2 May 14, 2014 Public Hearing

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1 2 May 14, 2014 Public Hearing APPLICANT & PROPERTY OWNER: CARMAX AUTO SUPERSTORES, INC. STAFF PLANNER: Kevin Kemp REQUEST: Modification of a Conditional Use Permit for Motor Vehicle Sales approved by the City Council on March 25, 2003 ADDRESS / DESCRIPTION: 3789 Bonney Road GPIN: ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 144,449 square feet AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background On March 25, 2003, City Council approved a Change of Zoning on the subject site. The zoning was changed from I-2 Heavy Industrial and B-2 Community Business Districts to Conditional I-2 and B-2 zoning districts. Additionally, a Conditional Use Permit was approved for motor vehicle sales. As a condition of the approval, the site was to be developed in substantial conformance to the site plan that was approved with that application. The area that is subject to the applicant s current request for a modification was labeled future expansion on the approved site plan. Due to the lack of specificity of what future expansion encompassed, the applicant must apply for a modification to the conditions of the original Conditional Use Permit to use the subject site as desired for an overflow vehicle storage lot. Included in the Change of Zoning approved by City Council on March 25, 2003 was a condition that required all internal lot lines of the four sites included in the request be vacated to create one parcel. This was completed; however, the subject site of this request was subdivided out of the larger parcel on October 11, Page 1

2 Details The portion of the site included in this request is undeveloped. A portion of the site contains gravel cover and is currently used for overflow vehicle storage. The applicant is submitting this request to bring the area being used for vehicle storage into compliance with the Zoning Ordinance. The proposed improvements include paving the lot and installing a six-foot tall, solid, all-weather fence with Category I landscaping around its base. This fence will extend around the entire perimeter of the vehicle storage area, as shown on the submitted site plan. The storage area will include two gated access points from the existing parking lot and from Chestnut Avenue. The proposed vehicle storage area will be completed in phases. The first phase will include improving 1.05 acres at the south of the site. This lot will accommodate 165 vehicles. An additional 2.27 acres will be developed at a later date. As the additional area is developed for vehicle storage, it shall be paved and entirely enclosed with a six-foot tall, solid, all-weather fence with Category I landscaping. The proposed vehicle storage lot will be used for vehicles being sold to wholesale car buyers, and is not intended for general customer display. Gates at both access points will restrict access. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site used for motor vehicle storage SURROUNDING LAND USE AND ZONING: North: Bonney Road Vacant Land / B-2 Community Business District South: Interstate 264 Single-family dwellings / R-7.5 Residential District East: Chestnut Avenue Motor Vehicle Sales and Service / B-2 Community Business District & I-1 Light Industrial District West: Motor Vehicle Sales and Service / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is undeveloped. The northern portion of the site is a grass field. The southern portion of the site is gravel. There do not appear to be any natural resource or cultural features on the site. The site is located in the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: The Rosemont SGA Master Plan was adopted as a Comprehensive Plan amendment on September 13, The Rosemont SGA is envisioned as a transit-oriented residential village with complementary mixed use and office (p. 2-29). More specifically, the Rosemont SGA Master Plan identifies the subject property as a Development Initiative -- Carmax Redevelopment site. The plan calls for a townhouse development organized around neighborhood parks and within easy walking distance of a potential transit station (p. 48). Page 2

3 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The Rosemont SGA proposes studying a variety of alternatives for improvements to Bonney Road, which is currently an undivided four-lane urban minor arterial. There are no CIP projects on Bonney Road. TRAFFIC: Street Name Present Volume Present Capacity Bonney Road 16,700 ADT 1 14,800 to 22,800 ADT 1 (Level of Service D ) 27,400 ADT 1 (Level of Service E ) Generated Traffic No change with the proposed use of a storage yard 1 Average Daily Trips EVALUATION AND RECOMMENDATION The applicant s proposed modification to the conditions of the current Use Permit consists of the development of a 3.32-acre site for a storage yard for vehicles awaiting sale. While, as noted in the Comprehensive Plan section, the proposed use is not consistent with the Comprehensive Plan s recommendation for this area of the Rosemont SGA, the existing auto-related operation is consistent with the existing character of the area, and is deemed appropriate as a continued interim use until redevelopment trends of the surrounding area begin to redevelop consistent with the recommendations of the Rosemont SGA Master Plan. Moreover, rather than a comprehensive change in use or redevelopment of the site, the applicant s request is limited to gaining the ability to use an area of the subject site already suited for storage. Consistent with the Comprehensive Plan s Land Use Recommendation and Special Area Development Guidelines, as well as the Zoning Ordinance requirements for screening a bulk storage yard, the applicant will be paving the area used for vehicle storage, as well as installing all-weather, solid fencing with Category I landscaping around the perimeter of the storage area. The proposed development is an improvement from the existing condition of gravel and grass cover. The existing retention pond will be used for stormwater management. Compliance with stormwater regulations will be evaluated in greater detail during the detailed site plan review process. The bulk storage area will have limited access that is controlled by the motor vehicle sales operation, and be used only by wholesale car buyers. For the reasons stated above, staff recommends approval of the requested modification of the Conditional Use Permit, subject to the conditions below. CONDITIONS 1. Condition 1 of the Conditional Use Permit approved by City Council on March 25, 2003 is hereby replaced with the following condition: Page 3

4 With the exception of any modifications required by any of the other conditions listed below or as a result of development site plan review, the development of the site shall substantially conform with the site plan entitled CARMAX STORE NO. 7130, VIRGINIA BEACH, VIRGINIA, MODIFICATION OF CONDITIONS, dated February 28, 2014, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the City Council and is on file in the Planning Department. 2. With the exception of any modifications required by any of the other conditions of this Use Permit or as a result of the development site plan review process, Phase 1 of the development of the storage yard shall substantially conform with the site plan entitled CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO. 7130, SITE PLAN, and further labeled by staff as Phase 1. Said plan is dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc., has been exhibited to City Council, and is on file in the Planning Department. 3. With the exception of any modifications required by any of the other conditions or as a result of the development site plan review process, landscaping for Phase I of the development shall substantially conform to the landscaping plan entitled CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO.7130, PLANT PLAN, dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc. Said plan has been exhibited to City Council, and is on file in the Planning Department. At the time Phase 2 is developed, the perimeter fencing and landscaping said plan shall be installed with Phase The original conditions of the Conditional Use Permit approved by City Council on March 25, 2003, except as herein amended, shall remain in full force and effect. 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 4

5 Conditions of March 25, 2003 Use Permit 1. The development of the site shall substantially conform with the site plan entitled Carmax Store No. 7130, Virginia Beach, Virginia, Preliminary Site Plan dated January 22, 2003 exhibited to City Council and on file in the Planning Department. [REQUESTED FOR MODIFICATION] 2. The building shall be developed in substantial conformance with the rendering entitled Carmax Zoning Elevations dated January 22, 2003 as exhibited to City Council and on file in the Planning Department. 3. The landscaping on the site shall substantially conform with the plan entitles Carmax Store No. 7130, Virginia Beach, Virginia, Landscape Development Plan dated November 12, 2002 exhibited to City Council and on file in the Planning Department. 4. The block wall surrounding the storage area shall be at least 6 feet in height and shall not exceed 8 feet in height. The block wall shall substantially conform to the exhibit entitled Carmax Decorative Screen Wall Detail exhibited to City Council and on file in the Planning Department. 5. A Board of Zoning Appeals variance is required to set the wall back 20 feet from I-264 as shown on the site plan. If the variance is not granted, the wall shall be relocated to the 35-foot setback required in the Zoning Ordinance. 6. All internal lot lines shall be vacated by plat. 7. Except for the masonry wall and parking expansion area shown o the site plan submitted to the Planning Department with this application, no structures or stormwater detention facilities shall be constructed within 65 feet of the current right-of-way of I No outside storage of junk or salvage vehicles shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 9. There shall be no pennants, streamers, banners, balloons or searchlights displayed on the site at any time. 10. The applicant shall install Category I landscaping on the east side of the wall enclosing the area designated Non-Saleable, 3.25 ac. On the plan referenced in Condition 1. CONDITIONS OF PREVIOUSLY APPROVED USE PERMIT Page 5

6 AERIAL OF SITE LOCATION Page 6

7 PROPOSED SITE PLAN (Condition 1) Page 7

8 PROPOSED SITE PLAN- FIRST PHASE (Condition 2) Page 8

9 PROPOSED LANDSCAPING PLAN- FIRST PHASE (Condition 3) Page 9

10 PROPOSED PARKING PLAN- FIRST PHASE Page 10

11 ZONING HISTORY # DATE REQUEST ACTION 1 02/11/2014 Modification of Conditional Use Permit (Automobile Repair) Approved 12/14/2004 Conditional Use Permit (Automobile Repair) Approved 09/28/2004 Modification of Conditional Use Permit (Automobile Repair) Approved 09/28/2004 Conditional Use Permit (Motor Vehicle Rental) Approved 09/09/2003 Conditional Use Permit (Motor Vehicle Sales) Approved 09/09/2003 Change of Zoning (I-1 to B-2) Approved 12/10/2002 Conditional Use Permit (Motor Vehicle Sales) Approved 06/05/2001 Conditional Use Permit (Automobile Repair) Approved 2 06/22/2010 Conditional Use Permit (Tattoo Parlor) Approved 3 12/01/2009 Conditional Use Permit (Motor Vehicle Sales & Service) Approved 4 03/25/2003 Conditional Use Permit (Motor Vehicle Sales) Approved 03/25/2003 Change of Zoning (I-2 to Conditional B-2) Approved 08/08/1988 Conditional Use Permit (Communications Tower) Approved 07/05/1988 Conditional Use Permit (Automobile Repair) Approved 5 09/28/2003 Conditional Use Permit (Mausoleum Cemetery) Approved 09/28/2003 Change of Zoning (B-2 to O-1) Approved 6 07/13/1993 Conditional Use Permit (Motor Vehicle Rental) Approved 10/30/1989 Conditional Use Permit (Automobile Repair) Approved Page 11

12 DISCLOSURE STATEMENT Page 12

13 DISCLOSURE STATEMENT Page 13

14 DISCLOSURE STATEMENT DISCLOSURE STATEMENT Page 14

8 March 11, 2015 Public Hearing

8 March 11, 2015 Public Hearing APPLICANT: ST. JAMES MISSIONARY CHURCH STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Conditional Use Permit (Religious Use) for a temporary portable structure