12 & 13 April 11, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: BILLY W. CHAPLAIN

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1 .. 12 & 13 April 11, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: BILLY W. CHAPLAIN STAFF PLANNER: Faith Christie REQUEST: Modification of Proffers approved by City Council August 14, 2001 Modification of a Conditional Use Permit for Bulk Storage approved by City Council August 14, 2001 Conditional Use Permit for Automobile and Small Engine Repairs ADDRESS / DESCRIPTION: 849 & 853 Virginia Beach Boulevard and 1608 Washington Avenue GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 30,000 square feet AICUZ: db DNL SUMMARY OF REQUEST The Conditional Rezoning agreement approved on August 14, 2001, has three proffers. The applicant desires to modify Proffer 1: Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and building contractor yard. This use shall also be governed by the conditions of a Conditional Use Permit which limits the use to ten (10) years from the date of adoption by Grantee and further requires the Grantor to terminate the use prior to the end of the ten (10) year term in the event that: (a) The land on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; or (b) The land use on the adjacent property to the south changes to something other than a residential trailer park. Page 1

2 The Conditional Use Permit permitting a bulk storage yard for automobiles and building contractor items was approved by the City Council on August 14, The Conditional Use Permit has seven conditions. The applicant desires modification of Condition 7: This Conditional Use Permit is valid for ten (10) years from the date of City Council s approval or when one of the following occurs prior to the end of the ten (10) year term: a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; b. The land use on the adjacent property to the south changes to something other than a residential trailer park. If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of Virginia Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner. The applicant is also requesting a Conditional Use Permit for Automobile and Small Engine Repair for the entire building located at 849 / 853 Virginia Beach Boulevard. Previously, the east side of the building was occupied by a silk screening business. That business has vacated the building, and the applicant would like to expand his repair business into that portion of the building. The applicant states that the current economic conditions have hindered the much anticipated redevelopment of the adjacent residential mobile home park property to the south as well as this site. The applicant also states that uses on the site are limited due to the Special Regulations in the Air Installations Compatible Use Zones overlay on the site. The site is located within a db Ldn AICUZ zone. Due to these issues the applicant is requesting that the time limit for this use on the site be extended for an additional five years. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied by a single-story commercial building, constructed in 1935, and a bulk storage yard, used for towed vehicles. Pavement extends from the building walls to the rights-of-ways lines along Virginia Beach Boulevard and Washington Avenue. The site is zoned RT-3 Resort Tourist and Conditional B-2 Community Business. SURROUNDING LAND USE AND ZONING: North: South: East: West: Virginia Beach Boulevard Across Virginia Beach Boulevard is the Beach Services Center / RT-3 Resort Tourist District Mobile home park / A-12 Apartment District Washington Avenue Across Washington Avenue is automotive repair and a gun shop / RT-3 Resort Tourist District A motel and mobile home park / RT-3 Resort Tourist District and A-12 Apartment District NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Urban Area - Resort Strategic Growth Area (SGA) The Comprehensive Plan designates this area of the City as Urban Area - Strategic Growth Area 8, Resort Page 2

3 Area. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center with strong neighborhoods and increased economic growth. Further, the site is located in the Central Beach District of the Resort Area Strategic Action Plan (RASAP) and in proximity to the Convention Center. The area has great potential for future redevelopment associated with the Convention Center and potentially increased development opportunities resulting from light rail or some other form of rapid transit service, as is being studied in the Virginia Beach Transit Extension Study (VBTES), as well as from the new Oceanfront Resort District Form-Based Code, which is in draft. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The modification to the existing use permit and conditional zoning does not affect the traffic counts for the site. WATER and SEWER: This site is connected to City water and sewer. SCHOOLS: School populations are not affected by this request. EVALUATION AND RECOMMENDATION The request for an extension of the time limit on the bulk storage use permit as well as the request to expand the automotive and small engine repair into the eastern side of the building is acceptable. As proffered the bulk storage use is only intended as a temporary use. While this site is located on an entryway into the Oceanfront, this area is not experiencing the redevelopment activity that is occurring in the northern area of the Oceanfront. Staff recommends approval of the requested use permit for automotive and small engine repair and the modifications to the existing proffered zoning agreement and use permit for bulk storage, as proffered and conditioned below. PROFFER 1: MODIFIED PROFFERS Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and building contractors yard. This use shall also be governed by the conditions of a Conditional Use Permit which limits the use to five (5) years from the date of adoption by Grantee and further requires the Grantor to terminate the use prior to the end of the five (5)) year term in the event that: (a) The land on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; or (b) The land use on the adjacent property to the south changes to something other than a residential trailer park. Page 3

4 MODIFICATION OF CONDITIONS OF EXISTING USE PERMIT 1. All conditions with the exception of Number 7 attached to the Conditional Use Permit granted by the City Council on August 14, 2001, shall remain in effect. 2. Condition Number 7 of the August 14, 2001 Conditional Use Permit is deleted and replaced with the following: This Conditional Use Permit is valid for ten (10) five (5) years from the date of City Council s approval or when one of the following occurs prior to the end of the ten (10) five (5) year term: a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; b. The land use on the adjacent property to the south changes to something other than a residential trailer park. If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of Virginia Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner. CONDITIONS OF NEW USE PERMIT 1. Parking for employees shall be met behind the building, not in the parking areas adjacent to Virginia Beach Boulevard and Washington Avenue. The area shall be improved with curb, gutter, and pavement. The applicant may request a deferral of on-site improvements, however in the minimum the parking area shall be improved with gravel and some means of delineation of the parking area. 2. Vehicles shall not maneuver directly (back out) into Virginia Beach Boulevard from the automotive repair bay. 3. All repair work shall be performed inside the building. 4. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored inside the building. 5. All wrecked, junked, and inoperative vehicles, debris, engine parts, and old tires shall be removed from the automotive / bulk storage area on the site. 6. Tires and rims for sale shall not be displayed outside of the building. 7. All used tires shall be stored in an area which is not visible from any adjoining property or right-of-way and maintained in a mosquito free environment. There shall be no more than 30 used tires stored on the site at any time. 8. All signage on the site shall conform to the requirements of the City Zoning Ordinance. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, light poles, or any other portions of the site. There shall be pennants, ribbons, streamers, spinners, strings of light bulbs, electronic display signs or other similar moving devices. 9. Category 1 landscape screening shall be installed along the eastern and southern property lines (particularly adjacent to the existing mobile home located to the south of the property). Page 4

5 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 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 PROPOSED SITE PLAN Page 7

8 ZONING HISTORY # DATE REQUEST ACTION 1 8/14/01 3/27/01 8/11/92 Conditional Use Permit (Bulk Storage) Rezoning (A-12 Apartment to Conditional B-2 Business) Conditional Use Permit (Automotive Repair) Approved Approved Approved 2 3/2/09 Alterations to a Nonconforming Use Approved 3 5/9/00 Rezoning (A-12 Apartment to R5-S Residential) Approved 4 11/23/10 Rezoning (A-12 Apartment to R5-S Residential) Approved 5 2/14/83 Street Closure Approved 6 10/24/05 Street Closure Approved The site was zoned C-G2 General Commercial and M-I-2 General Industrial until November From November 1973 to July 1977 the site was zoned B-2 Business and A-1 Apartment. From July 1977 to April 1988 the site was zoned C-1 Arts and Conference and A-1 Apartment. In April 1988 the site was zoned RT-3 Resort Tourist and A-12 Apartment. Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10

11 DISCLOSURE STATEMENT Page 11

12 DISCLOSURE STATEMENT Page 12

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