applicant evergreen virginia, llc agenda item property ... · for motor vehicle sales ... an...

Evergreen Virginia, LLC Agenda Item 1

Applicant Evergreen Virginia, LLC Property Owners Evergreen Virginia, LLC and Tidewater Automobile Association of Virginia, Inc. Public Hearing April 11, 2018

City Council Election District Beach

Request Modification of Conditions (Conditional Use Permit, as modified, approved by City Council for Motor Vehicle Sales, Rentals, Repair and a Conditional Use Permit for a Car Wash Facility in 10/17/2017) Staff Recommendation Approval Staff Planner Jonathan Sanders Location 296 Kings Grant Road; 3033, 3025, 3001 & 2981 Virginia Beach Boulevard GPINs 1497156395, 1497253405, 1497252343, 1497250372, 1497158417 Site Size 7.65 acres AICUZ 65-70 Sub Area 3; 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office building, car dealerships / B-2 Community Business Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard Restaurant, mixed retail / B-2 Community Business South Office, single-family dwellings / B-2 Community Business, R-10 Residential East Mixed retail / B-2 Community Business West Kings Grant Road Mixed retail / B-2 Community Business

Agenda Item 1


• The subject 7.65-acre site currently exists as five parcels that are developed with an office building, two car

dealerships and a used car lot.

• The focus of this request is to demolish the existing office building on the western parcel and incorporate it into the adjacent site, where there is an existing Hyundai dealership. The applicant is in the process of acquiring the westernmost lot in order to expand the auto display area.

• The City of Virginia Beach acquired the westernmost lot, 296 Kings Grant Road, as part of the Francis Land House property acquisition in 1975. Since that time, several of those parcels have been sold and developed with commercial, office and apartment uses; while preserving the historically significant Francis Land House. There is an existing deed restriction that the City placed on the properties that restricts specific uses from occupying the sites, including auto sales. The applicant is concurrently seeking City Council’s permission to remove that deed restriction in order to expand the auto-related uses onto that property.

• Most recently, in 2017, City Council approved a Modification of the 1986 Conditional Use Permit in order to remodel and expand the Hyundai sales and service building, and also approved a Conditional Use Permit for a car wash. The Conditional Use Permits approved in 1995, 1998, and 2000 on the other lots to the east will remain in effect and are not subject to this request.

• The submitted concept plan depicts the expansion of the vehicle display area onto the parcel located at 296

Kings Grant Road; and, the required street frontage, and display area plantings required by the Zoning Ordinance.

• As this westernmost site is within the Francis Land House Historic and Cultural Overlay District, the proposed demolition of the office building was considered by the Historical Review Board at the January meeting and a Certificate of Appropriateness was issued. In addition, at their March meeting, the Board deemed the proposed fencing and lighting consistent with the existing structures within the Historic and Cultural District, and as such, a Certificate of Appropriateness was issued.

• A four-foot tall, white composite fence with plantings is proposed along Kings Grant Road to aid in screening the vehicle display area from the view of the historic Francis Land House and from the right-of-way. The proposed fence and lighting are depicted on pages 8 - 10 of this report.

Background and Summary of Proposal


Zoning History # Request 1 CUP (Church) Approved 05/26/2009 2 MOD (Motor Vehicle Sales, Rentals and Service)

Approved 10/17/2017 CUP (Car Wash) Approved 10/17/2017 CUP (Motor Vehicle Sales and Service) Approved 08/18/1986

3 CUP (Motor Vehicles Sales and Repair) Approved 02/22/2000

4 CUP (Automobile Sales, Repair, and Service) Approved 02/14/1995

5 CUP (Automobile Sales, Repair, and Service, Sale of Parts and Storage of Vehicles) Approved 02/10/1998

Application Types 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

The proposed request for a Modification of Conditions is, in Staff’s opinion, acceptable given the predominance of auto-centric uses in the immediate vicinity. While the Lynnhaven Strategic Growth Area Master Plan calls for long-term redevelopment of the site with mixed-use, non-residential projects, the proposal is compatible with the existing uses along this section of Virginia Beach Boulevard. The proposed Concept Plan depicts landscaping, fencing and lighting that will complement the Francis Land House Historic and Cultural Overlay District, and as approved by the Historical Review Board. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below.

1. The conditions of the 1995, 1998 and 2000 Conditional Use Permits for Motor Vehicle Sales and Repair for the

properties at 2981, 3001 and 3025 Virginia Beach Boulevard, shall remain in effect.

2. The conditions of the October 17, 2017 Modification of Conditions to the Conditional Use Permit for Motor Vehicle Sales, Rentals & Repair and Car Wash Facility approval on the portion of the site located at 3033 Virginia Beach Boulevard shall be deleted and replaced with the conditions below for the portion of the site at 296 Kings Grant Road and 3033 Virginia Beach Boulevard.

3. The development and landscaping of the site shall substantially conform with the submitted layout entitled “Conceptual Site Layout & Landscape Plan of Checkered Flag Jaguar-Land Rover 3033 Virginia Beach Blvd. Virginia Beach, VA,” prepared by MSA, P.C., dated 01/26/18 and annotated “MSA PROJ. #14088C,” which has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development.

Evaluation and Recommendation

Recommended Conditions

2 3 4 5

1


4. Architectural design and colors shall conform with the “Schematic Drawings for Checkered Flag Jaguar/Land Rover 3033 Virginia Beach Boulevard, Virginia Beach, VA 23452,” prepared by Covington Hendrix Anderson, dated 05/18/17. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development.

5. The spaces for display of motor vehicles shall be clearly marked as depicted on the submitted site layout. Customer parking within the areas shown on the Site Layout Exhibit referenced in Condition 1 above shall be clearly marked by sign or pavement markings as such and shall not be used for the display of vehicles for sale.

6. Vehicles shall not be displayed on platforms or elevated above the parking lot.

7. All motor vehicle repairs and painting shall take place inside the building.

8. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, tires, or materials shall be permitted.

9. No outside paging or amplified music system shall be permitted.

10. The building signage shall not be a “box sign,” but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building or on the doors. No window signage or portable or nonstructural signs shall be permitted. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance.

11. No additional freestanding signage should be installed on Kings Grant Road or on the lot at 296 Kings Grant Road, GPIN 1497156395.

12. There shall be no decorative pennants, strings of light bulbs, spinners, feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site.

13. Use of the car wash by the general public shall not be permitted.

14. All vehicles delivered to the site must be off-loaded on the site, unless otherwise authorized by Traffic Engineering. The delivery vehicle shall not be permitted to back into the site from Kings Grant Road or Virginia Beach Boulevard, nor shall it impede the normal flow of traffic at any time.

15. All new light fixtures on site shall be no taller than 14 feet in height. 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.


The Comprehensive Plan designates this site as located in the Lynnhaven Strategic Growth Area. The long-term vision for the Lynnhaven SGA calls for a series of mixed-use and flexible developments. Design principles include enabling flexible development sites and building types to respond to ever-changing market needs and development programs that are compatible with AICUZ restrictions. The Comprehensive Plan’s Special Area Development Guidelines for Urban Areas provide recommendations for site design. Specific to this proposal is the opportunity to incorporate quality landscaping and enhance exterior walls facing streets to have substantial material change and transparency.

The site is located in the Chesapeake Bay watershed, adjacent to Little Neck Creek. The site is impacted by the Resource Protection Area, the most stringently regulation portion of the Chesapeake Bay Preservation Area. Portions of the site are located in the AE floodplain and the floodway; however, no land disturbance is proposed in these environmentally sensitive areas. There does not appear to be any significant cultural resources associated with the site. The property located at 296 Kings Grant is located within the Francis Land Historic and Cultural Zoning Overlay District. All projects proposed within the Historic and Cultural District must respect the heritage and reinforce the integrity of the district’s historic character. The scale, placement, massing and proportion of buildings, additions and signage should be designed in a way that is consistent with the historic character of this district.

Street Name Present Volume Present Capacity Generated Traffic

Virginia Beach Boulevard 36,174 ADT 1 34,940 ADT 1 (LOS 4 “C”) 56,240 ADT 1 (LOS 4 “D”) Existing Land Use 2 - 408 ADT

Proposed Land Use 3 - 598 ADT Kings Grant Road No Data Available 6,200 ADT 1 (LOS 4 “C”)

9,900 ADT 1 (LOS 4 “D”) 1 Average Daily Trips 2 as defined by 0.74 acres

zoned B-2

3 as defined by 0.74 acres automobile sales

4 LOS = Level of Service

Water & Sewer This site is currently connected to both City water and sanitary sewer service.

Comprehensive Plan Recommendations

Natural and Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts


Proposed Site Layout


Landscape Exhibit for 296 Kings Grant Road


Proposed Fencing


Proposed Lighting along Kings Grant Road


Proposed Interior Site Lighting


Site Photos


Disclosure Statement



Association of Virginia, Inc.

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