11 February 13, 2013 Public Hearing APPLICANT& PROPERTY OWNER: EVERGREEN VIRGINIA, LLC

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1 11 February 13, 2013 Public Hearing APPLICANT& PROPERTY OWNER: EVERGREEN VIRGINIA, LLC STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for motor vehicle sales approved by the City Council on August 14, ADDRESS / DESCRIPTION: 5193 Virginia Beach Blvd GPIN: ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 59,892 square feet AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL The Conditional Use Permit permitting motor vehicle sales was approved by the City Council on August 14, This Conditional Use Permit has ten conditions, which are listed at the end of this report. The existing site and the building were designed for a particular automobile franchise. The applicant intends to now use the site for another automobile franchise, which is currently located 200 feet to the west. The motor vehicle sales use remains the same, only the automobile make will be different. With the change in the automobile make, a 1,200 square-foot customer receiving drive-thru service area will be built on the east side of the existing building. The addition will match the existing dark colored masonry on the building. Existing parking will be reduced from 76 spaces to 71 spaces due to the proposed addition. Employee parking will be at the rear of the building. Automobile inventory will be in the fenced/gated area at the rear of the site. The ingress/egress location will remain unchanged. Conditions 1 and 2 discuss the site plan and building elevations. These conditions are requested for modification because the site plan and elevations will be revised to accommodate a building addition for the new automobile dealership. Page 1

2 Currently Conditions 1 and 2 of the 2007 Conditional Use Permit reads as follows: Condition 1: The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled Checkered Flag Smart Car Site Conditional Use Permit prepared by Landmark Design Group, dated 5/18/07 and last revised May 21, Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. Condition 2: The proposed building shall be constructed substantially in accordance with the submitted site elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: motor vehicle sales SURROUNDING LAND USE AND ZONING: North: South: East: West: Virginia Beach Boulevard Automobile service & sales / B-2 Community Business District Retail / B-2 Community Business District Furniture store / B-2 Community Business District Kennel & veterinary clinic / R-10 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is developed. COMPREHENSIVE PLAN: This area of the City designated as Urban Area Pembroke Strategic Growth Area 4 (Pembroke SGA 4). The Pembroke SGA 4 Implementation Plan further identifies this area as the Western Campus District, intended to be a mid to low-rise academic village and service district. The Western Campus District is envisioned as a campus environment that will provide educational-related activities, service-oriented businesses and a creative arts incubator (p. 36). The planning principles are reinforced by Special Area Development Guidelines for Urban Areas which address site and building design. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The Master Transportation Plan (MTP) proposes an eight-lane facility within a 155 foot right-of-way. There are no roadway Capital Improvement Program projects slated for this area. Currently, this segment of roadway is Page 2

3 functioning under capacity at a LOS C. The one existing access point onto Virginia Beach Boulevard will remain unchanged. TRAFFIC: Street Name Virginia Beach Boulevard Present Present Capacity Volume 33,607 ADT 1 34,940 ADT 1 (Level of Service C ) 56,240 ADT 1 (Level of Service D ) / Capacity 64,260 ADT 1 (Level of Service E ) Generated Traffic Existing Land Use ADT Proposed Land Use ADT 20 AM Peak Hour Vehicle 25 PM Peak Hour Vehicle 1 Average Daily Trips 2 as defined by new car sales - 8,532 SF 3 as defined by new car sales - 9,777 SF WATER and SEWER: This site connects to City water and City sanitary sewer. EVALUATION AND RECOMMENDATION The Central Business District Association Design Review Committee reviewed the application and deemed the request compliant with the desired design for this area. The Modification of Conditions for a motor vehicle dealership with an addition of approximately 1,200 square feet is also consistent with the land use policies of the Comprehensive Plan for the Pembroke SGA s Western Campus District, which encourage service-oriented businesses. The building addition will be in keeping with the design, color and building materials of the existing structure. The following are the Current Conditions in entirety. Condition 1: The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled Checkered Flag Smart Car Site Conditional Use Permit prepared by Landmark Design Group, dated 5/18/07 and last revised May 21, Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. Condition 2: The proposed building shall be constructed substantially in accordance with the submitted site elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. Condition 3: Only one entrance shall be allowed for this lot on Virginia Beach Boulevard. The second entrance off of Virginia Beach Boulevard shall be eliminated. The remaining entrance on Virginia Beach Boulevard shall meet all current City of Virginia Beach Public Works standards. Page 3

4 Condition 4: All required parking spaces shall be remarked (painted) clearly on the site, including installing the required handicapped spaces in accordance with the Americans with Disabilities Act (ADA) regulations. Condition 5: The proposed landscaping shall be in substantial conformance with the submitted preliminary site plan, reference in Condition 1. All landscaping shall meet or exceed the minimum requirements of the City s Zoning and Site Plan Ordinances. Condition 6: The applicant shall submit a photometric plan for any exterior lighting for review and approval. Condition 7: All signs shall be in conformance with the Zoning Ordinance in regards to signage regulations. Condition 8: No outside storage of parts, equipment or vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage such vehicles shall be stored within the building. Condition 9: All automotive repair work shall be conducted inside the building. Condition 10: No outside paging shall be permitted. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. All conditions with the exception of Number s1 and 2 attached to the Conditional Use Permit granted by the City Council on August 14, 2007 remain in effect. 2. Condition Number 1 of the August 14, 2007 Conditional Use Permit is deleted and replaced with the following: The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled SITE PLAN NEW DEALERSHIP FOR CHECKERED FLAG MINI prepared by Hurt & Proffitt, Inc., Sheet C4.0 dated 10/08/2012. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. Condition Number 2 of the August 14, 2007 Conditional Use Permit is deleted and replaced with the following: The proposed building shall be constructed substantially in accordance with the submitted site elevation entitled PROPOSED BUILDING ELEVATION, not dated. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. Page 4

5 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 5

6 AERIAL OF SITE LOCATION Page 6

7 PROPOSED SITE PLAN Page 7

8 ENLARGEMENT OF PROPOSED PLAN Page 8

9 . RENDERING OF PROPOSED BUILDING ADDTION Page 9

10 PHOTOGRAPH OF EXISTING BUILDING Page 10

11 PHOTOGRAPH OF AREA WHERE ADDITION WILL BE CONSTRUCTED Page 11

3 2 1 5 4 6 ZONING HISTORY # DATE REQUEST ACTION 1 08/14/2007 Conditional Use Permit (Motor vehicle sales & service) Approved 2 10/10/2000 Conditional Use Permit (Motor vehicle sales) Approved

12 ZONING HISTORY # DATE REQUEST ACTION 1 08/14/2007 Conditional Use Permit (Motor vehicle sales & service) Approved 2 10/10/2000 Conditional Use Permit (Motor vehicle sales) Approved 05/23/1988 Conditional Use Permit (Motor vehicle sales & repair) Approved 3 10/13/1992 Conditional Use Permit (communications tower) Approved 4 06/09/1998 Conditional Use Permit (communications tower) Approved 5 01/14/1997 Conditional Use Permit (communications tower) Approved 6 02/01/2000 Conditional Use Permit (communications tower) Approved Page 12

13 DISCLOSURE STATEMENT Page 13

14 DISCLOSURE STATEMENT Page 14

Public Hearing January 13, Request Conditional Use Permit (Auto Repair Garage) Staff Planner Carolyn A.K. Smith

Public Hearing January 13, Request Conditional Use Permit (Auto Repair Garage) Staff Planner Carolyn A.K. Smith Applicant Property Owner Holland Century Associates, LLP Public Hearing January 13, 2016 Request Conditional Use Permit (Auto Repair Garage) Staff Planner Carolyn A.K. Smith Location 3949 Holland Road