Applicant & Property Owner Ocean Breeze Holdings, LLC Agenda … · 2016. 10. 12. · Ocean Breeze...

Ocean Breeze Holdings, LLC Agenda Item 7

Applicant & Property Owner Ocean Breeze Holdings, LLC Public Hearing October 12, 2016

City Council Election District Beach

Request Modification of Conditions (Conditional Use Permit approved by City Council on June 23, 1986 and modified in 1990, 1991, 1992, 2003 & 2011) Staff Planner Robert Davis Location 849 General Booth Boulevard GPIN 2416752982 Site Size 19.72 acres AICUZ Greater than 75 dB DNL Existing Land Use and Zoning District Outdoor Recreation Facility / B-2 Community Business, Conditional B-2 Community Business Surrounding Land Uses and Zoning Districts North Woods, Virginia Aquarium / P-1 Preservation South Owls Creek tennis facility, Seatack Elementary School / P-1 Preservation East Campground / P-1 Preservation West Outdoor recreation facility / A-12 Apartment

Agenda Item 7


• A Conditional Use Permit for a Recreational Facility of an Outdoor Nature was approved by the City Council in

1986 and subsequent modifications to the overall park occurred in 1990, 1991, 1992, 2003, and 2011.

• The applicant is requesting to modify the condition that restricts the height of structures to 35 feet in this section of the waterpark. Specifically, the request is to replace an existing waterslide with a new 95-foot tall waterslide.

• The site is located in the greater than 75 noise zone. Due to the property’s proximity to Naval Air Station Oceana, as required, the applicant has contacted the Federal Aviation Administration for a determination regarding the project’s potential as a hazard to air navigation.

Zoning History # Request 1 CUP (Recreational and Amusement Facility of an

Outdoor Nature) Approved 06/23/86 MOD (Conditions) Approved 2/26/90 MOD (Conditions) Approved 4/23/90 MOD (Conditions) Approved 6/11/1991 MOD (Conditions) Approved 11/26/91 MOD (Conditions) Approved 4/14/1992 CUP (Recreational Facility of an Outdoor Nature) Approved 2/11/2003

2 REZ (R-10, A-12, B-2 to I-1) Approved 01/27/2004 MOD (Conditions) Approved 01/27/2004

3 MOD (Conditions) Approved 09/09/2008 4 CRZ (P-1 Preservation District to Conditional B-2)

CUP (Recreational and Amusement Facility of an Outdoor Nature) Approved 6/14/2011

5 CRZ (A-12- Conditional B-2) Approved 10/25/2011 6 REZ (Conditional I-1 to P-1) Approved 1/14/2014

CUP (Recreational Facility of an Outdoor Nature) Approved 1/14/2014

Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

The Comprehensive Plan identifies this site as being located in Suburban Focus Area 4 – Virginia Aquarium and Owls Creek Area. This area has great potential to be a national example of sustainable growth and economic development geared towards environmental preservation. With a vision supported by the community, the Virginia Aquarium and Owls Creek Area Master Plan encourages development or redevelopment of regional significance by protecting the natural environment, facilitating a mix of connectivity, and providing incentives for quality development (p. 1-83). More specifically, the subject parcels are located within the Entertainment and Education Center Areas of the Virginia Aquarium and Owls Creek Area Master Plan, adopted by reference as part of the Comprehensive Plan. The Master Plan considers this area to have great potential to be a national example of sustainable growth and economic development

Background and Summary of Proposal

Comprehensive Plan Recommendations

1 4 5

2

3 6


geared towards environmental preservation. An expanded waterpark and additional rides at the motor world park would provide one continuous area with an entertainment village as the core. (p. 12).

The site is within the Owls Creek watershed. Minor portions of the site have been identified as being located within the 100-year floodplain. Tidal wetlands have also been identified on the site. Any development involving these sensitive areas is subject to review and approval by the Army Corps of Engineers and the City of Virginia Beach Wetlands Board. There are no significant cultural features associated with the site.

There is no anticipated impact to traffic as a result of this request. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard in the vicinity of this site is a mid arterial up to six lanes with a 165 foot rights-of-way, shared use path and sidewalk, landscaped median, and curb and gutter. Currently no roadway CIP projects are scheduled in the vicinity of this application.

Water & Sewer The site is currently connected to both City water and sanitary sewer service.

The request for a Modification of Conditions to the existing Conditional Use Permit for an increase in the height of structures on the site from 35 feet to 95 feet, specifically for a new waterslide, is recommended for approval. In Staff’s opinion, the request is consistent with the Comprehensive Plan’s land use policies and the vision provided by the Virginia Aquarium and Owls Creek Area Master Plan as the proposal offers outdoor recreational activities for Virginia Beach residents and visitors to our City. The request complements Virginia Beach’s recreational programs and the resort hospitality industry. The conditions approved in 1986 and subsequent modifications from 1990 through 2011 for this portion of the waterpark have been updated and are recommended conditions of approval below. It should be noted that the determination regarding the project’s potential as a hazard to air navigation will be required during the final site plan review. A copy of the applicant’s correspondence regarding this issue is provided on page 13 of this report.

1. All conditions attached to the Conditional Use Permit granted by the City Council on 6/23/86 and the

subsequent modification of conditions granted on 2/26/90, 4/23/90, 6/11/1991, 11/26/91, and 4/14/1992 shall be deleted and replaced with the conditions below.

2. All drainage improvements shall be designed to minimize runoff into Owls Creek and its tributaries through the

use of on-site stormwater management facilities. Porous pavement material for all surface-parking areas shall

Natural and Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts

Evaluation and Recommendation

Recommended Conditions


be required, provided that the underlying soil is suitable. Riprap shall be used at all outfalls, unless otherwise approved by applicable City Staff.

3. Recreational use of Owls Creek shall be prohibited from this site. There shall be no boating on Owls Creek associated with this operation.

4. Pedestrian access to properties zoned P-1 Preservation District shall be limited to only the pedestrian bridges and the scenic overlook.

5. All lighting shall be low level and directed toward the interior of the park.

6. There shall be no public address system other than for background music and emergency announcements.

7. Mechanical rides and other activities shall only operate between the hours of 10:00 a.m. to 12:00 midnight. No motorized rides or noise disturbing activities shall be permitted after 12:00 midnight.

8. Musical events shall be limited to four per year and shall conclude by 11:00 p.m. Any temporary stage and speakers shall be oriented away from Owls Creek and shall be removed within 48 hours of the conclusion of such an event.

9. The waterslide depicted on page 7 of this report shall be located in substantial conformance with that exhibit, shall be no taller than 100 feet, and shall be subject to Section 202 of the Zoning Ordinance.

10. Existing healthy, mature trees on the property shall be preserved to the maximum extent possible.

11. No freestanding sign shall be permitted with the public rights-of-way, unless otherwise authorized by the City Council or by the Department of Public Works, as applicable.

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.


Proposed Location of Waterslide


Proposed Waterslide


Site Photos


Disclosure Statement

Ocean Breeze Holdings, LLC

x


Disclosure Statement


Contact with FFA Statement

Applicant & Property Owner Ocean Breeze Holdings, LLC Agenda … · 2016. 10. 12. · Ocean Breeze...

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