22 September 12, 2012 Public Hearing APPLICANT: JAPANESE AUTO MASTERS, INC.

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1 22 September 12, 2012 Public Hearing APPLICANT: JAPANESE AUTO MASTERS, INC. PROPERTY OWNER: JJJ PARTNERSHIP STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning approved by the City Council on January 12, ADDRESS / DESCRIPTION: 3012 Holland Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 1.5 acres AICUZ: Greater than 75 db DNL A Conditional Rezoning for the subject site from AG-2 Agricultural District to I-1 Light Industrial District was approved by the City Council on January 12, This Conditional Zoning specifically prohibits automotive service establishments. The Conditional Rezoning has five proffers. The applicant is requesting a modification to Proffers 1 and 4 of the Conditional Rezoning to allow his automotive repair service as a permitted use on this subject property. The applicant intends to acquire this property, expand the building and relocate their existing business from a property on London Bridge Road where they have operated for many years. The business is not a permitted use at its current location under a Restrictive Covenant acquired by the Department of the Navy in the1980 s. This subject property does not have any Navy Restrictive Easements. The proposed business is a use allowed under the AICUZ guidelines in the greater than 75 db NDL and APZ-2 which applies to this site. Proffer 1 describes an older site plan which does not depict the future expansion. SUMMARY OF REQUEST When the Property is developed, it shall be developed substantially as shown on the exhibit entitled CONDITIONAL REZONING EXHIBIT CFW OFFICE BUILDING PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA, prepared by the TAF Group, which has been exhibited to the Virginia Page 1

2 Beach City Council and is on file with the Virginia Beach Department of Planning (herein Development Plan ). Proffer 4 limits the permitted uses on the subject property: The following uses, currently permitted (P) within the I-1 Light Industrial District shall not be permitted upon the Property: a. Airports, heliports and helistops; b. Automotive service establishments; and c. Heavy equipment sales and service. LAND USE AND PLAN INFORMATION EXISTING LAND USE: office/warehouse building with parking and storage yard in the rear SURROUNDING LAND USE AND ZONING: North: Undeveloped wooded area / AG-1 Agricultural District South: Holland Road Single Family dwellings and vacant grassy site / AG-2 Agricultural District East: Single Family dwellings and vacant grassy site / AG-2 Agricultural District West: City of Virginia Beach / I-1 Light Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is impervious. There are no known significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as Suburban Area - Special Economic Growth Area 3 (SEGA 3) South Oceana. SEGAs are predominantly non-residential areas located adjacent to NAS Oceana and in the Interfacility Traffic Area. SEGAs are viewed as special areas with significant economic value and growth potential, and land uses compatible with military use areas are targeted for these areas. The City supports development and redevelopment of the SEGAs consistent with AICUZ provisions and the City s economic growth strategy. (pp. 3-5 and 3-32) The subject property is located in an area planned for non-residential uses to include a mix of light industrial, low- rise office and limited retail use. No additional residential uses are recommended for any part of this area. All proposed land uses in this area must be consistent with the City s AICUZ provisions and Oceana Land Use Conformity program (p. 3-32). The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design. These design principles are tailored for this area to improve the quality of our physical environment. Plans for commercial uses that adjoin residential uses should employ effective landscape design techniques, including the placement of appropriate plant materials to buffering or screening. Lighting of non-residential buildings should be designed as an integral part of the building s architecture to be as unobtrusive as possible. Lighting especially on the rear of buildings that face residential areas should be designed and placed so that it does not direct or reflect any illumination into residential areas. (p. B-7 to B-13) Page 2

3 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on the two-lane section to the east of Dam Neck Road. According to the Master Transportation Plan Major Street Network Ultimate Rights-of-Way document this section of Holland Road will ultimately have a four-lane typical section in 110 of right-of-way. There is a VDOT-administered CIP project, # Holland Road Phase VI, to construct the four-lane section. This project is in the design stage with advertisement for construction scheduled in February TRAFFIC: Street Name Present Volume Holland Road 16,400 ADT 1 (2012) Present Capacity Generated Traffic 15,000 ADT 1 (Level of Existing Land Use 2 Service D ) Capacity 42 ADT 6 AM & 6 PM 16,200 ADT 1 (Level of Peak Hour Trips Service E ) Proposed Land Use ADT 6 AM & 6 PM Peak Hour Trips 1 Average Daily Trips 2 as defined by 6,000 SF light industrial building 3 as defined by 9,320 SF light industrial building WATER: This site is connected to City water. The existing 1 water meter (city ID# ) can be used or upgraded to accommodate the proposed development. There is a 16 inch City water main in Holland Road. SEWER: This site is connected to the City sanitary sewer force main with a private pump station. An engineering hydraulic analysis of the private pump station and city sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City force main in Holland Road. STORMWATER: Containment should be designed around potential spill areas. Wash down area should be designed to flow to a floor drain which is connected to the City s sanitary sewer system. An oil-separator might be consider necessary between the floor drain and the sanitary sewer system.. FIRE: No comments at this time. A complete review will be done during the DSC process. EVALUATION AND RECOMMENDATION An approved Conditional Zoning to I-1, Light Industrial of this property in 1999 specifically prohibits automotive service establishments. This is assumed in deference to the adjacent residential structures in an agricultural district to the east. The 1998 staff report references the adjacent residences and the importance of buffering them even though landscape buffers were not required between industrial and agricultural uses. This resulted in a proffer to preserve as many trees as reasonable in the 10 side yard setback and to augment that with a Category IV landscape buffer on the eastern property border along all developed areas, the parking lot and stormwater BMP at the front of the site. In addition, the drive aisle was located on the western portion of the site away from the residential. Page 3

4 The increase in intensity generally associated with the conversion of a building contractor s storage yard to automotive repair service establishment may not be appropriate bordering residential dwellings. However, an application has recently been submitted to the Planning Department for a rezoning of the neighboring property to the east to a non-residential use. With the interest of the adjacent property owners to sell their land for a non-residential use, which would be more compatible with the surroundings, staff supports this modification. The applicant s business hours are 7:30 a.m. until 5:00 p.m. Monday through Saturday. The repair of vehicles will be limited to the interior of the building. Any storage of vehicles will be limited to the area behind the fencing and building at the rear of the property. This fencing as well as any outdoor lighting for the storage area is to comply with requirements for auto storage yard. The applicant has indicated that the existing gated entrance to the employee parking and vehicle storage area will be replaced and constructed as a privacy fence 8 feet in height. The applicant has assured us that the storage area behind the building will remain enclosed. The proposed use is consistent with the Comprehensive Plan s land use policies for SEGA 3 South Oceana. The relocation of this non-residential use from London Bridge Road, where Navy restrictive easements encumber the property, to this site is a desirable outcome of the Oceana Land Use Conformity Program. Staff recommends approval of this request with the submitted modified proffers. The proffers are provided below. 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: Proffers numbered 1 and 4 as contained in the 1998 Proffers recorded in the above referenced Clerk s Office in Deed Book 4016, at Page 1486 are hereby deleted and replaced with the following: 1. When the Property is redeveloped it shall be redeveloped substantially as shown on the exhibit entitled CONDITIONAL ZONING PLAN OF 3012 HOLLAND ROAD FOR JAPANESE AUTO MASTERS dated 06/01/12 prepared by John E. Sirine and Associates, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ( Development Plan ). 4. The following uses currently permitted (P) within the I-1 Light Industrial District shall not be permitted upon the Property a. Airports, heliports and helistops; and b. Heavy Equipment sales and service. PROFFER 2: Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 1998 Proffers remain in full force and effect. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the Page 4

5 project. The City Attorney s Office has reviewed the proffer agreement dated June 1, 2012, and found it to be legally sufficient and in acceptable legal form. 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 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

6 AERIAL OF SITE LOCATION Page 6

7 EXISTING SITE PLAN Page 7

8 ZONING HISTORY # DATE REQUEST ACTION 1 03/11/2008 Conditional Change of Zoning ( AG-2 to O-1) Granted 2 10/23/2007 Modification of Conditions Granted 3 02/22/ /22/2005 Conditional Change of Rezoning (AG-2 to B-2) Conditional Use Permit (automobile repair garage) Granted 4 02/12/ /09/ /09/2001 Modification of Conditions Conditional Change of Rezoning (AG-1/AG-2 to I-1) Conditional Use Permit (builders contractor yard) Granted 5 05/28/2002 Conditional Use Permit (animal shelter) Granted 6 07/03/ /03/2001 Change of Rezoning (AG-2 to B-2) Conditional Use Permit (automobile service station & car wash) Granted 7 02/03/1999 Conditional Use Permit (communication tower) Granted 8 01/12/ /12/1999 Change of Rezoning (AG-1/AG-2 to I-1) Conditional Use Permit (builders contractor yard) Granted 9 06/09/1998 Conditional Use Permit (telecommunications antennas) Granted 10 02/14/1995 Conditional Change of Zoning ( O-2 to I-1) Granted Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10