JOSEPH HILL Agenda Item 11 Page 1

11January 14, 2015 Public Hearing

APPLICANT:

JOSEPH HILL

PROPERTY OWNER:

ROSS PROPERTIES /

THOMAS BOOZEL

STAFF PLANNER: Kristine GayREQUEST: Conditional Use Permit (Automobile Repair Garage) ADDRESS / DESCRIPTION: 1528 Taylor Farm Road GPIN: 14957553000000

ELECTION DISTRICT: ROSE HALL

SITE SIZE: 1.674 acres

AICUZ: Greater than 75 dB DNL

Background The applicant requests a Conditional Use Permit for an Automobile Repair Garage. The applicant desires to operate a sign design and custom motorcycle painting business out of an existing building located on the site. The proposed operation requires that a paint ventilation booth be installed. While the applicant does not offer any mechanical repair to vehicles, the involvement of the motorcycles and need for a paint ventilation booth classifies the operation as an Automobile Repair Garage. The subject site is located in the I-1 Industrial Zoning District where an Automobile Repair Garage requires a Conditional Use Permit to operate. The site is 1.674 acres in size and is located at the northeast corner of the intersection of Dam Neck Road and Taylor Farm Road. Existing on the site is a one-story 20,625 square foot office warehouse building. The building has nine units, all of which have an industrial garage door and customer walk-up front door entrance. There is one point of vehicular ingress and egress to the site from Taylor Farm Road and 34 parking spaces. The applicant is the owner of Dog House Design. The business provides custom artwork and designs for signs, artistic murals, and motorcycles. The business has received growing interest, specifically in custom

BACKGROUND / DETAILS OF PROPOSAL

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motorcycle painting, which prompted the applicant to relocate to the subject site. The applicant performs all design work within the existing building; no outdoor storage, display, or work area is requested with this Conditional Use Permit. The applicant uses drawing tables, computers, and a vinyl printer/plotter for signage or graphic artwork. For custom motorcycle painting, the applicant uses a paintbrush system and paint ventilation booth. The paint ventilation booth is located inside the existing building. The proposed hours of operation are from 10:00 a.m. to 6:00 p.m., daily. The applicant irregularly works during the weekend depending on the amount of projects at the time. The business consists of two employees, the applicant and his wife. The majority of their customers are small local businesses, including restaurants and motorcycle dealerships. Minimal visits to the site are made by the customers for pick-up or consultation. Communication and design development is primarily shared via email correspondence and phone conversations. Once the project is finished, the applicant delivers the product to the customer. The applicant will be making interior changes to the existing building, including the installation of the paint ventilation booth. There will be minor changes to the exterior (roof or rear façade) of the building to accommodate the ventilation system; there will also be a change to the signage of the front façade.

EXISTING LAND USE: Vacant unit in an office-warehouse / I-1 Industrial District SURROUNDING LAND USE AND ZONING:

North: Office-Warehouse / I-1 Industrial District South: Taylor Farms / AG-1 Agricultural District East: Office-Warehouse / I-1 Industrial District

West: Office-Warehouse / I-1 Industrial District NATURAL RESOURCE AND CULTURAL FEATURES:

There do not appear to be any significant natural resources located on the site.

COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Special Economic Growth Area 3, South Oceana. All new or improved development proposals must adhere to the City’s AICUZ provisions and ensure high quality site, landscape and building designs. Comprehensive Plan policies call for non-residential uses including a mix of light industrial, low-rise office and limited retail use to be located on the subject site.

WATER & SEWER: This site is currently connected to the City water and sanitary sewer systems.

LAND USE AND COMPREHENSIVE PLAN

IMPACT ON CITY SERVICES

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The subject site is located in the Greater than 75 dB DNL. The site is subject to easement restrictions on use held by the U. S. Navy. The proposed use was evaluated by the Department of the Navy as custom business logo design and sign creation and motorcycle and motorcycle part painting and is permitted at the requested location. An Easement Compliance Review letter from the Department of the Navy dated 12/ 02/2014 has been submitted by the applicant and included at the end of this report. The proposed use will take place entirely inside. The applicant is not requesting to make any changes to the site for outdoor storage, display, or work areas. The scale and nature of the proposed use is similar to the surrounding light-industrial uses and meets the City Council approved proffers attached to the property. As part of the standard review process, a final Certificate of Occupancy will be required through the City of Virginia Beach Permits and Inspections Office. To receive the certificate, the paint booth is required to be inspected to ensure it has been properly installed and meets all fire and electrical standards. Section 203 of the City Zoning Ordinance requires that service or repair establishments provide one parking space per the number of employees working during the maximum working shift. Accordingly, a minimum of two parking spaces are needed for the proposed use, and there is sufficient parking available. Staff finds that the proposed use is compatible with the surrounding land uses and consistent with the policies of the Comprehensive Plan. Accordingly, Staff recommends approval of the Conditional Use Permit for an Automobile Repair Garage with the conditions below.

1. A final Certificate of Occupancy from the City of Virginia Beach Permits and Inspections Office is

required prior to operation.

2. No airbrushing, painting, display, storage, or mechanical, or cosmetic repair may be performed outside of the building.

3. Use of the site shall conform to the Proffered Covenants, Restrictions, and Conditions, dated 04/30/2004, and approved by City Council on 09/14/2004.

EVALUATION AND RECOMMENDATION

CONDITIONS

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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.

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AERIAL OF SITE LOCATION

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SITE PLAN OF EXISTING IMPROVEMENTS SHOWING LOCATION OF SUITE

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PROPOSED PAINT BOOTH

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SITE PHOTOS

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EASEMENT COMPLIANCE REVIEW LETTER

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ZONING HISTORY

# DATE REQUEST ACTION 1

07/07/1992 Conditional Use Permit (Golf Range) Approved 05/14/2002 Change of Zoning (AG-1 and AG-2 to Conditional I-1) Approved09/14/2004 Modification of Proffers Approved

2 05/0581986 Change of Zoning (AG-1 and AG-2 to I-1 and I-2) Approved06/27/1995 Reconsideration of Conditions Approved10/14/2002 Change of Zoning (I-1 and I-2 to Conditional I-2) Approved

3 12/13/1994 Enlargement of Nonconforming Use Approved09/23/1997 Conditional Use Permit (Outdoor Recreation) Approved09/14/2011 Conditional Use Permit (Outdoor Recreation) Indefinitely

Deferred 4 11/23/2004 Change of Zoning (AG-1 to Conditional I-1) Approved5 09/26/1974 Change of Zoning (R-8 to I-2) Approved

1 5

3

4

2

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT