9April 14, 2010 Public Hearing

APPLICANT / PROPERTY OWNER:

LAKE GEM D8, LLC

STAFF PLANNER: Karen ProchiloREQUEST: Modification of a Conditional Use Permit for an Outdoor ‘Green’ Market (Flea Market) approved by the City Council on May 13, 2009. ADDRESS / DESCRIPTION: 2181 Upton Drive GPIN: 24142499220000

ELECTION DISTRICT: PRINCESS ANNE

SITE SIZE: Total Site: 4.75 acres Lease Site: 27,500 SF

AICUZ: 65 dB to 70 dB DNL

SUMMARY OF REQUEST The Conditional Use Permit permitting an Outdoor ‘Green’ Market was approved by the City Council on May 13, 2009. The Conditional Use Permit has six conditions, which are provided on the next page. The applicant is requesting modification of Condition 2 for the purpose of allowing the Green Market to operate the weekend prior to the Thanksgiving and Christmas holidays in addition to the days previously approved. The applicant is also requesting modification of Condition 5 for the purpose of also allowing homemade items as well as handmade items. An additional revision is also requested that would allow a manned table with literature advertising the shops at the Red Mill Marketplace (no items from the shops will be sold at this table).

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1. The activities of the Green Market shall occur in the area of the parking lot on the southern side of the retail strip designated as D8E-1.

2. Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September.

3. Trash and recycling receptacles shall be located at the entrances to the market. The site shall be cleared of trash at the conclusion of each market day, and all receptacles shall be removed and contents properly disposed of at the end of each market day.

4. Parking for the market shall occur in the parking area east side of retail strip as allowed by agreement between the applicant and those property owners.

5. The market shall not sell “hard good” type items other than those indicated. The market shall be only for the sale of local agricultural, seafood, and related organic food products, pet friendly businesses, non-profit organizations and health and wellness experts.

6. The Zoning administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council.

LAND USE AND ZONING INFORMATION

EXISTING LAND USE: Retail center and parking lot SURROUNDING LAND USE AND ZONING:

North: • Retail shops and parking / B-2 Community Business District South: • Retail shops and parking / B-2 Community Business District East: • Retail shops and parking / B-2 Community Business District

West: • Retail shops and parking / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES:

The site is mostly impervious with pavement and a retail strip center. There are no known significant natural resources or cultural features located on the site.

IMPACT ON CITY SERVICES

PUBLIC WORKS TRAFFIC ENGINEERING: No impacts to traffic through this modification.

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WATER and SEWER: Site is connected to the City water and sewer systems. PERMITS and INSPECTIONS: Requirements as defined by the Virginia USBC and the 2006 International Building Code:

• If flame spread information does not exist for the fabric of the tenants’ tents, grouping of tents cannot exceed 900 square feet.

• Each group of tents must have a minimum of 20 feet separation distance between them in order to comply with the requirements of Section 2403.8.2 of the International Fire Code, 2006.

• Any modification to the existing electrical service will require proper permits prior to market operation. • The use of extension cords for any tenant needing electrical power must be approved by the Fire

Department per Section 605 of the International Fire Code, 2006.

Minimum restroom fixture requirements would permit separate sexed, ADA-compliant portable restrooms to be used for the 4-hour period of this market. HEALTH DEPARTMENT: Coordinate market activities with Virginia Department of Agriculture and Consumer Services prior to market opening.

EVALUATION AND RECOMMENDATION The applicant’s proposal to enhance the offerings of this Outdoor Market through the modification of Conditions 2 and 5 is acceptable. This type of outdoor market provides an additional amenity to the residents of this area, as well as an attraction for visitors. The revisions to the conditions will continue to ensure the success of the market while maintaining its compatibility with the surrounding area. Staff, therefore, recommends approval of the request with the modifications to the conditions below.

CONDITIONS

1. All conditions with the exception of Number 2 and Number 5 attached to the Conditional Use Permit granted by the City Council on May 13, 2009 remain in effect.

2. Condition Number 2 of the May 13, 2009 Conditional Use Permit is deleted and replaced with the

following:

Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September, in addition to two holiday markets – one before Thanksgiving and one before Christmas.

3. Condition Number 2 of the May 13, 2009 Conditional Use Permit is deleted and replaced with the

following: LAKE GEM D8, LLC Agenda Item 9 Page 3

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The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, as well as homemade and handmade items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table.

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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AERIAL OF SITE LOCATION

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MARKET LOCATION

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MARKET LOCATION

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1 08/12/08 Modification of Conditions Granted 08/05/03 Conditional Use Permit (Bulk storage) Granted 12/05/00 Conditional Use Permit (automobile

service station) Granted 01/13/64 Conditional Use Permit (Racetrack) Granted 11/12/63 Rezoning Residential Agricultural

Limited Commercial to Limited Commercial Granted

2 03/25/03 Conditional Rezoning B-2 to B-2 & A-18 Granted3 12/11/01 Conditional Rezoning B-2 to A-12 Granted4 11/14/95 Conditional Use Permit (automobile

service station) Granted 09/25/90 Conditional Use Permit (fuel sales & car Granted

1

4 3

2

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ZONING HISTORY

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DISCLOSURE STATEMENT