Request Alternative Compliance (Commercial Parking Lot in Restricted Area) Staff Recommendation Approval. Staff Planner Ashby Moss

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1 Applicant Property Owners Pacific Avenue West, LLC Public Hearing April 11, 2018 City Council Election District Beach Agenda Item 2 Request Alternative Compliance (Commercial Parking Lot in Restricted Area) Staff Recommendation Approval Staff Planner Ashby Moss Location Northwest Corner of Pacific and 23rd Street GPINs , , , Site Size 14,000 square feet AICUZ db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Undeveloped / OR Oceanfront Resort Surrounding Land Uses and Zoning Districts North Ocean Cove Hotel / OR Oceanfront Resort South Commercial outdoor recreation (Jungle Golf), commercial parking lot / OR Oceanfront Resort East Commercial - restaurant / OR Oceanfront Resort West Vacant lot, single-family dwelling / OR Oceanfront Resort Page 1

2 Background and Summary of Proposal The site has been vacant for several years and consists of a partially gravel, partially grassed lot. A Conditional Use Permit was approved for a Commercial Parking Lot spanning the subject site as well as the vacant property to the west in 2010, but site improvements were never provided as conditioned with the approval. Under previous ownership, the lot has operated as a commercial parking lot without the necessary improvements in the past. Therefore, the site is no longer eligible for deferral of site improvements for a temporary lot. The Oceanfront Resort District Form-Based Code identifies certain areas within the same block as properties zoned R Residential or A Apartment Districts, where only residential uses are permitted. Because they are typically incompatible with residential uses, certain automobile-centric uses, like drive-throughs and commercial parking lots, are prohibited in these areas. As a result, the applicant is requesting a Special Exception for Alternative Compliance in order to operate a commercial parking lot on the property until such time as the property is fully redeveloped. The submitted site layout depicts a 40-space parking lot (3 handicapped) that will utilize the existing curb cut located along 23 rd Street. The perimeter of the parking lot will have a 10-foot wide landscaped strip along Pacific Avenue and 23 rd Street, as required by Section 5A of the Site Plan Ordinance. A 6-foot high privacy fence is shown along the northern and western sides. Trash receptacles are clustered at two corners of the lot Zoning History # Request 1 CUP (Commercial Parking Lot) Approved 01/26/10 2 CUP (Commercial Parking Lot) Approved 12/26/02 3 ALT (Commercial Parking Lot) Approved 02/11/14 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Page 2

3 Evaluation and Recommendation This request for Alternative Compliance for a Commercial Parking lot is acceptable. Although the property is located within the area specified in the Oceanfront Resort District Form-Based Code as prohibited for commercial parking lots, this site is approximately 200 feet from the nearest residentially zoned property. Further, 23 rd Street is blocked so that vehicles cannot connect to Arctic Avenue, which protects the Old Beach neighborhood from cut-through traffic. Unfortunately, this site s proximity to the popular bars and nightclubs on The Block leaves it susceptible to rowdy behavior, especially during evening and nighttime hours. As an additional security precaution, staff recommends installation of a fence around the full perimeter of the parking lot, interior to perimeter landscaping, in order to channel pedestrians to a single pedestrian ingress/egress on 23 rd Street where the attendant will be stationed. Further, in order to buffer the neighboring hotel property to the north, staff has recommended a condition to provide a 10-foot landscape buffer with a 6-foot fence on the inside of the landscaping. Landscape materials and fencing shall be reviewed for compliance with Crime Prevention Through Environmental Design (CPTED) standards. Although commercial parking lots are not considered the highest and best use for properties in the Oceanfront Resort District, they can be acceptable as interim uses as long as they adhere to the regulations listed in Section of the City Code and provide site improvements. As an interim use, a five year time limit is recommended in order to control the prevalence of these lots in the future. Staff presented this application to the Resort Area Commission s Transportation, Pedestrian and Parking Committee (RAC TPPC) on March 29, 2018 and to the Planning and Design Review Committee (RAC PDRC) on April 3, The general consensus from RAC TPPC was that the lot was acceptable only if held to the same requirements as other commercial parking lots in the resort. RAC PDRC requested the opportunity to review and comment on the site plan, signs, and any other improvements when submitted to the Planning Department. Based on these considerations, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all requirements for commercial parking lots listed in Chapter 23, Section of the City Code. 2. The applicant shall submit a Site Development Plan to the Planning Department, Development Services Center for review and ultimate approval prior to operating the lot. The following additions shall be added as required features in addition to standard site improvements associated with commercial parking lots: a. Only one vehicular entrance is permitted which shall be located on 23 rd Street at a location acceptable to Public Works and Parking Management. The entrance shall be limited to the minimum width permitted by Public Works and improved to meet current standards as required by Public Works Specifications and Standards. b. The two existing driveway aprons on Pacific Avenue shall be repaired to restore curb, gutter and sidewalk to match the existing sidewalk. c. A minimum 10 street frontage landscape buffer, measured from the back of the sidewalk, shall be installed along Pacific Avenue and 23 rd Street. d. Fencing shall be installed around the perimeter of the parking lot, inside of the landscape buffer, except for a single pedestrian ingress/egress and a single, gated vehicular ingress/egress, both located on 23 rd Street. Fencing height and design shall be determined during site plan review. e. A 10 landscape buffer shall be planted on the northern property line. Plant materials shall be chosen and maintained to comply with Crime Prevention Through Environmental Design (CPTED) standards. Page 3

4 3. The applicant shall submit a photometric plan to the Planning Department, Development Services Center for review and ultimate approval. All outdoor lighting shall meet the requirements of Sec. 6.4 of the Oceanfront Form-Based Code and Public Works Specifications and Standards. 4. The applicant shall submit a sign package to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. Planning Department approval is required prior to erecting any signs on the property. 5. The applicant shall submit a detail of the gate, fencing, light fixtures, any other structures proposed to the Planning Department, Zoning Administration to review for consistency with the Oceanfront Resort District Design Guidelines. 6. The Conditional Use Permit is approved for five (5) years from the date of City Council approval. 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. Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth. The RASAP also calls for a district parking strategy with centralized and shared parking to alleviate growing traffic demand, reduce surface parking, and concentrate traffic flow. Natural and Cultural Resource Impacts There are no natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Pacific Avenue 15,318 ADT 1 & 2 14,800 ADT Level of Service C 22,800 ADT Level of Service D 1 Average Daily Trips 2 Weekday, Summer There is no ITE Trip Generation data for a commercial parking lot, as the parking lot itself does not generate trips. Trips are generated by the nearby land uses, and are concentrated at the parking lot. Therefore, trip generation has not been calculated for this application. n/a 3 Page 4

5 Pacific Avenue in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a four-lane facility within a 145-foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level of Service D during a weekday summer month. 23rd Street in the vicinity of this application is considered a two-lane undivided local cul-de-sac street. There is metered parking immediately to the east and west of the existing entrance. It is not included in the Master Transportation Plan. There are no roadway Capital Improvement Program projects slated for this area. The proposed entrance apron dimensions on 23rd Street need to consist of a 24-foot wide entrance with 15-foot radii. It appears the drawing is showing slightly larger dimensions. Page 5

6 Proposed Site Layout Page 6

7 Site Photos Page 7

8 Disclosure Statement Page 8

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