SUBJECT: CUP ; Conditional Use Permit - Telegraph Road Vehicle Sales / Storage

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1 2 Board of Supervisors Robert Bob Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings August 24, 2016 Anthony J. Romanello, ICMA CM County Administrator MEMORANDUM TO: FROM: Stafford County Planning Commission J SUBJECT: CUP ; Conditional Use Permit - Telegraph Road Vehicle Sales / Storage ATTACHMENTS: 1. Impact Statement 2. Proposed Resolutions 3. Generalized Development Plan 4. Application and Related Materials Staff Project Manager: Michael J. Zuraf, AICP ISSUE: The Planning Commission is to consider a request for a Conditional Use Permit to allow motor vehicle sales in the B-2, Urban Commercial, Zoning District on Tax Map Parcel No BACKGROUND: Location: Election District: Applicant/Property Owner: Agent: Current Use: On the west side of Jefferson Davis Highway, approximately 200 feet south of Telegraph Road Griffis-Widewater Martha Kim Telegraph Property, LLC 3845 Jefferson Davis Highway Stafford, VA B. Young Kim Greenwich Architects, LLC Undeveloped 1300 Courthouse Road, P. O. Box 339, Stafford, VA Phone: (540) Fax: (540)

2 Memorandum to: Stafford County Planning Commission August 24, 2016 Page 2 of 10 Proposed Use: Motor Vehicle Sales/Storage Location Map Application Date: February 5, 2016 (complete application June 1, 2016) Advertisement Dates: August 9, 2016 and August 16, 2016 Time Limit: December 2, 2016 Property Size: Comprehensive Plan: 4.24 acres Boswell s Corner Planning Area (Future Land Use Map)

3 Memorandum to: Stafford County Planning Commission August 24, 2016 Page 3 of 10 Planning Area Land Use Concept Map Zoning Classification: B-2, Urban Commercial & R-1, Suburban Residential

4 Memorandum to: Stafford County Planning Commission August 24, 2016 Page 4 of 10 Abutting Properties: Location Zoning Existing Use Comprehensive Plan North R-1, Suburban Residential B-2, Urban Commercial Single Family Residential Commercial Retail Boswell s Corner Planning Area - Business and Industry / Commercial South East R-1, Suburban Residential B-1, Convenience Comm. B-1, Convenience Comm. R-4, West R-2, Urban Residential Medium Density; R-1, Suburban Residential Vacant Motel Auto Repair & Towing; Restaurant; Mobile Home Park Townhouse Residential Single Family Residential Corridor Boswell s Corner Planning Area - Business and Industry / Commercial Corridor Boswell s Corner Planning Area - Commercial Corridor Boswell s Corner Planning Area - Business and Industry Utilities: Transportation: Schools: Parks and Recreation: Noise Impacts: Light Impacts: The property is located within the Urban Services Area which is served by the public water and sewer system. Surrounding the site are several water lines, including a 10-inch diameter line along Jefferson Davis Highway, a 6-inch diameter line along Telegraph Road, and a 12-inch diameter line along an unimproved street right-of-way on the southern property line. An 8-inch diameter sewer line runs along Jefferson Davis Highway and the unimproved road right-ofway. Jefferson Davis Highway is a four-lane undivided facility with a posted speed limit of 45 miles per hour and estimated traffic volume of 20,000 vehicle trips per day according to Virginia Department of Transportation (VDOT) 2015 Daily Traffic Volume Estimates. Telegraph Road is a two-lane undivided facility with a posted speed limit of 35 miles per hour and estimated traffic volume of 3,400 vehicle trips per day according to Virginia Department of Transportation (VDOT) 2015 Daily Traffic Volume Estimates. No impact to County School facilities. No impact to County Park facilities. External impacts from noise should not be greater than a use permitted by-right in the B-2 Zoning District. The number of vehicle trips to and from the site is minimal, for occasional delivery and retrieval of vehicles. The storage areas on the site do not include any lighting, thereby limiting impacts on adjacent uses. Furthermore, required buffers from residential uses should minimize any impacts.

5 Memorandum to: Stafford County Planning Commission August 24, 2016 Page 5 of 10 COMMENTS: Summary The applicant is requesting a Conditional Use Permit (CUP) to allow motor vehicle sales in the B-2, Urban Commercial Zoning District. The use is presently occurring on the site. Regarding details of the use, the site is serving as an overflow vehicle storage lot for Leckner Nissan, located at Hills of Aquia, along Jefferson Davis Highway, approximately 3 miles south of the site. Vehicles are stored on this site until they are placed on display at the dealership or want to be viewed by a customer. Although no actual selling of the vehicles will occur on the site, the fact that the vehicles being stored are for sale requires the motor vehicle sales use classification. Notice of zoning violation was first sent in September of The means for remedying the violation will be to obtain the CUP approval. Currently, the use has been allowed to continue since the CUP approval is being pursued. Should the CUP not be granted, the vehicles will need to be removed from the property. Existing Conditions The subject property is located on the west side of Jefferson Davis Highway and has access off of Telegraph Road. The site includes a coffee shop at the frontage of the site along Jefferson Davis Highway. The motor vehicle sales / storage yard is located and proposed to remain to the rear of the site. Past uses include a water slide amusement park (approximately 40 years ago) taking advantage of the sloping site conditions, a truck and equipment rental facility (30 years ago), and the site had been vacant until the recent vehicle sales/storage use (visible on the aerial photo below). The frontage of the site on Jefferson Davis Highway is the lowest area of the property, where a perennial stream is located and runs parallel to Jefferson Davis Highway. The area to the east of the stream includes 100-year floodplain and floodway. A 100-foot buffer also is present along each side of the stream. A portion of the stream is piped and the amount of natural buffer area is limited. The site was developed prior to the Chesapeake Bay Act and CRPA designation of the stream. A level cleared area at a slightly higher elevation exists immediately to the west of the stream where some of the vehicles are stored. The site slopes upward to the western end of the parcel, where a level plateau is located. The southwest corner is an open area which serves as the second storage area. Approximately half of the site includes tree cover. Other commercial uses are adjacent to the site along Jefferson Davis Highway and residential dwellings are located to the north and west.

6 Memorandum to: Stafford County Planning Commission August 24, 2016 Page 6 of 10 Generalized Development Plan Site - Aerial View The applicant submitted a generalized development plan (GDP) that illustrates the motor vehicle sales / storage areas. The two existing storage areas are identified in the eastern/lower end and western/high end of the site. In addition, a potential expansion area in the northwestern corner of the property is shaded in gray. A portion of the lower storage area is in the CRPA buffer that had previously been cleared, but outside of the floodplain. The site layout plan identifies the coffee shop and associated parking along Jefferson Davis Highway. The storage area, located to the west of the coffee shop, will be screened from view with an opaque fence. To ensure year-round screening from Jefferson Davis Highway, a condition will require expansion of the fence. Access to the site is proposed via two gated entrances. The eastern/lower area can be accessed via Jefferson Davis Highway and the western/high side via Telegraph Road. A single lane driveway connects the lower area to the upper area. Fire Marshal staff notes that this driveway is not wide enough and is too steep for its equipment to traverse. Thus a condition is recommended that the two access points are maintained. As an additional measure to ensure emergency access, the GDP identifies and a condition of the CUP requires, additional travelways to provide emergency access through the site, and avoid stored vehicles from blocking access. According to the Impact Statement, due to the limited scope of this use, the site anticipated to generate 5 vehicles per day, equivalent to 10 vehicle trips per day.

7 Memorandum to: Stafford County Planning Commission August 24, 2016 Page 7 of 10 Generalized Development Plan Proposed Conditions Staff is recommending the following conditions to limit the intensity of the use to ensure it remains as storage of vehicles for sale at off-site locations, limit other activities associated with a fully operational vehicle sales use, minimize the types of vehicles stored, and limit impacts to adjacent properties, with setback and delivery hour limitations: 1. The use of the property shall be for motor vehicle sales. It shall be limited to the storage of motor vehicles to be sold and delivered to an off-site location(s). 2. No customers shall be permitted on the property. 3. There shall be no storage of inoperable vehicles or motor vehicle parts. 4. There shall be no storage of tractors, trailers or box trucks. 5. There shall be no servicing of vehicles on-site. 6. There shall be no dispensing of fuel on-site. 7. There shall be no pick-up or delivery of vehicles between 9:00 PM and 7:00 AM.

8 Memorandum to: Stafford County Planning Commission August 24, 2016 Page 8 of There shall be no flags, banners, or attention attracting devices used on-site. 9. No permanent buildings or structures shall be located within one hundred (100) feet of the common property line with Tax Map Parcel No. 12A-1-A and Tax Map Parcel No Outdoor storage of vehicles shall be screened from public view of Telegraph Road, Jefferson Davis Highway and residential uses. The applicant shall install additional privacy fence, as depicted on the GDP, within 90 days of approval of the Conditional Use Permit. 11. Two points of emergency vehicle access into the property shall be maintained at all times. 12. The existing tree-line shall be maintained except for the proposed future vehicle storage area as depicted on the Generalized Development Plan, Telegraph Vehicle Sale/Storage, dated January 29, 2016, last revised June 1, An on-site office space shall be established and maintained for use of the property pursuant to this permit. 14. This Conditional Use Permit shall expire within two (2) years unless a certificate of occupancy has been issued for the use on the property. 15. This Conditional Use Permit may be revoked by the Board of Supervisors for violation of these conditions or any applicable federal, state, or local laws. Comprehensive Plan The Comprehensive Plan identifies this site as being within the Boswell s Corner Planning Area. This Planning Area includes a conceptual land use plan, which recommends the site for business an industrial future land use. The Boswell s Corner Redevelopment Area Plan (RDA Plan) that applies to this area as well includes a higher level of detail. The RDA Plan envisions office and commercial retail development with a grid pattern network of streets. The proposal is not consistent with the goals of the Redevelopment Plan. The development scenario envisioned in the RDA Plan has not progressed as quickly as hoped. Development of this site in a manner consistent with the RDA Plan would require the full scale redevelopment of the surrounding area. Staff sees the vehicle sales / storage as an interim use. Since no new structures are being proposed, there will be greater opportunity for redevelopment. The Land Use Plan also addresses motor vehicle sales uses, recommending they be located along Jefferson Davis Highway in the vicinity of Garrisonville Road and south of Ramoth Church Road. Staff notes the specific proposal does not meet the same characteristics of a typical motor vehicle sales facility, and would not create the same type of impacts that warrant this recommendation. EVALUATION CRITERIA: Section of the Zoning Ordinance lists six (6) criteria to be considered at each public hearing for a conditional use permit. A summary of each criteria are as follows:

9 Memorandum to: Stafford County Planning Commission August 24, 2016 Page 9 of The use shall not change the character and established pattern of development in the vicinity of the proposed use - The proposed use does not change the character of the established pattern of development. The area of vehicle storage is internal to the site. Conditions intend to limit the impact of the use on adjacent properties. 2. The use shall be in harmony with uses permitted by-right under a zoning permit in the land use district and shall not adversely affect the use of adjacent properties - The proposed use is in harmony with the permitted by-right uses in the B-2 Zoning District and would not adversely affect the use of adjacent properties as conditions would minimize potential for impacts. 3. The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof - The proposed use will not hinder or discourage appropriate development or impair the value of the land and buildings on adjacent properties. There are no new buildings proposed. Screening, setback, and use conditions would minimize impacts to surrounding properties. 4. The use shall not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use - The proposed use will not adversely affect the health and safety of persons in the surrounding area. Access to the storage area is gated and conditions will insure fire and rescue access within the site. 5. The use shall not be detrimental to the public welfare or injurious to property or improvements in the neighborhood - The proposed use is not detrimental to public welfare or property values in the vicinity. 6. The use shall be in accord with the purposes and intent of this chapter and the comprehensive plan of the county - Although the proposed use is not in accordance with the Planning Area land use recommendations in the Comprehensive Plan, the use is viewed as an interim use that does not diminish opportunities for future redevelopment of the site. SUMMARY OF POSITIVE AND NEGATIVE FEATURES: POSITIVE: 1. Conditions limit the intensity and external impacts from the proposed use; 2. Allows for interim use of site without limiting future redevelopment opportunities; 3. There are no impacts to public facilities; and 4. There are no public safety and welfare concerns. NEGATIVE: 1. The proposal is not in conformance with the Boswell s Corner Redevelopment Planning Area Land Use Recommendations in the Comprehensive Plan. 2. Use would be partially located within sensitive resource areas.

10 Memorandum to: Stafford County Planning Commission August 24, 2016 Page 10 of 10 RECOMMENDATION: Pursuant to Section , staff recommends approval of the application for CUP , with the addition of the conditions proposed by staff. Although the proposal is not consistent with the specific land use recommendations, on balance the proposal is in accordance with the purpose and intent of the Comprehensive Plan and conditions minimize the intensity and impacts of the proposed use. JAH:mz

11 Attachment 1 Page 1 of 1

12 Attachment 2 Page 1 of 4 R PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of, 2016: MEMBERS: VOTE: Robert Bob Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP TO ALLOW MOTOR VEHICLE SALES IN THE B-2, URBAN COMMERCIAL ZONING DISTRICT, ON TAX MAP PARCEL NO. 12-8, WITHIN THE GRIFFIS-WIDEWATER ELECTION DISTRICT WHEREAS, Telegraph Property, LLC, applicant, submitted Application CUP requesting a conditional use permit (CUP) to allow motor vehicle sales in a B-2, Urban Commercial Zoning District, on Tax Map Parcel No. 12-8, located within the Griffis-Widewater Election District; and WHEREAS, the application was submitted pursuant to Stafford County Code, Section 28-35, Table 3.1, which permits this use in a B-2, Urban Commercial Zoning District, after a CUP is issued by the Board; and WHEREAS, the Board carefully considered the recommendations of the Planning Commission and staff, and the public testimony, if any, received at the public hearing; and WHEREAS, the Board has considered the criteria in Stafford County Code Sec and finds that the request does meet the standards of the Zoning Ordinance for issuance of a CUP;

13 Attachment 2 Page 2 of 4 R Page 2 NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the day of, 2016, that a CUP pursuant to application CUP be and it hereby is approved with the following conditions: 1. The use of the property shall be for motor vehicle sales. It shall be limited to the storage of motor vehicles to be sold and delivered to an off-site location(s). 2. No customers shall be permitted on the property. 3. There shall be no storage of inoperable vehicles or motor vehicle parts. 4. There shall be no storage of tractors, trailers or box trucks. 5. There shall be no servicing of vehicles on-site. 6. There shall be no dispensing of fuel on-site. 7. There shall be no pick-up or delivery of vehicles between 9:00 PM and 7:00 AM. 8. There shall be no flags, banners or attention attracting devices used on-site. 9. No permanent buildings or structures shall be located within one hundred (100) feet of the common property line with Tax Map Parcel No. 12A-1-A and Tax Map Parcel No Outdoor storage of vehicles shall be screened from public view of Telegraph Road, Jefferson Davis Highway and residential uses. The applicant shall install additional privacy fence, as depicted on the GDP, within 90 days of approval of the Conditional Use Permit. 11. Two points of emergency vehicle access into the property shall be maintained at all times. 12. The existing tree-line shall be maintained except for the proposed future vehicle storage area as depicted on the Generalized Development Plan, Telegraph Vehicle Sale/Storage, dated January 29, 2016, last revised June 1, An on-site office space shall be established and maintained for use of the property pursuant to this permit. 14. This Conditional Use Permit shall expire within two (2) years unless a certificate of occupancy has been issued for the use on the property. 15. This Conditional Use Permit may be revoked by the Board of Supervisors for violation of these conditions or any applicable federal, state or local laws. DB:JAH:mz

14 Attachment 2 Page 3 of 4 R PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of, 2016: MEMBERS: VOTE: Robert Bob Thomas, Jr., Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Wendy E. Maurer Paul V. Milde, III Gary F. Snellings On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION TO DENY A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP TO ALLOW MOTOR VEHICLE SALES IN THE B-2, URBAN COMMERCIAL ZONING DISTRICT, ON TAX MAP PARCEL NO. 12-8, WITHIN THE GRIFFIS-WIDEWATER ELECTION DISTRICT WHEREAS, Telegraph Property, LLC, applicant, submitted Application CUP requesting a conditional use permit (CUP) to allow motor vehicle sales in a B-2, Urban Commercial Zoning District, on Tax Map Parcel No. 12-8, located within the Griffis-Widewater Election District; and WHEREAS, the application was submitted pursuant to Stafford County Code Section 28-35, Table 3.1, which permits this use in a B-2, Urban Commercial Zoning District, after a CUP is issued by the Board; and WHEREAS, the Board carefully considered the recommendations of the Planning Commission and staff, and the public testimony, if any, received at the public hearing; WHEREAS, the Board has considered the criteria in Stafford County Code Sec and finds that the request does not meet the standards of the Zoning Ordinance for issuance of a CUP; and

15 Attachment 2 Page 4 of 4 R Page 2 NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the day of, 2016, that a CUP pursuant to application CUP be and it hereby is denied. DB:JAH:mz

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