21 & 22 September 14, 2011 Public Hearing APPLICANT:

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1 21 & 22 September 14, 2011 Public Hearing APPLICANT: AUTO PROPERTIES II, LLC PROPERTY OWNER: KH REAL ESTATE, LLC STAFF PLANNER: Carolyn A.K. Smith REQUESTS: Conditional Change of Zoning (R-7.5 Residential District to B-2 Community Business District) Conditional Use Permit (Auto Sales & Service) ADDRESS / DESCRIPTION: 326 & 330 Malibu Drive GPIN: ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 16,219 square feet AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant proposes to rezone 2 existing R-7.5 properties to B-2 Community Business District and add these areas into the existing auto sales and service Conditional Use Permit in order to expand the operation which has been in existence for approximately 20 years. Specially, the submitted site plan depicts the removal of 2 existing single family dwellings to be replaced with an expansion to the auto sales and service facility s parking lot. The application indicates that the proposed parking lot is intended to alleviate a parking problem along the right-of-way. Originally, no proffer agreement was submitted with the application although the applicant s representative was informed that this document would provide certainty to surrounding property owners, decision makers and staff as to the intended proposed use now and for the future. A proffer agreement was recently submitted and the rezoning request was deferred to the September Planning Commission agenda. The submitted site plan depicts 49 parking spaces with several small landscape islands and the required 15 foot buffer containing plant material and a 6 foot high, solid PVC privacy fence along the northern property line. A row of plants are depicted to be installed within a 4.5 foot wide planting area running the length of the proposed parking lot along Malibu Drive. If approved, during final site plan review, the Page 1

2 ultimate layout of the parking spaces may shift in order to meet both the interior parking lot and streetscape landscaping requirements. Access to the parking lot is proposed internally via the existing sales and service facility with an existing ingress/egress along Malibu Drive. EXISTING LAND USE: 2 single family dwellings, which are now demolished LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: Single family dwellings / R-7.5 Residential District South: Auto sales and service / B-2 Community Business District East: Auto sales and service / B-2 Community Business District West: Malibu Drive Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The properties are located within the Chesapeake Bay watershed. As these relatively small lots are developed with single family dwellings and parking lot, there do not appear to be any significant environmental features on these sites. COMPREHENSIVE PLAN: This property is located in the Urban Area - Rosemont Strategic Growth Area, SGA 5. The draft Rosemont SGA Master Plan was prepared in April It recognizes that the Rosemont SGA is surrounded by numerous stable residential neighborhoods and seeks to address the edges of these neighborhoods through better transition between existing single-family detached residential areas to the north and commercial or other non-residential uses to the south that front along Virginia Beach Boulevard. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard is an 8 lane, urban, major arterial. Malibu Drive is a 2 lane local street. Neither Virginia Beach Boulevard nor Malibu Drive in the vicinity of this request is listed on the MTP or the CIP list for upgrade. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard Malibu Drive 56,700 ADT 1 56,240 ADT 1 (Level of Service D ) 64,260 ADT 1 (Level of Service E ) 9,900 ADT 1 (Level of Service D ) No Data Available Existing Land Use 2 20 ADT Proposed Land Use 3 0 ADT 1 Average Daily Trips 2 as defined by 2 dwellings 3 as defined by a parking lot which itself does not generate traffic Page 2

3 WATER & SEWER: These sites are already connected to City water and sewer; however, with the redevelopment of a parking lot, no connections will be necessary. EVALUATION AND RECOMMENDATION In 2000, additions totaling 21,400 square feet to the auto sales and service building were approved by City Council. No changes to the property boundaries were proposed at that time. The 2000 staff report noted that there were 558 parking spaces, some of which were leased to adjacent properties, and with the building expansions, 13 spaces would be lost. The use requires only 47 parking spaces so ample parking for customers and employees is available. As the application states that the parking lot expansion is proposed to alleviate a parking problem, it is Staff s opinion that the problem may be caused by the applicant s leasing spaces to adjacent property owners and by having too much inventory than what can be sold in a reasonable amount of time. The submitted site plan depicts the removal of 2 existing single family dwellings to be replaced with an expansion to the auto sales and service facility s parking lot. Ingress/egress to the parking lot addition is proposed internally through the facility s entrance along Malibu Drive. The submitted site plan depicts 49 parking spaces with several small landscape islands and the required 15 foot buffer, with plants and a privacy fence at the edge of the parking spaces, along the northern property line. The layout of the parking may be impacted during final site plan review in order to fully comply with all landscaping requirements. Originally, no proffer agreement was submitted with the application. At the behest of Staff, a conditional rezoning agreement has been submitted that limits to the use of the parcels to parking for the auto sales and service facility. This agreement aids is providing certainty to surrounding property owners, decision makers and staff as to the intended proposed use and layout now and into the future. The Comprehensive Plan recognizes that the Rosemont SGA is surrounded by numerous stable residential neighborhoods and seeks to address the edges of these neighborhoods through better transition between existing single-family detached residential areas to the north and commercial or other non-residential uses to the south that front along Virginia Beach Boulevard. The addition of a parking lot is counter to this goal. The Comprehensive Plan Reference Handbook addresses site design in urban areas and recommends that parking areas not dominate the frontage of streets and should be located behind buildings or in the interior of a block (p. B-2). Based on the recommendations of the Comprehensive Plan, and the negative visual and quality of life impacts that the parking lot extension will have on the adjacent single family neighborhood, Staff recommends no change to the existing zoning nor to the sales and service facility for the additional parking lot and that both requests be denied. Staff recommends that no commercial development be permitted north of Malibu Palms Drive in order to maintain the present stable character of the neighborhood along Malibu Drive. Page 3

4 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: When the Property is redeveloped, it shall be resubdivided and, by vacation of all internal property lines, incorporated into the adjacent commercially zoned parcel abutting the eastern and southern boundaries. PROFFER 2: When the Property is redeveloped, it shall only be used for surface parking substantially in accordance with the exhibit entitled CONCEPT PLAN, 49 SPACE EMPLOYEE OVERFLOW PARKING LOT, dated July 22, 2010, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Concept Plan ). PROFFER 3: When the Property is developed, the fencing and permanent landscape buffer areas shall be installed and maintained along the western boundary of the Property and adjacent to Malibu Drive as depicted and described on the Concept Plan. PROFFER 4: When the Property is developed, all exterior lighting shall be low intensity and residential and in accordance with Section 237 of the City s Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the parking lot; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. PROFFER 5: Further conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee. STAFF COMMENTS: While the proffers are sufficient in a legal sense, Staff does not recommend approval of the proposal. The City Attorney s Office has reviewed the proffer agreement dated July 22, 2011, 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 Use Permit or 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 4

5 AERIAL OF SITE LOCATION Page 5

6 PROPOSED PARKING LOT LAYOUT Page 6

7 3 1 2 ZONING HISTORY # DATE REQUEST ACTION 1 06/09/09 08/05/03 CUP (commercial recreation facility) CUP (commercial recreation facility) Granted Granted 2 02/08/00 02/22/94 01/11/88 CUP (motor vehicle rentals) CUP (motor vehicle sales) CUP (motor vehicle sales & service) Granted Granted Granted 3 08/11/80 CUP (senior housing) Granted Page 7

8 DISCLOSURE STATEMENT Page 8

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