encroaching into the public right-of-way of 17 th Street for the ticket queue line. It is further anticipated that the line for both tickets and the SkyWheel attraction will consistently overflow into the public open space which serves as a connector for pedestrians to access the boardwalk. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. The extreme scale of the SkyWheel structure will provide visual interest and will be a large orientation point for pedestrians, especially visiting tourists. The overall treatment of the site, specifically the attraction queue line area adjacent to the public park and 17 th Street, is weak and offers limited visual interest or enhanced connectivity to the public park. Staff recommends the incorporation of colored or stamped concrete to enhance the design of the hardscape as well as the incorporation of large potted landscaping similar to that which is used at 1609 Atlantic Avenue. Images of this landscaping are included at the end of this report. While the understated 16 to 28-foot height of the building is appropriate in relation to the SkyWheel structure, the building does not meet the minimum ground level height, minimum number of floors, or minimum façade transparency requirements for the Mixed-Use Building Type as defined by Sections and 2.5 of the FBC. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place and is physically and functionally integrated with the built environment in which it is located. The proposed use is irregular and will add diversity to the options of resort-related attractions for visiting tourists. Staff is concerned of the relationship between the proposed use and the existing residential use to the north. The adjacent property owners currently oppose the proposed use. Physically and functionally speaking, the proposal is 60% short of the required Outdoor Amenity Space. This shortage of Outdoor Amenity Space amplifies Staff s concern that the proposed use and respective form of development will rely on the public park and right-of-way of 17 th Street to accommodate overflowing guests and will interfere with the public s ability to use the space as a park and a connector to the beach. Further, the relocation of the 17 th Street stage will have a limited viewing shed which will be interrupted by existing shade structures, the proposed SkyWheel, and the existing statue and planting. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. The site is located on a Shopping 2 and Beach Street Frontage. The Shopping 2 Frontage allows the Mixed-Use Building Type and the Civic Building Type. The Page 5

6 main intent of the Shopping 2 Frontage is to allow for mixed use and walkability; the main intent of the Beach Street Frontage is to facilitate high pedestrian activity between residential areas and the beach. The proposal is generally consistent with the intent of these frontages, however, as previously noted, Staff is concerned of the potential to interfere with pedestrian use of the public park and 17 th Street to connect to the boardwalk from Atlantic Avenue. Advances the goals and objectives of the parking strategy for the District. Per Section 6.2.2(B) of the FBC, this proposal is not required to provide any parking. The applicant is not proposing any parking spaces for employees or for the public. The parking requirements of Section 6.2.2(B) of the FBC have been met, and therefore the goals and objectives of the parking strategy have been advanced. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff finds that the impacts to the surrounding area as a result of the proposed deviations of Form-Based Code criteria vary but are fairly limited. The alternative form of the 1,500 square-foot ticket/souvenir building is generally consistent with the intent of the Mixed-Use Building Type and Shopping 2 Frontage, and creates an appropriate built-relationship with the extreme scale of the proposed SkyWheel structure. As summarized throughout the evaluation section of this report, Staff has remaining concerns that may benefit from further exploration of the best use and form of development for the subject site Staff concludes that the proposed use and associated form of the buildings and site generally satisfy the standards above; therefore, staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code and Conditional Use Permit. Section of the Form-Based Code provides City Council with the ability to add reasonable conditions of approval to an application for Alternative Compliance. Such conditions shall be limited to those intended to mitigate any adverse visual, functional, or other impacts of the deviation from the provisions of this Code or to promote compliance with the goals and objectives of the Resort Area Strategic Action Plan and this Code. Such conditions are recommended below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with SITE PLAN CONCEPT, SKY WHEEL AT 17 TH STREET PARK, prepared by WPL, and dated March 26, With the exception of any modifications required by any of these conditions or as a result of development site plan review, the Ticket/Souvenir building shall be developed substantially in conformance with the elevations and preliminary floor plan submitted with this application Page 6

7 entitled, SKY WHEEL VIRGINIA BEACH, prepared by TRI Architects of the Possible, and dated March 27, All signage shall meet the requirements of Section 6.3 of the Oceanfront Resort District Form- Based Code. 4. By conforming to the site plan referenced in Condition 1, there shall be no more than threehundred and fifty (350) square feet of retail space associated with this Outdoor Recreational Facility. 5. There shall be no outdoor display of retail goods. Items for sale shall be limited to those that directly relate to the SkyWheel attraction. There shall be no sale of alcohol associated with this use. 6. All proposed buildings shall meet the required street setbacks as defined by the Oceanfront Resort District Setback Map as found in Section 3.1 of the Oceanfront Resort District Form- Based Code. 7. The height of any structure shall not exceed two-hundred (200) feet. The Tickets/Souvenir Building shall be no less than sixteen (16) feet tall. Twenty (20) percent of each façade of the Tickets/Souvenir Building shall be a minimum of twenty-five (25) feet tall. With the exception of any requirements of the Federal Aviation Administration, the SkyWheel structure shall be no less than one-hundred seventy (170) feet tall. 8. The applicant shall comply with Section 202(c) of the City of Virginia Beach Zoning Ordinance by providing a copy of submitted notice to the Federal Aviation Administration (F.A.A.) as part of the application for site plan approval. 9. The ground level transparency for the building façade facing Atlantic Avenue shall be no less than 18%. The ground level transparency for the building façade facing 17 th Street shall be no less than 10%. 10. Foundation landscaping shall be provided for each building. A mixed screening border of tall ornamental grasses and low growing woody shrubs shall be installed along the wrought-iron style fencing on the eastern lot line. 11. The applicant shall incorporate large planters similar to those at 1609 Atlantic Avenue and referenced in this report and two (2) resort amenity trash receptacles between the SkyWheel and the public right-of-way of 17 th Street, and the 17 th Street park. 12. All landscaping shall be maintained in good health, and if needed, shall be replaced by the same or similar species. All landscaping shall be approved by the City Landscape Architect of the Development Services Center. 13. During all hours of operation, restrooms shall be provided for patrons and employees and must be located within five-hundred (500) feet of the subject site. 14. Lighting adhered to the wheel portion of the SkyWheel structure shall not be used for light shows outside the hours of dusk and 10:00 pm. Outside of the aforementioned hours, the wheel shall be lit with no more than one color at a time; the color may change after no less than five (5) minutes. Page 7

8 15. As included in the summary of operation, a Security Guard shall be on site twenty-four (24) hours a day. 16. There shall be no video monitor viewable from the public right-of-way of 17 th Street, Atlantic Avenue, or the Boardwalk. 17. There shall be no amplified music or noise associated with this use. 18. The ticket queue line shall encroach no further than five (5) feet into the public right-of-way of 17 th Street. 19. Operation of the SkyWheel shall take place within the hours below: Memorial Day through Labor Day: Daily: 11:00 am 12:00 midnight October through February: Sunday through Thursday: 11:00 am 7:00 pm Friday and Saturday 11:00 am to 9:00 pm. The remainder of the month of September after Labor Day, and March 1 st, up to Labor Day: Sunday through Thursday: 11:00 am 10:00 pm Friday and Saturday: 11:00 am 11:00 pm 20. The conditions attached to this use permit shall be reviewed for alterations by the Zoning Administrator within one year of operation. 21. In the event that any of the included conditions above cannot be met, the applicant shall be required to submit and have approved by City Council, an application for a Modification to Conditions. 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 8

9 AERIAS OF SITE LOCATION Page 9

10 SITE PLAN EXHIBIT Page 10

11 SKY WHEEL ELVATION Page 11

12 SKY WHEEL RENDERING Page 12

13 SKY WHEEL RENDERING Page 13

14 LEVATION OF TICKET/SOUVENIR BUILDING Page 14

15 PROPOSED GATE / FENCING Page 15

16 PROPOSED QUEUE LINE PROPOSED QUEUE LINE, WHEN NOT IN USE Page 16

17 EXISTING PLANTERS AT 1609 ATLANTIC AVE, 17 TH STREET RIGHT-OF-WAY, AND THE 17 TH STREET PARK Page 17

18 ZONING HISTORY # DATE REQUEST ACTION 1 05/29/2001 Modification to Conditions Approved 2 02/01/2010 Conditional Use Permit (Religious Use) Approved 3 08/31/2010 Conditional Use Permit (Museum/Art Gallery) Approved 4 12/01/2010 Conditional Use Permit (Commercial Parking Lot) Approved 5 08/21/2013 Conditional Use Permit and Alternative Compliance (Off-Site Parking Facility) Approved 07/10/2012 Adoption of Oceanfront Resort District From-Based Code Blanket Rezoning to OR-Oceanfront Resort District Page 18

19 ZONING HISTORY PRIOR TO 2001 Page 19

20 DISCLOSURE STATEMENT Page 20

21 DISCLOSURE STATEMENT Page 21

22 DISCLOSURE STATEMENT Page 22

23 DISCLOSURE STATEMENT Page 23

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