D1 August 13, 2014 Public Hearing

APPLICANT & PROPERTY OWNER:

FIVE DOG NIGHT, LLC

STAFF PLANNER: Kevin Kemp

REQUEST: (a) Floodplain Variance to Section 4.10 of the Floodplain Ordinance, fill within the Floodplain Subject to

Special Restrictions. (b) Modification of a Conditional Use Permit for an animal kennel facility, approved by the Virginia Beach

City Council on February 22, 2005. ADDRESS / DESCRIPTION: 1515 Drakesmile Road GPIN: 146954569610000

ELECTION DISTRICT: ROSE HALL

SITE SIZE: 7.46 acres

AICUZ: APZ 1 Greater than 75 dB DNL

Background The Conditional Use Permit permitting an upscale, suite only, indoor animal kennel was approved by the City Council on February 22, 2005. The Conditional Use Permit has three conditions. The full list of the conditions is provided at the end of this report. The site contains recreational, training and physical therapy opportunities for dogs such as walking trails, an obstacle course and an outdoor swimming pool. The existing 3,700 square foot building contains a grooming parlor, a physical therapy salon, indoor daycare, a cat condo and 10 luxury suites. A 1,200 square foot residence was also planned for the onsite caretaker, above the main building. On the 2005 conceptual layout of the site, additional parking and two buildings were proposed in future phases. As the applicant is now ready to move forward with the expansion, a modification to the existing Conditional Use Permit for additions to the facility is necessary. In addition, much of the property is located in the Floodplain Subject to Special Restrictions. Other than a

BACKGROUND / DETAILS OF PROPOSAL

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few specific exceptions, the Floodplain Ordinance prohibits fill (including land disturbance) within this floodplain unless authorized by a variance to the Floodplain Ordinance. Regardless of the size and location of any expansion to the existing business on this site, disturbance in the floodplain is unavoidable; hence, a Floodplain Variance is required. Details The proposal is specifically to add two buildings: a 5,200 square foot building for general veterinary care/office visits and a second 6,600 square foot building for an indoor pool for dog recreation and physical therapy. Thirty-one new parking spaces are also planned with this phase of the operation. The existing ingress/egress points along both rights-of-way, Drakesmile and Shipps Corner Roads, will continue to provide vehicular access to the site. Consistent with design of the existing buildings on the property, the elevations of the two proposed structures reflect the vernacular beach style, reminiscent of the lifesaving station at the oceanfront, with an exterior of light grey horizontal, cement fiberboard siding (Hardiplank); white trimmed clad windows; and, a green asphalt shingle roof. Architectural accents include copper standing seam metal roof on pop-outs and entrances and interesting trim above the covered porch main entrance. Details related to stormwater management will be addressed during final site plan review to the Development Services Center.

EXISTING LAND USE: Animal kennel and spa, veterinarian services. SURROUNDING LAND USE AND ZONING:

North: • Shipps Corner Road • Concrete facility & office, office warehouse / I-2 Industrial

District South: • Dam Neck Road

• Woods, stormwater management facility / I-2 Industrial District, I-1 Light Industrial District

East: • London Bridge Road • Single family dwelling, mulch facility / I-1 Light Industrial

District West: • West Neck Creek, woods / AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES:

The site is within the Chesapeake Bay watershed and a portion of the site is within the Resource Protection Area, the most stringently regulated portion of the Chesapeake Preservation Area. The site is heavily wooded and contains 100-year Floodplain Subject to Special Restrictions (as defined by the Floodplain Ordinance) and some non-tidal wetlands.

COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as being within the Suburban Area and, more specifically, within Special Economic Growth Area 3 (SEGA 3), South Oceana. The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth potential, targeting land uses compatible with the military uses. The City supports development of and redevelopment of SEGAs consistent with AICUZ provisions and the City’s economic growth strategy. Portions of SEGA 3 are impacted by high noise zones, accident potential zones, Navy restrictive easements, floodplain and other environmental constraints.

LAND USE AND COMPREHENSIVE PLAN

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MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Shipps Corner Road in the vicinity of this site is a two-lane collector. Drakesmile Road in the vicinity of the site is a four-lane suburban minor arterial. There are no CIP projects on Drakesmile Road; CIP Project 2.414.000 Shipps Corner Road Improvements consists of access management, turn lanes, geometric improvements, and pedestrian improvements with 90 percent design expected to be submitted in July 2014. TRAFFIC:

Street Name Present Volume Present Capacity Generated Traffic

Drakesmile Road

23,000 ADT 1

6,200 ADT 1 (Level of Service “C”) – 9,900 ADT 1 (Level of Service “D”) Existing Land Use 2 –

Unknown ADT Proposed Land Use 3 -

25 additional ADT Shipps Corner Road 9,100 ADT 1

28,200 ADT 1 (Level of Service “C”) - 30,600 ADT 1 (Level of Service “D”)

1 Average Daily Trips 2 as defined by existing kennel use

3 as defined by area of proposed additional veterinary office use WATER: This site is connected to City water. There is a 12-inch water main in Shipps Corner Road. SEWER: This site is already connected to City sewer and is currently utilizing a private force main. There is an existing six-inch City sanitary sewer force main in Shipps Corner Road. Water and sanitary sewer service must be verified and improved, if necessary, so that the new buildings will have adequate water pressure, fire protection and sanitary sewer service. Additional detailed review will be done during final site plan review. Section 6.2 of the Floodplain Ordinance states that the City Council may grant variances that:

“… will not be contrary to the public interest in cases in which the strict application of the provisions of this ordinance would effectively prohibit or unreasonably restrict the use of the subject property. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase of the base flood elevation.”

Section 6.4 states that the granting of a variance cannot create or result in: 1. Unacceptable or prohibited increases in flood heights; 2. Additional threats to public safety; 3. Extraordinary public expense; 4. Nuisances; or 5. Fraud or victimization of the public.

IMPACT ON CITY SERVICES

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And, furthermore: • The granting of such variance will not be detrimental to other property in the vicinity. • The circumstances giving rise to the variance application are not of a general or recurring nature. • Such circumstances arise from the physical character of the property or from the use or

development of adjacent property and not from the personal situation of the applicant. • The granting of such variance will not be in conflict with any city ordinance or regulation. • Variances shall be the minimum necessary to provide relief. • All variances shall meet all of the requirements for the Chesapeake Bay Preservation Area

Ordinance (Appendix F) and the Southern Watersheds Management Ordinance (Appendix G), unless a variance therefrom is granted.

City Zoning Ordinance - Section 220 – Purpose of Conditional Use Permits It shall be the duty of the City Council under the provisions of this article to evaluate the impact and the compatibility of each [conditional] use, and to stipulate such conditions and restrictions including those specifically contained herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing land uses and conditions and in terms of development proposed or permitted by right in the area; or where that cannot be accomplished, to deny the use as not being in accordance with the adopted Comprehensive Plan or as being incompatible with the surrounding neighborhood. The existing animal kennel and associated services is reflective of the desirable non-residential uses outlined in the Zoning Ordinance for properties within the Greater than 75 dB Ldn AICUZ and the Accident Potential Zone 1. The existing operation and the proposed expansion add to the mix of quality services available to Virginia Beach residents. It’s Staff’s opinion that the existing kennel and the proposed modifications are consistent with the recommendations found in the Comprehensive Plan for this area that calls for non-residential uses including a mix of light industrial, low-rise office and limited retail use. The high quality exterior building materials for the proposed two structures will mimic those utilized on the existing buildings and reflect the Comprehensive Plan’s building design guidelines. When the project was originally considered in 2005, a Floodplain Variance was not required for the development of the property. Today, due to the low elevation on the majority of the site, the new buildings and parking areas require encroachment into flood zone “AE.” Other than a few specific exceptions, Section 4.10 of the City’s Floodplain Ordinance prohibits fill in Special Flood Hazard Areas identified as Floodplains Subject to Special Restrictions. As set forth in the ordinance, filling, grading and all other associated construction activities qualifies as “development” requiring a Floodplain Variance. The request is to place approximately 650 cubic yards of fill on the property for the construction of the two new buildings and a parking lot. Section 4.3 of the Floodplain Ordinance requires new construction or any substantial improvement of any commercial, industrial, or non-residential building or manufactured home to have the lowest floor, including basement, be elevated a minimum of two feet above the base flood elevation (BFE). The BFE on this site is six feet; therefore, the finished floor elevation must be at eight feet or higher. The applicant will meet this requirement. The applicant intends to utilize a raised exterior perimeter building wall to minimize the amount of fill immediately adjacent to the buildings. In order to meet this requirement, either fill or piles are required to bring the improvements two feet above the BFE. Non-residential buildings located in “AE” flood zones may be flood-proofed in lieu of being elevated provided that the building components are water tight, as required in the Floodplain Ordinance. While flood-proofing is an

EVALUATION AND RECOMMENDATION

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option, based on the existing elevation of the drive aisle and existing elevation of the property where improvements are proposed it is not a suitable option. Based on this, the proposal is to raise the elevation of this section of the property up to 10 feet in elevation, necessitating a Floodplain Variance. The only high land available for mitigation outside of flood zone “AE” is heavily wooded and within the Resource Protection Area (RPA), the most stringently regulated portion of the Chesapeake Bay Preservation Area. In lieu of removing mature trees to achieve mitigation, the flood storage mitigation is proposed within stone and pipe under the future parking lot. A 1:1 mitigation ratio is desirous, but in direct relation to the topography of the site, the applicant is only able to mitigate a volume of 350 cubic yards without disturbance of mature vegetation within the RPA. In line with the stipulations for granting a Floodplain Variance, it is truly the physical character of the property and not from the personal situation of the applicant that this request for a variance is sought. In addition, the applicant’s professional engineer has indicated that the overall impact to the floodplain as a result of this disturbance will be less than a 0.05 foot increase. The proposed improvements are located out of the RPA, immediately adjacent to the interior drive aisle, so as to reduce the impact as much as possible to the environmentally sensitive portions of the parcel. It is Staff’s opinion that the site has carefully considered floodplain impacts, and has worked to both minimize the amount of fill required on the site and to provide acceptable on-site mitigation. Based on this, Staff recommends approval of both the Modification to the existing Conditional Use Permit and the Floodplain Variance.

1. All conditions attached to the Conditional Use Permit granted by the City Council on February 22, 2005, are deleted and are replaced with the conditions listed below.

2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the conceptual layout plans entitled, “Floodplain Exhibit of Five Dog Night, LLC, Animal Kennel, Virginia Beach, VA,” and “Conditional Use Modification Exhibit of Five Dog Night, LLC, Animal Kennel, Virginia Beach, VA,” dated July 23, 2014, prepared by Site Improvement Associates, Inc. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department.

3. The Proposed Buildings depicted on the plan referenced in Condition 2 above , when constructed, shall be in substantial conformance with the exhibits entitled, “Five Dog Night, LLC, Proposed Building Renderings.” The Existing Building referenced on the exhibit referenced in Condition 2 above as such, shall be constructed as represented on the elevations entitled, “Proposed Elevations of Johnson Kennels,” prepared by Martin & Martin Architecture, Inc., dated December 2004.

4. Consistent with the 2005 City Council approval, the Shipps Corner Road ingress/egress is limited to a right-in and a right-out only.

5. Unless otherwise required by the Planning Department/Development Services Center, the on-site floodplain mitigation shall be as depicted on the Plan and the detail referenced in Condition #2

CONDITIONS

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above.

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.

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Conditions of February 22, 2005 Conditional Use Permit

1. The site shall be developed in substantial conformance with the submitted concept plan entitled, Preliminary Layout for Animal Kennel, 2901 Shipps Corner Road, dated 11/1/04, prepared by Site Improvement Associates, Inc., with the ingress/egress at Shipps Corner Road limited to a right in and a right out ingress/ egress and subject to approval by the Department of Public Works, Traffic Engineering.

2. When the buildings are constructed on the property, they shall all be in substantial conformance with the elevations entitled, “Proposed Elevations of Johnson Kennels,” prepared by Martin & Martin Architecture, Inc., dated December 2004, in terms of building materials, architectural design and color scheme.

3. A reservation of 26.5 feet shall be depicted on the final site plan along Shipps Corner Road. All structures shall meet the minimum required setback from the reservation line.

CONDITIONS OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT

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AERIAL OF SITE LOCATION

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PROPOSED SITE LAYOUT (Condition 1)

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PROPOSED SITE LAYOUT – DETAIL (Condition 1)

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SITE LAYOUT APPROVED IN 2005

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RENDERINGS OF PROPOSED BUILDINGS (Condition 3)

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RENDERINGS OF PROPOSED BUILDINGS (Condition 3)

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RENDERINGS OF PROPOSED BUILDINGS (Condition 3)

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ZONING HISTORY

# DATE REQUEST ACTION 1 02/22/05 Conditional Use Permit (animal kennel) Granted 2 01/11/05 Rezoning (AG-1 & AG-2 to Conditional I-1) Granted 3 03/23/04 Conditional Use Permit (outdoor recreational facility) Granted 4 01/02/03 Conditional Use Permit (bulk storage yard) Granted 5 10/09/02 Rezoning (I-1 & I-2 to Conditional I-2) Granted 6 02/01/00 Rezoning (Conditional I-2 to Conditional I-2) Granted

1

2

6

5

3

4

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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