Request Conditional Use Permit (Automobile Repair Garage & Bulk Storage Yard) Staff Recommendation Approval. Staff Planner Robert Davis

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1 Applicant Property Owner Edward Selamaj & Besnik Selamaj Public Hearing February 14, 2018 City Council Election District Beach Agenda Item 1 Request Conditional Use Permit (Automobile Repair Garage & Bulk Storage Yard) Staff Recommendation Approval Staff Planner Robert Davis Location 1208 Bells Road GPIN Site Size 9,679 square feet AICUZ Greater than 75 db DNL; APZ 2 Watershed Atlantic Ocean Existing Land Use and Zoning District Vacant / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Wooded parcel / I-1 Light Industrial South Bells Road Single-family dwelling, wooded parcel / R-5D Residential, I-1 Light Industrial East Industrial warehouse / I-1 Light Industrial West Wooded parcel / I-1 Light Industrial Page 1

2 Background and Summary of Proposal The applicant purchased the nearly 9,700 square-foot property in 2016 with the intent of using it for the storage and repair of vehicles related to the applicant s taxi business. The applicant was cited by the Department of Housing and Neighborhood Preservation for the inoperable vehicles on the property, which are not permitted, and for the storage of wood debris on the site, which requires a Conditional Use Permit for Bulk Storage. The applicant is working to remove the illegal vehicles from the property and would like to develop the site as an auto repair establishment. Based on this a Conditional Use Permit for Auto Repair Garage and for Bulk Storage has been filed. The applicant proposes to develop the site with a nearly 1,800 square-foot building. The 31-foot tall structure is proposed with three service bays for auto repair and a small office. Exterior building materials include split-face CMU, metal and vinyl lap siding, and an asphalt shingle roof. It is anticipated that most of the applicant s auto repair will be the servicing of their taxi fleet; however, the applicant desires to also be open to the general public. In addition to the repair service, the applicant would like to store up to six vehicles on the site related to their taxi operations. All taxis are proposed to be stored within the designated striped parking areas. The site will be accessed by a single point of ingress/egress off of Bells Road. The eight onsite parking spaces exceed the minimum requirement of two spaces that are required for an Automobile Repair Garage of this size. Plant material is proposed along the property s western boundary and along the front of the site between the building and Bells Road. Consistent with both the parcels located to the east and west of the subject site, an eight-foot right-of-way dedication is proposed to ensure all power lines and ditches are located within the public right-of-way. Section 228 of the Zoning Ordinance requires that Bulk Storage Yards be completely enclosed by a fence and Category VI landscaping. The applicant is requesting a deviation to this requirement as the number of vehicles proposed to be stored on the site is low and that the applicant proposes the primary use of the site as an Automobile Repair Garage. Staff supports this deviation request. Page 2

3 1 2 3 Zoning History # Request 1 CUP (Bulk Storage Yard) Approved 04/12/ CUP (Contractor s Storage Yard) Approved 07/08/ CUP (Wireless Communication Facility) Approved 12/11/2001 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Evaluation and Recommendation The subject site is severely restricted on the types of uses permitted given its location in both the greater than 75 noise zone and Accident Potential Zone 2. Automobile Repair Garages and Bulk Storage Yards, such as proposed, are compatible uses under the provisions of Article 18 of the Zoning Ordinance. It is Staff s opinion that the proposed uses are consistent with the Comprehensive Plan s recommendations for Special Economic Growth Area 1 East Oceana (SEGA 1), which calls for low intensity light industrial uses (and limited retail) with significant buffers to shield the surrounding residential neighborhoods from intrusive impacts. As previously stated, the applicant is requesting a deviation to the requirement that a Bulk Storage Yard be enclosed by both a solid six-foot privacy fence and Category VI landscaping. The applicant does propose enhanced landscaping in front of the new building and along the western side of the property. Given that the storage of the six vehicles will be limited to actual striped parking spaces, Staff supports the request to deviate this requirement. Due to the presence of residential dwellings along Bells Road, a condition has been recommended that limits the hours of operation of the Automobile Repair Garage to between 7:00 a.m. and 7:00 p.m., to ensure compatibility with the area in regards to noise and traffic during typical quiet hours. Because of the compatibility of the proposed use with the restrictions on the site and with the recommendations of the Comprehensive Plan, Staff recommends approval subject to the conditions below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, PRELIMINARY PLAN OF AUTO SERVICE FOR NICK SELENAJ, VIRGINIA BEACH VIRGINIA, prepared by LAND DESIGN AND DEVELOPMENT, INC., dated November 21, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Page 3

4 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled, AUTO SERVICE CENTER FOR NICK SELENAJ, BELLS ROAD, VIRGINIA BEACH, VIRGINIA, prepared by REICH DESIGN ASSOCIATES, P.L.C., dated January 23, 2018, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. A landscape plan shall be submitted at the time of site plan review depicting multiple layers of plantings in the areas depicted in the Concept Plan in order to provide a sufficient screen from the right-of-way. Said plant material shall be maintained or replaced if it becomes diseased or dead. 4. As depicted on the Concept Plan, eight feet of the property along the Bells Road shall be dedicated to the City of Virginia Beach. 5. All motor vehicle repair shall take place between the hours of 7:00 a.m. and 7:00 p.m., and only inside of the building. 6. The parking lot shall be striped to reflect all parking spaces required by the City Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 7. No more than six (6) vehicles shall be stored on the site and shall be limited to the striped parking spaces as depicted on the Concept Plan identified in Condition 1 above. No vehicles shall be permitted to be parked or stored in the drive aisles or in any areas not striped as depicted on the Concept Plan identified in Condition 1 above. 8. No vehicles in a state of obvious disrepair shall be stored outside of the building for more than 24 hours. All such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 9. There shall be no outside storage of equipment, parts, or materials. 10. All signage on the site shall comply with the requirements of the City Zoning Ordinance. Any freestanding sign shall be a monument style sign, no taller than eight feet, externally lit and have a brick base. 11. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 12. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixture located on the property shall not be erected any higher than 14 feet. A photometric plan shall be submitted and approved prior to the approval of the site plan. 13. No outside paging or amplified music system shall be permitted. 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 Comprehensive Plan Recommendations This site is designated in the Comprehensive Plan as being located within the Special Economic Growth Area 1 - East Oceana (SEGA 1). Policies for the eastern portion of SEGA 1 recommend low intensity light industrial uses (and limited retail) with significant buffers to shield the surrounding residential neighborhoods from intrusive impacts. Additionally, this site is within Suburban Focus Area 9: Historic Seatack. This area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area, and while primarily a residential community with supporting religious institutions and public facilities, it also includes some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area, AICUZ restrictions, and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article 18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant landscape screening buffers between existing residential areas and new non-residential development, and design stormwater systems to not negatively impact adjacent parcels. Natural and Cultural Resources Impacts This site is located within the Atlantic Ocean watershed. There are no known significant natural or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Bells Road 5,599 ADT 1 6,200 ADT 1 (LOS 4 C ) Existing Land Use 2 17 ADT 9,900 ADT 1 (LOS 4 D ) Proposed Land Use 3-13 ADT 1 Average Daily Trips 2 as defined by 0.22 acres of I-1 zoned property Public Utility Impacts 3 as defined by a three bay automobile repair garage 4 LOS = Level of Service Water This site must connect to City water. There is an existing eight-inch City water main on Bells Road. Sewer This site must connect to City sanitary sewer. There is an existing 12-inch City gravity sanitary sewer main on Bells Road and an existing 42-inch HRSD force main running through an easement along the property line of the adjacent property to the east. Page 5

6 Proposed Site Layout Page 6

7 Proposed Elevations Page 7

8 Site Photos Page 8

9 Disclosure Statement X Page 9

10 Disclosure Statement Edward Selamaj & Besnik Selamaj Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14

15 Disclosure Statement Page 15