20140709-pln-cur-d2-sundin-modcrz - vbgov.com...jul 09, 2014 · the sundin dental center, llc...

THE SUNDIN DENTAL CENTER, LLC Agenda Item D2

D2July 9, 2014 Public Hearing

APPLICANT & PROPERTY OWNER:

THE SUNDIN DENTAL CENTER,

LLC

STAFF PLANNER: Carolyn A.K. Smith

REQUEST: Modification of Conditional Change of Zoning approved by the City Council on January 23, 2001. ADDRESS / DESCRIPTION: 1365 Laskin Road GPIN: 24172900290000

ELECTION DISTRICT: BEACH

SITE SIZE: 20,500 square feet

AICUZ: Greater than 75 dB DNL

Background The Conditional Rezoning from O-2 Office District to Conditional B-2 Community Business District was approved by the City Council on January 23, 2001. This request permitted the conversion of a portion of an existing 4,850 square foot office building for use as a wholesale antique furniture and decorative arts business. The Conditional Rezoning has one proffer, listed below, that limits 900 square feet of the building for use solely by a wholesale antique sales operation and limits the remainder of the building for use solely as a dentist office. 2001 Proffer Agreement:

1. Approximately 900 square feet of the 4,854 total square feet of the building on the Property will be used to operate a wholesale business known as “Dealers’ Choice Antiques” (“new business”) which will sell antique furniture and decorative items to other dealers and decorators. The new business will be open by appointment only. The remaining office space shall continue to be used as dental offices.

Details The existing dental operation now occupies the entire first floor of the building leaving a vacant, leasable area on the second floor, adjacent to the wholesale antique business. The applicant would like to lease

BACKGROUND / DETAILS OF PROPOSAL


this area to an office user that, if not for the limiting proffer, would be allowed as a matter of right in the B-2 Office District. In addition, in the event that the antique operation vacates the building, the applicant would like to remove the existing limitation on 900 square feet of the building and now allow more uses within the building permitted in the B-2 Office District.

EXISTING LAND USE: Dental office and wholesale antique business SURROUNDING LAND USE AND ZONING:

North: Laskin Road Single family dwellings / R-20 Residential District

South: Preschool / O-2 Office District East: Offices / O-2 Office District

West: Offices / O-2 Office District NATURAL RESOURCE AND CULTURAL FEATURES:

The property is located within the Chesapeake Bay watershed. The rear of the property is within the 100-year floodplain and the southern property line is within Lake Fremac. The site is predominately impervious as there is an existing building and parking lot on the approximately 20,000 square foot lot.

COMPREHENSIVE PLAN: The Hilltop SGA Master Plan was adopted by reference in the Comprehensive Plan on August 28, 2012. The Plan’s vision is to transform this area into “a convenient, regional retail destination within close proximity to the beach.” Specifically for this location, the Plan calls for non-residential mixed use: “a mixture of retail, office, and other non-residential uses.”

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin Road is a four-lane major urban arterial. The VDOT Laskin Road Phase I, which is currently unfunded for construction, will widen Laskin Road to six lanes and remove the feeder road in front of this site. The site will have a direct access point to Laskin Road after completion of this project.

TRAFFIC: Street Name

Present Volume

Present Capacity Generated Traffic

Laskin Road 32,300 ADT 1 27,300 ADT 1 (Level of Service “D”) - 31,700

ADT 1 (Level of Service “E”)

Existing Land Use 2 – 131 ADT

Proposed Land Use 3 – 148 ADT

1 Average Daily Trips 2 as defined by dental office and furniture store

LAND USE AND COMPREHENSIVE PLAN

IMPACT ON CITY SERVICES


3 as defined by a dental office, furniture store and office

WATER & SEWER: This site is already connected to both City water and sewer. There is no anticipated impact expected with this request.

As desired by the applicant in 2005, the existing proffer agreement limits 900 square feet of the existing building for use solely by a wholesale antique sales operation and restricts the remainder of the building for use solely as a dentist office. As the applicant wishes to offer a portion of the building to another tenant, specifically a pest control business, a modification to the existing proffers is required. If not for the existing limiting proffer agreement, this office use could operate on this site as a matter of right. This request does not represent a significant departure from the existing office uses on this site and is consistent with the Hilltop Strategic Growth Area Plan recommendation for non-residential mixed use: “a mixture of retail, office, and other non-residential uses.” Staff recommends approval of this request with the submitted proffers. The proffers are provided below.

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: Approximately 900 square feet of the 4,854 total square feet of the building situate upon the Property will be used to operate a wholesale business now known as “Thee and Me Antiques”, formerly known as “Dealers Choice Antiques”, which will sell antique furniture and decorative arts to other dealers and decorators. The said antique business will be open by appointment only. In the event that the said antique business closes or relocates to another property, then and in that event, the space formerly used by the antique business shall be used for any purpose listed as a permitted use under the B-2 zoning classification. PROFFER 2: The remainder of the space located on the second floor of the building situate upon the Property may be used to operate one of the following permitted uses, it being the intention of the Grantor to lease the remaining space to a third party tenant: (i) Building mounted antennas meeting the requirements of Section 207 of the CZO; (ii) Business studios, offices and clinics; (iii) Child care and child care education centers; (iv) Communication towers meeting the requirements of Section 232(j) of the CZO; (v) Drugstores, beauty shops and barbershops and other similar personal service establishments; (vi) Eating and drinking establishments with drive-through windows; (vii) Eating and drinking establishments without drive-through

EVALUATION AND RECOMMENDATION

PROFFERS


windows; (viii) Banks; (ix) Florists, gift shops and stationery stores; (xi) Funeral homes; (xii) Furniture repair and upholstering, repair services for radio and television and household appliances and other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses; (xiii) Greenhouses and plant nurseries; (xix) Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; (xv) Grocery stores, carry-out food stores and convenience stores whether or not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (xvi) Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (xvii) Laboratires and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices; (xviii) Laundry and cleaning agencies; (xix) Liquor stores, package only; (xx) Medical and dental offices and clinics; (xxi) Medical laboratories; (xxii) Museums and art galleries; (xxiii) Newspaper printing and publishing, job and commercial printing; (xxix) Off-site parking facilities, subject to the provisions of subsection (c)X of the CZO; (xxv) Outdoor cafes; (xxvi) Outdoor plazas; (xxvii) Personal service establishments, other than those listed separately; (xxviii) Public buildings and grounds; (xxix) Public utilities installations and substations provided storage and maintenance facilities shall not be permitted; and provided further that utilities substations, other than individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings; (xxx) Public utility offices; (xxxi) Recreational facilities other than those of an outdoor nature, with a maximum floor area of 7,500 square feet; (xxxii) Religious uses with a maximum floor area of 4,000 square feet; (xxxiii) Repair and sales for radio and television and other household appliances and small business machines; (xxxiv) Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single or multiple family dwelling, church, park or school; (xxxv) Specialty shops; (xxxvi) Wholesaling and distribution operations, provided that such operations do not involve the use of more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or any vehicle rated at more than one and one-half (1.5) tons, or a total of more than five (5) delivery vehicles; (xxxvii) Wind energy conversion systems, freestanding, except as further provided in the CZO; and (xxxviii) Wind energy conversion systems, roof-mounted, except as further provided in the CZO.

PROFFER 3: No chemicals will be stored outside on the Property as the Property is located within the Resource Protection Area. PROFFER 4: This Amended and Restated Proffer Agreement replaces the Proffer Agreement previously recorded in the Clerk’s Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4354, at page 277. PROFFER 5: Further lawful conditions or restrictions against the Property may be required by Grantee during the review of the Modification of Conditions Application and during review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals.

STAFF COMMENTS: The revised proffers are acceptable as the uses permitted have been expanded while maintaining the character of the building and surrounding area, thereby reducing the need for additional modifications to


the agreement in the future

The City Attorney’s Office has reviewed the proffer agreement dated June 4, 2014, and found it to be legally sufficient and in acceptable legal form.

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 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.


AERIAL OF SITE LOCATION


EXISTING SITE LAYOUT


SITE PHOTOGRAPH


ZONING HISTORY

# DATE REQUEST ACTION 1 01/23/00 Rezoning (O-2 to Conditional B-2) Granted 2 02/10/98 Rezoning (O-2 to Conditional B-1A) Granted

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DISCLOSURE STATEMENT

20140709-pln-cur-d2-sundin-modcrz - vbgov.com...jul 09, 2014 · the sundin dental center, llc...

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