D3 January 14, 2015 Public Hearing APPLICANT: DONALD J. BOUCHER, JR. PROPERTY OWNER: D.J.B. SERVICE CENTER, LLC STAFF PLANNER: Kristine Gay REQUEST: A. Conditional Change of Zoning (I-1 to B-2) B. Conditional Use Permit (Motor Vehicle Sales and Service) ADDRESS / DESCRIPTION: 800 South Military Highway GPIN: 14562548250000 ELECTION DISTRICT: KEMPSVILLE SITE SIZE:.71 Acres AICUZ: Less than 65 db DNL APPLICATION HISTORY: This application was deferred on December 10, 2014 due to failure to post the required public notice signs. BACKGROUND / DETAILS OF PROPOSAL Background The applicant would like to use the existing building and make minor improvements to the property located at 800 South Military Highway to accommodate the sale of used automobiles. The City Zoning Ordinance recognizes this use as Motor Vehicle Sales; this use requires a Conditional Use Permit and is only allowed in the B-2, B-3, and B-4 Business Districts. Thus, the applicant is requesting a Conditional Use Permit for Motor Vehicle Sales and a Rezoning from I-1 Industrial to Conditional B-2 Business. Site The site is 0.71 acre in area and located at the corner of South Military Highway and Alexandria Avenue. The site was previously used as an eating establishment with a drive-through window. The layout of the site is reflective of the previous use by consisting of a 2,926 one-story building located in the center of the site and surrounded by parking and drive aisles that accommodated one-way circulation. Page 1
Improvements The applicant will provide 767 square feet of street front planting; this planting area will include eight small canopy trees. The applicant will also provide over 1,300 square feet of foundation planting, display area planting, and interior parking lot planting. The parking lot will be restriped to more appropriately accommodate the one-way traffic and parking spaces for the employees. The existing building will be painted and new signage for the site will be designed to fit in the existing sign structure. Use A maximum of four employees will be working on-site at one time. Up to 38 vehicles will be displayed for sale on the subject site. The applicant currently sells motor vehicles less than a mile to the south at 1113 South Military Highway located in Chesapeake, Virginia. Vehicles that have been selected by customers and are waiting to be closed on, will be moved to the Chesapeake location. The proposed hours of operation are Monday through Saturday from 9:00 am to 8:00 pm and 12:00 noon to 6:00 pm on Sunday. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant building / I-1 Industrial District SURROUNDING LAND USE AND ZONING: North: Motor Vehicle Sales / B-2 Business District South: Motor Vehicle Sales / I-1 Industrial District East: Access drive to pharmacy /Conditional B-2 Business District Single-family dwellings / R-10 Residential West: South Military Highway Office Building / 02-Office District NATURAL RESOURCE AND CULTURAL FEATURES: There do not appear to be any natural or cultural features located on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Suburban Area Suburban Focus Area 8, Military Highway Corridor. Recommendations for the corridor include replacing industrial uses with compatible uses such as medium density residential, office, hotel, and institutional uses. Access points should be limited along Military Highway and new and redeveloped uses should improve the aesthetics of this corridor through high quality building design, signage and landscaping (pages 3-25 & 3-26). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Page 2
Military Highway in the vicinity of this application is considered a six-lane divided major urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service E. TRAFFIC: Street Name South Military Highway Present Present Capacity Volume 46,721 ADT 1 26,300 ADT 1 (Level of Service C ) 48,200 ADT 1 (Level of Service E ) Generated Traffic Existing Land Use 2 54 ADT Proposed Land Use 3 98 ADT 1 Average Daily Trips 2 as defined by.71 acres of property zoned I-1 Industrial 3 as defined by used car sales WATER: This site currently connects to city water. The existing 5/8-inch water meter (City ID #95082379) may be used or upgraded to accommodate the proposed development. There is an existing 20-inch city water main and three existing 48-inch raw water mains along South Military Highway. There is an existing 48-inch city raw water main along Alexandria Lane. SEWER: This site currently connects to city sewer via pump station #411. There is existing 8-inch city sewer gravity main and an 8-inch city sewer force main along South Military Highway and an existing 8- inch city sewer gravity main along Alexandria Lane. There is an abandoned 8-inch force main along South Military Highway. EVALUATION AND RECOMMENDATION The applicant would like to use the existing building and make minor improvements to the property located at 800 South Military Highway to accommodate the sale of used automobiles. This use requires a Conditional Use Permit and is only allowed in the B-2, B-3, and B-4 Business Districts. Accordingly, the applicant is requesting a Conditional Use Permit for Motor Vehicle Sales and a Rezoning from I-1 Industrial to Conditional B-2 Business. The applicant has proffered that the conversion of the existing building, site access, parking, and landscaping shall substantially conform to the submitted site plan exhibit. As shown on this submitted plan, no vehicles for sale are proposed to be within five feet of any public-right-of way. The applicant has worked with Staff to provide landscaping primarily along South Military Highway and rely on the existing street trees located between the site and Alexandria Avenue. Further, the landscaped improvements shown on the site plan exhibit will provide visual relief, shading of the parking lot, and buffering along the adjacent streets as called for by the Comprehensive Plan s Design Guidelines for Suburban Focus Area 8. Additionally proffered by the applicant is that the site will not be used as an auto repair garage, small engine repair facility, automobile service station, bar/nightclub, commercial parking lot, communication towers, an eating and drinking establishment with a drive-through window, or a storage garage. In addition to this proffered use restriction, Staff has included conditions regarding the placement of vehicles on the site to ensure compliance with the proffered site plan. Page 3
Staff finds that the proposed use, while not being in complete consistency with the Comprehensive Plan with regard to use and community design, provides a substantial redevelopment of and investment in the site. The proposed use of the site is consistent with the existing character of the area, and is deemed appropriate as a continued interim use until redevelopment trends of the surrounding area begin to emerge consistent with the recommendations of the Comprehensive Plan for Suburban Focus Area 8 Military Highway Corridor. Based on the evaluation of the request, as provided above, Staff recommends approval of this request as proffered and conditioned. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to offset identified problems to the extent that the proposed rezoning is acceptable, ( 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The property is developed and shall be converted for use as an office building with motor vehicle sales with access, parking, and landscaping in substantial conformity with the exhibit titled SCHEMATIC SITE PLAN FOR COURTESY AUTO SALES S. Military Highway, Virginia Beach, Virginia, dated November 3, 2014, prepared by WPL Landscape Architects ( Concept Plam ) a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: The following principal and conditional uses within the B-2 Commercial District shall be prohibited: (a) Auto repair garage (b) Small engine repair (c) Automobile service station (d) Bar/Nightclub (e) Commercial parking lot (f) Communications towers (g) Eating and drinking establishment with drive-through window (h) Storage garage PROFFER 3: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The City Attorney s Office has reviewed the proffer agreement dated Month 00, 0000 and found it to be legally sufficient and in acceptable legal form. CONDITIONS Page 4
1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the exhibit titled SCHEMATIC SITE PLAN FOR COURTESY AUTO SALES S. Military Highway, Virginia Beach, Virginia, dated November 3, 2014, prepared by WPL Landscape Architects a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Vehicles on display shall not be placed in, on, or over any landscaped areas or raised platforms. 3. No vehicles shall be stacked or double-parked in the display area called out as Area 2A on the site plan referenced by Condition #1. 4. Per Section 239 of the City of Virginia Beach Zoning Ordinance, all lighting shall be directed toward the interior of the site and away from adjoining properties. 5. Per Section 239 of the City of Virginia Beach Zoning Ordinance, as shown on the site plan referenced by Condition #1, no motor vehicle shall be displayed for sale or rental within the first five (5) feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. 6. The proposed ten (10) customer parking spaces shall be identified on site by use of signage or painted pavement. 7. A landscape plan shall be submitted and approved by the City Landscape Architect of the Development Services Center. 8. All conditioned and proffered improvements shall be made prior to receiving a Certificate of Occupancy. 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 or Change of Zoning 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
AERIAL AND STREET VIEW OF SITE LOCATION Page 6
PROPOSED SITE PLAN (PROFFER #1 & CONDTIION #1) Page 7
4 5 2 3 1 ZONING HISTORY # DATE REQUEST ACTION 1 11/25/2014 Conditional Use Permit (Automobile Service in conjunction with a Approved Convenience Store.) 2 12/07/2010 Modification of Conditions (Bulk Storage Yard) Approved 3 11/27/2007 Conditional Use Permit (Car Wash) Approved 4 09/12/2000 Conditional Use Permit (Motor Vehicle Sales) Approved 4 12/21/1994 Conditional Use Permit (Mobile Home Sales) Approved 5 04/27/1993 Conditional Use Permit (Truck Rentals) Approved Page 8
DISCLOSURE STATEMENT Page 9
DISCLOSURE STATEMENT Page 10