4 November 12, 2015 Public Hearing

APPLICANT:

RNR OF VIRGINIA L.L.C.

PROPERTY OWNER:

RANDOLPH A. RAU TRUST

STAFF PLANNER: Kristine Gay

REQUEST: Conditional Use Permit (Automotive Repair Garage) ADDRESS / DESCRIPTION: 623 First Colonial Road GPIN: 24077873850000

ELECTION DISTRICT: BEACH

SITE SIZE: 0.312 Acres

AICUZ: Greater than 75 dB DNL

Request The applicant proposes to operate a tire showroom and retail facility that offers on-site installation. Since the site is zoned B-2 Business District, and the applicant would like to install the tires on-site, a Conditional Use Permit for an Automotive Repair Garage is required. Site The site is developed with a single-story 6,200 square-foot building. The front of this building was previously used as an office, the rear of the building is a commercial garage with four overhead doors for vehicular access located on the southern façade. There is mature vegetation between the building and the northern property line. On-site surface parking is to the east, west, and south of the building. Vehicles can access the site directly from First Colonial Road or from the adjacent property to the south.

BACKGROUND / DETAILS OF PROPOSAL

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Proposed Operation and Site Improvements The applicant is proposing to make minimal changes to the building exterior and site. As shown on the submitted site plan, First Colonial Road is planned to be widened substantially. Based on this, the applicant is proposing to remove a portion of the parking and close the vehicular connection to the south. Further information on the widening of First Colonial Road from Public Works Traffic Engineering may be found later in this report under “City Services.” There will be approximately 1,500 square feet of showroom/retail space and 4,700 square feet of automotive repair space for the installation of tires. The front of the building will be used as the showroom, where customers will pay for the tires they select. Tires will be installed inside the rear portion of the building. No installation or repair will take place outside. No other type of automotive repair is proposed.

EXISTING LAND USE: Vacant office/garage building SURROUNDING LAND USE AND ZONING:

North: • Walgreens / B-2 Community Business District South: • Church / B-2 Community Business District East: • Commercial / Community B-2 Business

West: • Church / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES:

There are no known significant cultural or natural resource features on this site.

COMPREHENSIVE PLAN: This property is located in the Hilltop Strategic Growth Area as identified by the Comprehensive Plan and the Hilltop SGA Master Plan, which was adopted as a Comprehensive Plan amendment on August 28, 2012. The SGA Plan recommends non-residential mixed use development for this site with uses that are deemed compatible with their AICUZ designation (p. 13, Hilltop SGA Plan).

MASTER TRANSPORATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP) First Colonial Road in the vicinity of this application is considered a four-lane divided major urban arterial. The existing infrastructure is located in an approximate 100-foot right-of-way. The Master Transportation Plan proposes a six-lane facility within a 150-foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service F. There are two roadway Capital Improvement Program projects slated for this area: Laskin Road – Phase I (CIP 2-156) is for the construction of an eight-lane divided highway in a 160-foot

LAND USE AND COMPREHENSIVE PLAN

CITY SERVICES

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right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot right-of-way from Winwood Drive to Oriole Drive with multi-use path and sidewalk. These limits include the intersections at First Colonial Road and at Birdneck Road. The project also includes construction of a six-lane divided highway in a 130 foot right-of-way on First Colonial Road from Laurel Lane to I-264. Right-of-way acquisition is complete; however, construction will be delayed beyond 2019 due to construction funding. The First Colonial Road/Laskin Road Intersection Improvements (CIP 2-030) include the construction of a second westbound left-turn lane from Laskin Road onto First Colonial Road. No right-of-way acquisition is expected. The project schedule has been pushed back due to a reduction in CMAQ funding available. The current construction schedule is 07/2022-07/2023. There will be impacts to the frontage of this site as a result of the Laskin Road Phase I CIP. These impacts include 18 feet of pavement widening and the relocation of the sidewalk. As a result, the parking spaces at the front of the building and the cross-access drive aisle with the property to the south are impacted.

The subject site is located in the Hilltop Strategic Growth Area (SGA). The requested use of Automobile Repair Garage is not a use that is consistent with the recommended uses of the Hilltop SGA plan; however, being mindful of the transition period from the existing land uses located within the boundaries of the SGA to the land uses and built form recommended in the SGA document, Staff supports the proposal as an interim use and has included a condition limiting this Conditional Use Permit to ten years. Section 203(16) of the City Zoning Ordinance requires one parking space for every 250 square feet of retail area and one space for every 900 square feet of repair area. This proposal meets this requirement by providing 26 parking spaces. Section 224 of the City Zoning Ordinance identifies the land use requirements for Automobile Repair Garages. Typically fencing and landscaping is required to enclose the auto repair garage with the exception of points of ingress and egress. Section 221(i) of the City Zoning Ordinance, allows City Council to deviate from landscape requirements where it will cause no detrimental impact to surrounding properties. Given the minimal space between the existing building and property lines and adjacent buildings, Staff finds that the exemption from this requirement is acceptable. As proposed and by following the recommended conditions below, the requested use will meet the intent of Section 224. For the reasons stated above, Staff recommends approval of the subject request with the listed conditions.

EVALUATION AND RECOMMENDATION

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1. This Use Permit is temporary and shall be valid for no more than ten consecutive years following the date of City Council approval. After said duration of time, per Section 221(k) the Zoning Administrator may extend the Conditional Use Permit administratively.

2. The site shall be improved substantially as shown on the submitted site plan titled, “RNR TIRE EXPRESS,CONCEPT LAYOUT PLAN 02,” as prepared by American Engineering and dated, 09/02/2015”. Said site improvements shall be made at the time the right-of-way improvements associated with CIP 2-030 and CIP 2-156 are made to First Colonial Road. Should First Colonial Road improvement be delayed, prior to extending this Conditional Use Permit beyond the duration of ten years, the parking between the front building façade and First Colonial Road shall be removed.

3. Per Section 224 of the City Zoning Ordinance, all storage of parts and repair work are to be conducted within the automobile repair garage structure. There shall be no outside storage of parts or outside repair permitted.

4. Per Section 224 of the City Zoning Ordinance, all outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet.

5. The existing vegetation to the north of the building shall remain or be replaced with Category I landscaping. The site shall be improved to meet the minimum foundation landscaping requirements.

6. All signage shall conform to the applicable current standards of the City Zoning Ordinance.

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.

CONDITIONS

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AERIAL OF SITE LOCATION RNR OF VIRGINIA L.L.C Agenda Item 4 Page 5

SITE LAYOUT

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CUP = Conditional Use Permit REZ = Rezoning CRZ = Conditional Rezoning

MOD = Modification of Conditions or Proffers NON = Nonconforming Use STC = Street Closure

FVR = Floodplain Variance ALT = Alternative Compliance SVR = Subdivision Variance

# DATE REQUEST ACTION 1 10/24/1995 CUP (Church) Approved 2 05/11/2004 SVR Approved 3 09/23/2008 CUP (Tattoo Studio) Approved

ZONING HISTORY

1

2 3

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT RNR OF VIRGINIA L.L.C Agenda Item 4 Page 11