1 February 8, 2012 Public Hearing APPLICANT: ERNEST D. PARRISH

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1 REQUEST: Conditional Use Permit (Truck and Trailer Rental) 1 February 8, 2012 Public Hearing APPLICANT: ERNEST D. PARRISH PROPERTY OWNER: ACT B LYNNHAVEN COLONY SHOPS STAFF PLANNER: Faith Christie ADDRESS / DESCRIPTION: 2973 Shore Drive Unit #104 GPIN: ; ; ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 2 acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a portion of the site to be used for truck and trailer rentals (U- Haul). The applicant proposes to display 5 trucks and or trailers in the southeast corner of the site, near the intersection of Sea Shell Road and Cape Henry Drive. There is a substantial drainage area, at the rear of the site to the edge of the Cape Henry Drive, which separates the center from the residential area to the south. The applicant proposes a 4 foot tall fence as well as Ligustrum shrubs to help screen the use. The site is L-shaped, and the building is designed to follow the L-shape. The site contains 19,294 square feet of building area. Of that building area restaurants occupy 10,283 square feet (a pizzeria, a sushi restaurant, and a restaurant / bar). Two variances have been granted to reduce the required parking. Thus the site is deficient with regards to parking. The site has minimal landscaping. The building is Mediterranean in style with stucco walls and tile roof. Page 1

2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied by an L-shaped strip retail center, associated parking and landscaping. The site was developed in 1986 as a retail center. The site is zoned B-2 Business with a Shore Drive overlay. SURROUNDING LAND USE AND ZONING: North: South: East: West: Shore Drive Cape Henry Drive Across Cape Henry Drive are single-family dwellings / R-10 Residential with a Shore Drive overlay Sea Shell Road Across Sea Shell Road is a shopping center containing 2 restaurants, laundry, and church / B-2 Business with a Shore Drive overlay Urchin Road Across Urchin Road is a bank / B-2 Business with a Shore Drive overlay NATURAL RESOURCE AND CULTURAL FEATURES: The site is developed with building and parking. There are no significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Suburban Focus Area (SFA) 1 Shore Drive Corridor The Comprehensive Plan designates this area of the City as Suburban Focus Area (SFA) 1 - Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park, and was designated as a Suburban Focus Area because of its unique characteristics. The Shore Drive Corridor Guidelines (2002), prepared as a complement to the Shore Drive Corridor Plan (2000), were adopted to ensure quality and create a consistent theme throughout the area, as well as to address various site and architectural design elements, including linkages, landscaping, lighting, and signage. Development consistent with the community s goals that will achieve the physical characteristics necessary to enhance the economic vitality and visual aesthetics of the Shore Drive corridor is encouraged. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This application requests a permit for a U-Haul rental facility in an existing 19,000 square foot shopping center that occupies all but the northwest quadrant of the square encompassed by Shore Drive, Urchin Road, Sea Shell Road, and Cape Henry Drive. Although the site has frontage along all four roads, its access is limited to two entrances on Urchin Road and two entrances on Sea Shell Road. Sea Shell Road has access to the eastbound lanes of Shore Drive only, while Urchin Road has a four-way unsignalized intersection with Shore Drive. Because moving equipment rental is not an ITE land use category, worst-case trip generation was estimated based on several assumptions. First, the trips associated with the rentals were assumed to be in addition to Page 2

3 the trips estimated from the shopping center s floor area. It was further assumed that each piece of equipment would be used for in-town moves such that it could be rented twice a day and each rental would involve four trips (arrival without equipment, leaving with equipment, returning equipment, leaving without equipment). Based on the amount of rental equipment described in the application, this yielded a worst-case estimate of 48 ADT, with an assumed heavy peaking adding 6 of these trips in the PM peak hour. Shore Drive is a four-lane urban major arterial. The Master Transportation Plan s Major Street Network Ultimate Rights-of-Way designates it as an ultimate six-lane section within a 150 right-of-way. Cape Henry Drive, Sea Shell Road, and Urchin Road are all two-lane local streets that are not identified by name in the Master Transportation Plan. Shore Drive fronting this site is within the project limits of CIP Project # Shore Drive Corridor Improvements Phase III. The project is currently in the design phase with construction scheduled to begin in TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shore Drive 42,900 ADT 1 31,700 ADT 1 Existing Land Use (19 AM Peak Hour / 71 PM Peak Hour) ADT Proposed Land Use (19 AM Peak Hour / 77 PM Peak Hour) ADT 1 Average Daily Trips 2 as defined by a 19,000 square foot shopping center 3 as defined by a 19,000 square foot shopping center with truck and trailer rentals WATER and SEWER: The site is connected to City water and sewer. Based on staff s evaluation and conclusions, provided below, staff recommends denial of this request. EVALUATION AND RECOMMENDATION Parking for the subject site is a significant concern. The center has three restaurants occupying 10,283 square feet of the center. The balance of the center, 9,134 square feet, is occupied by retail and office uses. Had the center not been granted variances to the required parking, it would have to have 140 parking spaces for the uses occupying the buildings. The center was granted variances to 120 parking spaces. The submitted physical survey depicts 110 parking spaces thus making the center deficient by 10 spaces. The applicant wishes to use 5 of those spaces at all times for rental trailers and trucks. Parking in the Bayfront area is a scarce commodity and should not be compromised. Regarding the applicant s desire to park five rental trucks and trailers on the site at all times, there is no guarantee that the number will not exceed five. Customers may drop off the vehicles during non-business hours and take up additional parking spaces. Page 3

4 The applicant s representative met with the Bayfront Advisory Committee in January of this year. The representative advised the Committee that the proposed use is needed in the community, that there are no other vehicle rental establishments in the area, and that the applicant needs the truck and trailer rental to make his business work. The representative also stated that the applicant agreed to the following: Park the vehicles at the rear of the center in five reserved parking spaces; Landscape and fence the area with evergreen shrubs and a four-foot tall fence; Rent only small trailers and have no more than 1 vehicle at 20 feet in length; and Meet with the adjoining residential civic league. The representative stated that parking should not be an issue since the uses in the center operate on day night schedules. The restaurants tend to be busier in the evening hours while the office / retail uses operate in the daytime. However, that does not eliminate the fact that this proposed use would be using at least five of the existing parking spaces for trailers and trucks all the time. While the Bayfront Advisory Committee does not make recommendations for or against proposed land use proposals, the Committee does want to be on record regarding this request. The Committee feels it is a reasonable request, particularly with parking the vehicles at the rear of the center and adding landscaping and fencing; however, not at this site. The main issues with the request at this center are parking, and that the use is contrary to vision for the Shore Drive Corridor. The Shore Drive Corridor Plan was adopted by reference as part of the Comprehensive Plan in The plan s goal is to protect, restore and enhance the corridor to reflect the area s unique character as a residential community, and to establish a functional and attractive scenic gateway. Corridor-wide recommendations are to improve land use compatibilities and avoid over commercialization to insure that resort-based uses complement rather than dominate, encourage reuse/revitalization of existing commercial properties, promote safe interconnectivity of pedestrians, and encourage corridor beautification. The City Zoning Ordinance requires the following for truck and trailer rentals a. The minimum lot size shall be twenty thousand (20,000) square feet. b. Trucks and trailers for rental shall be displayed in an area designated on a site plan submitted with the application for a conditional use permit, no more than three (3) trucks or trailers for rent shall be displayed and no truck or trailer shall be displayed within the first ten (10) feet of any front or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed truck or trailer on the premises. c. All lighting shall be directed toward the interior of the site and away from adjoining properties. d. Trucks or trailers for rental which are not being displayed as provided for in (b) above shall be located within a building or in a designated area located behind the nearest portion of a building adjacent to a public street. The designated area shall be screened, except for necessary openings 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 (6) feet in height and Category VI landscaping. The request meets a ; the request does not meet b or d. Lastly, staff has little faith that the applicant will abide by any conditions proffered or placed by staff upon the request. The zoning inspector in this area verbally cited the business several times between September 2010 and May The applicant was formally cited for operating the truck and trailer rental business on May 11, The applicant did not apply for the use permit until September The request has been deferred several times because the site was not properly posted. Further the applicant has continued to park up to 7 vehicles in the parking area along Shore Drive until this past week. Page 4

5 There are other locations along Shore Drive that can accommodate this type of request whereby the applicant could meet the requirements of the City Zoning Ordinance as well as any conditions proposed by the applicant or staff. After careful evaluation, staff finds that we cannot recommend approval of the use permit request for truck and trailer rentals. 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 ZONING HISTORY # DATE REQUEST ACTION 1 1/13/09 10/13/98 1/9/84 7/2/84 5/8/78 6/13/77 8/10/60 Conditional Use Permit (Assembly) Shore Drive Overlay District Rezoning (R-8 Residential to B-2 Business) Street Closure Rezoning (R-8 Residential to B-2 Business) Rezoning (R-8 Residential to B-2 Business) Rezoning (RD-2 Residence Duplex with T-1 Motel Tourist to Denied C G 1 General Commercial) 2 7/8/08 6/9/98 Modification of Conditions Conditional Use Permit (Home for the Aged) 3 12/3/02 Conditional Use Permit (Multi-family dwellings) 4 11/27/01 10/02/01 Conditional Use Permit (Multi-family dwellings) Conditional Use Permit (Multi-family dwellings) Denied 5 6/27/00 Rezoning (B-4 Mixed Use (SD) to A-12 Apartment (PD-H2)) 6 4/20/98 Conditional Use Permit (Miniature golf) 7 1/11/94 Conditional Use Permit (Church) 8 8/21/90 Conditional Use Permit (Billiards) Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10