13 February 8, 2012 Public Hearing APPLICANT:

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1 13 February 8, 2012 Public Hearing APPLICANT: MID-ATLANTIC AUTO PROPERTY OWNER: DZR, LLC STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (truck rental, automobile service, and automotive/bulk storage) ADDRESS / DESCRIPTION: 184 South Plaza Trail GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 1.3 acres AICUZ: 65 to 70 db DNL Sub Area 3 1 This application, when submitted, was located in the Rose Hall Election District. Since that time, new City Council Election Districts have been approved by the U.S. Department of Justice. The site of this application is now located in the Beach District due to the boundary changes. APPLICATION HISTORY: At the January 11, 2012 Planning Commission Hearing, this item was deferred to provide the applicant an opportunity to meet with the civic league in the surrounding area, which the applicant has done. Staff has been informed by the applicant the applicant s presentation of the proposed use was favorably received by the civic league; however, staff has also been informed by those in attendance at the meeting that the favorable result was not resounding. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow motor vehicle rentals for up to 20 trucks. All rental trucks will be stored within a truck storage area located on east side of the property and enclosed with an eight-foot tall solid fence. Hours of operation for the truck rental business are Monday through Friday from 9:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to 2:00 p.m. The applicant will also repair the rental trucks onsite and provide motor vehicle repair service to the surrounding community. Hours of operation for the repair facility are the same as the hours of operation of the truck rental business. Approximately four to five employees per shift are anticipated to be onsite at any one given time. Page 1

2 The site consists of a 2,828 square foot one-story building with a 1,026 square foot canopy. An antenna, approximately 100-foot tall, is located east of the building. Three sheds are located along the northern property line and a one-story garage is positioned east of the building. Eleven parking spaces are currently provided south and west of the building. A six-foot tall chain-link fence encloses the site s rear yard. The applicant proposes the following improvements to the site: The existing 1,026 square foot canopy and 100-foot tall antenna will be removed from the site when the antenna ceases to be in use for a period of longer than one year; A minimum of 51 shrubs and 10 trees along Continental Street and South Plaza Trail will be added. An eight-foot tall solid fence will be added to the perimeter of the truck storage yard in order to screen the trucks from view of the streets; The southernmost access point along South Plaza Trail will be removed and replaced with sidewalk, landscaping, and curb and gutter; Five planters are proposed along the south side of the building; The existing pole sign will be removed and replaced with a five-foot tall monument style sign; The parking lot will be re-striped to accommodate traffic and aesthetic concerns; and The building will be painted an earth tone color. EXISTING LAND USE: Undeveloped vacant site LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: Retail shops / B-2 Community Business District South: Self-standing church / R-7.5 Residential District East: Self-standing church / B-2 Community Business District West: Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Urban Area, Strategic Growth Area (SGA) 5, Rosemont. The Rosemont SGA Master Plan, adopted September 2011 is one of eight strategic growth areas within the city identified to provide opportunities for continued physical and economic growth; protect established neighborhoods from incompatible development; maximize infrastructure efficiency and create unique and exciting urban destinations. The vision for the Rosemont SGA is a transitoriented residential village with complementary mix-use and office (p. 2-2). The Rosemont SGA Master Plan identifies this site as being within the South Plaza Trail Neighborhood Development Initiative area. The plan for this area is for a new residential neighborhood consisting of townhouses developed along South Plaza Trail. The plan proposes a transition to quiet residential uses with small neighborhood parks (p. 46). Page 2

3 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Plaza Trail is a suburban minor arterial that changes its typical section at Continental street. North of the intersection it has four lanes; south of the intersection it has two. The generalized capacities reported below are for two lanes. The Master Transportation Plan Major Street Network Ultimate Rights-of-Way lists the ultimate build-out for South Plaza Trail as a four lane collector in an 80 right-of-way. There are no CIP projects in the area. TRAFFIC: Street Name Present Volume Present Capacity South Plaza Trail 9,400 ADT 1 15,000 ADT 1 (Level of Service D ) Generated Traffic No Change Average Daily Trips PUBLIC WORKS/TRAFFIC ENGINEERING: The proposed conditional uses are equivalent for trip generation purposes to the prior land use and no change to trip generation is expected. Because the southern existing entrance on South Plaza Trail creates a safety hazard; it must be removed as shown on the applicant s Preliminary Concept. However, the remaining driveway along South Plaza Trail will need to be modified with a geometric layout that satisfies Public Works standards. Also, the two parking spaces closest to the entrance along the northern edge of the parking lot should be removed as vehicles maneuvering into and out of them would be in conflict with traffic entering and exiting the site. WATER: This site must connect to City water. There is a 10-inch City water line in South Plaza Trail. SEWER: This site must connect to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station #504 is required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION The site currently is a vacant taxi garage and automobile repair facility. Although the proposed use is not consistent with the Comprehensive Plan s land use policies for the South Plaza Trail Neighborhood Development Initiative area within the Rosemont Strategic Growth Area, the proposed conditional use permit for bulk storage, auto repair and truck rental is similar to the preceding taxi car garage and repair facility. Allowing an automotive repair shop and truck rental business that is similar to the previous use should not adversely affect the community and will restore the site to a use that serves the surrounding area. To improve the site, the applicant proposes to remove existing safety hazards as identified by the City s Public Works/Traffic Engineering Division. The southern entrance on South Plaza Trail will be removed Page 3

4 and replaced with sidewalk, landscaping, and curb and gutter. The remaining driveway along South Plaza Trail will also be modified with a geometric layout that satisfies Public Works standards. Two parking spaces closest to the entrance along the northern edge of the parking lot will be removed to reduce the current interference with traffic entering and exiting the site. Staff supports these modifications to improve the safety of the site. The applicant has also agreed to improve the site s appearance. The existing six-foot chain-link fence does not adequately screen the gravel yard from view of the public rights-of-way, thus the applicant has proposed to install a solid eight-foot tall fence with additional landscaping to minimize the view of the gravel yard and parking areas from the public rights-of-way. The existing pole sign, that is over 12 feet tall, will be replaced with a five-foot tall, monument-style sign that is in keeping with the adjacent residential community. Foundation landscaping is proposed along the south side of the automotive repair building. The existing building and 100-foot tall antenna will be removed if the antenna ceases to be in use for a period of more than a year. Overall, staff finds that the changes will result in an improvement to the site, and recommends approval of this request as conditioned below. CONDITIONS 1. The site shall be developed in substantial conformance to the marked-up survey entitled Preliminary Concept of 184 South Plaza Trail dated August 23, 2011, and last revised December 15, 2011, with the exception that (a) no fencing shall be located within the front yard and side yard adjacent to the streets and (2) the northwestern entrance driveway on South Plaza Trail shall be modified with a geometric layout that meets Public Works Standards. 2. The site shall be landscaped in substantial conformance to the survey referenced in Condition 1, with the exception that the landscaping adjacent to the proposed eight-foot tall fence along Continental Street shall have Category VI landscape material between the fence and public right-of-way. In addition, the proposed landscaping along South Plaza Trail shall be installed east of the existing sidewalk, within a planting bed of at least five feet in width. A landscape plan shall be submitted for review and approval to the Planning Department/Development Services Center Division. 3. No more than a total of twenty motor vehicles/trailers for rent shall be allowed on the site at any one time. Rental trucks and trailers shall be parked and/or stored within the enclosed gravel and fenced area on the site that has been designated as the truck and trailer parking area on the survey as identified in the above Condition The truck and trailer parking area, as shown within the survey identified within the above Condition 1, shall consist of at least six-inches of aggregate and shall be delineated with base- boards, curb stops, or some other City-approved material to contain the aggregate on-site. Prior to the commencement of any land disturbing activity, a storm water plan shall be submitted and approved by the Planning Department/Development Services Center. 5. The truck rental, truck storage, and automotive repair facility hours of operation shall be between 9:00 a.m. and 6:00 p.m., Monday through Saturday. 6. Any trucks or trailers returned to the site during non-business hours shall be moved to the truck and trailer parking area, as shown on the survey identified within the above Condition 1, no later than two hours after the commencement of any business on-site. 7. All automotive repairs must take place inside the building. Page 4

5 8. All car washing, automotive detailing, and maintenance of motor vehicles shall take place inside the building. 9. No tires for sale, merchandise, or other discarded items shall be displayed or stored outside. 10. There shall be no signs placed within the windows or on the doors of the rental vehicles. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. 11. No paging system shall be permitted. 12. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet. 13. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 14. The existing pole sign shall be removed from site and shall be replaced with a sign that complies with sign regulations outlined in the Zoning Ordinance, except the sign shall be a monument type sign no taller than six feet in height. No electronic display signs shall be permitted and the free-standing monument style sign shall be in substantial conformance with the submitted sign elevation entitled, Mid Atlantic and dated May 10, Within 30 days of City Council approval of this Use Permit, the applicant or property owner shall provide the Planning Department / Current Planning Division with a copy of the current lease agreement for the use of the tower and antennas, as well as current licenses granted by the Federal Communication Commission (FCC) for use of the tower and antennas. The applicant or property owner shall provide the City of Virginia Beach Planning Department / Current Planning Division with any changes, renewal, termination, or new lease agreements for this antenna. 16. Should the existing roof-mounted antenna cease to be used for a period of more than one year by an operator licensed by the FCC for use of the tower, the applicant or property owner shall remove the antenna and related equipment. In such case, the applicant or property owner shall also remove the building s canopy, support structures for the canopy, and the concrete islands in which the support structures are attached. 17. This use permit is for the rental, storage, and repair of automobiles only. Sale of automobiles shall not be permitted on the site. 18. The principal building, canopy, and supporting canopy structures shall be painted in a muted earthtone color(s). Page 5

6 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 6

7 AERIAL OF SITE LOCATION Page 7

8 Truck and Trailer Parking Area PROPOSED SITE PLAN Page 8

9 EXISTING FREE-STANDING SIGN PROPOSED FREE-STANDING SIGN SIGN ELEVATIONS Page 9

10 PHOTOGRAPH OF EXISTING BUILDING WITH ROOF-MOUNTED ANTENNA Page 10

11 2 1 3 ZONING HISTORY # DATE REQUEST ACTION 1 04/15/1985 Use Permit (automobile repair facility) Approved 2 05/12/2009 Use Permit (church) Approved 3 06/03/2003 Use Permit (free-standing church) Approved Page 11

12 DISCLOSURE STATEMENT Page 12

13 DISCLOSURE STATEMENT Page 13