13 August 14, 2013 Public Hearing

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1 13 August 14, 2013 Public Hearing APPLICANT/ PROPERTY OWNER: POCAHONTAS LANDING, L.L.C. STAFF PLANNER: Ray Odom REQUEST: Condition Use Permit (Non-Commercial Marina) ADDRESS / DESCRIPTION6: Terminus of Public Landing Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 22,573 square feet AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for non-commercial marina. The Zoning Ordinance defines a non-commercial marina as a facility for secure mooring of boats for use by persons including the owner or resident of the lot and those other than the owner or resident of the lot upon which the facility is located, at which facilities for storage and repair of boats and sale of boating supplies and fuel are not provided for. There is an existing boat dock on the site, and the applicant proposes to construct a new larger dock that will be used by the applicant and others who use the subject site. The site is located on Back Bay and has been used as a private hunting and fishing camp for many years, as evidenced by aerial photographs of the area. The parcel is a legally plated 22,573 square foot nonconforming lot that is zoned AG-2 Agricultural District. The current minimum lot size requirement for the AG-2 District is one acre (43,560 square feet) for single-family dwellings and three acres for uses other than dwellings. When this parcel was plated, in 1963, it was zoned A-U Agricultural Unrestricted District, which did not have minimum lot size dimensional requirements. This site, therefore, is considered to be a nonconforming parcel with regard to the minimum lot size dimensional requirements. The site contains an existing one-story frame and galvanized utility/storage shed, a concrete boat ramp, and a wooden boat dock, which are associated with the private hunting and fishing camp. The structure on the site will now be associated with the non-commercial marina as a clubhouse, as provided for by Section 236(d) of the Zoning Ordinance. The pier proposed by the applicant will be 80 feet in length. Page 1

2 Approximately sixty-five feet of the pier will be located from the shoreline over the waters of Back Bay. The pier will contain a five-foot wide walkway, a 14-foot by 20-foot (14 x20 ) boat slip, an 11-foot by 20- foot (11 x20 ) boat slip with an 11-foot by 11-foot (11 x11 ) boat lift and a 20-foot by 20-foot (20 x20 ) dock area. The facilities will be utilized by the property owner and guests for hunting and fishing purposes. The applicant is requesting an 80-foot long pier for the purpose of providing sufficient water depth for boats during low water tide events. The water level of Back Bay is influenced by wind direction, and water depth is not stable along the shoreline. A steel gate and fencing limits access to this site. The applicant has submitted a Joint Permit Application (JPA) to the Virginia Marine Resources Commission (VMRC) for the construction of the pier. The JPA cannot be approved until the applicant provides VMRC with documentation that the proposed pier is allowed by the Zoning Ordinance. Upon knowing of this requirement, the applicant applied for this Use Permit. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Boat mooring, boat launching and other water related recreational uses. SURROUNDING LAND USE AND ZONING: North: Public Landing Road / Bay Haven Camp Ground / AG-2 Agricultural District South: Undeveloped marsh land / AG-2 Agricultural District East: Back Bay West: Hunting and fishing camp / AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located on Back Bay. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms, and other similar uses. EVALUATION AND RECOMMENDATION The applicant is requesting to replace an existing boat dock with a non-commercial marina that will be used by the applicant and his guests associated with the private hunting and fishing club located on the subject parcel. Though no longer specifically listed as a use within the Zoning Ordinance, hunting and fishing clubs have traditionally been located along the waters of Back Bay. For example, a private hunting and fishing camp adjoins this site, and there are several others located along this portion of Public Landing Road. A Page 2

3 commercial hunting and fishing camp has operated for many years across Public Landing Road from the subject site. This non-commercial marina, including the associated clubhouse, is consistent with those traditional uses and compatible with the surrounding area. The proposed use is also consistent with the Comprehensive Plan s objectives for preserving the traditional uses of the Rural Area. Staff recommends approval of this application with the condition below. CONDITION The proposed pier shall be developed substantially in accordance with the submitted Joint Permit Application, Proposed Pier Detail, as shown on sheet five of the Joint Permit Application ; dated March 18, 2013 and prepared by Barney Environmental, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 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 application are valid or any structures may be occupied. 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 3

4 AERIAL OF SITE LOCATION Page 4

5 RECORDED PLAT OF SITE Page 5

6 SURVEY OF THE LOT SHOWING LOCATION OF PROPOSED PIER Page 6

7 PROPOSED PIER DETAIL Page 7

8 2 3 1 ZONING HISTORY # DATE REQUEST ACTION 1 08/19/1974 Conditional Use Permit (private recreation facility-building for boat Approved storage) 2 06/19/1978 Conditional Use Permit (private recreation facility-building for boat Approved storage) 3 11/24/1980 Conditional Use Permit (private recreation facility-garage/storage building) Approved Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10