18 May 9, 2012 Public Hearing APPLICANT: BOUNCE HOUSE, LLC

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1 18 May 9, 2012 Public Hearing APPLICANT: BOUNCE HOUSE, LLC PROPERTY OWNER: MIKE LAGILLIA REQUEST: Conditional Use Permit (outdoor recreation facility) STAFF PLANNER: Ray Odom The applicant is requesting a Conditional Use Permit for an outdoor recreation facility (battery operated bumper boats) on this 50-foot wide, 7,000 square foot site. ADDRESS / DESCRIPTION: nd Street GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 7,000 square feet AICUZ: db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for an outdoor recreation facility (battery operated bumper boats). The subject site is 50-feet in width, 140-feet in depth and totals 7,000 square feet. The submitted site layout plan and the renderings of the site show an above-ground pool with a 36-inch depth, which covers the majority of the site. Composite plank decking, 48-inches above grade, is shown around the rear half of the pool area. A sidewalk is depicted around the front portion of the pool with stairs and a handicap ramp accessing the decking area. Fencing is shown as a six-foot high bronze aluminum rail and picket fence with faux brick columns along the northern, southern and eastern property lines and an eight-foot high solid wood fence is shown along the western property line. Fifteen unspecified landscape plantings are depicted on the plan. A free-standing sign is also shown facing 22 nd Street. Page 1

2 The applicant indicates that the facility will be open from May 15 through September 15. Hours of operation will be 10:00 a.m. till 10:00 p.m. Twenty boats, providing ten minute rides, will be in operation at any given time. Approximately ten to fifteen employees are anticipated. The submitted site layout plan and renderings do not meet City standards and regulations. The Resort Area Commission Planning Design Review Committee (RAC/PDRC) have not finalized their review of the design elements. This application was submitted on November 18, Staff has conveyed its concerns pertaining to the application during several conversations with the applicant and the property owner. The concerns included issues with the site layout plan and associated renderings as well as the appropriateness of this use on the subject site. On March 26, 2012 a letter was sent to the applicant outlining staff s concerns with the site layout plan and associated renderings. In that same letter, the applicant was advised that it is staff s position that this proposed use is not appropriate for this site. Please see pages 5 and 6 of this report to view the letter sent to the applicant. No new information has been submitted to staff or to the Resort Area Commission, Planning and Design Review Committee since the date of the letter. EXISTING LAND USE: Vacant site (dwelling was recently demolished) LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: 22 nd Street / Outdoor recreation (mini-golf) / triplex dwellings / RT-3 Resort Tourist District South: Restaurant with offices above / RT-3 Resort Tourist District East: City offices / RT-3 Resort Tourist District West: Single-family home / RT-3 Resort Tourist District COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Strategic Growth Area 8, Resort Area. 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. It should be noted that the structure immediately adjacent to this site, to the east, is the old Chesapeake and Potomac Telephone building (c. 1927) and former City library. This building is presently owned by the City of Virginia Beach and contains City Offices. This early-twentieth-century public building displays a Classical Revival form with stylistic elements. The building is a two-story, gable-front plan building, decorated with a pediment front door surrounded with engaged Roman Doric columns, cast-stone keystones on the first level, and a round vent in the center of the pediment. The building sits on a raised podium and implements the traditional temple form. Sensitivity to this structure should be a consideration when designing an adjoining site, as there are few early 20 th century non-residential structures remaining in the Resort Area. Design elements concerning setbacks and landscape buffering should be considered. Page 2

3 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There is an ongoing CIP project to improve the traffic signals and install fiber interconnect cables along the 22 nd Street corridor. Construction is scheduled to begin in TRAFFIC: Street Name Present Volume Present Capacity 22 nd Street 11,130 ADT 14,800 ADT (2011) 1 (Level of Service C ) 22,800 ADT (CAPACITY / Level of Service D ) 27,400 ADT (Level of Service E ) Generated Traffic Existing Land Use ADT Proposed Land Use _ No additional traffic generation is anticipated with this use 1 Average Daily Trips 2 as defined by current zoning WATER: City water is available to this site. SEWER: This site currently connects to City sanitary sewer. Analysis of Pump Station #003 and the sanitary sewer collection system is required to ensure future flows can be accommodated. HEALTH DEPARTMENT: The City Attorney has determined that the proposed operation must comply with the Swimming Pool Ordinance. The application and plans must be submitted to the Virginia Beach Health Department for review and approval prior to beginning construction. A pool permit is required from the Health Department prior to opening. EVALUATION AND RECOMMENDATION The proposed Conditional Use Permit for an outdoor recreational bumper boat facility is not acceptable. This type of resort family oriented recreational use is encouraged within the Oceanfront Resort, but only if it is properly located and designed. That is not the case with this proposal. In this instance, the applicant is proposing to place an outdoor bumper boat facility on a 50-foot wide lot adjacent on the east to one of the Oceanfront s oldest remaining non-residential structures (former Chesapeake and Potomac Telephone building (c. 1927) / former City library), which is currently being utilized for City offices. On the west side of the lot is a single-family house, and there is less than five feet between the proposed use and the wall of the house. An outdoor recreational use on a parcel this small, adjacent to a historic building and a single-family house lacks the area necessary for good site design and adequate screening and buffering. Page 3

4 If the applicant was able to purchase other adjoining lots, and thus, create a development site of sufficient size that development regulations and standards could be met, staff s evaluation of the proposal might result in a different conclusion, particularly if the applicant submitted a site layout plan and renderings to the Resort Area Commission Planning and Design Review Committee. As currently submitted, however, the applicant s proposal is unacceptable from all perspectives, zoning, development regulations, and planning policies. There are significant unanswered questions pertaining to the design of the facility, the location, and the operational aspects; however, the applicant has not responded to staff s inquiries. More detail should be provided on the landscaping (type and size), customer flow, lighting, and any proposed buildings or storage areas, including those housing equipment or, potentially, the boats in the off-season. The plan does not show where tickets are purchased, where customers will enter and exit (alley, 22 nd Street, or both), or where vehicles will park. It is staff s conclusion that, based on the current proposal, staff must recommend denial of this application. If the Planning Commission desires to approve the request, the following condition is recommended: CONDITIONS 1. The applicant shall submit to the Development Services Center a site plan meeting all requirements of City development ordinances as well as the Public Works Standards and Specifications prior to any permits being issued for this 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 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

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7 AERIAL OF SITE LOCATION Page 7

8 PROPOSED LAYOUT PLAN Page 8

9 FRONT RENDERING Page 9

10 REAR RENDERING Page 10

11 1 2 ZONING HISTORY # DATE REQUEST ACTION 1 02/23/1999 Use Permit (Outdoor Recreational Facility-Batting Approved Cages) 2 06/08/2004 Use Permit (Eating and Drinking Establishment) Approved Page 11

12 DISCLOSURE STATEMENT Page 12

13 DISCLOSURE STATEMENT Page 13