C-5 Conditional Use Permits
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THE CITY OF NORFOLK To the Honorable Council November 6, 2018 City of Norfolk, Virginia 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, chris.whitney@norfolk.goy 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 Hampton Roads Congestion Management analysis. • The site is near transit service with Hampton Roads Transit 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.