2 October 9, 2013 Public Hearing APPLICANT: BEST BUY WHEELS

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1 2 October 9, 2013 Public Hearing APPLICANT: BEST BUY WHEELS PROPERTY OWNER: ALKIVIADIS MAGRIPLIS STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit (Bulk Storage Yard) ADDRESS / DESCRIPTION: 1740 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 29,841 square feet AICUZ: Greater than 75 db DNL, APZ-1 BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for an existing bulk storage yard located on the rear portion of the subject parcel. Automobile service has been located on this site since a Conditional Use Permit was granted to Virginia Beach Body Works on November 12, On January 9, 2009, an APZ-1 Permit was approved for the sale and display of new and used automobiles. Due to the site s location within Accident Potential Zone 1, Section 1809 of the City Zoning Ordinance allows the Planning Director to approve, through an abbreviated process that includes public notification, certain uses that typically would require a Conditional Use Permit from the City Council. The approval of this APZ-1 Permit had two conditions: 1. The site shall be re-developed and landscaped substantially in accordance with the submitted PRELIMINARY SITE PLAN OF 1744 VIRGINIA BEACH BOULEVARD FOR ALKIVAIDIS MAGRIPLIS, dated 9/30/28 and prepared by John E. Sirine and Associates. This shall be accomplished before the business license is approved. 2. Parking spaces and display area spaces must be clearly delineated in the parking lot in accordance with the approved plan. Vehicles are to be parked in the designated areas and no vehicle shall be parked within any portion of the public right-of-way. Page 1

2 Proposed improvements to the site included enhanced landscaping along Virginia Beach Boulevard and the installation of curb and guttering; however, based on a recent field visit to the site, these conditions have not been met. Additionally, staff cannot find a valid business license for automobile sales for the applicant at this site. The subject site is zoned B-2 Commercial Business District and is occupied by a one-story, cinder-block building containing 2,630 square feet of floor area. The building has 497 square feet for the vehicle sales office and 2,133 square feet for vehicle repair. The rear portion of the site is a gravel lot that is currently being used to store vehicles and containers. The applicant was unaware of the need for a Conditional Use Permit for bulk storage. In response to a Notice of Violation from the Zoning Office, dated March 25, 2013, pertaining to the storage of vehicles on the property, the applicant submitted a Conditional Use Permit application for bulk storage on the site. There is a six-foot high chain-link fence surrounding the rear portion of the lot and barbed wire has been placed on top of the fencing along the east and rear (north) property lines. The vehicles are stored in this area until they are ready to be sold, at which time they are moved to the front portion of the site and displayed in the designated sales areas. The application states that there are three employees with hours of operation as 10 a.m. to 6 p.m. on Monday through Friday and 11 a.m. to 5 p.m. on Saturday. The required parking for the automobile sales is located along the west side of the building. The areas in front and along the west property line adjacent to the building are dedicated to displaying vehicles for sale. Plant material on the site consists of a few shrubs along Virginia Beach Boulevard, as well as some vegetation at the base of the monument sign at the southwest corner of the property. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Sale and repair of new and used automobiles; storage of vehicles and containers. SURROUNDING LAND USE AND ZONING: North: Office-Warehouse Use / B-2 Community Business District South: Virginia Beach Boulevard Automobile Sales and Servicing / B-2 Community Business District East: Commercial Office Space / B-2 Community Business District West: Motel and Apartments / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The property is located in the Chesapeake Bay watershed. There are no significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as Urban Area- Hilltop Strategic Growth Area (SGA 7). The Hilltop SGA Master Plan was adopted as a Comprehensive Plan amendment on August 28, 2012, and is the guiding planning and land use document for this area. The Hilltop SGA is designated as an area for redevelopment and reinvestment because of its existing commercial strength and its proximity to the Oceanfront Resort Area, NAS Oceana, and the I-264/First Page 2

3 Colonial Road interchange. The current use of the site as well as the site design is not consistent with the Comprehensive Plan s land use and planning policies regarding compatible development as well as the vision for this area of the Hilltop SGA. The current use, however, is in keeping with that of the surrounding area. IMPACT ON CITY SERVICES TRAFFIC: As per Public Works Standards, curb and gutter and a commercial entrance must be installed for this site to bring it up to current standards for safety and access management. WATER: This site is currently connected to City water. There is an existing 12-inch City water line in Virginia Beach Boulevard. The existing 1-inch meter (City ID # ) can be used or upgraded to accommodate the proposed development. SEWER: The site is currently connected to City sanitary sewer. There are two existing eight-inch City gravity sanitary sewer mains in Virginia Beach Boulevard. Analysis of Pump Station #262 and the sanitary sewer collection system is required to ensure future flows can be accommodated. FIRE: No Comments. EVALUATION AND RECOMMENDATION On January 9, 2009, an APZ-1 Permit was granted for the sale and display of new and used automobiles. Staff recently inspected the site, and found that the conditions of the APZ-1 Permit have not been met. Accordingly, the improvements required by those conditions must be completed, and the recommended conditions below reiterate that requirement. The current request for a Conditional Use Permit for bulk storage pertains to use of the rear portion of the 29,841 square foot site, zoned B-2 Commercial Business District, for the storage of vehicles and storage containers. The vehicles stored on the site will consist of new and used automobiles that are being prepared for sale on the front portion of the lot in the areas that were designated as display areas per the site plan conditioned with the 2009 APZ-1 Permit. While the use and the current site and building layout are not what the Hilltop SGA Master Plan envisions, the use is consistent with existing conditions and land use in the area, and is appropriate until such time that market conditions force change in this area. Thus, the use is generally consistent with the Comprehensive Plan s land use policies regarding compatible development. Several automobile-related Conditional Use Permits have been granted in the vicinity of the subject site, including bulk storage yards, automobile repair garages, and automobile sales. Given the location of the site in the highest AICUZ and Accident Potential Zone-1, industrial uses such as automobile repair and storage yards are appropriate. The existing gravel surface in the area of the site designated as the bulk storage yard is permitted subject to approval by the City s Building Official. Section 228 of the City Zoning Ordinance provides the Page 3

4 standards for bulk storage yards. One of the standards requires the installation of Category VI screening around the entire bulk storage yard, except for necessary openings for ingress and egress. Category VI screening consists of a solid fence, not less than six feet in height, with shrubs planted on the exterior side of the fence in a planting bed not less than six feet in width. The existing chain link and barbed wire fence currently enclosing the bulk storage yard does not meet that standard. Accordingly, Condition 5 is being recommended to address this issue. Staff recommends approval of the applicant s request, subject to the conditions listed below. CONDITIONS 1. All conditions of the APZ-1 Permit for automobile sales, issued on January 9, 2009, shall remain in effect. 2. A site plan shall be submitted to the Development Services Center to ensure all improvements as shown on the plan approved as a condition of the APZ-1 Permit referenced above in Condition 1 are completed. Said site plan shall include any additional site improvements required by the conditions below as well as those required by all applicable City ordinances and standards. 3. Barbed wire shall be prohibited and shall be removed from the site where it currently exists. 4. Consistent with the screening and buffering requirements for bulk storage yards as set forth by Section 228 of the City of Virginia Beach Zoning Ordinance, the existing chain link fencing shall be removed and replaced with a solid fence, not less than six (6) feet in height. Vegetation meeting the Category VI screening requirement shall be planted along the exterior of the fence surrounding the bulk storage yard. 5. The use of a gravel surface in the area designated for the bulk storage yard shall be allowed subject to the approval of the Building Official. 6. There shall be no outside storage of equipment, parts, or materials visible from the public rightof-way. 7. Any vehicle stored on site shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five business days of arrival on site. No wrecked vehicle shall remain on the site for more than five business days. 8. Storage of containers shall only be permitted on the rear portion of the bulk storage yard in an orderly manner as specified on the submitted plan entitled, PLAN OF PROPERTY LOCATED AT OCEANA FOR ALKIVIADIS ANDREAS MAGRIPLIS AND EFTIHIA A. MAGRIPLIS, dated August 20, Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 14 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property Page 4

5 boundary. 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 SITE LAYOUT Page 7

8 PLAN APPROVED WITH APZ-1 PERMIT (JANUARY 9, 2009) Page 8

9 ZONING HISTORY # DATE REQUEST ACTION 1 03/10/2009 Conditional Use Permit (Automobile Sales and Services/Bulk Approved Storage) 2 01/09/2009 APZ (Automobile Sales and Services) Approved 3 12/14/2004 Conditional Use Permit (Automobile Service Station) Approved 4 08/24/2004 Conditional Use Permit (Motor Vehicle Sales) Approved 5 08/28/2001 Conditional Use Permit (Automobile Repair) Approved 6 11/13/2001 Conditional Use Permit (Tattoo Parlor/Body Piercing) Denied 7 11/09/1999 Conditional Use Permit (Motor Vehicle Sales) Approved 8 09/08/1998 Conditional Use Permit (Bulk Storage) Approved 9 02/25/1985 Conditional Use Permit (Bulk Storage) Approved 10 11/12/1973 Conditional Use Permit (Auto Service) Approved Page 9

10 DISCLOSURE STATEMENT Page 10

11 DISCLOSURE STATEMENT Page 11