Applicant & Property Owner Public Hearing July 13, 2016 City Council Election District Princess Anne Agenda Item 4 Request Modification of Conditions (Conditional Use Permit approved by City Council on December 3, 1996, modified February 12, 2008 and modified May 24, 2011) Staff Planner Jimmy McNamara Location 2641 Princess Anne Road GPIN 1494641457 Site Size 10.8 acres AICUZ Less than 65 db DNL Existing Land Use and Zoning District Religious use / AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Princess Anne Road Single-family dwellings / R-10 Residential South George Wyth Drive Wooded lot, Commercial shopping center / B-2 Community Business East Wooded lot / AG-2 Agricultural West Cultivated field / AG-2 Agricultural Page 1
Background and Summary of Proposal On December 3, 1996, a Conditional Use Permit was approved for a Religious Use on the subject site. The Virginia Beach City Council granted a Modification of the Conditional Use Permit on February 12, 2008, that allowed the placement of a portable unit for education and ministry related activities, south of the existing church. The use of the portable unit had a time limit of three years from the time of approval. On May 24, 2011, a Modification of the Conditions was approved that extended the use of the portable unit for another five years. When the previous modifications were approved allowing the portable unit, the church believed they would have ample time to raise funds to construct an expansion to the main structure. Unfortunately, those efforts have fallen short, and accordingly, the applicant now requests that the portable units be permitted to remain on-site for an additional ten years. The portable unit is a single-story structure that is set back a great distance from Princess Anne Road and is partially screened by the existing church building. It is equipped with an ADA accessible ramp. 3 1 2 Zoning History # Request 1 MOD Approved 05/24/2011 MOD Approved 02/12/2008 CUP (Religious Use) Approved 12/03/1996 MOD Approved 10/27/1994 CUP (Religious Use, Day-Care Center & School) Approved 10/26/1993 2 MOD Approved 05/10/2011 CUP (Fuel Sales) Approved 05/10/2011 MOD Approved 03/27/2007 CRZ (AG-1, AG-2 & B-1 to Conditional B-2) Approved 06/08/2004 REZ (AG-1 to B-1) Approved 02/02/1978 3 CUP (Religious Use) Approved 06/10/1997 CRZ (AG-1 to Conditional A-18) Approved 07/08/2014 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
Comprehensive Plan Recommendations The Comprehensive Plan identifies this parcel as being within the Historic Princess Anne Center, a subarea of Princess Anne Commons. The Princess Anne Commons lies within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, a designation that reduced by-right residential density for property within restricted Air Installation Compatible Use Zone (AICUZ); yet overall still offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. It is not the intent for Princess Anne Commons to become part of the urban area north of the Green Line. Instead, the general goals for land uses of this area are to encourage quality-planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. (p. 4-1, 4-2) The Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a balanced blend of residential, commercial, institutional uses, and open spaces that are compatible with and complementary of the form and function of the Municipal Center and Court Complex. The Princess Anne Historic and Cultural Overlay Zoning District should be expanded to include all of the Historic Princess Anne Center, which includes the subject site. (p. 4-12) Additional planning policies for this area are in the ITA and Vicinity Master Plan that serves as the master plan for Princess Anne Commons. As a component of the Princess Anne area that falls outside of restricted AICUZ, the ITA and Vicinity Master Plan calls for this parcel to be agricultural/rural residential. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. As noted above, the Comprehensive Plan calls for the expansion of the Princess Anne Historic and Cultural Overlay Zoning District to include this site; however, the site currently is not located within the overlay district. Traffic Impacts No additional impacts to traffic are anticipated with this request. Public Utility Impacts Water and Sewer The site currently connects to both City water and sanitary sewer service. Evaluation and Recommendation It is Staff s opinion that the proposed extension of the use of the portable unit for an additional ten years is acceptable until funds for a permanent educational wing can be raised. A portion of the undercarriage skirting has been damaged and needs replacement, or repairing. A condition has been added recommending the repair or replacement of the existing skirting and the planting of foundation landscaping along the skirting that is visible from Princess Anne Road and the adjacent property. It is also recommended that street frontage landscaping, adjacent to the existing parking lot be installed to bring the site into compliance with the planting requirements of the Zoning Ordinance. Staff recommends approval of the request subject to the conditions below. Page 3
Recommended Conditions All conditions attached to the Conditional Use Permit granted by City Council on December 3, 1996 and the subsequent Modification of Conditions granted on February 12, 2008, and on May 24, 2011, shall be deleted and replaced with the following: 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site layout. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The existing temporary access to the site from Princess Anne Road shall be removed once an alternative access is established. 3. One portable modular structure shall be allowed for a period of ten (10) years from the date of City Council approval of this request. The modular structure shall adhere to the following: a. The portable structure shall be located on the site in substantial conformance to the submitted site layout referenced in Condition 1 above. b. The existing skirting around the base of the building shall be either repaired or replaced to provide visual screening of the under-carriage of the unit. The skirting shall be maintained and shall not fall into a state of disrepair. c. Foundation landscaping, consistent with the City of Virginia Beach Landscaping Guide, shall be installed along the entire western base of the building visible from Princess Anne Road. d. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained prior to occupancy of the structure. 4. Street frontage landscaping, consistent with the requirements of the City of Virginia Beach Landscaping Guide, shall be installed between the parking lot and Princess Anne Road. 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
Proposed Site Layout Page 5
Site Photos Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13