10May 11, 2011 Public Hearing

APPLICANT:

SUKHWINDER “SHINDA” BHARIJ

PROPERTY OWNER:

S & J TRUCK TERMINAL, INC.

STAFF PLANNER: Leslie BonillaREQUEST: Subdivision Variance to Section 4.4(a) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: 5792 Northampton Blvd (portion of) GPIN: Portion of 14589958210000

ELECTION DISTRICT: BAYSIDE

SITE SIZE: 28.3 acres

AICUZ: Less than 65 dB DNL

SUMMARY OF REQUEST Existing Lot: The existing lot is 28.3 acres and has a lot width of 141.5 feet. The lot currently houses a bulk storage yard and truck stop facility including an office, truck wash, maintenance garage, restaurant, and gas pumps. The gas pumps, restaurant and offices are centered near the front of the site, the bulk storage yard is located along the rear of site, and truck parking, truck washing facility, as well as a maintenance garage are located between the bulk storage yard and the restaurant. Proposed Lots: It is the intent of the applicant to subdivide the existing lot into two lots in order to allow a proposed mini-warehouse facility to be housed on its own parcel. The existing truck stop and bulk storage yard would be housed on one lot (Parcel I-2) and the proposed mini-warehouse facility will be housed on the other lot (Parcel I-1). There are no proposed alterations to the existing truck stop and bulk storage yard except approximately 22 existing parking spaces for trucks will be eliminated. The subdivision variance is required because proposed Parcel I-1 and Parcel I-2 do not meet the required 100-foot minimum lot width established by the Zoning Ordinance for the B-2 Community Business District.

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Item Required Parcel I-1 Parcel I-2

Lot Width in feet 100’ 74.5’* 67’* Lot Area in square feet 20,000 SF 45,999 SF 1,185,834 SF

*Variance required

LAND USE AND PLAN INFORMATION

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EXISTING LAND USE: Bulk storage yard and truck stop including restaurant, maintenance garage, offices, truck wash, and associated parking. SURROUNDING LAND USE AND ZONING:

North: • Vacant Land / I-1 Light Industrial District South: • Northampton Boulevard

• South of Northampton Boulevard is a variety of commercial uses / B-2 Community Business District

East: • Retail shops / B-2 Community Business District West: • Commercial uses / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES:

A northern portion of the site is located within Flood Zone A, which is a special hazard area subject to inundation by the 1% annual chance flood. The remaining portion of the site is located within Flood Zone X, which is an area outside the 2% annual chance flood. There are no other known natural resources or cultural features associated with this site.

STRATEGIC GROWTH AREA (SGA): This site is located in the Northampton-Diamond Springs Corridor section of the Northampton Boulevard Corridor (Burton Station) SGA. The Implementation Plan (‘Plan’) provides a vision for this area that groups mixed-use buildings containing commercial, office space, retail, restaurants, apartments, hotel, and surface or garage parking. The conceptual plan for this section of the SGA depicts use of the specific parcel as part of a larger mixed-use development where buildings front on Northampton Boulevard and a new roadway to the north connecting Baker Road and the proposed new ‘golf course’ roadway. An open space corridor is also shown that splits the mixed-use quad in half, connecting Northampton Boulevard and the future roadway to the north. A conceptual plan is provided graphically detailing how the area can be developed. The Implementation Plan also provides “Commercial Design Guidelines” (page 35) that set the minimum standards for site and building design intended to create the streetscape and building masses envisioned by the overall Plan.

Northampton-Diamond Springs Corridor

IMPACT ON CITY SERVICES

WATER: The proposed subdivided parcel must connect to City water. SEWER: The proposed subdivided parcel must connect to City sanitary sewer. Sanitary sewer and pump station analysis for pump station #326 is required to determine if future flows can be accommodated. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that:

A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,

and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably

practicable the formulation of general regulations to be adopted as an amendment to the ordinance.

D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance.

E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance.

EVALUATION AND RECOMMENDATION This v-shaped site is one of the largest within the Northampton Boulevard Corridor. However, due to its unique v-shape, the lot frontage is extremely narrow when compared to the size of the lot. Staff, therefore, finds that the unique shape of this v-shaped lot poses an undue hardship on the applicant. While development of a road would allow the applicant to subdivide the property in accordance to City ordinances, additional roads in the vicinity of this site are not envisioned for construction until Phase Two of the Northampton Boulevard Corridor Strategic Growth Area Implementation Plan (‘Plan’). The City is currently designing plans for some new roads identified to be constructed in Phase One of the Plan. It is anticipated that the portion of the new road known as ‘Golf Course Road’ situated adjacent to the

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applicant’s site will be constructed in about two to five years. This new road and the proposed road off of Baker Road would allow the applicant to subdivide Parcel I-2 without the requirement of a variance. It is, however, unrealistic to ask the applicant to construct the roads now as the new roads would have to extend across property that the applicant does not own in order to be usable. Overall, staff finds that the applicant’s large and uniquely shaped lot causes a hardship and granting the proposed variance will allow the applicant to re-invest and redevelop his parcel without negatively affecting the surrounding community. The general vision for the area, as identified within the Plan, can be carried out once the site is subdivided as conditioned below. In order to establish the gateway along Northampton Boulevard as is envisioned within the Plan, Staff recommends approval contingent on parking be prohibited between any building on the proposed Parcel I-1 and Northampton Boulevard, which was advocated in the Plan. In addition the existing pole sign will be removed and can only be replaced with a monument style sign, no taller than eight-feet in height.

CONDITIONS

1. The site shall be subdivided in substantial conformance with the submitted plan entitled, “Preliminary Subdivision of Parcel ‘I’, Resubdivision of Property of First Virginia Land Trust and S & J Truck Terminal Incorporated”, prepared by John E. Sirine & Associates, LTD., dated December 21, 2010, and last revised March 30, 2011 which has been exhibited to the City Council and is on file in the Planning Department.

2. The existing free standing sign shall be removed from site within 90 days from City Council approval of this variance. Any new free standing signs shall be brick monument style, no more than eight feet in height. All newly installed free-standing signs shall be installed in accordance with the City Zoning Ordinance and the Site Plan Ordinance unless a variance is obtained through the Board of Zoning Appeals.

3. No parking shall be situated between any buildings and Northampton Boulevard on the proposed Parcel I-1 as shown on the submitted plan entitled, “Preliminary Subdivision of Parcel ‘I’, Resubdivision of Property of First Virginia Land Trust and S & J Truck Terminal Incorporated”, prepared by John E. Sirine & Associates, LTD., dated December 21, 2010, and last revised March 30, 2011 which has been exhibited to the City Council and is on file in the Planning Department. .

NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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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PROPOSED SUBDIVISION

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PROPOSED MINI-WAREHOUSE FACILITY SITE PLAN & PERSPECTIVE

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PARCEL BOUNDARY AND CONCEPTUAL PLAN OVERLAY

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# DATE REQUEST APPLICANT ACTION 1

09/10/1996 09/06/1983 04/14/1969

Use Permit (truck washing, additional parking, motel, bulk storage) Use Permit (gas station, truck pavilion, & restaurant) Rezoning

Big Charlie’s Truck Plaza, Inc. Charlie H. Kestner City of Virginia Beach

Partially Approved Approved Approved

2 01/14/1997 Rezoning (B-2 to Conditional I-1)

Northampton Business Center- III

Approved

3 01/26/1999 Use Permit (automotive service station)

Motiva Enterprises, LLC.

Approved

4 06/27/2000 Use Permit (fuel sales with convenience store car wash & automotive service station)

4-N-1, LLC. Approved

2 4

10 11

1

56 8 9 7 3

ZONING HISTORY

5 5

02/13/2001 02/13/2001

Rezoning (B-2, O-2 & I-1 to Conditional I-1) Use Permit (Hotel)

Jay Barot Jay Barot

Approved Approved

6 01/25/2005 01/25/2005

Rezoning (O-2 to Conditional I-1) Use Permit (hotel)

Absolute Hospitality, Inc. Absolute Hospitality, Inc.

Approved Approved

7 05/24/2005 Rezoning (Conditional I-1 to Conditional B-2

Frontier Development, LLC

Approved

8 06/13/2006 Rezoning (R-5D to Conditional I-1)

Danny Martin Approved

9 01/26/2010 Use Permit (senior housing)

Senior’s Unlimited Lifestyles, Inc.

Approved

10 05/22/2007 05/22/2007 02/28/2006

Modifications of Proffers Use Permit (hotel) Rezoning (B-2 to Conditional I-1)

Value Place Real Estate Value Place Real Estate Tank Lanes Inc.

Approved Approved Approved

11 12/08/1998 Use Permit (automotive repair garage)

Earl Scheibotva, Inc. Approved

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ZONING HISTORY

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT