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3 July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY PROPERTY OWNER: SMO, INC. STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (automobile repair garage) ADDRESS / DESCRIPTION: 493 South Independence Boulevard GPIN: 14766809930000 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 36,956 square feet AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an automotive repair garage. There is currently no business operating from the site in question; the last business utilizing this site was an automotive service station approved under a Use Permit granted by the City Council in 1968. The applicant’s proposal, however, differs from the use allowed under the 1968 Use Permit, as the current proposal does not involve fuel sales and proposes a wider range of automobile repair. Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three employees are initially anticipated for the proposed use, and, as the business grows, additional employees will be hired. The existing brick colonial style building centered on the site will house the proposed automotive repair facility. No alterations to the exterior of building are proposed. Old fuel pumps have been removed. The applicant proposes to install planters and curbing to improve the appearance of the site. Repair and striping of the existing parking lot is also proposed. RORY KENNEDY / SMO, INC. Agenda Item 3 Page 1

July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

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Page 1: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

3July 14, 2010 Public Hearing

APPLICANT:

RORY KENNEDY

PROPERTY OWNER:

SMO, INC.

STAFF PLANNER: Leslie BonillaREQUEST: Conditional Use Permit (automobile repair garage) ADDRESS / DESCRIPTION: 493 South Independence Boulevard GPIN: 14766809930000

ELECTION DISTRICT: KEMPSVILLE

SITE SIZE: 36,956 square feet

AICUZ: Less than 65 dB DNL

SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an automotive repair garage. There is currently no business operating from the site in question; the last business utilizing this site was an automotive service station approved under a Use Permit granted by the City Council in 1968. The applicant’s proposal, however, differs from the use allowed under the 1968 Use Permit, as the current proposal does not involve fuel sales and proposes a wider range of automobile repair. Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three employees are initially anticipated for the proposed use, and, as the business grows, additional employees will be hired. The existing brick colonial style building centered on the site will house the proposed automotive repair facility. No alterations to the exterior of building are proposed. Old fuel pumps have been removed. The applicant proposes to install planters and curbing to improve the appearance of the site. Repair and striping of the existing parking lot is also proposed.

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 1

Page 2: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 2

EXISTING LAND USE: Vacant automobile service station SURROUNDING LAND USE AND ZONING:

North: • Independence Boulevard • Across Independence Boulevard is a convenience store with

fuel sales / B-2 Community Business District South: • Drive aisle for parking lot of adjacent business to west

• Single-family dwellings / R-10 Residential District • Edwin Drive • Opposite Edwin Drive, Office / B-2 Community Business District

East: • Edwin Drive • Opposite Edwin Drive, Bank and Office buildings / B-2

Community Business District West: • Restaurant and Offices / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES:

There are no known significant natural resources or cultural features associated with this site.

COMPREHENSIVE PLAN: The Comprehensive Plan identifies the proposed site as being within the Suburban Area, which focuses on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods and reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area.

LAND USE AND PLAN INFORMATION

IMPACT ON CITY SERVICES

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard in front of this application is an eight-lane divided major urban arterial. The Master Transportation Plan proposes a divided facility within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning over capacity at a level of service F. Edwin Drive in front of this application is considered a two-lane undivided collector street. It is not listed on the MTP. TRAFFIC:

Street Name Present Volume Present Capacity Generated Traffic

S. Independence Boulevard

72,685 ADT 1 56,240 ADT 1 (Level of Service “D”)

Potential Land Use 2 – 1,011 ADT

Proposed Land Use 3 – 67 ADT

Edwin Drive 5,144 ADT 1 9,900 ADT 1 (Level of Service “D”)

1 Average Daily Trips 2 as defined by current Use Permit for gas service station with 6 fueling positions

3 as defined by a 1,560 square foot automotive repair shop PUBLIC WORKS / TRAFFIC ENGINEERING: Only one entrance is allowed on each street per the Public Works Specifications and Standards; therefore, the two entrances closest to the Independence Boulevard/Edwin Drive intersection should be removed.

Page 3: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

WATER & SEWER: This site is currently connected to City water and sanitary sewer. EVALUATION AND RECOMMENDATION This site was previously used as a gas station with an automobile service shop, which makes reuse of the site for the applicant’s proposed use appropriate. Allowing an automotive repair shop that is similar to the previous use should not adversely affect the community and will restore the site to a use that serves the surrounding area. The proposed automotive repair garage is compatible to the surrounding area, and the design of the building complements the character of the surrounding community. The single-family residential area to the southwest of this site is adequately buffered by existing landscaping and a drive aisle to an adjacent commercial complex, depicted on the aerial and photographs on pages six, seven, and nine of this report. The orientation of the service bays away from the dwellings, as well as the distance between the dwellings and the service station, also aide in ensuring that the adjacent residential community is protected. A benefit of the applicant’s proposed use as opposed to the use allowed by the current Use Permit for an automobile service station pertains to the traffic. South Independence Boulevard in this location is currently functioning over capacity. The proposed automotive repair garage will reduce the potential average daily trips to this site, as automobile repair garages generate less traffic than an automobile service station with fuel pumps. An additional traffic-related benefit is the removal, as conditioned below, of two of the four access point for this site. The removal of gas pumps from this site, the addition of proposed landscaping, and recommended parking lot improvements, as conditioned below, will ensure this commercial site is aesthetically pleasing and an asset to this corridor. The applicant, however, will be requesting from the Planning Director, as provided for in Section 273 of the Zoning Ordinance, permission to install the plantings specified on the proposed site plan in lieu of the ordinance’s requirement for the installation of a six-foot fence around the repair garage, as is normally required for automotive repair garages. The applicant’s basis for this request is the existing extensive area of vegetation that borders the site, the landscape plantings proposed by the applicant, and the fact that the area to the rear of the site consists of a wide vacant area and a drive aisle for the businesses to the west. Staff recommends approval of the proposed automotive repair garage subject to the conditions listed on the following page.

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 3

Page 4: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 4

CONDITIONS

1. When the site is developed, it shall be developed in substantial conformance with the submitted site plan which identifies proposed landscaping and curbing.

2. The exterior of the building shall not be altered, except for necessary maintenance. When maintenance is performed, the original design and colors of building shall be preserved and/or restored.

3. The proposed landscaping on the site shall be in substantial conformance with the submitted plan. In addition, the street frontage plantings shall be in conformance with the Site Plan Ordinance, Section 5A.

4. The existing and proposed parking lot areas shall be re-surfaced and striped.

5. All automotive repairs shall take place inside the building.

6. There shall be no outside storage of equipment, parts, or materials.

7. There shall be no outside storage or display of tires other than in a "casing enclosure" for tire reclamation at the rear of the building.

8. All vehicles scheduled for repair shall be stored inside the service bays when the repair facility is

closed. There shall be no storage of vehicles outside the building.

9. There shall be no auto body work.

10. All newly installed outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet.

11. The existing free-standing sign may be utilized but shall not be enlarged in height or width. There shall be no other signs or neon or L.E.D. signs or accents installed on any wall area of the exterior of the building, or within or on any windows, doors, light poles, canopy supports, or any other portion of the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building.

12. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention-seeking devices displayed on the site or the vehicles.

13. Only one access point shall be allowed on each street abutting the site per the Public Works Specifications and Standards. The two existing access points closest to the Independence Boulevard/Edwin Drive intersection shall be removed.

Page 5: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 5

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.

Page 6: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 6

AERIAL OF SITE LOCATION

Page 7: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 7

NORTH

EEDDWWIINN DDRRIIVVEE

SS.. IINNDDEEPPEENNDDEENNCCEE BBLLVVDD..

DDRRIIVVEE AAIISSLLEE TTOO AADDJJAACCEENNTT DDEEVVEELLOOPPMMEENNTT

Page 8: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 8

PROPOSED SITE PLAN

Page 9: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 9

PHOTOGRAPHS OF BUILDING

Page 10: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 10

# DATE DESCRIPTION ACTION 1 12/09/68 Conditional Use Permit (gasoline supply station) Granted 2 11/08/94

10/29/91 Conditional Use Permit (automotive service & store) Conditional Use Permit (gas pumps & store)

Granted Denied

2

1

ZONING HISTORY

Page 11: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 11

DISCLOSURE STATEMENT

Page 12: July 14, 2010 Public Hearing APPLICANT: RORY KENNEDY...Proposed hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 noon. Three

RORY KENNEDY / SMO, INC. Agenda Item 3 Page 12

DISCLOSURE STATEMENT