19 January 13, 2010 Public Hearing APPLICANT: GARY C. KIMNACH C/O BEACH AUTO

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1 19 January 13, 2010 Public Hearing APPLICANT: GARY C. KIMNACH C/O BEACH AUTO PROPERTY OWNERS: WIILAIM D. FRIERSON, GRACE A. FRIERSON, DONALD S. CLARKE, PRICE M. CLARKE, CITY OF VIRGINIA BEACH STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (R-10 Residential and Conditional B-1 Business to Conditional I-2 Heavy Industrial) ADDRESS / DESCRIPTION: 117 South Birdneck Road, [Parcel 2] South Birdneck Road, and 1108 Jackson Street GPIN: ; ; ; ELECTION DISTRICT: BEACH SITE SIZE: 1.67 acres AICUZ: More than 75 db DNL and Accident Potential Zone 1 APPLICATION HISTORY: This request was deferred on November 12 and December 9, 2009 to allow the applicant time to address several issues and to revise the proffers. SUMMARY OF REQUEST The applicant requests Conditional Change of Zoning of the existing R-10 Residential and Conditional B- 1 Business properties to Conditional I-2 Heavy Industrial for the purpose of developing an automotive repair facility. The applicant s business is currently located at the intersection of 31 st Street and Arctic Avenue, and is being displaced due to the redevelopment of the block. The applicant operates Monday through Friday from 7:30 a.m. to 5:30 p.m. and Saturday from 7:30 a.m. to 12:00 p.m. (noon). The applicant currently has ten employees and will be adding no additional employees with this development. Page 1

2 The submitted concept plan depicts a one-story automotive repair shop situated 51 feet from South Birdneck Road, 60 feet from Jackson Street, 123 feet from the rear (western) property line, and 64 feet from the side (northern) property line. The proposed building will be 5,200 square feet in floor area. Eight parking spaces will be located along the frontages on South Birdneck Road and Jackson Street, and 19 overflow parking spaces will be located on the northwestern portion of the site. A ten-foot wide street front landscaping strip is depicted along both South Birdneck Road and Jackson Street. A 25-foot wide landscape buffer of Leyland cypress and a six-foot high vinyl privacy fence will be installed adjacent to the residentially zoned lots to the north and west. Interior landscaping in the parking lot and foundation landscaping along the building wall fronting South Birdneck Road will also be installed. The submitted building elevations depict a one-story building, 16 feet in height. The building elevation depicts four bays on each side of the building for a total of eight repair bays. The building will be constructed of Galvalume metal roof panels, light stone (concrete) wall panels, and colonial red brick. The brick will extend eight feet from the foundation along the front and side walls with the balance of the walls finished in the stone (concrete) panels. The gutters, downspouts, and metal doors to the bays will be slate gray. EXISTING LAND USE: Undeveloped vacant site LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: Single-family dwelling / R-10 Residential South: Jackson Street Across Jackson Street is a single-family dwelling and vacant property / R-10 Residential and I-1 Light Industrial East: South Birdneck Road Across South Birdneck Road is a strip retail center, vacant property, and a single-family dwelling / B-1 and B-2 Business, and R-7.5 and R-5D Residential West: Vacant property / R-10 Residential NATURAL RESOURCE AND CULTURAL FEATURES: A stand of trees buffers the single-family dwelling to the north of the site. An automotive repair facility occupied the southern portion of the site approximately ten years ago. Other than that there are no natural resources or cultural features associated with the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Birdneck Road is experiencing ongoing construction under CIP 2-149, and after completion, will be classified as a fourlane minor divided arterial with a bikeway. Also under CIP 2-149, improvements will occur to Jackson Street adjacent to this site, including widening the pavement width to 24 feet, adding curb and gutter and sidewalk, and extending the right-way-width to a maximum of 60 feet. Jackson Street is and will remain a two-lane local Page 2

3 street. The construction plans for Birdneck Road do not include a median break at Jackson Street, due to its proximity to Norfolk Avenue, where there is a median break and traffic signalization. The existing entrance for the property zoned R-10 at the corner of Jackson Street and South Birdneck Road is shown on the CIP plans as being replaced in the same location. However, this access point is not intended to serve the commercial nature of the proposed business. One goal of providing a divided arterial highway is minimizing commercial access points, and predominately only allowing direct access to other streets. The result of designing in this manner leads to providing commercial access off of the local and collector streets. Public Works / Traffic Engineering, therefore, consistently recommends eliminating direct access points to arterial highways for commercial uses. In this instance, Traffic Engineering prefers that the access on South Birdneck Road for this development be closed, with access only being on Jackson Street. TRAFFIC: Street Name South Birdneck Road Jackson Street Present Volume Present Capacity Generated Traffic 17,300 ADT 1 30,600 ADT 1 Existing Land Use 2 0 ADT Proposed Land Use No counts ADT (21 peak hour) available 1 Average Daily Trips 2 as defined by vacant parcels 3 as defined by a 6,100 square foot automotive repair establishment WATER: This site must connect to City water. There is an existing 24-inch City water main on South Birdneck Road and a 6-inch City water line on Jackson Street. SEWER: This site is connected to City sanitary sewer. Pump Station #118, the receiving pump for this area, has capacity issues and may require a system modification. The applicant must provide an analysis of Pump Station #118 and the sanitary sewer collection system to ensure future flows can be accommodated. There is an eight-inch City gravity sanitary sewer main in South Birdneck Road and an eight-inch city gravity sanitary sewer main on Jackson Street. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan designates this area as being within the Suburban Area; however, the site is also located on the periphery of Special Economic Growth Area (SEGA) 1 East Oceana Area. Due to the location of this area within a high AICUZ and within or in close proximity to an Accident Potential Zone, the Comprehensive Plan recommends low intensity light industrial uses and limited retail with significant buffers to shield the Seatack neighborhood from possible intrusive impacts. The subject parcels are also identified in the APZ-1/CZ Master Plan as Sub-Area B, suitable for non-residential use. Page 3

4 The APZ-1/CZ Master Plan is an adopted component of the Comprehensive Plan that provides guidance for development in the Accident Potential and Clear Zones surrounding NAS Oceana. The applicant s proposal to rezone four contiguous undeveloped lots from residential zoning to heavy industrial zoning, to accommodate an automobile repair facility, is compatible with the list of land uses that are suitable on properties affected by the AICUZ s APZ-1/Clear Zone delineations surrounding NAS Oceana. Evaluation: The proposal is consistent with the Comprehensive Plan land use policies and the 2008 APZ-1/CZ Master Plan recommendations for such affected AICUZ areas east of NAS Oceana. It is not the intent of the APZ-1/CZ Master Plan to allow incompatible uses within stable neighborhoods, nor is it the intent of the plan to allow additional residential development in APZ-1 more than 75 dbldn AICUZ areas. The four lots proposed for development are no longer appropriate for residential uses and are instead designated as being suitable for non-residential uses. The applicant s proposal offers the required site and building design improvements that will continue to enhance the community aesthetics in this area. The proposal is not imbedded within the neighborhood but located on an arterial roadway, South Birdneck Road, which is currently being improved through a Capital Improvement Program (CIP) project to a four-lane minor divided arterial. The CIP project includes development of an entrance on South Birdneck Road to the site. While Traffic Engineering has pointed out that the entrance was not intended to be commercial in nature since it provides access to property now zoned Residential, the applicant is aware the entrance will have to be improved to commercial standards. Traffic Engineering has also recommended closure of the South Birdneck Road entrance and providing access to the site from Jackson Street. Planning Staff has concerns with this recommendation, as while it is ideal for the purpose of keeping traffic moving on Birdneck Road, it also will introduce commercial traffic onto a stable residential street. While automotive repair can be a fairly intense use, the applicant, working with the Department of Economic Development, through the City s marketing program for APZ-1 properties, and with Planning Staff, has proffered a site development plan that will afford the surrounding properties with assurances of landscape buffering, quality fencing, on-site parking, unobtrusive business hours, and a building similar in height and scale to residential homes. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to offset identified problems to the extent that the proposed rezoning is acceptable, ( 107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Permitted Uses: When the Property is developed, it shall only be used for automotive repair, office/warehouse, and bulk storage, with such office use being limited to serving the automotive repair business conducted on-site. PROFFER 2: Prohibited Uses: All other uses not listed in Paragraph 1 herein shall be prohibited. Page 4

5 PROFFER 3: Design: When the Property is developed, it will be developed in compliance with the following design requirements: a. Exterior walls of the building shall be finished with glass as approved by the Grantee, tilt-up concrete, concrete panel construction, and a minimum of fifty-percent brick on the front and sides of the building. b. All on-site electrical, telephone, and other utility lines shall be underground and shall not be exposed on the exterior of any building or improvements. All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduits, ducts, flues, and pipes located on the exterior of any building shall be concealed from view from the street and from buildings on other sites and shall be architecturally treated in a manner acceptable to Grantee. c. Location of the proposed building and parking areas shall be in accordance with the proffered plans entitled Building Elevations Auto Service Building Beach Automotive Service Center South Birdneck Road at Jackson Street, Virginia Beach, Virginia dated October 12, 2009 and prepared by William M. Verebely, Jr. as exhibited to the Virginia Beach City Council and on file in the Virginia Beach Planning Department. Parking areas shall not be located between the building and South Birdneck Road. Service areas, loading areas, and repair bays shall not face South Birdneck Road. d. The free-standing sign shall be a monument style sign, with the base constructed of materials used on the building. The free-standing sign shall be no larger than forty (40) square feet per face and no taller than six (6) feet from grade at its highest point. PROFFER 4: Further conditions may be required by Grantee during detailed Site Plan review and administration of applicable codes and ordinances of the City of Virginia Beach, Virginia ( City Code ), by all cognizant city agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable. Proffers 1 and 2 specify the permitted and prohibited uses of the site. Proffer 3 insures that the proposed improvements - the building, parking and landscaping - will be developed on the site according to the proffered site plan. The proffer also insures that the proposed freestanding sign will be of a monument style, accented with the same materials as the proposed building in order to provide for continuity on the site. The sign will be limited to 40 square feet in area and a height of six feet. The City Attorney s Office has reviewed the proffer agreement dated December 21, 2009, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning 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 change of zoning 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 5

6 AERIAL OF SITE LOCATION Page 6

7 PROPOSED SITE PLAN Page 7

8 PROPOSED BUILDING ELEVATION Page 8

9 /5/66 Rezoning (General Industrial M-I 2 and M- Approved I 3 to Multiple-Family Residence RM) 2. 11/26/91 Conditional Use Permit (Storage Yard) Approved 3. 6/26/01 10/27/86 Rezoning (R-10 Residential to Conditional B-1 Business) Rezoning (R-5 Residential to B-2 Approved Denied Business) 4. 5/5/86 Rezoning (R-5 Residential to I-1 Light Withdrawn Industrial) 5. 1/27/86 Rezoning (R-6 Residential to B-1 Business) Approved ZONING HISTORY Page 9

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