THE CITY OF NORFOLK

To the Honorable Council November 6, 2018 City of Norfolk,

From: Leonard M. Newcomb III, CFM, Acting Planning Director

Subject: Norview Realty, LLC, for the following Conditional Use Permits at 3542 N. Military Highwpti---- a. .6 tomobile sales b. Automobile repair and maintenance, major

Reviewed: Ward/Superward: 4/7 W -f Deputy City Manager Approved: Item Number: C-5 Douglasli. S ith, City Manager

I. Staff Recommendation: Approval.

II. Planning Commission Recommendation: By a vote of 5 to 0, the Planning Commission recommends Approval.

III. Request: Conditional Use Permits: a. Automobile sales b. Automobile repair and maintenance, major

IV. Applicant: Norview Realty, LLC

V. Description: • The property is located on the east side of N. Military Highway north of the intersection with Azalea Garden Road. • This request would allow an automobile sales and repair business to operate from the site, which was formerly developed as a Wendy's fast food restaurant. • The proposed hours of operation are from 8:00 a.m. to 5:00 p.m., seven days a week. • One of the two existing driveways accessing N. Military Highway will be removed and replaced with curb, gutter, sidewalks, and landscaping. • As part of the conditions of the Conditional Use Permit, a sidewalk will be required along the N. Military Highway frontage. • As a new development, it will have to complete the Site Plan Review Process with all the standards set forth in the Zoning Ordinance.

810 UNION STREET, SUITE 1101 8 NORFOLK VIRGINIA 23510 ii 757-664-4242 www.norfokgov VI. Historic Resources Impacts: N/A

VII. Public Schools Impacts: N/A

Staff contact: Chris Whitney at (757) 823-1253, [email protected]

Attachments: • Proponents and Opponents • Staff Report to CPC dated October 25, 2018 with attachments • Ordinance THE CITY OF

NoRF OLK, CITY PLANNING

City Planning Commission Public Hearing: October 25, 2018 Executive Secretary: Leonard M. Newcomb, Ill, CFM ji4/1 KJ* Staff Planner: Chris Whitney, CZA, CFMC6

Staff Report Item No. 6

Address 3542 N. Military Highway Applicant Norview Realty, LLC

Conditional Use Automobile sales Request Permits Automobile repair and maintenance, major Property Owner Legacyl, LLC Site/Building Area 30,864 sq. ft./3,630 sq. ft. (proposed) Future Land Use Commercial Site Map Characteristics Current Zoning C-C (Community Commercial) Neighborhood Azalea Acres/Azalea Lakes Character District Suburban North C-C: Patriot Auto Sales Surrounding East SF-6 (Single-Family): Single-family homes Area South C-C: Certified Motors automobile sales C-C: Enterprise Rent-A-Car, Eastern Auto automobile West sales

' k . e • t , 'Elk • -..-- .... ,

- .. . ' 60 , qiv..•*?' :40 4.40 e. d> ..

* if. '4:P `...k * -• . AV -,•'" .i4lIka'

i aieAV 7.-3--

1

It ''' . k. . , A. Summary of Request • The property is located on the east side of N. Military Highway north of :he intersection with Azalea Garden Road. • This request would allow an automobile sales and repair business to oj ierate from the site, which was formerly developed as a Wendy's fast food restaurant.

B. Plan Consistency The proposed Conditional Use Permit is consistent with plallorfolk2030, w hich designates this site as Commercial.

C. Zoning Analysis i. General • The site is zoned C-C, which permits these uses with a Conditional Usi Permit. • The applicant also plans to provide an automobile rental component to the business operation. o A Conditional Use Permit is not required for this use if there ar e no more than 25 for-rent vehicles stored at any one time.

Proposed 8:00 a.m. until 5:00 Hours of Operation Seven days a wee

ii. Parking • Required parking in the Suburban Character District: o Automobile sales = one space per 500 square feet of enclose d building area plus three parking spaces per bay. o Automobile rental = one space per 500 square feet of enclosed building area. o Automobile repair and maintenance, major = three spaces per bay. • The building is 3,630 square feet (660 square feet of office space fo - the auto sales and rental operations) and has 6 service bays, which requires 20 tota parking spaces for the auto sales, rental, and repair operations (exclusive of part sing for vehicle inventory). o A conceptual plan depicting customer parking and parking for the dis play of vehicles, vehicles for rental, and vehicles for service is included and will be en forced as a part of the Conditional Use Permit conditions of approval. o 57 spaces will be provided, 20 of which will be available for customer parking.

iii. Flood Zone The property is located in the X (Low to Moderate) Flood Zone, which is a low-risk flood zone. D. Transportation Impacts • Institute of Transportation Engineers (ITE) figures estimate that the proposed new automobile sales and repair use will generate 52 vehicle trips per day. • N. Military Highway adjacent to the site is identified as a severely congested corridor in the current update to regional Congestion Management analysis. • The site is near transit service with bus route 15 (Military) operating near to the site. • N. Military Highway adjacent to the site is not an identified priority corridor in the City of Norfolk Bicycle and Pedestrian Strategic Plan.

E. Historic Resources Impacts N/A

F. Environmental Impacts • One of the two existing driveways accessing N. Military Highway will be removed and replaced with curb, gutter, sidewalks, and landscaping. • As part of the conditions of the Conditional Use Permit, a sidewalk will be required along the N. Military Highway frontage. • As a new development, it will have to complete the Site Plan Review Process with all the standards set forth in the Zoning Ordinance. o Through the City's Site Plan Review process, all applicable erosion and sediment control, floodplain, buffering, screening, lighting and any other environmental requirements, including all stormwater management provisions, will be addressed prior to issuance of building permits.

G. AICUZ Impacts N/A

H. Impact on Surrounding Area/Site • The site is located along a major commercial corridor with residential uses immediately to the rear of the site. o The conditions of this Conditional Use Permit require perimeter buffers around the entire site, including a 10-foot buffer between the property and the single-family residential to the rear and a 6-8 foot opaque fence or wall. • The conceptual site plan submitted by the applicant addresses all Zoning Ordinance requirements for an automobile related site and can be modified during the Site Plan Review process if additional site improvements are required.

I. Payment of Taxes The owner of the property is current on all taxes. J. Civic League • Notice was sent to the Azalea Acres/Azalea Lakes Civic League on September 11. • The applicant hosted a Neighborhood Meeting on September 4.

K. Communication Outreach/Notification • Legal notice was posted on the property on September 18. • Letters were mailed to all property owners within 300 feet of the property on October 11. • Legal notification was placed in The Virginian-Pilot on October 11 and 18.

L. Recommendation Staff recommends that the Conditional Use Permit requests be approved subject to the conditions shown below:

Automobile Sales — Conditions

(a) The hours of operation for the facility shall be from 8:00 a.m. until 5:00 p.m., seven days a week. No use of the facility outside of the hours of operation listed herein shall be permitted.

(b) The site shall conform with and maintain the following site conditions and no business license shall be issued until the following conditions have all been implemented fully on the site:

i. The site shall be developed in accordance with the conceptual site plan prepared by American Engineering, dated October 5, 2018, attached hereto and marked as "Exhibit A," subject to any revisions required by the City to be made during the Site Plan Review and building permit plan review processes.

ii. A sidewalk shall be installed along the N. Military Highway frontage.

iii. A 10-foot wide perimeter buffer with a six (6)-to-eight (8)-foot opaque fence or wall shall be maintained along the rear property line where shown on the attached site plan, "Exhibit A," in accordance with section 5.3, "Perimeter Buffers," of the Zoning Ordinance.

iv. A 6-foot wide perimeter buffer shall be maintained along the side property lines where shown on the attached site plan, "Exhibit A," in accordance with section 5.3, "Perimeter Buffers," of the Zoning Ordinance.

v. The nonconforming, freestanding sign along N. Military Highway shall be removed.

vi. The parking lot shall be striped in accordance with attached site plan, marked as "Exhibit A," and attached hereto, subject to any revisions required by the City to be made during the Site Plan Review process. vii. Landscaping shall be installed and maintained in accordance with a landscaping plan approved by the Department of Recreation, Parks, and Open Space. The property owners and their agents shall be responsible for providing, protecting, and maintaining all landscaping in a healthy and growing condition, replacing dead or damaged vegetation, and keeping all landscaped areas free of refuse and debris.

viii. An oil/water separator or other device approved by the city's Department of Public Works sufficient to capture leaks or spills related to the operation of the facility shall be installed and a hazardous materials management plan shall be prepared and submitted to the Department of City Planning detailing the methods to be employed on the property in order to minimize the infiltration into groundwater or surface waters of petroleum-based materials or other waste associated with the dispensing and handling of fuel or other potentially hazardous liquids.

ix. If a refuse container is situated on the site, it shall be positioned in a location that does not interfere with access to any parking space, impede use of vehicular drive aisles, or encroach into any required buffer yard or setback and conform with requirements of section 5.4 of the Norfolk Zoning Ordinance, which includes a solid masonry enclosure to be installed.

x. Landscaping shall be installed and maintained at the base of any freestanding sign in accordance with the provisions of section 5.7.6.A(3) of the Norfolk Zoning Ordinance.

xi. On-site lighting shall be directed and shielded so as to not cast glare onto any adjacent residential properties or public right-of-way.

xii. There shall be no razor wire permitted on the site and any existing razor wire shall be removed.

xiii. All ground level and rooftop mechanical equipment shall be fully screened from view from public streets.

(c) There shall be no more than one vehicle display pad for every 100 feet of street frontage. A vehicle display pad shall not exceed 5,000 square feet in area and may be elevated up to two feet above adjacent displays or ground level.

(d) No vehicles or other similar items shall be displayed on the top of a building.

(e) No materials for sale other than vehicles shall be displayed between the principal structure and the adjoining street.

(f) Installation operations shall be conducted in an enclosed building with no outdoor storage.

(g) The demolition or junking of motor vehicles is prohibited. (h) Vehicles shall not be parked or stored as a source of parts or for the purpose of sale or lease/rent.

(i) Car wash and auto detailing performed on the site shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

(j) No more than twenty-five (25) for-rent vehicles shall be stored at any one time without first obtaining a Conditional Use Permit.

(k) Notwithstanding any other regulations pertaining to temporary window signage within section 5.7 of the Norfolk Zoning Ordinance, no less than 85% of the glass areas of the ground floor of the building shall be transparent as defined in the Zoning Ordinance.

(I) All service areas and areas for storing vehicles awaiting service shall be screened from view from the public right-of-way. Vehicles awaiting service shall be parked in a designated location either on-site or in a designated and approved location off-site. Such vehicles shall not be parked in any public right-of-way.

(m) All vehicles parked on site, including those parked for display purposes, shall be parked on a hard-paved surface, and shall not encroach into required buffer yards. The establishment shall provide standard commercial entrances, approved by the Department of Public Works, for all vehicular access points accessing a public road.

(n) A safety curb shall be installed around the perimeter of all paved areas.

(o) The use of temporary signs shall comply with section 5.7 of the Norfolk Zoning Ordinance. The use of feather flags, pennants, and streamers is prohibited.

(p) There shall be no signage, flags or banners visible from any public right-of-way affixed to the automobiles being displayed for sale.

(q) Test driving of the vehicles shall not occur within the neighborhood located in the vicinity of the site.

(r) All storage, display and parking of vehicles shall adhere to the parking and circulation plan, as prepared by American Engineering, dated October 5, 2018, attached hereto and marked as "Exhibit A," subject to any revisions required by the City to be made during the Site Plan Review process.

(s) No parking of any vehicles used for storage, display, or offered for sale or resale shall be permitted anywhere on the property other than in those areas identified on the proposed site plan attached hereto and marked as "Exhibit A."

(t) There shall be no storage of wrecked or inoperative vehicles in the building or on the property without a work order or an insurance claim form.

(u) No exterior storage, placement or any otherwise display of tires or other vehicle parts is allowed.

(v) Transportable portable storage units (shipping containers) shall not be utilized for tire storage.

(w) During all hours of operation the establishment operator shall be responsible for maintaining the property, those portions of public rights-of-way improved by sidewalk, and those portions of any parking lot adjacent to and used by customers of the premises regulated by the Special Exception so at to keep such areas free of litter, refuse, and both solid and liquid waste.

(x) The property shall be kept in a clean and sanitary condition at all times.

(y) The establishment shall maintain a current, active business license at all times while in operation.

Automobile Repair and Maintenance, Major — Conditions

(a) The hours of operation for the facility shall be from 8:00 a.m. until 5:00 p.m., seven days a week. No use of the facility outside of the hours of operation listed herein shall be permitted.

(b) The site shall conform with and maintain the following site conditions and no business license shall be issued until the following conditions have all been implemented fully on the site:

i. The site shall be developed in accordance with the conceptual site plan prepared by American Engineering, dated October 5, 2018, attached hereto and marked as "Exhibit A," subject to any revisions required by the City to be made during the Site Plan Review and building permit plan review processes.

ii. A sidewalk shall be installed along the N. Military Highway frontage.

iii. A 10-foot wide perimeter buffer with a six (6)-to-eight (8)-foot opaque fence or wall shall be maintained along the rear property line where shown on the attached site plan, "Exhibit A," in accordance with section 5.3, "Perimeter Buffers," of the Zoning Ordinance.

iv. A 6-foot wide perimeter buffer shall be maintained along the side property lines where shown on the attached site plan, "Exhibit A," in accordance with section 5.3, "Perimeter Buffers," of the Zoning Ordinance. v. The nonconforming, freestanding sign along N. Military Highway shall be removed.

vi. The parking lot shall be striped in accordance with attached site plan, marked as "Exhibit A," and attached hereto, subject to any revisions required by the City to be made during the Site Plan Review process.

vii. Landscaping shall be installed and maintained in accordance with a landscaping plan, approved by the Department of Recreation, Parks, and Open Space. The property owners and their agents shall be responsible for providing, protecting, and maintaining all landscaping in a healthy and growing condition, replacing dead or damaged vegetation, and keeping all landscaped areas free of refuse and debris.

viii. An oil/water separator or other device approved by the city's Department of Public Works sufficient to capture leaks or spills related to the operation of the facility shall be installed and a hazardous materials management plan shall be prepared and submitted to the Department of City Planning detailing the methods to be employed on the property in order to minimize the infiltration into groundwater or surface waters of petroleum-based materials or other waste associated with the dispensing and handling of fuel or other potentially hazardous liquids.

ix. If a refuse container is situated on the site, it shall be positioned in a location that does not interfere with access to any parking space, impede use of vehicular drive aisles, or encroach into any required buffer yard or setback and conform with requirements of section 5.4 of the Norfolk Zoning Ordinance, which includes a solid masonry enclosure to be installed.

x. Landscaping shall be installed and maintained at the base of any freestanding sign in accordance with the provisions of section 5.7.6.A(3) of the Norfolk Zoning Ordinance.

xi. On-site lighting shall be directed and shielded so as to not cast glare onto any adjacent residential properties or public right-of-way.

xii. There shall be no razor wire permitted on the site and any existing razor wire shall be removed.

xiii. All ground level and rooftop mechanical equipment shall be fully screened from view from public streets.

(c) Installation operations shall be conducted in an enclosed building with no outdoor storage.

(d) The demolition or junking of motor vehicles is prohibited.

(e) Vehicles shall not be parked or stored as a source of parts or for the purpose of sale or lease/rent. (f) Car wash and auto detailing performed on the site shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

(g) No more than twenty-five (25) for-rent vehicles shall be stored at any one time without first obtaining a Conditional Use Permit.

(h) Notwithstanding any other regulations pertaining to temporary window signage within section 5.7 of the Norfolk Zoning Ordinance, no less than 85% of the glass areas of the ground floor of the building shall be transparent as defined in the Zoning Ordinance.

(i) All service areas and areas for storing vehicles awaiting service shall be screened from view from the public right-of-way. Vehicles awaiting service shall be parked in a designated location either on-site or in a designated and approved location off-site. Such vehicles shall not be parked in any public right-of-way.

(j) All vehicles parked on site, including those parked for display purposes, shall be parked on a hard-paved surface, and shall not encroach into required buffer yards. The establishment shall provide standard commercial entrances, approved by the Department of Public Works, for all vehicular access points accessing a public road.

(k) A safety curb shall be installed around the perimeter of all paved areas.

(I) The use of temporary signs shall comply with section 5.7 of the Norfolk Zoning Ordinance. The use of feather flags, pennants, and streamers is prohibited.

(m) Test driving of the vehicles shall not occur within the neighborhood located in the vicinity of the site.

(n) There shall be no storage of wrecked or inoperative vehicles in the building or on the property without a work order or an insurance claim form.

(o) No exterior storage, placement or any otherwise display of tires or other vehicle parts is allowed.

(p) Transportable portable storage units (shipping containers) shall not be utilized for tire storage.

(q) During all hours of operation the establishment operator shall be responsible for maintaining the property, those portions of public rights-of-way improved by sidewalk, and those portions of any parking lot adjacent to and used by customers of the premises regulated by the Special Exception so at to keep such areas free of litter, refuse, and both solid and liquid waste.

(r) The property shall be kept in a clean and sanitary condition at all times. (s) The establishment shall maintain a current, active business license at all times while in operation.

Attachments: Conditional Use Permit Review Standards Overview map Location map Zoning map Application Conceptual Elevations Notification list of all property owners within 300 feet of the site Notice to the Azalea Acres/Azalea Lakes Civic League Summary of Applicant-Hosted Neighborhood Meeting Proponents and Opponents

Proponents John Arney - Applicant 3542 N. Military Highway Norfolk, VA 23518

Opponents None 10/25/2018 lds

Form and Correctness Approved: Contents Approved:

By 6(i1 4-- Office of the City Attorney NORFOLK, VIRGINIA

ORDINANCE No.

AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO AUTHORIZE THE OPERATION OF AN ESTABLISHMENT FOR AUTOMOBILE SALES AND MAJOR AUTOMOBILE REPAIR AND MAINTENANCE NAMED "NORVIEW REALTY, LLC" ON PROPERTY LOCATED AT 3542 NORTH MILITARY HIGHWAY.

BE IT ORDAINED by the Council of the City of Norfolk:

Section 1:- That conditional use permits are hereby granted authorizing the operation of the following principal and accessory uses.

(a) Automobile sales (principal use)

(b) Automobile repair and maintenance, major (principal use)

Section 2:- That the full extent of the property where the permit described above is hereby made effective, upon the date set forth below, is described as follows:

Property fronts 150 feet, more or less, along the eastern line of North Military Highway beginning 426 feet, more or less, from the northern line of Azalea Garden Road and extending northwardly; premises numbered 3542 North Military Highway.

Section 3:- That the conditional use permit or permits granted herein shall be subject to all of the general conditions set forth in section 2.4.8.D of the Norfolk Zoning Ordinance and all of the following additional conditions, requirements, and limitations:

(a) The operation of the principal uses of Automobile sales and Automobile repair and maintenance, major, must be conducted in accordance with the applicable performance standards that are set forth in section 4.2.3.F(8) of the Norfolk Zoning Ordinance at the time of adoption of this ordinance.

(b) The following improvements shall be constructed or installed and maintained on the site and no business license shall be issued until these improvements have been fully implemented:

(1) The site shall be developed in accordance with the conceptual site plan prepared by American Engineering, dated October 5, 2018, attached hereto and marked as "Exhibit A," "Site Plan")subject to any revisions required by the City to be made during the Site Plan Review and building permit plan review processes.

(2) A sidewalk shall be installed adjacent to the property along all abutting portions of North Military Highway frontage.

(3) A 10-foot wide buffer with an opaque fence not less than six (6) feet and not greater than eight (8) feet high shall be installed and maintained along the rear property line where shown on the Site Plan in accordance with the applicable requirements of section 5.3 of the Norfolk Zoning Ordinance.

(4) A perimeter buffer not less than six (6) feet wide shall be installed and maintained along the side property lines where shown on the Site Plan in accordance with the applicable requirements of section 5.3 of the Norfolk Zoning Ordinance.

(5) The nonconforming, freestanding sign located on the property facing North Military Highway shall be removed.

(6) The parking lot shall be striped in accordance with the Site Plan, subject to any revisions required by the City to be made during the Site Plan Review process.

(7) Landscaping shall be installed and maintained in accordance with a landscaping

2 plan approved by the Department of Recreation, Parks, and Open Space. The property owner or the operator of the uses approved by this ordinance shall be responsible for providing, protecting, and maintaining all landscaping in a healthy and growing condition, replacing dead or damaged vegetation, and keeping all landscaped areas free of refuse and debris.

(8) If a refuse container is situated on the site, it shall be positioned in a location that does not interfere with access to any parking space, impede use of vehicular drive aisles, or encroach into any required buffer yard or setback and conform with requirements of section 5.4 of the Norfolk Zoning Ordinance, including the installation of a solid, masonry enclosure.

(9) Landscaping shall be installed and maintained at the base of any freestanding sign in accordance with the provisions of section 5.7.6.A(3) of the Norfolk Zoning Ordinance.

(c) On-site lighting shall be directed and shielded so as to not cast glare onto any adjacent residential properties or public right-of-way.

(d) There shall be no razor wire permitted on the site and any existing razor wire shall be removed.

(e) No more than twenty-five (25) for-rent vehicles shall be stored at any one time.

(f) Notwithstanding any other regulations pertaining to temporary window signage within section 5.7 of the Norfolk Zoning Ordinance, no less than 850 of the glass areas of the ground floor of the building shall be transparent as defined in the Zoning Ordinance.

(g) The use of temporary signs shall comply with section 5.7 of the Norfolk Zoning Ordinance. The use of feather flags, pennants, and streamers is expressly prohibited.

3 (h) Test driving of the vehicles shall not occur within the neighborhood located in the vicinity of the site.

(i) No exterior storage, placement or any otherwise display of tires or other vehicle parts is allowed.

(j) Transportable portable storage units (shipping containers) shall not be utilized for tire storage.

(k) During all hours of operation, the establishment operator shall be responsible for maintaining those portions of public rights-of-way improved by sidewalk and portions of any parking lot adjacent to the premises regulated by the conditional use permit so at to keep such areas free of litter, refuse, and both solid and liquid waste.

(1) The property shall be kept in a clean and sanitary condition at all times.

(m) The establishment shall maintain a current, active business license at all times while in operation.

(n) No materials for sale other than vehicles shall be displayed between the principal structure and the adjoining street.

(o) There shall be no signage, flags or banners visible from any public right-of-way affixed to the automobiles being displayed for sale.

(p) All storage, display and parking of vehicles shall adhere to the parking and circulation plan as shown on the Site Plan, subject to any revisions required by the City to be made during the Site Plan Review process.

(q) No parking of any vehicles used for storage, display, or offered for sale or resale shall be permitted anywhere on the property other than in those areas identified on the Site Plan.

4 Section 4:- That the City Council hereby determines that the conditional use permit or permits granted herein comply with each of the standards set forth in section 2.4.8.0 of the Norfolk Zoning Ordinance.

Section 5:- That this ordinance shall be in effect from the date of its adoption.

ATTACHMENT: Exhibit A (1 page)

5 NORVIEW REALTY

PARKING FOR SALES, RENTAL, SERVICE

EMPLOYEE PARKING

CUSTOMER PARKING ,Le.r Wo•—;•!. ,111141.

PROPOSED AUTO REPAIR

33' X 110 3,630 SF (TOTAL) Palo MON amend Of Dream by MAXIMUM OF 24 SPACES bane. 10/ I./ NIS FOR RENTAL CARS OFFICE gar 1 ,10 AVM Carefleallem 11155. WO.... • 00900111.

LANDSCAPE SCREENING

CONCEPT LAYOUT PLAN 007

Shaml • Cl — NORVIEW REALTY Onto& 10/19/2019 4:10 rid r Val 11V111090 - 3542 n oreftrylwrAetts,..14.1nanr,... 2.4.8.C. CONDITIONAL USE PERMIT REVIEW STANDARDS

A Conditional Use Permit may be approved if the applicant demonstrates that the proposed conditional use:

1) Is consistent with the purposes, goals and policies of the comprehensive plan and other applicable city-adopted plans;

2) Complies with all applicable zoning district-specific standards in Article 3. Zoning Districts;

3) Complies with all applicable use-specific standards in Article 4. Performance Standards;

4) Complies with all applicable development and design standards in Article 5. Development Standards;

5) Complies with all relevant subdivision and infrastructure standards in Chapter 42.5 of City Code;

6) Is appropriate for its location and is compatible with the general character of surrounding lands and the types, scale, and intensity of uses allowed in the zoning district where proposed;

7) Adequately screens, buffers, or otherwise minimizes adverse visual impacts on adjacent lands;

8) Avoids significant adverse odor, noise, glare, and vibration impacts on surrounding lands regarding refuse collection, service delivery, parking and loading, signs, lighting, night-time activity, and other site elements;

9) Avoids significant deterioration of water and air resources, scenic resources, and other natural resources;

10) Maintains safe and convenient ingress and egress and traffic flow onto and through the site by vehicles and pedestrians, and safe road conditions around the site;

11) Is served adequately by essential public facilities and services such as streets, public utilities, drainage structures, police and fire protection, refuse disposal, parks, libraries, and schools;

12) Maintains adequate parking, loading and other necessary facilities to serve the proposed use;

13) Will not substantially diminish or impair the value of the land within the neighborhood in which it is located.

14) Will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various Conditional Use Permits of all types on the immediate neighborhood and the effect of the proposed type of Conditional Use Permit on the city as a whole;

15) Complies with all other relevant city, state and federal laws and standards; and

16) Is required by the public necessity, convenience, general welfare, or good zoning practice.

Application Conditional Use Permit Auto Related Uses (Please print) Date August 28, 2018

Type of Auto Related Use: Auto Dealership/ Auto Repair/ Auto Service

DESCRIPTION OF PROPERTY

Address: 3542 N. Military Highway, Norfolk, VA 23518

Existing Use of Property: Fast Food Restaurant (Building Demolished)

Proposed Use: Auto Dealership/ Auto Repair/ Auto Service

Current Building Square Footage: 0 S.F. Proposed Building Square Footage: 3,300 S.F.

Trade Name of Business (if applicable): Norview Realty, LLC

APPLICANT*

1. Name of applicant: (Last) Miller (First) Michael (Ml)

Mailing address of applicant (Street/P.O. Box): 3554 N. Military Highway

(City): Norfolk (State): Virginia (Zip Code): 23518

Daytime telephone number of applicant: F57) 633 - 7757

E-mail address: [email protected]

AUTHORIZED AGENT* (if applicable) American Engineering

2. Name of applicant: (Last) Martin (First) Brad (Ml) D

Mailing address of applicant (Street/P.O. Box): 448 Viking Drive, Suite 170

(City): Virginia Beach (State): Virginia (Zip Code): 23452

Daytime telephone number of applicant: (751 468 - 6800 Fax (757) 468 - 4966

E-mail address: [email protected]

DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 -r J Conditional Use Permit - Auto Related Uses glee 2

110Mcmnarrir emommory LiEgotryll

VA affilre RITtIllpertg MIUMftlr: 0210* OR:11154 AWL_

Mailing address of property owner (Street/P.O. lox),: 6966 Kyleaidn Ct.

foto: Masan ism*: Vregkika codo 221gon

naiethisne tleilegairome tErvanlitesr ant ter: ))

azidtTessz,

aggilizaWawrithelaverkt avow iis Wist or Ciamptilliwa., ikadkatie mane olf etegiresellgatioze andfor ad partners)

CAPPC ILLEMSWE 1117111Malifinr11111

CA& ateckwaE lawritset agit Ilaatrig' ,12113371C0

nate riTeetitigattesattedeireidt:

Ward/Super Ward Wormatiotk:

1 hereby submit this complete application and certify the information contained herein is true and maturate to tete beat of imy itersarardiagm:

Arita woo= (1i l)

Riot l'efAt•l/k/21 9-(Z-ZZLI (Applicant), (,ate),

if A Vicable

maim AAP> 1-'• Ar‘-NN (Authorized Agent SigpPimre), (,Date),

Gehtiftirstlffitar Callt Atikitalit4S ktaarlimin Street„ Rawl= Narfalk,,Virgjnia 23510 TerJelpfbone (7574) E64-411152 Fax ((751 4441.-1.sda) Td WdOT:60 8TOE TT 'daS ES99 9S2 20L : 'ON 3NOHd NIA4d3S SIllAHd : woad WE HEREBY DECLARE THAT ON SEPTEMBER 6, 2018 WE SURVEYED THE PROPERTY SHOWN HEREON, THAT THE TITLE UNES AND THE WALLS OF THE BUILDING(S) ARE AS SHOWN, THAT THE BUILDING(S) STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN, AND THAT THE PRINCIPAL STRUCTURES SHOWN APPEAR TO FALL WITHIN ZONE X, AS SHOWN ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP FOR THE CITY $ . STATED BELOW, COMMUNITY MAP #510104 0038 H AND LAST DATED FEBRUARY 17, 2017. 0 J. A. MICHAEL NICHOLS 5 Lic. No. 21 72 AMERICAN ENGINEERING — BY: a .,0 S77/2.0125

A,„ S URV

" SpSTgTFp 1`993 4il,,,e,frve .04b 7 4 71/11,0,, uS44,9c9Z Sys, SUBDIVISION OF AZALEA ACRES SECTION 3 6 (m.a. 36, (z• PG. 58) S24°32'57"E 151.17' 8 WOOD V.P. FENCE TRANS. WOOD FENCE

O CN

0 0N- ASPHALT ASPHALT PAVEMENT PAVEMENT

149.99' 411'± p N31°49122"W 150,00'

SOURCE OF TITLE NORTH MILITARY HIGHWAY - ROUTE 165 LEGACY1, LLC PLAT REFERENCE INST.#180005582 M.B. 29, PG. 49 GPIN:1449924122 (VIRGINIA BEACH) AREA: 30,149 S.F./0.692 AC.

PHYSICAL SURVEY OF 3542 N. MILITARY HIGHWAY F R I C k N NORFOLK, VIRGINIA A n"ig n e er. n g FOR American Engineering Associates - Southeast, P.A. Inc. 448 Viking Drive, Suite 170 NORVIEW REALTY, LLC Virginia Beach, VA 23452 757-468-6800

Date Pro ect Scale Drawn B Source Drawin. Path Name La out 09 07 18 V18090 1"=40' JPP M.B.29,PG.49 V.B. V: 2018 V18090 - 3542 NMilita H CAD Su 18090 PS.dw', Ph ical 8.5X14 NORVIEW REALTY

PARKING FOR SALES, RENTAL, SERVICE

EMPLOYEE PARKING

P KING

PROPOSED AUTO oa REPAIR c§, 33' X 110' c t 3,630 SF ye oc (TOTAL) Project • 1011090 Checked In Moron by GO MUM OF 24 SPACES Issue Dele 10 / FOR RENTAL CARS OFFICE Sule SW•M Ca...anon 715559 VA Ft,.• 0405001994

LANDSCAPE •111101101110 - SCREENING

Sheer None

CONCEPT LAYOUT PLAN 007

Sheet 0 Cl

— NORVIEW REALTY printed 10/18/2018 410 PM v \MIA,PON • 3542 nmlllu ritNprellm n 18090 patriot 007..9

Norview Realty, LLC -Notification sent to all Property Owners within 300ft

Property Owners Property Address Mailing Address

A & H Associates 4701 Columbus St Ste 300 Virginia Beach VA 23462-6725 Abc Group Holdings, LIc 5740 Azalea Garden Rd Norfolk VA 23518-5514 Alpaca Realty, Inc Po Box 934 Virginia Beach VA 23451-0934 Anderson, Richard B & Jane C 3609 Kevin Dr Norfolk VA 23518-5522 Beal, Prentiss L & Bonnie R 3605 Don Ct Norfolk VA 23518-5533 Broadwater, Sandra Y 3601 Kevin Dr Norfolk VA 23518-5522 Chamberlain, Gregory & Ann 824 Saint Martin Dr Virginia Beach VA 23455-6160 Eggleston, Louise W Center Inc 1161 Ingleside Rd Norfolk VA 23502 Faulk, Harum L & Hannah M 3531 Kevin Dr Norfolk VA 23518-5520 Hunt, Theodore B 5745 Don Dr Norfolk VA 23518-5531 Katsanos, Ekaterini 812 Ray PI Virginia Beach VA 23454-3811 Lee, Christopher R 3616 Kevin Dr Norfolk VA 23518-5523 Legacyl, LIc 6966 Kyleakin Ct Mclean VA 22101-1556 Mateo, Alfredo A & Iluminada S 5724 Azalea Garden Rd Norfolk VA 23518-5517 Mathei, Gerald C & Margaret M 3609 Don Ct Norfolk VA 23518-5533 Mccorkle, Derrick L 3613 Kevin Dr Norfolk VA 23518-5522 Mendez, Carlos 3530 Kevin Dr Norfolk VA 23518-5521 Military Norvella Associates, Llp 500 E Main St Ste 1424 Norfolk VA 23510-2206 Military Norvella Associates, Llp 4701 Columbus St Ste 300 Virginia Beach VA 23462-6725 Ms Realty, LIc 3554 N Military Hwy Norfolk VA 23518-5502 Nguyen, Tai Van 3539 Kevin Dr Norfolk VA 23518-5520 Parodi, Alejandro 3617 Kevin Dr Norfolk VA 23518-5522 Phillips, Charles D & Manuela G 5752 Don Dr Norfolk VA 23518-5532 Ramos, Jose Angel 3535 Kevin Dr Norfolk VA 23518-5520 Reynolds, Robert E 3605 Kevin Dr Norfolk VA 23518-5522 Rodriguez, Alberto R & Veronica C 5217 Albright Dr Virginia Beach VA 23464-8101 Shines International, LIc 3535 N Military Hwy Norfolk VA 23518-5501 Smith, Randal Jr Et Al 3612 Kevin Dr Norfolk VA 23518-5523 Spencer, Robert F 3543 Kevin Dr Norfolk VA 23518-5520 Stallings, Michael Ryan 3538 Kevin Dr Norfolk VA 23518-5521 Stearns, Paul J & Meldy A 5832 Pontiac Rd Virginia Beach VA 23462-3213 Steele, Jerry D & Annette C 3600 Kevin Dr Norfolk VA 23518-5523 Tidewater Investments li, LIc Po Box 10114 Virginia Beach VA 23450-0114 Williams, Monique W & Michael R 5736 Azalea Garden Rd Norfolk VA 23518-5514 Wing, Nunzia Revocable Living Trust 1517 Condor Ave Norfolk VA 23518-2901 Whitney, Chris

From: Williams, Sherri Sent: Tuesday, September 11, 2018 3:58 PM To: Riddick, Paul; Graves, Angelia; Howard, Oneiceia; '[email protected]' Cc: Whitney, Chris Subject: New Planning Commission Application-3542 N Military Hwy Attachments: Application.pdf

Mr./Mrs.

Attached please find the following application tentatively scheduled to be heard at the October 25, 2018 Planning Commission public hearing:

PATRIOT AUTO SALES, for a Conditional Use Permit for Automobile Sales at 3542 and 3554 N. Military Highway.

The purpose of this request is to allow the existing dealership located at 3554 N. Military Highway to expand their operations to the adjacent property.

Staff contact: Chris Whitney at (757) 823-1253, [email protected]

Thank You

Sherri Williams Planning Technician

NOROZSIER Planning Department 810 Union Street I Suite 508 Norfolk, VA 23510 (757) 664-6771

Connect with us: www.norfolk.gov 0 000 9/4/18

Public Meeting Summary

Subject Site: 3542 N Military Hwy, Norfolk, VA, 23518

Location, Time & Place of Neighborhood Meeting: Patriot Rental and Repair — 3562 N Military Hwy., Norfolk, VA, 23518 on Tues. 9/4/2018 at 5:15pm.

The meeting was held as scheduled, and had two attendees show up — Troy Byers and Ekatarini Katsanos. John Arney and Mike Miller hosted. Both attendees showed up at approximately 5pm, and the meeting lasted until approximately 5:30pm. They were each provided with a copy of our proposed conceptual site plan, and asked a few questions about the building location (orienting the map) and number of bays intended (6). No opposition was raised.

9.a John Arne City of Norfolk Notice for Public Neighborhood Meeting

This public notice of an applicant-hosted neighborhood meeting is being posted on the land subject to the pending application before the City Planning Commission, in accordance with Section 2.3.2.B(2)(b)(ii)(B) of the Zoning Ordinance.

Subject Site: 3542 N Military Hwy, Norfolk, VA, 23518

Location, Time & Place of Neighborhood Meeting to be held:

Patriot Rental and Repair — 3562 N Military Hwy., Norfolk, VA, 23518 on Tues. 9/4/2018 at 5:15pm.

Purpose: To present information and seek input from the public, regarding a pending application before the City Planning Commission; to apply for conditional use for auto sales, auto repair, and auto rental and to construct a repair facility. MEETING SIGN-IN SHEET 3542 N Military Hwy, Norfolk, VA, 23518 Project: proposed conditional use permit public Meeting Date: 9/4/2018 5:15pm meeting 3562 N Military Hwy, Facilitator: John Arney Place/Room: Norfolk, VA, 23518 Name 13 Phone E-Mail 1 y /Roy er3 7s 7 ,375.7a1?-7 b yer-5 ii-oy e 1 ed--0A.Lst rv,

P om i (1-vir) -412-1,Lti:141 c—) A\ i 3. 1 ,4.

5.

6.

1 7.

8.

9.

10.

11.

12.

13.

14.

L117.

16.

17.

18.

Page 1 of 2 game Phone E-Mail

' 19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

Page 2 of 2 Description of Operations Auto Related Uses

Date: August 28, 2018

Trade name of business: Norview Realty, LLC 3542 N. Military Highway Address of business:

Name of property owner(s)*: Michael Miller and John Arney

Daytime telephone number (757) 633-7757 *If business or property owner is partnership, all partners must be listed. *If business or property owner is an LLC or Corporation, all principals must be listed.

Proposed Hours of Operation:

Weekday From: 8 AM To: 5PM

Friday From: 8 AM To: 5PM

Saturday From: 8 AM To: 5PM

Sunday From: 8 AM To: 5PM

Signature a Applicant

DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 Conditional Use Permit—Auto Related Uses

Norview Realty LLC proposes to erect a new building on 3542 N Military Highway, which currently sits vacant, and to open a new auto sales, auto rental, and auto repair business. The establishment will employ 5 people.

The property used to be a Wendy's fast food restaurant that closed early last year after a fire. Shortly after the business closed the existing building was demolished.