North side of Garrisonville Road, approximately 275 feet east of Center Street

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1 2 Board of Supervisors Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert Bob Thomas, Jr. December 9, 2015 Anthony J. Romanello, ICMA CM County Administrator MEMORANDUM TO: FROM: Stafford County Planning Commission J SUBJECT: CUP ; Conditional Use Permit - Mabudian Minor Revision ATTACHMENTS: 1. Location Map 2. Application and Related Materials 3. Generalized Development Plan 5. VDOT Project Plan Sheets 6. Resolution R Ordinance O Proposed Resolutions ISSUE: The Planning Commission is to consider a request to amend existing conditions, pursuant to Resolution R (Attachment 4), dated October 7, 2003, on Tax Map Parcel No The amendment proposes to remove a condition which limits display of vehicles for sale to indoor only, and amend associated conditions. BACKGROUND: Location: Election District: Agent: Applicant/Property Owner: North side of Garrisonville Road, approximately 275 feet east of Center Street Griffis-Widewater H. Clark Leming 233 Garrisonville Road, Suite 204 Stafford, VA Mehrdad Mabudian Shady Hill Lane Oak Hill, VA Courthouse Road, P. O. Box 339, Stafford, VA Phone: (540) Fax: (540)

2 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 2 of 8 Current Use: Single-family residential Application Date: November 2, 2015 Advertisement Dates: November 24, 2015 and December 1, 2015 Time Limit: March 7, 2016 Staff Project Manager: Kathy Baker Tax Map Parcel No.: Area: Comprehensive Plan: Zoning Classification: 1.07 acres Commercial Corridor within the Suburban Future Land Use B-2, Urban Commercial Zoning District Future Land Use Zoning Abutting Properties: Location Zoning Existing Use Comprehensive Plan North B-2, Urban Commercial Medical Office Suburban South R-1, Suburban Residential Residential Suburban East B-2, Urban Commercial Commercial Suburban West B-2, Urban Commercial Office Suburban Existing Conditions The 1.07-acre subject property is located at 458 Garrisonville Road, east of Center Street. A residential dwelling exists near the front of the property, with driveway access to Garrisonville Road. The property is generally open, with a few deciduous trees along the eastern boundary line. The elevation increases to the west.

3 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 3 of 8 COMMENTS: Site - Aerial View The applicant is requesting a minor amendment to the current conditions, concurrently with a minor amendment to the existing proffers (application RC ), to allow for the outdoor display of vehicles. The proposed use of the property is vehicle sales. Zoning History A reclassification from the R-1, Suburban Residential Zoning District to the B-2, Urban Commercial Zoning District was approved, with proffers, on October 7, 2003, pursuant to Ordinance O03-59 (Attachment 3). The proffers dictate how the property would be developed as medium intensity commercial uses and/or motor vehicle sales. A Conditional Use Permit (CUP) was approved at the same time to allow motor vehicle sales (Attachment 4). The property was included in the Highway Corridor Overlay District (HCOD) in The HCOD was created for the prevention or reduction of traffic congestion, and distracting visual clutter which may result in danger on the public and private streets. Development standards in the HCOD require that access and internal circulation be designed so as not to impede traffic on a public street, including provisions for shared entrances, interparcel connection and travelways, or on-site service drives connecting adjacent properties, as opposed to the corridor highway. In addition, pedestrian circulation shall be provided for and coordinated with that generated from or using adjacent properties.

4 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 4 of 8 The HCOD standards also specify that where parking is designed to be located in the front yard setback of the corridor highway, a berm shall be utilized within a designated street buffer. Where no berm is proposed within a designated street buffer, whenever possible, parking areas shall be located to the rear or side of the structure(s) or building(s) they are intended to serve. Generalized Development Plan The Generalized Development Plan (GDP), (Attachment 5), dated March, 2003, was approved with the original reclassification application. It identifies the location of a proposed 12,800 square foot, two-story building. Parking is shown in the front and the rear of the building. The 2003 proposal specified that in the event any used vehicle is sold at the premises, the display would be from the inside of the building. The applicant has indicated that the size of the building may be reduced to one-story, and half the square footage. The GDP shows a single entrance to the site from Garrisonville Road, with potential interparcel access to the east and west. There are no proposed changes to the GDP with this application. Generalized Development Plan

5 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 5 of 8 Application Details The proposed revisions to the existing permit conditions are summarized as follows: Add clarification to condition # 2 that minor service detailing and vacuuming of motor vehicles may take place inside of the building. Amend condition #4 restricting outdoor display of vehicles to state that outdoor display of vehicles shall be located in designated parking areas exclusive of required customer and employee parking Amend condition #7 to require sprinkler systems for fire suppression only on buildings exceeding one story or 6,000 square feet. Add a condition to require loading/unloading of vehicles on-site to be within a designated loading area, and that drive aisles and turning radii will meet requirements to support transport vehicles Staff notes that this application was submitted as a minor CUP amendment, in conjunction with the companion minor proffer amendment application. To qualify for a minor CUP amendment, the following applies: No more than two permit conditions can be changed at the time of request; Changes do not materially affect site layout; and Changes do not affect intensity, use or functionality of the site. As originally submitted, the applicant only proposed the deletion of Condition #4, in accordance with the same proposed revision to the proffers. Upon review of the application, staff recommended revising condition #4 to mitigate potential impacts based on display of the outdoor vehicles. In addition, staff recommended a new condition #9 to ensure sufficient loading areas were provided. The applicant then requested two additional clarifications to the conditions. The clarification shown in condition #2 matches the existing proffer in the companion reclassification. The clarification in condition #7 is based on the proposed reduction in size of the building. The sprinklers for fire suppression were initially recommended since the building was two-story. The Fire Marshal has indicated that if constructed as a one-story building, the requirement for sprinklers is not critical. Staff believes the intent of the minor amendment is still being met, even with the additional conditions. EVALUATION: Use and Layout The proposed use of the property is not changing from the original use proposed. However, the potential layout will likely change due to the location of vehicles for sale outside the proposed building. The current GDP shows customer and employee parking, based on the parking tabulation. A new parking tabulation will be required upon submission of a site plan for the property. The parking layout will be required to show customer and employee parking at three spaces per 1,000 square feet of building floor area, as well as designated parking for display of vehicles for sale. Vehicles sales lots shall contain a minimum of 120 square feet of parking area per vehicle displayed on site, and each parking space must have direct and unrestricted access to an aisle. Standard parking lot setbacks and landscaping requirements for HCOD will apply.

6 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 6 of 8 The applicant has indicated that access will be provided through a single entrance off of Garrisonville Road. There are limitations on interparcel access to the adjacent parcels. To the east is a stormwater management area and retaining wall along the access road that serves other commercial uses. The property to the west sits at a higher elevation, and has a landscaped buffer along the common property line. A potential access to the rear of the property has been constructed by the adjacent property owner, which the applicant should pursue connection. Transportation The subject property is within the limits of a County road construction project for Garrisonville Road. This is a Public-Private Transportation Act (PPTA) and a 2008 Transportation Bond Referendum project, which will widen approximately one mile of Garrisonville Road between Onville Road and Eustace Road from a four-lane, undivided roadway, to a six-lane divided roadway. The subject property is within the limits of the construction project. The applicant has proffered 15 feet of right-of-way dedication to accommodate the project in the companion reclassification application. Pursuant to HCOD regulations, sidewalk will be required along the frontage of the site, providing connection to existing sidewalk to the east and west along Garrisonville Road. Sidewalk will be connected with the road widening project. Comprehensive Plan The Comprehensive Plan identifies the property within a recommended Commercial Corridor and within the Suburban Area land use designation. Commercial Corridors are intended to encourage commercial activities where there are adequate transportation facilities to accommodate proposed uses. Suburban Areas of the County are areas where suburban scale of development is most appropriate. Suburban scale of development is considered single-family detached dwelling units, typically on ¼ to ½ acre lots, which may include community amenities and are buffered from any adjacent commercial development. These areas are intended to serve as infill development in the proximity of the established communities in the northern and southern areas of the County and in close proximity to major existing or planned transportation networks. Development densities should not exceed three dwelling units per acre for residential development and a floor area ratio (FAR) of 0.4 for non-residential development. The proposed use within the B-2 Zoning District is consistent with the recommended future land use. The proposed use within the B-2 Zoning District is consistent with the recommended future land use. Exclusive of the future land use designation, the Comprehensive Plan dictates the location of vehicles sales. It states that vehicle sales are highway-oriented businesses and should be limited to major arterials, at or near major intersections. In the Suburban Area designation, new and used vehicle sales, including automobiles and boats, should be limited to the area along Jefferson Davis Highway near the intersection with Ramoth Church Road; and near the intersection with Garrisonville Road. While this property is not in an area recommended for vehicle sales, the use for vehicles sales was previously approved in The Comprehensive Plan did not recommend this area for vehicle sales in This application will not change the permitted used on the property. It will change where and how some of the activities related to the permitted motor vehicle sales will occur.

7 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 7 of 8 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 criterion is as follows: 1. The use shall not change the character and established pattern of development in the vicinity of the proposed use - The established pattern of development along Garrisonville Road is primarily commercial and office development. 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 will not likely impact the adjacent uses. 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. 4. The use shall not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use - The proposal does not present any health, safety or general welfare concerns. 5. The use shall not be detrimental to the public welfare or injurious to property or improvements in the neighborhood - The use has been previously approved, and existing and proposed conditions based on the CUP amendment will likely mitigate any potential impacts. 6. The use shall be in accord with the purposes and intent of this chapter and the Comprehensive Plan of the County - The proposed amendment is consistent with the future land use designation in the Comprehensive Plan. While the use of vehicles sales is not specifically recommended for this area, the proposed amendment does not change the use that has been allowed since SUMMARY OF POSITIVE AND NEGATIVE FEATURES POSITIVE: 1. The proposed amendment is consistent with the future land use designation of the Comprehensive Plan. 2. The proposed amendment is consistent with the development pattern along Garrisonville Road. 3. The site was previously designed to accommodate such a use. 4. The proposed amendment will not change the permitted use on the property.

8 Memorandum to: Stafford County Planning Commission December 9, 2015 Page 8 of 8 NEGATIVE: 1. The proposed use is not consistent with the location of vehicle sales as recommended in the Comprehensive Plan. RECOMMENDATION: Staff recommends approval of the application as proposed, pursuant to Resolution R JAH:kb Attachments (6)

9 CUP ; Conditional Use Permit MABUDIAN MINOR CONDITIONAL USE PERMIT AMENDMENT Produced by the Stafford County Department of Planning and Zoning P.O. Box 339 Stafford, VA Attachment 1 Page 1 of 1 BA R R ETT H E IG H TS R D M A D ISO N CT M A D ISO N C T IS LN TR AV BA R R E T T H E IG H T S R D TRAVIS LN CENTER ST G A R R IS O N V ILLE R D D O R O T H Y LN BA R R E T T H E IG H T S R D CT EM ERSON _ G A R R ISO N V ILLE RD D O R O T H Y LN O N V IL LE R D EU S TAC E R D Feet Produced: 11/12/2015 Data layers are compiled from various sources and are not to be construed or used as a "legal description." Data layers are believed to be accurate, but accuracy is not guaranteed. ±

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27 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, 2015: MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde III Cord A. Sterling Robert Bob Thomas, Jr On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION TO APPROVE AN AMENDMENT TO A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP FOR MOTOR VEHICLE SALES IN THE B-2, URBAN COMMERCIAL ZONING DISTRICT, ON TAX MAP PARCEL NO , WITHIN THE GRIFFIS-WIDEWATER ELECTION DISTRICT WHEREAS, Mehrdad Mabudian, applicant, requested an amendment to a conditional use permit (CUP), pursuant to Application CUP , to conditions of development on Tax Map Parcel No , consisting of 1.07 acres, zoned B-2, Urban Commercial Zoning District, located within the Griffis-Widewater Election District; and WHEREAS, on October 7, 2003, the Board adopted Resolution R03-382, allowing motor vehicle sales on Tax Map Parcel No , in the B-2 Zoning District, with conditions; and WHEREAS, the application was submitted pursuant to Stafford County Code, Sec , Table 3.1, which permits this use in a B-2 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

28 R Page 2 WHEREAS, the Board finds that the request meets the standards of the Zoning Ordinance for issuance of an amendment to a CUP; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the day of, 2015, that a conditional use permit (CUP), pursuant to application CUP , be and it hereby is approved with the following conditions: 1. This Conditional Use Permit shall be for Motor Vehicle Sales to be located on Assessor's Parcel There shall be no repair or service of motor vehicles, except that minor service detailing and vacuuming of motor vehicles may take place inside of the building. 3. There shall be no carnival style banners, lights or balloons used on the site. 4. There shall be no outdoor display of vehicles. 4. All outdoor display/storage of vehicles for sale shall be located in parking areas designated as Vehicles for Sale, to be depicted on the Site Plan submitted to the County for review and approval. Display areas shall be exclusive of required customer and employee parking for the established use of the property. 5. There shall be no outdoor display or storage of automobile parts. 6. Storage and disposal of petroleum products and antifreeze shall be in accordance with the County Fire Prevention Code. 7. Buildings exceeding one story or 6,000 square feet shall be equipped with sprinkler systems for fire suppression. 8. There shall be no cars test driven within residential neighborhoods. 9. All loading/unloading of vehicles on-site shall be within a designated loading area. The Site Plan submitted to the County for review and approval shall depict the minimum loading area, drive aisles and turning radii required to support transport vehicles (car carriers or tow truck) This Conditional Use Permit may be revoked or conditions amended by the Board of Supervisors for violation of the conditions or any applicable federal, local or state code. AJR:JAH:kb

29 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, 2015: MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert Bob Thomas, Jr 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 FOR MOTOR VEHICLE SALES IN THE B-2, URBAN COMMERCIAL ZONING DISTRICT, ON TAX MAP PARCEL NO , WITHIN THE GRIFFIS-WIDEWATER ELECTION DISTRICT WHEREAS, Mehrdad Mabudian, applicant, requested an amendment to a conditional use permit (CUP), pursuant to application CUP , to conditions of development on Tax Map Parcel No , consisting of 1.07 acres, zoned B-2, Urban Commercial Zoning District, located within the Griffis-Widewater Election District; and; and WHEREAS, the application was submitted pursuant to Stafford County Code, Section 28-35, Table 3.1, which permits this use in the 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 finds that the request does not meet the standards of the Zoning Ordinance for issuance of a CUP; and

30 R Page 2 WHEREAS, the Board has considered the criteria in Stafford County Code Sec (d) and finds that this request does not meet the standards of issuance for a CUP; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the day of, 2015, that a CUP pursuant to application CUP be and it hereby is denied. AJR:JAH:kb

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33 Attachment 6 Page 1 of 2 R BOARD OF SUPERVISORS COUNTY OF STAFFORD ST AFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, Stafford County Administration Center, Stafford, Virginia, on the 7th day of October, MEMBERS: Peter J. Fields, Chairman Robert C. Gibbons, Vice Chairman Jack R. Cavalier Kandy A. Hilliard Mark W. Osborn GaryD. Pash Gary F. Snellings.VOTE: Yes Yes Yes Yes Yes Yes Yes On motion of Mr. Cavalier, seconded by Mr. Pash, which carried by a vote of 7 to 0, the following was adopted: A RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT PURSUANT TO APPLICATION CUP TO ALLOW MOTOR VEHICLE SALES IN A B-2, URBAN COMMERCIAL, ZONING DISTRICT, ON ASSESSOR'S PARCEL 20-99, GRIFFIS- WIDEW ATER ELECTION DISTRICT WHEREAS, Mehrdad Mabudian, applicant, has submitted application CUP requesting a Conditional Use Permit to allow motor vehicle sales in a B-2, Urban Commercial, Zoning District on the above-described property; and WHEREAS, the application has been submitted pursuant to Table 3.1 of the Zoning Ordinance which permits this use in a B-2, Urban Commercial Zoning District after a Conditional Use Pem1it has been issued by the Board; and WHEREAS. the Board has carefully considered the recommendation of the Planning Commission and staff and testimony at the public hearing; and WHEREAS. the Board finds that the request meets the standards of the Zoning Ordinance for issuance of a Conditional Use Permit;

34 Attachment 6 Page 2 of 2 R Page 2 NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 7th day of October, 2003, that a Conditional Use Permit pursuant to application CUP be and it hereby is approved with the following conditions: 1. This Conditional Use Permit shall be for Motor Vehicle Sales to be located on Assessor's Parcel There shall be no repair or service of motor vehicles. 3. There shall be no carnival style banners, lights or balloons used on the site. 4. There shall be no outdoor display of vehicles. 5. There shall be no outdoor display or storage of automobile parts. 6. Storage and disposal of petroleum products and antifreeze shall be in accordance with the County Fire Prevention Code. 7. Buildings shall be equipped with sprinkler systems for fire suppression. 8. There shall be no cars test driven within residential neighborhoods. 9. This Conditional Use Permit may be revoked or conditions amended by the Board of Supervisors for violation of the conditions or any applicable federal, local or state code. A Copy, teste: SC:JAH:ek Steve Crosby ~ County Administrator

35 Attachment 7 Page 1 of BOARD OF SUPERVISORS COUNTY OF ST AFFORD STAFFORD, VIRGINIA ORDINANCE At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, Stafford County Administration Center, Stafford, Virginia, on the day 7th of October, 2003: MEMBERS: Peter J. Fields, Chairman Robert C. Gibbons, Vice Chairman Jack R. Cavalier Kandy A. Hilliard Mark W. Osborn GaryD. Pash Gary F. Snellings.VOTE: Yes Yes Yes Yes Yes Yes Yes On motion of Mr. Cavalier, seconded by Mr. Pash, which carried by a vote of 7 to 0, the following was adopted: AN ORDINANCE TO AMEND AND REORDAIN THE ZONING ORDINANCE FOR ST AFFORD COUNTY BY AMENDING THE ZONING DISTRICT MAP TO RECLASSIFY, WITH PROFFERS, FROM R-1, SINGLE FAMILY RESIDENTIAL, TO B-2, URBAN COMMERCIAL, ASSESSOR'S PARCEL 20-99, GRIFFIS WIDEW ATER ELECTION DISTRICT WHEREAS, Mehrdad Mabudian, applicant, has submitted application RC230247, requesting reclassification, with proffers, from R-1, Suburban Residential, to B-2, Urban Commercial, of the above-described property, consisting of 1.07 acres, located on the north side of Garrisonville Road approximately 400 feet east of Center Street, within the Griffis Widewater Election District; and WHEREAS, the Board has carefully considered the recommendation of the Planning Commission, staff and testimony at the public hearing; and WHEREAS. the Board has determined that the requested zoning is compatible with the surrounding land uses and zoning; and

36 Attachment 7 Page 2 of Page 2 WHEREAS; the Board finds that public necessity, convenience, general welfare, or good zoning practice requires adoption of an ordinance to reclassify the subject property; NOW, THEREFORE, BE IT ORDAINED by the Stafford County Board of Supervisors on this the 7th day of October, 2003 that the Zoning Ordinance for Stafford County be and it hereby is amended and reordained by amending the zoning district map to reclassify from R-1, Suburban Residential to B-2, Urban Commercial, the parcel ofland as shown on the plat of survey entitled "Boundary Survey Property of Elizabeth Hamilton Embrey", dated November 25, 2002, with the following proffers: 1. Land Use - The use of the property shall be limited to medium intensity commercial uses and motor vehicle sales. In the event any used vehicle is sold at the premises, the display of such vehicle shall be from the inside structure shown on the Generalized Development Plan ("GDP"), dated March 2003, prepared by Greenhome & O'Mara. Sale of used vehicles shall be further limited to specialty or collector's vehicles or custom vehicles offered in response to specific customer inquiry. No automobile service or detailing activities shall be offered on the property, except cleaning and minor replacement/repair to prepare vehicles for sale. The second floor of the building shown on the GDP shall be limited to office space and shall have access independent of the access to the first floor. 2. Access - The applicant agrees to establish a point of interparcel access to Parcel , as shown on the GDP, and in the event that the owner of Parcel permits access to Center Street across Parcel , it shall be the sole means of access to and from the property. If such access across Parcel cannot be obtained, access to the property shall be directly from Garrisonville Road, as shown on the GDP. 3. Right-of-Way Dedication - The applicant shall dedicate a strip of land fifteen feet (15) in width across the frontage of the parcel, as shown on the GDP, for the future widening of Garrisonville Road. 4. Architectural Treatment - The building to be constructed on the property shall employ brick, glass, stone, or split face block for any fa9ade facing Garrisonville Road. A Copy, teste: Steve Crosby County Administr tor SC:JAH:ek