6 January 12, 2011 Public Hearing APPLICANT & PROPERTY OWNER: ROBERT L. NELSON & BRENDA N. GRAY T/A WEST LANDING MARINA

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1 6 January 12, 2011 Public Hearing APPLICANT & PROPERTY OWNER: ROBERT L. NELSON & BRENDA N. GRAY T/A WEST LANDING MARINA STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditions of a Conditional Use Permit (boat storage facility and commercial marina) approved by City Council on November 14, 1997 ADDRESS / DESCRIPTION: 2748 West Landing Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 6.6 acres AICUZ: db DNL SUMMARY OF REQUEST In 1997, a conditional rezoning from AG-2 Agriculture District to Conditional B-2 Business District and a Conditional Use Permit for a boat storage facility and commercial marina were approved by City Council. There are four proffers associated with the conditional rezoning and seven conditions attached to the Conditional Use Permit. This request is the second attempt to eliminate the condition that limits the types of watercraft that can be launched into the North Landing River from the marina as an identical appeal was denied by the City Council in Condition #5 is as follows: No personal watercraft or jet skis will be stored or launched from this facility. LAND USE AND PLAN INFORMATION EXISTING LAND USE: commercial marina Page 1

2 SURROUNDING LAND USE AND ZONING: North: Tributary of the North Landing River Property in the Agricultural Reserve Program / AG-2 Agricultural District South: West Landing Road Single family dwellings / AG-2 Agricultural District East: Single family dwellings / AG-2 Agricultural District West: North Landing River NATURAL RESOURCE AND CULTURAL FEATURES: The site is located in the Southern Watersheds Management Area and immediately adjacent to the North Landing River, part of the Intra-coastal Waterway - an essential segment for boat traffic up and down the east coast. The site has approximately 525 feet of frontage along the North Landing River and there is an extensive area of undisturbed marsh on the property. The river is designated as the North Landing and Tributaries State Scenic River and recognized as a Virginia Beach Scenic Waterway. Much of the land surrounding the North Landing River in the vicinity of this site is owned by the Nature Conservancy. The entire is within flood zone AE with a base flood elevation of 4 feet and an average land elevation of 2 feet. The Natural Heritage Inventory indicates that this watershed is characterized as having exemplary natural resources - ecosystems with some of the most diverse and extensive in southeastern Virginia. 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. The Plan notes an important objective to protect and sustain all our valuable environmental, scenic and agricultural resources against inappropriate activities and intense growth pressures and recommends implementing plans and programs designed to protect and restore the City s natural waterways for habitat support and recreational use (pp. 7-4 to 7-5). CITY SERVICES No City services will be impacted by this request. EVALUATION AND RECOMMENDATION The proffers provide for limited use commercial on this site for a marina. During the 1997 Change of Zoning and Conditional Use Permit deliberation, there was concern that at this location allowing Page 2

3 commercial uses such as restaurant or sales and service of boats could potentially negatively impact surrounding property owners in such a rural, idyllic setting. As such, the existing proffers were crafted to strictly limit uses on the site, providing desirable support services for boaters and fishermen in the area while precluding B-2 uses that could be incompatible with surrounding properties and inconsistent with the recommendations of the Comprehensive Plan. The conditional zoning agreement allows only for an existing boat ramp to remain; and, the construction of a pier, boat storage yard and a dry goods shop. Current improvements on the marina site include the boat ramp and pier, a gravel parking lot and fenced boat storage area, access for fishing from the shoreline, and small bait and tackle shop. In 1999, the City Council denied the applicant s request to eliminate the condition that limits the types of watercraft that can be launched into the North Landing River from this site. Specifically, this request, as was the request in 1999, is to eliminate the existing Condition #5: No personal watercraft or jet skis will be stored or launched from this facility. While other marinas along the North Landing River do offer launch facilities for personal watercraft and jet skis, these marinas existed prior to the requirement that now exists that commercial marinas require approval by City Council for a Conditional Use Permit. It is Staff s opinion that the launching and presence of personal watercraft at this site will be disruptive not only to the rural character of the area but also to the surrounding environmentally sensitive areas, further supporting the reasoning that commercial marinas should indeed be considered carefully as a Conditional Use Permit with approval only by City Council. Staff s position is reflected below. This portion of river is designated as both the North Landing and Tributaries State Scenic River and as a Virginia Beach Scenic Waterway. Managed by the Virginia Department of Conservation and Recreation, the Virginia s Scenic Rivers Program identifies, designates and protects rivers and streams with outstanding scenic, recreational, historic and natural characteristics. While the designation does not carry with it any restrictive land use controls, the program's focus is on enhancing the conservation of scenic rivers and their corridors. Increased wake and noise are contrary to the goals of the program. This portion of the North Landing is characterized as having exemplary natural resources and ecosystems. According to the Natural Heritage Inventory, prepared by the Department of Conservation and Recreation, some of the most diverse and extensive ecosystems in southeastern Virginia are present in the vicinity of this marina. The surrounding area has been deemed so vital to conservation and preservation efforts that large tracks of land in the vicinity have been purchased by The Nature Conservancy, one of the leading conservation organizations working around the world to protect ecologically important lands and waters for nature and people. The presence of the Intra-coastal Waterway in this narrow portion of the North Landing River does pose potential water-use conflicts between personal watercraft/jet skis and both barges and powerboats. Personal watercraft/jet skis are able to operate in shallow waters such as smaller creeks and tributaries of the North Landing River. Safety hazards exist in these shallow waters where underwater obstacles can be difficult to see. The potential for increased erosion in the smaller creeks and tributaries from jet ski wakes is higher than a boat which has more limited maneuverability. Limited police presence makes patrolling difficult, if not impossible. Personal watercraft/jet skis typically have high pitched, 2-stroke engines that have a tendency to produce more noise pollution than a typical propeller-driven powerboat. There is concern that Page 3

4 surrounding residential properties and wildlife could be adversely impacted by noise introduced by launching these watercraft at this site. Although not within the Interfacility Traffic Area (ITA), the head waters of the North Landing River is. And, not officially adopted by City Council at the time of this writing, the Interfacility Traffic Area and Vicinity Master Plan states that the North Landing River and its tributaries provide an outstanding open space resource for Virginia Beach and the region. The protection and recreational use of green space (including waterways) present in the southern portion of the study area of the ITA is a fundamental element of the ITA Implementation Plan. The Plan recommends that development of this area be limited to that permitted as a matter of right under auspices of the agricultural districts in an effort to further protect the natural resources and historic rural character of the area. The Plan also calls for promotion of trail networks and ecotourism related facilities including canoe and kayak rentals along blueways (water trails) as shown on the Trails Plan. These water trails provide access to unique and varied habitats that could be threatened with increased use of personal watercraft along the river. Several canoe launches already exist along the ITA water ways and other non-motorized access points are planned for the future; however, additional motorized access is not recommended. Based on these points, Staff recommends denial of this request and that Condition #5 of the original Conditional Use Permit prohibiting personal watercraft or jet skis from being stored or launched from this marina be retained. 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. Page 4

5 AERIAL OF SITE LOCATION Page 5

6 EXISTING SITE LAYOUT Page 6

7 /23/03 CUP (horses boarding) Granted 2 10/26/99 MOD (commercial marina) 11/14/97 CHANGE OF ZONING (AG-2 to Conditional B-2) Denied Granted Granted CUP (commercial marina) 3 01/09/96 SUBDIVISION VARIANCE Granted 4 04/25/95 SUBDIVISION VARIANCE Granted ZONING HISTORY Page 7

8 DISCLOSURE STATEMENT Page 8

9 DISCLOSURE STATEMENT Page 9