3 December 11, 2013 Public Hearing

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1 3 December 11, 2013 Public Hearing APPLICANT : HALL AUTOMOTIVE, LLC PROPERTY OWNER: AUTO PROPERTIES HALL NISSAN VIRGINIA BEACH, AUTO PROPERTIES HALL COLLISION, VIRGINIA E. CORNICK TRUST STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit for installation of a paint booth in existing building at the corner of Chestnut Avenue and Bonney Road; use of two parcels as interim bulk storage yards for vehicles and the deferral of parking lot improvements for up to five years; a 2,500 square foot area for storage of auto parts and other materials for recycling; and, the addition of bulk storage for towed vehicles in an area on the site that was previously approved for vehicle sales. ADDRESS / DESCRIPTION: 3757 & 3769 Bonney Road GPIN: ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 14.6 acres AICUZ: Less than 65 db DNL Page 1

2 BACKGROUND / DETAILS OF PROPOSAL The existing auto sales and service business has been operating since During subsequent years, Conditional Use Permits and several Street Closures have been approved permitting the construction of numerous buildings, sales display areas, and vehicle storage areas in conjunction with the business. These approvals were conditioned with the typical limits and design features associated with auto-related and storage uses. In addition, a ten year right-of-way reservation (that has now expired) was required, as well as the redesign of the building and site layout, in anticipation of the future Rosemont Road and I-264 interchange improvements. In 2003, the City Council approved a three-phase master plan for these 14.6 acres. Only Phase One, the construction of the 37,000 square foot Nissan dealership, has been fully implemented. The current request is to: Eliminate Phase Two (a new 15,000 square foot dealership building) and allow a paint booth in the existing building on this site at the corner of Chestnut Avenue and Bonney Road; Modify Phase Three (a new sales building and parking and display of used cars and a new building with parking for aftermarket adjustments) as interim bulk storage yards for vehicles and to defer parking lot improvements for the storage yards (allow the use of gravel) for up to five years from date of City Council s approval; Allow a 2,500 square foot area for storage of auto parts and other materials for recycling (bulk storage); and, Add the use of bulk storage for towed vehicles in an area of site previously approved for vehicle sales. Condition 1 of the 2003 Conditional Use Permit references a site layout that depicts the improvements associated with all three phases of development. As the Phase 2 improvements are no longer desired, and an interim use of bulk storage of vehicles is proposed where the Phase 3 improvements were originally proposed in 2003, a Modification to the Conditional Use Permit is required. In addition, the request for two additional storage areas on the site one for materials awaiting transfer to a recycling facility and one for towed vehicles also requires a Modification to the Conditional Use Permit. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Primarily auto-related uses such as auto sales, service, and repair SURROUNDING LAND USE AND ZONING: North: Bonney Road Mixed retail / B-2 Community Business District Financial institution / B-2 Community Business District South: I-264 East: Butternut Lane, Pine Street, and Poplar Street Contractor office and storage / I-1 Light Industrial District West: Retail / B-2 Community Business District Page 2

3 NATURAL RESOURCE AND CULTURAL FEATURES: The property is within the Chesapeake Bay Watershed. It consists of primarily impervious surfaces. There are no known natural or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates these sites as Urban Area - Rosemont Strategic Growth Area (SGA 5), for which the Rosemont SGA Master Plan was adopted as a Comprehensive Plan amendment on September 13, The Rosemont SGA is envisioned as a transit-oriented, residential village with complementary mixed-use and office developments. More specifically, the Rosemont SGA Master Plan identifies the subject properties as being located within two Rosemont development initiative areas: Thalia Station Development and Nissan Redevelopment. The Master Plan reflects redevelopment of this area with new blocks of high-density apartment and commercial development along Virginia Beach Boulevard, townhouse development on adjacent properties and phased-in high density/mixed-use development adjacent to a future transit station. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road is a four-lane undivided, urban, minor collector. Although the VDOT I-264 Corridor Study and the Rosemont Strategic Growth Area Plan propose a variety of proposals for Bonney Road, there are currently no Roadway CIP projects that affect Bonney Road or its cross-streets in the vicinity of this site. TRAFFIC: Street Name Present Volume Present Capacity Bonney Road 16,500 ADT 1 14,800 ADT 1 (Level of Service C ) - 22,800 ADT 1 (Level of Service D ) Generated Traffic Existing and Proposed Land Use 2 2,234 ADT 1 Average Daily Trips 2 as defined by existing auto dealership and auto related uses with no significant change in land use WATER & SEWER: The existing buildings are already connected to City water and sewer. No service is required for the bulk storage areas; however, when those areas eventually develop with structures needing water and sewer, analysis of Pump Station #503 may be required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION The Comprehensive Plan designates these sites as Urban Area - Rosemont Strategic Growth Area (SGA 5). The existing auto-related uses are not envisioned in the Master Plan, but rather the Plan calls for a transit-oriented residential village with complementary mixed use and office. It specifically identifies the subject properties as a Development Initiative Area Nissan Redevelopment. The applicant s proposed modifications include the installation of a paint booth in the existing building at the corner of Chestnut Page 3

4 Avenue and Bonney Road; the use of two parcels as interim bulk storage yards for vehicles, and the deferral of parking lot improvements for up to five years; the development of a 2,500 square foot area for storage of auto parts and other materials for recycling; and, the addition of a bulk storage yard for towed vehicles, located in an area of the site that was previously approved for vehicle sales. While these uses are not consistent with the Comprehensive Plan s redevelopment vision for the Rosemont SGA, the Modification to the Conditional Use Permit is recommended for approval. The auto-related operation is deemed appropriate as a continued interim use until the development trends surrounding the properties in the area begin to redevelop consistent with the recommendations of the Rosemont SGA Master Plan. The Comprehensive Plan s Land Use Recommendations and the Special Area Development Guidelines for Urban Areas call for quality landscaping and fencing. The use of stockade or chain link fence where visible from any public street is discouraged. Consistent with this, the retention of the existing chain link fencing with barbed wire, which is visible from the rights-of-way, is not recommended for approval. The applicant is amenable to retrofitting the existing fencing along Chestnut Avenue, along the property line adjacent to the financial institution at the terminus of Pine Street and around the proposed recycled materials storage area in order to meet this recommendation as well as to comply with the Zoning Ordinance requirements for screening of bulk storage yards. With this Use Permit, all of the applicable conditions from past Conditional Use Permits are now combined in an attempt to alleviate confusion for both the property owner and staff. Obsolete conditions have been removed, applicable conditions remain as originally approved, and several conditions have been updated. As an example, Condition #1 of the June 2001 Conditional Use Permit for the auto body shop and Condition #6 of the September 2003 Conditional Use Permit for auto sales and service state that, All auto repair must take place inside the building. No outside storage of equipment, parts or materials shall be permitted. This condition is modified below (#3 and #4) in order to allow the bulk storage of materials to be recycled. Additionally, to ensure this site does not become a junk yard, staff is also recommending a condition that no on-site sale of recycled materials or public drop-off of recycled materials be permitted. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. The conditions of the June 5, 2001 and September 9, 2003 Conditional Use Permits are deleted and are replaced with Condition 2, below, and as specifically modified by the other listed conditions of this Use Permit. 2. Development and redevelopment of the site shall substantially conform with the plan entitled Conceptual Site Layout Plan Of Hall Properties, Bonney Road, Virginia Beach, VA, dated October 10, 2013, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. All auto repair shall take place inside the Existing Shop or the Existing Body Shop buildings, as depicted on the concept plan identified in Condition #2 above. 4. No outside storage of equipment, parts or materials, other than materials stored for future recycling in the 2,500 square foot storage area depicted on the concept plan identified in Condition 2 above, shall be permitted. Page 4

5 5. No on-site sale of recycled materials or public drop-off of recycled materials (for profit or otherwise) shall be permitted. 6. The two existing gravel lots depicted on the concept plan identified in Condition 2, above, shall be permitted on the site as a temporary site condition for no more than five years from the date of approval by City Council of this request. 7. All overhead doors located on the side of any building facing I-264 must remain closed except for moving vehicles into and out of the building for service. 8. The area identified on the concept plan identified in Condition 2 above as Existing Enclosed Bulk Storage for Towed Vehicles and Sales shall be screened from view with the use of Category VI screening. The existing chain-link fence along the northern boundary of this area may remain until such time as that fence is replaced. An all-weather, solid fence shall be installed when the chain link fence is replaced. Barbed wire shall be prohibited on any new fence on these properties. 9. A 50-foot reservation shall be required along the southern property line adjacent to I-264 as necessary for improvements related to Rosemont Road and I-264 interchange. 10. The building labeled as Existing Body Shop on the concept plan identified in Condition 2 shall utilize the design, materials and colors as depicted on the exhibit entitled, Conceptual Design for HALL AUTO WORLD COLLISION CENTER, prepared by Burkhart Thomas Architecture/Interior Design and on file in the Planning Department, as per the June 5, 2001 Conditional Use Permit. 11. The building labeled as Existing Nissan Building, 37,000 SF on the concept plan identified in Condition 2 shall utilize the design, materials and colors as depicted on the exhibit entitled, Hall Nissan, Front Elevation - Bonney Road and Hall Nissan, Right Side Elevation Butternut Lane dated May 30, 2003, as per the September 9, 2003 Conditional Use Permit. 12. When constructed, all Proposed buildings shown on the concept plan identified in Condition 2, above, shall be developed in substantial conformance with the architectural style, colors and materials used for the Existing Nissan Building, 37,000 SF, referenced in Condition 2, above. 13. All internal lot lines within the 14.6-acre site governed by this this Conditional Use Permit shall be vacated by plat prior to final site plan approval of the next phase of construction. 14. Chain-link fencing and the use of barbed wire shall not be allowed surrounding any bulk or vehicle storage area. Any existing chain-link fencing on the site shall be removed from the site with the redevelopment of each parcel or when the chain-link fence is replaced, whichever is first. In no case shall new barbed wire be permitted. 15. Streetscape landscaping, as required by the Virginia Beach Landscaping Guide, shall be installed where deficient between rights-of-way and parking lots/display areas. 16. There shall be no pennants, streamers, banners, balloons or searchlights displayed on the site at any time. 17. Vehicles shall not be parked so as to obstruct any entrance along Bonney Road, Chestnut Avenue, Butternut Lane and/or Spruce Street. 18. No unloading of car carriers or other vehicles transporting vehicles to the site for sale or repair shall be permitted in the rights-of-way. Page 5

6 19. Storage of vehicles awaiting repair and inoperable vehicles shall be stored within the Enclosed Bulk Storage Area for Towed Vehicles, or within the Existing Body Shop or Existing Shop buildings, and in no case is the storage of these vehicles permitted within any parking lot. A determination of operability of a wrecked vehicle shall be made within five business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five business days. 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 PROPOSED SITE LAYOUT Page 8

9 ZONING HISTORY # DATE REQUEST ACTION 1 09/09/03 Rezoning (I-1 to B-2) Conditional Use Permit (auto sales & service) Granted Granted 2 03/25/03 Rezoning (I-2 & B-2 to Conditional B-2) Conditional Use Permit (auto sales) Granted Granted 3 01/28/03 Street Closure Granted 4 12/10/02 Conditional Use Permit (auto sales parking lot expansion) Granted 5 06/05/01 Conditional Use Permit (auto body shop) Street Closure Granted Granted 6 07/13/93 Conditional Use Permit (motor vehicle rentals) Granted 7 10/30/89 Conditional Use Permit (auto repair) Granted Page 9

10 DISCLOSURE STATEMENT Page 10

11 DISCLOSURE STATEMENT Page 11

12 DISCLOSURE STATEMENT Page 12