4 September 14, 2011 Public Hearing APPLICANT:

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1 4 September 14, 2011 Public Hearing APPLICANT: MID-ATLANTIC AUTO PROPERTY OWNER: KHJ, LLC STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (motor vehicle rental, automotive service, and automotive/bulk storage) ADDRESS / DESCRIPTION: 640 Newtown Road GPIN: ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 19,354 square feet AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow motor vehicle rentals for up to eight trucks. Hours of operation for the truck rental business are Monday through Friday from 9:00 a.m. to 5:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. A maximum of four employees per shift is anticipated. The proposed truck rental business currently operates from this site in conjunction with an existing automotive service facility, which was established in No Conditional Use Permit was required when the original automotive repair facility was established, however now that the applicant would like to expand the use to include motor vehicle rental and truck storage, a Use Permit is required for the new uses. The use of automotive repair is identified within this request since it is the intent of the applicant to have that existing use remain on the site. Repair of both personal vehicles and rented vehicles will be conducted within the existing automotive repair facility. The site consists of a 3,450 square foot, one-story metal automotive repair facility situated along the southern property line. Six proposed parking spaces are located along the northern property line and three additional parking spaces are proposed in front of the building along the southern property line. A grass field is shown to the rear of the site and a six-foot tall chain link fence with barb wire encloses the grass field. Trucks are stored within the enclosed fenced grass field located to the rear of site. An additional 15-foot tall chain link fence is situated along the west side of the building. Page 1

2 EXISTING LAND USE: Automotive service facility with associated parking LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: Vacant residential land and single-family residential dwellings / R-7.5 Residential District South: Vacant commercial land / B-2 Community Business District East: Vacant residential land and single-family residential dwellings / R-7.5 Residential District West: Newtown Road Across Newtown Road are retail establishments / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being in the Suburban Area. The Comprehensive Plan contains policies to guide and protect the future physical character of the Suburban Area. The overriding objective of the Plan s Suburban Area policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The Comprehensive Plan recognizes the primary of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. (p. 3-1). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Newtown Road in front of this application is considered a four-lane undivided minor suburban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 150-foot right-of-way. No roadway Capital Improvement Program (CIP) projects are slated for this roadway surrounding the site. TRAFFIC: Street Name Present Volume Present Capacity Newtown Road 22,100 ADT 1 30,600 ADT 1 (Level of Service D ) Generated Traffic The proposed truck rental will result in no measurable increase in traffic generated at this site. 1 Average Daily Trips WATER: This site currently connects to City water. The existing 5/8-inch meter (City ID# ) may be used or upgraded to accommodate the proposed development. SEWER: This site currently connects to City sanitary sewer. Pump Station #344, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of Page 2

3 the Pump Station #344 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION Staff finds that the truck rental facility, with the recommended conditions, should not negatively impact the surrounding community. The site s nine parking spaces are sufficient to accommodate the proposed use and the existing automotive repair facility. The proposal is not expected to generate a change in traffic. In addition, the proposed rental spaces are located behind the building within a fenced-in area that is screened from view of the adjacent properties and right-of-way. The Comprehensive Plan supports a mix of land uses, including neighborhood commercial uses which are compatible with the surroundings. The recommended conditions listed, including restrictions on the hours of operation and permitted parking area for rental trucks and trailers, are effective methods used to insure compatibility with the surrounding business and residential uses. The recommended screening and fencing along the rear of the site helps insure compatibility of the proposed use with the adjacent residential district by buffering the proposed rental spaces from view of the residential to the north and east. Additional landscaping is also recommended in front of the site to improve the aesthetics of the lot. Staff finds that the truck rental facility in conjunction with the existing automotive repair establishment is compatible with the surrounding community with the following conditions. CONDITIONS 1. The rental facility hours of operation shall be between 8:00 a.m. to 6:00 p.m., Monday through Saturday. 2. All automotive repairs must take place inside the building. 3. All car washing, automotive detailing, and maintenance of motor vehicles shall take place inside the building. 4. No tires for sale, merchandise, or parts shall be displayed or stored outside. 5. All junk, debris, parts, old tires, or other discarded items must be removed from the site. 6. There shall be no storage of inoperable, wrecked, or dismantled vehicles on this site. 7. 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. 8. No paging system shall be permitted. 9. No more than a total of eight 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 in the area on the site that has been designated as the truck and trailer storage area on the marked-up survey entitled Physical Survey of Property of KHJ, LLC. by Gallup Surveyors and Engineers, LTD., and dated June 28, Said survey has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Page 3

4 10. The site shall be re-developed in substantial conformance with the marked-up survey labeled Landscape Exhibit. Said survey has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 11. The fifteen-foot tall fence, as shown on the marked-up survey, labeled Landscape Exhibit, shall be no taller than eight feet in height. 12. The truck and trailer storage areaa shall be screened, except for necessary opening for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100) feet of the designated area by a fence not less than six feet in height and Category VI landscaping. 13. In addition to landscaping as required by Condition 12 above, the entrance to the site shall be landscaped in substantial accordance to the marked-up survey labeled Landscape Exhibit. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 14. The gravel access located south of the three proposed parking spaces west of the building must be removed and replaced with landscape vegetation as identified within the above Condition The designated truck and trailer storage area may be gravel provided a waiver of on-site improvements is requested and approved by the Planning Director or is designee. If a waiver is approved, the truck and trailer storage area shall consist of at least six (6)-inches of aggregate stone and shall be delineated with curb stops or some other City-approved material to contain the aggregate on the site. 16. The existing freestanding sign shall be removed or modified to satisfy all requirements of the Zoning Ordinance for businesses within the B-2 Zoning District as of the date of this City Council Approval. 17. A site plan shall be submitted and approved by the Planning Department / Development Service Center. 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 4

5 AERIAL OF SITE LOCATION Page 5

6 PROPOSED SITE PLAN Page 6

7 LANDSCAPE EXHIBIT Page 7

8 PHOTOGRAPH OF SITE Page 8

9 ZONING HISTORY # DATE REQUEST ACTION 1 12/10/1973 Rezoning (R-6 to B-2) Granted 2 06/27/2006 Conditional Use Permit (religious use in shopping center) Granted 3 07/09/ /08/2005 Conditional Use Permit (bingo hall) Conditional Use Permit (church) Withdrawn Granted 4 09/11/2007 Subdivision Variance Granted 5 10/24/2000 Conditional Use Permit (housing for seniors & disabled persons) Granted 6 06/12/2007 Conditional Use Permit (car wash) Granted 7 02/01/2000 Conditional Use Permit (motor vehicle rental) Granted 8 02/27/2001 Conditional Use Permit (mini-warehouse/self-storage) Granted Page 9

10 DISCLOSURE STATEMENT Page 10

11 DISCLOSURE STATEMENT Page 11