7 August 14, 2013 Public Hearing

Transcription

1 7 August 14, 2013 Public Hearing APPLICANT & OWNER: STAFF PLANNER: Stephen J. White REQUEST: Conditional Use Permit (motor vehicle sales) ADDRESS / DESCRIPTION: 4717 Hollis Road / 4740 Shore Drive GPIN: ELECTION DISTRICT: BAYSIDE SITE SIZE: 24,802 square feet AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow development of the site for the display of motor vehicles for sale. The applicant operates a motor vehicle sales establishment on the parcel to the east. On February 25, 2003, the applicant was granted a Conditional Use Permit for the expansion of the applicant s motor vehicle sales establishment to the subject parcel. The proposed expansion consisted of the development of the subject site as a motor vehicle sales display area. During the construction in 2002 of the Walgreen s store located to the west, the parcel was used as a construction staging and laydown area for Walgreen s. Upon completion of the store, the site was graded and gravel was installed. The applicant began using the area for the display of motor vehicles shortly thereafter, as documented by staff s photographs of the site for use at the public hearing of the 2003 Use Permit (provided on page 9). Upon being notified that use of the site for vehicle display was a violation of the Zoning Ordinance, the applicant applied for the Use Permit that was granted in The conditions of that Use Permit are as follows: 1. The property line between this parcel, Parcel B, and the parcel directly to the east, Lot 3, shall be vacated. Page 1

2 2. There shall be no access from Hollis Road. 3. Category IV Screening shall be installed along the property line along Hollis Road. 4. Vehicles shall not be used as a barricade to prevent ingress and egress on to the site. The applicant shall provide a security plan that details the method of entry to the site that is acceptable to the Fire Department. 5. No outside paging system, loudspeakers, and / or music shall be permitted on the site. 6. No additional freestanding signs are permitted. 7. There shall be no more than 42 vehicles displayed for sale on the site. The vehicles shall be parked in the area designated as "Vehicle Display Area," as depicted on the submitted Conditional Use Permit Site Plan prepared by John E. Sirine and Associates, dated November 11, 2002, except that there shall be no vehicles displayed for sale in the area between Shore Drive and the variable width access easement to the Walgreen s site to the west. This area may be used for employee parking only. 8. No vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on vehicle platforms at any time. The applicant did not proceed with the development of the sales display area consistent with the Use Permit; however, the applicant did, at various times, continue to use the parcel for the display of vehicles for sale. Thus, the applicant has continued to be in violation of the Zoning Ordinance since display of motor vehicles for sale on the subject parcel has continued. The applicant has been notified at various times of the violations, and a cycle of violation, discussion/notification, and compliance; violation, discussion/notification, and compliance has occurred since the 2003 Use Permit. On February 25, 2013, the Zoning Office sent the property owner, who is also the applicant, a letter notifying the applicant of the violation of the Use Permit, and by extension, the Zoning Ordinance, and providing the applicant with 30 days to comply. After additional discussion with the applicant, there was no evidence that any action had been taken by the applicant to develop the site as proposed and conditioned with the February 25, 2003 Use Permit. Since no action to comply with conditions attached to the 2003 Conditional Use Permit occurred within time limits established by applicable provisions of the Virginia Code, the 2003 Use Permit is void. Accordingly, the applicant is now requesting a new Use Permit. Site Layout: The submitted site plan (the same as the plan submitted for the 2003 Use Permit) depicts four distinct areas designated for vehicle display. Those four areas total 10,011 square feet. The plan depicts the use of an underground stormwater management facility. While there is a stormwater management facility associated with the Walgreen s immediately to the west, the stormwater management facility was not designed to accommodate any additional runoff. There is a private variable-width access easement across the front of the site that provides ingress and egress to the parcel where the Walgreen s store is located. The submitted plan proposes a vehicle display area between the access easement and Shore Drive. Staff finds, however, that the placement of a display area in that location will present a traffic conflict for vehicles attempting to access the subject site and site of the Walgreen s. The prohibition of the use of this area for vehicle display is recommended by staff. Such a condition is provided in the Evaluation and Recommendation section of this report. Screening and Landscaping: The submitted site plan indicates the planting of a variety of shrubs as well as small and large trees. The landscape areas are primarily located along the northern (Hollis Road) side of the display lot and along the southern side of the display lot, adjacent to the access easement. The Page 2

3 plan also shows landscape planting along the Shore Drive frontage. The proposed plants are the types of species that are recommended for the Shore Drive Corridor. The design and plant type of the proposed street frontage landscaping is a continuation of that utilized for the Walgreen s development. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The site is undeveloped, but has been occasionally used by the applicant for the display of cars and trucks for sale. SURROUNDING LAND USE AND ZONING: North: Hollis Road Single-family and multifamily dwellings / R-5R Resort Residential District (Shore Drive Overlay) South: Shore Drive East: Motor Vehicle Sales / B-2 Community Business District (Shore Drive Overlay) West: Walgreens Pharmacy Store / B-2 Community Business District (Shore Drive Overlay) NATURAL RESOURCE AND CULTURAL FEATURES: The site is a mix of gravel and groundcover. There are no known significant natural resources or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Suburban Focus Area (SFA) 1 - Shore Drive Corridor (Policy Document, p. 3-8). Suburban Focus Areas are intended to provide special land use guidance for portions of the Suburban Area, such as those where revitalization could enhance the area or those with specific land use issues. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park. The Comprehensive Plan designates the Shore Drive Corridor as a SFA for three principal reasons: 1. It is an area that is unique due to its natural environment, which is directly tied to the proximity of the Chesapeake Bay and Lynnhaven River; 2. The passive and active recreational amenities provided by the natural environment of the area as well as other recreation and entertainment development that is based on the natural environment; and 3. The need for additional land use guidance beyond that provided by the Comprehensive Plan for the Suburban Area. The wealth and uniqueness of these amenities have attracted a wide variety of residential development types, ranging from well-established neighborhoods to newer highdensity development, making this SFA the most densely populated area of the city. As a result, it is an area comprised of residential communities, resort-oriented uses, and commercial uses that support both the neighborhoods and the resort-oriented uses. Planning policies that apply to the Shore Drive Corridor SFA are to preserve and protect the character of the established neighborhoods, improve land use compatibilities and avoid over commercialization, insure that resort-based uses complement rather than dominate, encourage reuse/revitalization of existing commercial properties, promote safe interconnectivity of pedestrians, achieve the lowest reasonable density for future residential uses, and encourage corridor beautification. Page 3

4 The Shore Drive Corridor Plan (SDCP) was originally adopted by the City Council in 2000, and has been a component of the Comprehensive Plan since then, as it has been adopted by reference with each update of the Comprehensive Plan. The principal goal of the SDCP is to protect, restore, and enhance the Shore Drive Corridor to reflect the area s unique character as a residential community, and to establish a functional and attractive scenic gateway to the Oceanfront Resort Area (SDCP, p. 15). The Shore Drive Corridor Guidelines (2002), which were prepared as a complement to the Shore Drive Corridor Plan (2000), identifies this area to be within the Gateway Zone of the Corridor. This zone is located on both sides of the interchange at Shore Drive and Northampton Boulevard, generally from Lake Joyce on the east to Bradford Lake on the west. This area is primarily recommended for retail, service, and office uses compatible with the needs of the surrounding neighborhoods (p.14). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / ROADWAY CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Drive at this application is a four-lane divided major urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at Level of Service (LOS) D. There is a Roadway Capital Improvement Program project for this area that is currently listed on the Requested But Not Funded Project Listing. Shore Drive Corridor Improvements Phase II (CIP 2-116) will provide safety improvements, including pedestrian multi-use paths along the Shore Drive Corridor from South Oliver Drive and Waterspoint Place intersection (800 feet west of Pleasure House Road) to Treasure Island Drive (900 feet west of First Court Road and Baylake Road intersection). The project will also include improvements along Shore Drive at the Northampton Boulevard interchange as well as at the intersections of Shore Drive with Pleasure House Road and Greenwell Road. For the purpose of calculating the trips generated by the proposed use, it is combined with the 2,400 square foot motor vehicle sales establishment associated with the proposed display area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shore Drive 20,934 ADT 1 17,300 ADT 1 (Level of Service C ) 27,300 ADT 1 (Level of Service D ) / capacity 31,700 ADT 1 (Level of Service E ) Existing Land Use 2 0 ADT Proposed Land Use 3 80 ADT (5 morning peak / 6 evening peak) 1 Average Daily Trips 2 as defined by undeveloped lot 3 as defined by display area associated with a 2,400 SF motor vehicle sales office WATER AND SEWER: Connection to public water and sewer is not required for the proposed use of motor vehicle sales display area. Page 4

5 EVALUATION AND RECOMMENDATION There are two areas of concern regarding the applicant s Use Permit request for a motor vehicle sales display area. First, and primary to staff s evaluation, the proposal is not consistent with the recommendations of the Shore Drive Corridor Plan (SDCP). The SDCP was adopted by the City Council in 2000 as a response to issues pertaining to the land use pattern generated by development within the corridor during the previous two decades. The development activity led to the area being the most densely populated in the city, changing the character of the area and undermining the unique resources and amenities of the area that originally fueled the development and growth. The plan s goal is to protect, restore, and enhance the area in a way that reflects the area s unique character as a residential community while also establishing a functional and attractive scenic gateway to the Oceanfront Resort (SDCP, p. 15). To accomplish this goal, the SDCP provides several major initiatives (p. 3). One of those, and the one of importance to this Use Permit request, is the creation of a sense of arrival at key gateways to the Shore Drive Corridor. Second, based on the observation and inspections of the site since 2003 by various Zoning Inspectors, including their discussions with the applicant and applicant s representatives during that same period, staff is concerned about whether the site will be developed as proposed in a timely manner for its use as a vehicle display area. Should the application be approved, past history indicates that there is a potential for the continuation of vehicle display without site improvements. Staff, weighing these two areas of concern against the current zoning and land use characteristics of the area, cannot support this Use Permit request, and recommends the request be denied. Page 5

6 AERIAL OF SITE LOCATION Page 6

7 PLANNING DEPARTMENT PHOTOGRAPH, DECEMBER, 2002 SUBJECT SITE APPROVED FOR DISPLAY OF MOTOR VEHICLES FOR SALE (BY USE PERMIT GRANTED ON 2/25/2003) APPLICANT S EXISTING MOTOR VEHICLE SALES ESTABLISHMENT PHOTOGRAPH OF SITE CONDITIONS (December 2002 [TOP] and September 2011 [BOTTOM]) Page 7

8 (SEE NEXT PAGE FOR DETAILS OF DISPLAY AREA) PROPOSED SITE PLAN Page 8

9 North PROPOSED SITE PLAN Page 9

10 August 2011 JUNE 2013 PHOTOGRAPHS OF SITE ADJACENT TO HOLLIS ROAD Page 10

11 ZONING HISTORY # DATE REQUEST ACTION 1 05/09/1988 Use Permit (Motor Vehicle Sales and Service) Approved 2 03/14/2000 Use Permit (Fuel Sales with Convenience Store) Approved 3 11/09/2004 Conditional Change of Zoning (R-5R to A-24) Approved 4 03/22/2011 Use Permit (Fuel Sales) Approved Page 11

12 JBA Two, LLC (Alex Jones Sole Member) DISCLOSURE STATEMENT Page 12

13 John E. Sirine & Associates GPC (Billy Garrington, Governmental Permitting Consultants) DISCLOSURE STATEMENT Page 13