1 February 8, 2012 Public Hearing APPLICANT: ERNEST D. PARRISH
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1 REQUEST: Conditional Use Permit (Truck and Trailer Rental) 1 February 8, 2012 Public Hearing APPLICANT: ERNEST D. PARRISH PROPERTY OWNER: ACT B LYNNHAVEN COLONY SHOPS STAFF PLANNER: Faith Christie ADDRESS / DESCRIPTION: 2973 Shore Drive Unit #104 GPIN: ; ; ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 2 acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a portion of the site to be used for truck and trailer rentals (U- Haul). The applicant proposes to display 5 trucks and or trailers in the southeast corner of the site, near the intersection of Sea Shell Road and Cape Henry Drive. There is a substantial drainage area, at the rear of the site to the edge of the Cape Henry Drive, which separates the center from the residential area to the south. The applicant proposes a 4 foot tall fence as well as Ligustrum shrubs to help screen the use. The site is L-shaped, and the building is designed to follow the L-shape. The site contains 19,294 square feet of building area. Of that building area restaurants occupy 10,283 square feet (a pizzeria, a sushi restaurant, and a restaurant / bar). Two variances have been granted to reduce the required parking. Thus the site is deficient with regards to parking. The site has minimal landscaping. The building is Mediterranean in style with stucco walls and tile roof. Page 1
2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied by an L-shaped strip retail center, associated parking and landscaping. The site was developed in 1986 as a retail center. The site is zoned B-2 Business with a Shore Drive overlay. SURROUNDING LAND USE AND ZONING: North: South: East: West: Shore Drive Cape Henry Drive Across Cape Henry Drive are single-family dwellings / R-10 Residential with a Shore Drive overlay Sea Shell Road Across Sea Shell Road is a shopping center containing 2 restaurants, laundry, and church / B-2 Business with a Shore Drive overlay Urchin Road Across Urchin Road is a bank / B-2 Business with a Shore Drive overlay NATURAL RESOURCE AND CULTURAL FEATURES: The site is developed with building and parking. There are no significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Suburban Focus Area (SFA) 1 Shore Drive Corridor The Comprehensive Plan designates this area of the City as Suburban Focus Area (SFA) 1 - Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park, and was designated as a Suburban Focus Area because of its unique characteristics. The Shore Drive Corridor Guidelines (2002), prepared as a complement to the Shore Drive Corridor Plan (2000), were adopted to ensure quality and create a consistent theme throughout the area, as well as to address various site and architectural design elements, including linkages, landscaping, lighting, and signage. Development consistent with the community s goals that will achieve the physical characteristics necessary to enhance the economic vitality and visual aesthetics of the Shore Drive corridor is encouraged. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This application requests a permit for a U-Haul rental facility in an existing 19,000 square foot shopping center that occupies all but the northwest quadrant of the square encompassed by Shore Drive, Urchin Road, Sea Shell Road, and Cape Henry Drive. Although the site has frontage along all four roads, its access is limited to two entrances on Urchin Road and two entrances on Sea Shell Road. Sea Shell Road has access to the eastbound lanes of Shore Drive only, while Urchin Road has a four-way unsignalized intersection with Shore Drive. Because moving equipment rental is not an ITE land use category, worst-case trip generation was estimated based on several assumptions. First, the trips associated with the rentals were assumed to be in addition to Page 2
3 the trips estimated from the shopping center s floor area. It was further assumed that each piece of equipment would be used for in-town moves such that it could be rented twice a day and each rental would involve four trips (arrival without equipment, leaving with equipment, returning equipment, leaving without equipment). Based on the amount of rental equipment described in the application, this yielded a worst-case estimate of 48 ADT, with an assumed heavy peaking adding 6 of these trips in the PM peak hour. Shore Drive is a four-lane urban major arterial. The Master Transportation Plan s Major Street Network Ultimate Rights-of-Way designates it as an ultimate six-lane section within a 150 right-of-way. Cape Henry Drive, Sea Shell Road, and Urchin Road are all two-lane local streets that are not identified by name in the Master Transportation Plan. Shore Drive fronting this site is within the project limits of CIP Project # Shore Drive Corridor Improvements Phase III. The project is currently in the design phase with construction scheduled to begin in TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shore Drive 42,900 ADT 1 31,700 ADT 1 Existing Land Use (19 AM Peak Hour / 71 PM Peak Hour) ADT Proposed Land Use (19 AM Peak Hour / 77 PM Peak Hour) ADT 1 Average Daily Trips 2 as defined by a 19,000 square foot shopping center 3 as defined by a 19,000 square foot shopping center with truck and trailer rentals WATER and SEWER: The site is connected to City water and sewer. Based on staff s evaluation and conclusions, provided below, staff recommends denial of this request. EVALUATION AND RECOMMENDATION Parking for the subject site is a significant concern. The center has three restaurants occupying 10,283 square feet of the center. The balance of the center, 9,134 square feet, is occupied by retail and office uses. Had the center not been granted variances to the required parking, it would have to have 140 parking spaces for the uses occupying the buildings. The center was granted variances to 120 parking spaces. The submitted physical survey depicts 110 parking spaces thus making the center deficient by 10 spaces. The applicant wishes to use 5 of those spaces at all times for rental trailers and trucks. Parking in the Bayfront area is a scarce commodity and should not be compromised. Regarding the applicant s desire to park five rental trucks and trailers on the site at all times, there is no guarantee that the number will not exceed five. Customers may drop off the vehicles during non-business hours and take up additional parking spaces. Page 3
4 The applicant s representative met with the Bayfront Advisory Committee in January of this year. The representative advised the Committee that the proposed use is needed in the community, that there are no other vehicle rental establishments in the area, and that the applicant needs the truck and trailer rental to make his business work. The representative also stated that the applicant agreed to the following: Park the vehicles at the rear of the center in five reserved parking spaces; Landscape and fence the area with evergreen shrubs and a four-foot tall fence; Rent only small trailers and have no more than 1 vehicle at 20 feet in length; and Meet with the adjoining residential civic league. The representative stated that parking should not be an issue since the uses in the center operate on day night schedules. The restaurants tend to be busier in the evening hours while the office / retail uses operate in the daytime. However, that does not eliminate the fact that this proposed use would be using at least five of the existing parking spaces for trailers and trucks all the time. While the Bayfront Advisory Committee does not make recommendations for or against proposed land use proposals, the Committee does want to be on record regarding this request. The Committee feels it is a reasonable request, particularly with parking the vehicles at the rear of the center and adding landscaping and fencing; however, not at this site. The main issues with the request at this center are parking, and that the use is contrary to vision for the Shore Drive Corridor. The Shore Drive Corridor Plan was adopted by reference as part of the Comprehensive Plan in The plan s goal is to protect, restore and enhance the corridor to reflect the area s unique character as a residential community, and to establish a functional and attractive scenic gateway. Corridor-wide recommendations are to improve land use compatibilities and avoid over commercialization to insure that resort-based uses complement rather than dominate, encourage reuse/revitalization of existing commercial properties, promote safe interconnectivity of pedestrians, and encourage corridor beautification. The City Zoning Ordinance requires the following for truck and trailer rentals a. The minimum lot size shall be twenty thousand (20,000) square feet. b. Trucks and trailers for rental shall be displayed in an area designated on a site plan submitted with the application for a conditional use permit, no more than three (3) trucks or trailers for rent shall be displayed and no truck or trailer shall be displayed within the first ten (10) feet of any front or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed truck or trailer on the premises. c. All lighting shall be directed toward the interior of the site and away from adjoining properties. d. Trucks or trailers for rental which are not being displayed as provided for in (b) above shall be located within a building or in a designated area located behind the nearest portion of a building adjacent to a public street. The designated area shall be screened, except for necessary openings for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100) feet of the designated area by a fence not less than six (6) feet in height and Category VI landscaping. The request meets a ; the request does not meet b or d. Lastly, staff has little faith that the applicant will abide by any conditions proffered or placed by staff upon the request. The zoning inspector in this area verbally cited the business several times between September 2010 and May The applicant was formally cited for operating the truck and trailer rental business on May 11, The applicant did not apply for the use permit until September The request has been deferred several times because the site was not properly posted. Further the applicant has continued to park up to 7 vehicles in the parking area along Shore Drive until this past week. Page 4
5 There are other locations along Shore Drive that can accommodate this type of request whereby the applicant could meet the requirements of the City Zoning Ordinance as well as any conditions proposed by the applicant or staff. After careful evaluation, staff finds that we cannot recommend approval of the use permit request for truck and trailer rentals. 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 1/13/09 10/13/98 1/9/84 7/2/84 5/8/78 6/13/77 8/10/60 Conditional Use Permit (Assembly) Shore Drive Overlay District Rezoning (R-8 Residential to B-2 Business) Street Closure Rezoning (R-8 Residential to B-2 Business) Rezoning (R-8 Residential to B-2 Business) Rezoning (RD-2 Residence Duplex with T-1 Motel Tourist to Denied C G 1 General Commercial) 2 7/8/08 6/9/98 Modification of Conditions Conditional Use Permit (Home for the Aged) 3 12/3/02 Conditional Use Permit (Multi-family dwellings) 4 11/27/01 10/02/01 Conditional Use Permit (Multi-family dwellings) Conditional Use Permit (Multi-family dwellings) Denied 5 6/27/00 Rezoning (B-4 Mixed Use (SD) to A-12 Apartment (PD-H2)) 6 4/20/98 Conditional Use Permit (Miniature golf) 7 1/11/94 Conditional Use Permit (Church) 8 8/21/90 Conditional Use Permit (Billiards) Page 8
9 DISCLOSURE STATEMENT Page 9
10 DISCLOSURE STATEMENT Page 10
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Applicant and Property Owner Public Hearing September 13, 2017 City Council Election District Rose Hall Agenda Item 5 Request Conditional Rezoning (B-1A Limited Community Business to Conditional B-2 Community
More informationRequest Conditional Use Permit (Communication Tower) Staff Recommendation Approval. Staff Planner Emily Bazemore
Applicant Property Owner Columbia Club of Virginia Beach Public Hearing July 11, 2018 City Council Election District Beach Agenda Item 5 Request Conditional Use Permit (Communication Tower) Staff Recommendation
More information1 November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC.
1 November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Change of Zoning (AG-1 & AG-2 Agricultural Districts
More informationRequest Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) Staff Planner Jimmy McNamara
Applicant & Property Owner Public Hearing September 14, 2016 City Council Election District Kempsville Agenda Item 7 Request Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations)
More informationRequest Conditional Rezoning (A-12 to Conditional R- 5S) Staff Recommendation Approval. Staff Planner Jimmy McNamara
Applicant & Property Owner ACC Property Solutions, Inc. Public Hearing March 14, 2018 City Council Election District Beach Agenda Item 7 Request Conditional Rezoning (A-12 to Conditional R- 5S) Staff Recommendation
More information4 August 8, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: ARAI AMERICAS, INC.
4 August 8, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: ARAI AMERICAS, INC. STAFF PLANNER: Faith Christie REQUEST: Modification of the Conditions of a Street Closure for a portion of Bayside Road
More informationRequest Modification of Proffers. Staff Planner Kristine Gay
Applicant Taste Unlimited, LLC Property Owner More Wine, LLC Public Hearing January 13, 2016 Request Modification of Proffers Staff Planner Kristine Gay Location 4097 Shore Drive GPIN 14799880390000 Zoning
More informationStaff Planner Carolyn A.K. Smith
Applicant Property Owner, Pamela K. & Steven A. Gray Public Hearing April 13, 2016 City Council Election District Princess Anne Agenda Item 8 Request Modification of Proffers (Modification to the proffer
More informationRequest Conditional Use Permit (Craft Brewery) Staff Planner Stephen J. White
Applicant, LLC t/a Reaver Beach Brewery Property Owner Thomas R. Boozel Public Hearing February 14, 2018 City Council Election District Rose Hall Agenda Item 2 Request Conditional Use Permit (Craft Brewery)
More information11 November 12, 2014 Public Hearing
11 November 12, 2014 Public Hearing APPLICANT: BEACH MOTOR SPORTS T/A/ HONDA OF VIRGINIA BEACH PROPERTY OWNER: THOMAS G SHARPE JR FAMILY TRUST & JATO, INC. STAFF PLANNER: Stephen J. White REQUEST: Conditional
More informationRequest Conditional Use Permit (Automobile Repair Garage & Bulk Storage Yard) Staff Recommendation Approval. Staff Planner Robert Davis
Applicant Property Owner Edward Selamaj & Besnik Selamaj Public Hearing February 14, 2018 City Council Election District Beach Agenda Item 1 Request Conditional Use Permit (Automobile Repair Garage & Bulk
More informationRequest Conditional Use Permits (Craft Brewery & Open-Air Market) Staff Recommendation Approval. Staff Planner Robert Davis
Applicant Property Owner Oceana Crossings, LLC Public Hearing November 14, 2018 City Council Election District Beach Agenda Item 2 Request Conditional Use Permits (Craft Brewery & Open-Air Market) Staff
More information1 November 12, 2014 Public Hearing
1 November 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: MOISON DEVELOPMENT, L.L.C. STAFF PLANNER: Kevin Kemp REQUEST: Subdivision Variance to Section 4.4 (d) of the Subdivision Ordinance, which
More informationD1 August 12, 2015 Public Hearing APPLICANT: CCW DEVELOPMENT ASSOCIATES, LLC PROPERTY OWNER: WAYNE DUPREE
D1 August 12, 2015 Public Hearing APPLICANT: CCW DEVELOPMENT ASSOCIATES, LLC PROPERTY OWNER: WAYNE DUPREE REQUEST: Change of Zoning (A-12 Apartment District to Conditional A-12 Apartment District) STAFF
More information9 February 13, 2013 Public Hearing APPLICANT: VILLAGE BEND, LLC
9 February 13, 2013 Public Hearing APPLICANT: VILLAGE BEND, LLC PROPERTY OWNER: VILLAGE BEND HOMEOWNERS ASSOCIATION, INC. STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning
More informationRequest Conditional Use Permit (Craft Brewery) Staff Planner Jimmy McNamara
Applicant Property Owner Juan Suarez, Arch Dixon & Jalaladin Mansourzadeh Public Hearing August 10, 2016 City Council Election District Rose Hall Agenda Item 1 Request Conditional Use Permit (Craft Brewery)
More informationConditional Rezoning (R-15 Residential District to Conditional R-10 Residential District) Staff Planner Stephen White
Applicant Property Owner Victory Baptist Church Public Hearing June 8, 2016 City Council Election District Princess Anne Agenda Item D1 Request Modification of Conditions (Reduction of area subject to
More informationRequest Modification of Conditions (Religious Use) Conditional Use Permit (Child Care Education Center within a Religious Use)
Applicant Property Owner St. Francis Episcopal Church Public Hearing November 14, 2018 City Council Election District Rose Hall Agenda Item 11 Request Modification of Conditions (Religious Use) Conditional
More informationRequest Conditional Use Permit (Religious Use) Staff Recommendation Approval. Staff Planner Jonathan Sanders
Applicant Property Owner Miss Saigon Properties, LLC Public Hearing November 14, 2018 City Council Election District Bayside Agenda Item 10 Request Conditional Use Permit (Religious Use) Staff Recommendation
More informationAgenda Item. Public Hearing April 11, 2018 (Previously deferred on March 14, 2018) City Council Election District Bayside
Applicant Dragas Associates, Inc., a Virginia corporation Property Owners Eric E. Hawkins, Trustee of the Adams Family Third Party Special Needs Trust, Linda Elkins Hawkins and Nancy V. Hawkins, Thelma
More information3 NOVEMBER 9, 2011 Public Hearing APPLICANT:
REQUEST: Conditional Change of Zoning (B-2 & I-1 to Conditional A-18) 3 NOVEMBER 9, 2011 Public Hearing APPLICANT: S.L. NUSBAUM REALTY COMPANY PROPERTY OWNER: USF PROPCO II, LLC STAFF PLANNER: Leslie Bonilla
More information4 August 14, 2013 Public Hearing APPLICANT:
4 August 14, 2013 Public Hearing APPLICANT: VIRGINIA BEACH THEOLOGICAL SEMINARY PROPERTY OWNER: COLONIAL BAPTIST CHURCH STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit
More information10 December 12, 2012 Public Hearing APPLICANT: DAVE & BUSTERS, INC.
10 December 12, 2012 Public Hearing APPLICANT: DAVE & BUSTERS, INC. PROPERTY OWNER: LYNNHAVEN MALL, L.L.C. REQUEST: Conditional Use Permit (Indoor Recreational Facility) STAFF PLANNER: Karen Prochilo ADDRESS
More information2 July 14, 2010 Public Hearing
2 July 14, 2010 Public Hearing REQUEST: Conditional Use Permit (community boat dock) APPLICANTS & PROPERTY OWNERS: MAXIM V. MIROVSKI & MARGARET Y. BAUMGARTEN / STEPHEN J. & PAUL H. LAUKAITIS STAFF PLANNER:
More informationRequest Conditional Use Permit (Motor Vehicle Sales) Staff Planner Carolyn A.K. Smith
Applicant & Property Owner Public Hearing June 8, 2016 City Council Election District Kempsville Agenda Item 6 Request Conditional Use Permit (Motor Vehicle Sales) Staff Planner Carolyn A.K. Smith Location
More informationRequest Subdivision Variance (4.4 (b) of the Subdivision Regulations) Staff Recommendation Approval. Staff Planner Jimmy McNamara
Applicant & Property Owner Public Hearing July 12, 2017 City Council Election District Lynnhaven Agenda Item 4 Request Subdivision Variance (4.4 (b) of the Subdivision Regulations) Staff Recommendation
More informationRequest Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) Staff Recommendation Approval. Staff Planner Jimmy McNamara
Applicant & Property owner Titan Investment Group, Inc., a Virginia Corporation Public Hearing April 12, 2017 City Council Election District Kempsville Agenda Item 5 Request Subdivision Variance (Sections
More informationRequest Conditional Use Permits (Open-Air Market, Assembly Use) Staff Planner Robert Davis
Applicant Property Owner Burrows Family Revocable Trust Public Hearing September 14, 2016 City Council Election District Princess Anne Agenda Item 6 Request Conditional Use Permits (Open-Air Market, Assembly
More informationStaff Planner Jimmy McNamara. Location 3236 Little Island Road GPIN Site Size acres AICUZ Less than 65 db DNL
Applicant/Property Owners Public Hearing March 9, 2016 Election District Princess Anne Agenda Item 5 Requests Floodplain Variance to Section 4.10.B.3 of the Floodplain Ordinance which prohibits residential
More informationRequests Street Closure of an unimproved portion of Road Number 4, located at the rear property line of 1275 Baker Road.
Applicant David N. Reda, Trustee of the First Virginia Land Trust Public Hearing August 10, 2016 City Council Election District Bayside Agenda Items 3 2 & Requests Street Closure of an unimproved portion
More informationRequest Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation Approval. Staff Planner Robert Davis
Applicant & Property Owner Public Hearing January 10, 2018 City Council Election District Beach Agenda Item 2 Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation
More informationADDRESS / DESCRIPTION: Property located near the intersection of Mill Dam Court and First Colonial Road. ELECTION DISTRICT: LYNNHAVEN
August 10, 2011 8 Public Hearing APPLICANT : 1168 ASSOCIATES, LLC, A VA LIMITED LIABILITY COMPANY STAFF PLANNER: Leslie Bonilla REQUEST: Discontinuance, closure and abandonment of a portion of right-of-way
More informationRequests Subdivision Variance To Section 4.4(d) of the Subdivision Ordinance. Staff Planner Kristine Gay
Applicant and Property Owner Public Hearing January 13, 2016 Requests Subdivision Variance To Section 4.4(d) of the Subdivision Ordinance Staff Planner Kristine Gay Location 4201 Atlantic Avenue GPIN 24189660850000
More informationStaff Recommendation Denial. Staff Planner Jonathan Sanders
Applicant Traditional Concepts, LLC & Victory Baptist Church of Virginia Beach, Inc. Property Owner Victory Baptist Church Public Hearing January 9, 2019 City Council Election District Princess Anne Agenda
More informationStaff Recommendation Approval. Staff Planner Robert Davis
Applicant & Property Owner Public Hearing September 13, 2017 City Council Election District Beach Agenda Item 2 Requests Conditional Use Permit (Car Wash Facility) Modification of Conditions (Conditional
More information