Staff Recommendation Approval. Staff Planner Robert Davis

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1 Applicant Property Owner Reed Enterprises, Inc. Public Hearing November 8, 2017 City Council Election District Princess Anne Agenda Item D1 Request Conditional Use Permit (Bulk Storage Yard) Modification of Conditions (Conditional Use Permit approved by City Council on May 16, 2017 for Automobile Repair Garage) Staff Recommendation Approval Staff Planner Robert Davis Location 3249 Dam Neck Road GPIN Site Size 1.92 acres AICUZ db DNL; APZ 2 Watershed Southern Rivers Existing Land Use and Zoning District Automobile repair & sales / Conditional B-2 Community Business Surrounding Land Uses and Zoning Districts North Automobile repair and fuel sales / Conditional B-2 Community Business South Single-family dwelling / AG-2 Agricultural East Holland Road Animal shelter / I-1 Light Industrial West Dam Neck Road Single-family dwellings / R-5D Residential Page 1

2 Background and Summary of Proposal Three Conditional Use Permits have been approved on this site by City Council, the first in February 2005 for an Auto Repair Establishment, the second in July 2016 for Motor Vehicle Sales and Rentals, and the most recent one in May 2017 for an Automobile Repair Garage in order to install a recently acquired paint booth within the existing building. A condition limiting the Automobile Repair Garage to three years was recommended by Planning Commission and later approved by City Council. The subject site is now under contract to be sold to the applicant who is therefore requesting to eliminate Condition #6 which states that the Automobile Repair Garage use shall expire within three (3) years of the approval or upon the opening of the Automobile Repair Garage on the adjacent property, whichever occurs first. In essence, the property owner is requesting that the paint booth that was approved with a limit of three years on this site be permitted to remain over the long term. In exchange, the property owner, who also owns the adjacent parcel to the east which was approved in 2013 by City Council for a Conditional Use Permit for an Automobile Repair Garage, has submitted a Modification of Conditions requesting to remove the repair garage (paint booth) use from that site. At the time of the approval, the property owner intended to develop an automobile repair garage on the adjacent site as a complement to his existing automobile repair facility. However, the site has not been developed and now it is the property owner s intent to develop a business use that does not include automobile repair. That request, scheduled to be heard by the Planning Commission in November 2017, is not part of this application. The applicant is also requesting a Conditional Use Permit for a Bulk Storage Yard for vehicles that are dropped off for repair. Section 228 of the City Zoning Ordinance requires that a bulk storage yard be screened with Category VI landscaping, which includes a solid fence not less than six feet in height with evergreen shrubs installed along the exterior of the fence. The applicant requests a deviation to the Category VI requirement for the storage yard. The submitted plan depicts the proposed bulk storage yard within the existing parking lot, to the rear of the building. The storage area will be enclosed with a six-foot high, solid, white vinyl fence. There is an existing six-foot high, solid, white vinyl fence with trees planted inside the fence line, which will serve to screen a portion of the storage area. A stormwater management pond surrounded by shrubs is located adjacent to the eastern property line, and will provide separation and distance to the B-2 property to the south. An existing auto service station with fuel sales is adjacent to the north. A new fence is proposed along a portion of the northern property line that, along with the existing interior parking lot plantings, will also aid in screening the storage yard. The submitted elevations depict minor changes to the exterior of the building, which includes the installation of three new service doors on the south side and two access doors; one on the south side and one on the north side, to provide access to an interior drive aisle through the building. The applicant has indicated that vehicles will no longer be offered for sale, as permitted under the 2016 Conditional Use Permit for Motor Vehicle Sales and Rentals. However, it is the applicant s desires to retain the Conditional Use Permit in order to provide vehicles for rent to their customers awaiting repairs. Page 2

3 The site is in the db Ldn Noise Zone and Accident Potential Zone (APZ) 2 surrounding NAS Oceana. The proposed use is compatible with Section 1804 of the Zoning Ordinance, in regard to the Noise Zone and the APZ. There is a restrictive covenant and easement on this property that is owned by the United States Department of the Navy. The Navy has reviewed the proposal and deemed it compatible, as depicted on page 16 of this report, with the uses permitted in such an easement and with naval flight operations. CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Comprehensive Plan Recommendations 4Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure Zoning History # Request 1 CUP (Automobile Repair Garage) Approved 05/16/2017 CUP (Motor Vehicle Sales & Rentals) Approved 07/05/2016 CRZ (AG-2 to Conditional B-2) Approved 02/22/2005 CUP (Auto Repair Establishment) Approved 02/22/ MOD Approved 12/08/2015 CRZ (AG-2 to Conditional B-2) Approved 10/08/2013 CUP (Auto Repair Garage & Bulk Storage Yard) Approved 10/08/ CUP (Animal Shelter) Approved 05/28/ CRZ (AG-2 to Conditional B-2) Approved 07/03/2001 CUP (Auto Service Station) Approved 07/03/ MOD Approved 10/09/2001 REZ (R-5D to I-1) Approved 09/14/ CUP (Communication Tower) Approved 02/23/ REZ (O-2 to I-1) Approved 02/14/ CUP (Communication Tower) Approved 06/09/1998 REZ (AG-1 to I-1) Approved 12/05/1983 CUP (Bulk Storage Yard) Approved 12/05/1983 FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan s primary guiding principle for the Suburban Area is to create Great Neighborhoods, and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts This property is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There do not appear to be any significant natural or cultural resources on the site as it is developed with an automobile business. Page 3

4 Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation Consistent with Staff s position in 2016, the requests for a Modification of Conditions for the removal of the three year time limit for the Automobile Repair Garage for the paint booth, as well as a new Conditional Use Permit for a Bulk Storage Yard are deemed acceptable. In Staff s opinion, the requests are compatible with the auto service uses in the vicinity. The minor modifications to the building will not impact the existing high quality exterior. Additionally, as with the existing services offered, no repair work is proposed or will be permitted outside of the building. In Staff s view, the removal of the three year time limit will not have an adverse impact on any of the surrounding properties, as the paint booth will be virtually undetectable from the rights-of-way. The existing and proposed plant material and fencing will sufficiently screen the bulk storage yard from the rights-of-way and from the adjacent residential use to the south. Section 228 of the City Zoning Ordinance requires that a bulk storage yard be screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required setbacks, landscaping, height, lot area requirements, and lot coverage. The City Council may allow such deviations for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties. Staff concludes that the deviation will not adversely impact the adjacent properties. For the reasons stated above, Staff recommends approval of this request, subject to the conditions below. Recommended Conditions The conditions of the 2016 and 2005 Conditional Use Permits for Motor Vehicle Sales and Rentals and Auto Repair Establishment shall remain in effect. The Conditions of the Conditional Use Permit for an Automobile Repair Garage on May 16, 2017 are hereby deleted and replaced with the following conditions: 1. The development of the site shall substantially conform to the submitted layout entitled Modifications of Conditions Plan Dam Neck Car Care Service Center, S. W. Intersection of Dam Neck & Holland Road for McNeel Properties, LLC, Virginia Beach, Virginia prepared by Land Design and Development, Inc., dated 07/27/17 and as depicted on page 6 of this report, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. Architectural design and colors shall conform with the exhibit entitled, Neal Reed Project Auto Service Center Holland Road & Dam Neck Road Virginia Beach, Virginia prepared by Neil E. Bristow Architect, dated 06/21/05 and as depicted on page 7 of this report. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. No outside storage of equipment, parts, tires, merchandise or materials shall be permitted on the site. 4. Vehicles in a state of obvious disrepair shall only be stored inside the building or within the Bulk Storage Yard. 5. All motor vehicle repairs and painting shall only take place inside the building. Page 4

5 6. Vehicles in the Bulk Storage Yard shall be parked in an orderly fashion. 7. The deviation to the required Category VI is approved for the Bulk Storage Yard, as described herein. Existing plant material and fencing along the southern property line shall be maintained where it exists in order to provide an equal or greater amount of screening required by a Category VI buffer. 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 Proposed Site Layout Dam Neck Road Proposed Fence Building Exterior Proposed Storage Yard Proposed Fence Existing Fence and Trees Page 6

7 Proposed Elevation Modifications Page 7

8 Site Photos Page 8

9 Disclosure Statement X X Page 9

10 Disclosure Statement Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement South State Bank Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement X Page 14

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16 Letter of Easement Compliance Page 16