HomeMy WebLinkAboutSP201800005 Application Special Use Permit 2018-11-15 J Community Development Department
i� 1 „£'Albemarle Lour 41' ntire Road Charlottesville,VA22902-4596
, �,-. :ice:(434)296-5S32 Fax:(434)972-4126
' + ;�,. Planning Application _
PARCEL/ OWNER INFORMATION
TMP 04500-00-00-068C1 , Owner(s): MALLOY PROPERTIES in LLC C/O MALLOY COMPANIES LLC
Application# J'P20I.800005
PROPERTY INFORMATION
Leg al Description ACREAGE PARCEL'A" BETTER LIVING BUILDING SUPPLY .A.
Magisterial Dist.!Rio kyll Land Use primary!Commercial L!
Current AFD 'Not in A/F District )!j Current Zoning Primary Highway Commercial It
APPLICATION INFORMATION
Street Address 2070 SEMINOLETRL CHARLOTTESVILLE,22901 Entered By
Buck Smith
Application Type Special Use Permit •
_.. ITI 5 22 2018 '
Project AMENDMENT TO MALLOY FORD.BODY SHOP
Received Date 05/21/18 Received Date Final Submittal Date 05/22/18 Total Fees
Closing File Date Submittal Date Final Total Paid
Revision Number '
Comments TAXES OK I
Legal Ad -
i
SUB APPLICATION(s)
Type. Sub Applicatio . . Comment . ... . ,
Amendment to:Site Development Plan !05/22/18 - .;:
APPLICANT / CONTACT INFORMATION
ContactType Nan',e Address CityState Zip, Phone PhoneCell
O.warAppirant 3:MALLOY PROPERTIES III LLC-C(0 h1ALLDY 1300 RICHMOND ROAD CHARLOTTESVILL 22911 ° i
Fnnary contact 'VALERIE 49. LONG,WILLIAMS MULLEN 321 EAST MAIN STREET,SUITE CHARLOTTESVILL 22902 4349515709
I
, I
. i
Signature of ContractororAuthorized Agent Date
ivision-Roo
County of Albemarle Geographical Data Services DCharlottes le,VA
. 'Parcel Property Information 401 McIntire Road 22932-4595
TMP 04500-00-00-068C1 Legal ACREAGE PARCEL"A" 1..I
Description BETTER LIVING'BUILDING SUPPLY I s,.1
Parent TMP - - - ..!!
Tax Map 04500 Section 00 Block 00 Parcel 068C1 GPIN 491895921999
Major Subdiv. Acreage Total Acres 4.97 TMP Inactive? • ACTIVE
E-911 STREET ADDRESS INFORMATION House Num Street Name , i Apartment/}. City State ; 'Zipcode
2070 ?SEMINOLE TRL I CHARLOTTESVILLE VA �I 22901 I
OWNER INFORMATION '
Name
reet
City/State ,
HIALLOYPROPERTIES III LLC GO h1ALLOY CO '1300RICHMONDt ROAD
CHARLOTTESVILLE VA— Zip 22911
ADDITIONAL PROPERTY INFORMATION
Agricultural Forest District: Not in A/F District I+, High School District: Albemarle Lt.
Traffic2one: 120 in Middle 5chool District: Burley LTJ
Voter Precinct: Agnor-Hurt L Elem.School District: Agnor-Hurt it
Magisterial District: Rio it
Metro Planning Area?I'/ Census Block Group: 1 1+1
CATS Areal'? Census Tract: 108 LJ
Public Water Sewer: Water&Sewer .0 Water Supply Protection Area? NO Other Rural Land? NO
Watershed: South Fork Rivanna (below rt L+i Development Area? YES
Historical Significance
World Heritage Site I'' National Historic Landmark I Virginia Landmark Register I National Register of Historic Places
Parcel Has Proffers I Parcel Has Easements
Current Land Use Number of Structures Number of Dwelling Units
Primary: Commercial It 2 0
Secondary: Unassigned In 0
Minor: Unassigned it 0 0
Comprehensive Plan Land Use I Plan Area: Neighborhood 1 - Places 29 i.
Primary: Commercial-mixed use +{ 0ther2: Unassigned +1
Secondary: Office/R& D./Flex/Light Industrial it 0ther3: Unassigned In
Minor: Unassigned Lf Other4: Unassigned t+l
Other: Unassigned 13 Others: Unassigned Lt
Zoning GLrmsr Zoning Zoning Adopted 1217980 Zoning Prior to 1211980
Primary: -' Commercial Business it
Secondary:
Una wag edommercial PlannedrprtIndustrialctirl r Unassigned it
LJ LJ
M
ry� Unassigned f+i Airport Protection Overlay i+
+
_L; Unassigned _ I+1
Other: Unassigned `.. Natural Resource Extraction Overlay) Flood Hazard Overlay'
Airport Impact Area I:,/ Entrance Corridor Overlay l,/ Scenic Stream Overlay I-
ACTIVITY INFORMATION
PLANNING ACTIVITIES BUILDING ACTIVITIES
IicationNumb + . CurrentStatus S ecialConditions '4. licationNumb + CurrentPermitSt S ecialConditions - ..
CLE201500246 Approved BOY SCOUTS OF B200408025AC Permit Expired
CLE2 0140 0 2 2 7 Approved BOY SCOUTS OF AMERICA B200100406AC Completed- No
CLE201300283 Approved BOY SCOUTS CHRISTMAS B1998001960 CO Issued i
CLE201200237 Approved BOY SCOUTS OF AMERICA B199700321AC CO Issued
AR6201700128 Approved '. B199700320NC CO Issued
ARB201700033 Approved - B199700092NC CO Issued _
Printed On: Tuesday,May22,2018-
SPECIAL USE PERMIT CHECKLIST for
PREAPP201800053-Body Shop on Tax Map Parcel 04500-00-00-068A0(Amendment to
SP201600018)
Project Name/Tax Map Parcel Number
After the mandatory pre-application meeting, county staff will mark this checklist appropriately so
that it is clear to the applicant the information from Section 33.4(c)that must be submitted with
the official application
Required for Provided with
application? application
(County Staff) (Applicant) SECTION 33.4(c)
X X
YES NO
x / A narrative of the project proposal, including its public need or benefit;
x A narrative of the proposed project's consistency with the comprehensive plan,
including the land use plan and the master plan for the applicable development area;
x A narrative of the proposed project's impacts on public facilities and public
infrastructure.
x A narrative of the proposed project's impacts on environmental features.
x A narrative of proposed ways to address impacts from the proposed project.
x One or more maps showing the proposed project's regional context and existing natural
L-= and manmade physical conditions;
x A conceptual plan showing,as applicable:
x 1)the street network, including circulation within the project and connections to
existing and proposed or planned streets within and outside of the project;
2)typical cross-sections to show proportions,scale and streetscape/cross-
sections/circulation;
3)the general location of pedestrian and bicycle facilities;
x 4) building envelopes;
x / 5) parking envelopes;
6) public spaces and amenities;
7)areas to be designated as conservation and/or preservation areas;
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 1 of 2
' •
8)conceptual stormwater detention facility locations;
9)conceptual grading;
Other special studies or documentation,if applicable,and any other information
identified as necessary by the county on the pre-application comment form.
Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit.
Read and Sign
I hereby state that,to the best of my knowledge,the official application submitted contains all information marked on
this checklist as required for application.
(Pk' t't - 41);A-41( VgaiLWA6---
Signature of person completing this checklist Date
^ �51 - 5.7
V a. .flirt I
V U Lo 434-2S5-583-2;ext. 3432
Print Name Daytime phone number of Signatory
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 2
}
Application for
Special Use Permit
ALe�.,
�tt2�(N1P
IMPORTANT: Your application will be considered INCOMPLETE until all of the required attachments listed on page 2
have been submitted and the application signature is verified (see Page 3). Also, please see the list on page 4 for the
appropriate fee(s) related to your application.
PROJECT NAME: (how should we refer to this application?) Amendment to Malloy Ford Body Shop
PROPOSAL/REQUEST: Amend SP201600018 to Add Section Location for Body Shop Use
ZONING ORDINANCE SECTION(S): Sections 24.2.2(17) and 5.1.31
EXISTING COMP PLAN LAND USE/DENSITY: Commercial Mixed Use
LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT:
2060 and 2070 Seminole Trail
TAX MAP PARCEL(s): 04500-00-00-068AO and 04500-00-00-068C1
ZONING DISTRICT: Highway Commercial
# OF ACRES TO BE COVERED BY SPECIAL USE PERMIT if a portion, it must be delineated on a plat):
Is this an amendment to an existing Special Use Permit? If Yes provide that SP Number. SP- 201600018
® YES ❑ NO
Are you submitting a preliminary site plan with this application?
❑ YES ® NO
Contact Person (Who should we call/write concerning this project?): Valerie W. Long, Williams Mullen
Address 321 East Main Street, Suite 400 City Charlottesville State Virginia Zip 22902
Daytime Phone (_) 951-5709 Fax # (_) E-mail vlong@williamsmullen.com
Owner of Record Malloy Properties III, LLC c/o Geoff Malloy
Address 1300 Richmond Road City Charlottesville State Virginia Zip 22911
Daytime Phone (___) 703-309-2004 Fax # (___) _
Applicant (Who is the Contact person representing?): same as Owner.
Address
Daytime Phone (___)
Fax # �)
City
E-mail gmalloy2@aol.com
E-mail
State Zip
Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers:
04500-00-00-112AO and 04500-00-00-11 B1
FOR OFFICE USE ONLY SP # a 11- Ot?C9 S SIGN #
Fee Amount $ Date Paid By who? OC Receipt # Ck# By:
ZONING ORDINANCE SECTION s • �,
Concurrent review of Site Development Plan? YES NO
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Special Use Permit Application Revised 4/23/2018 Page 1 of 4
REQUIRED ATTACHMENTS()THER INFORMATION TO BE PRON(":D for THE APPLICATION TO BE
OFFICIALLY SUBMITTED & DEEMED COMPLETE
❑ Application Signature Page
❑ One (1) completed & signed copv of the Checklist for a Special Use Permit.
❑ One (1) copy of the Pre -application Comment Form received from county staff
❑ One (1) copy of any special studies or documentation as specified in the Pre -application Comment Form,
❑ Seventeen (17) folded copies of a Conceptual Plan.
❑ Seventeen (17) copies of a written narrative
The narrative must be laid out to identify each of the bulleted TITLES as follows:
PROJECT PROPOSAL
The project proposal, including
■ its public need or benefit;
■ how the special use will not be a substantial detriment to adjacent lots,
■ how the character of the zoning district will not be changed by the proposed special use, and
■ how the special use will be in harmony with the following;
o the purpose and intent of the Zoning Ordinance,
o the uses permitted by right in the zoning district,
o the regulations provided in Section 5 of the Zoning Ordinance as applicable, and
o the public health, safety and general welfare.
(be as descriptive as possible, including details such as but not limited to the number of persons involved in
the use, operating hours, and any unique features of the use)
• CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed project's consistency with the comprehensive plan, including the land use plan and the master
plan for the applicable development area;
IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE
The proposed project's impacts on public facilities and public infrastructure.
• IMPACTS ON ENVIRONMENTAL FEATURES
The proposed project's impacts on environmental features.
❑ One (1) copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s)
composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed
project, both of which shall include a metes and bounds description of the boundaries.
❑ Taxes, charges fees liens owed to the County of Albemarle
As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility
fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle
and have been properly assessed against the subject property, have been paid.
PLEASE CONSULT THE LIST OF ITEMS WHICH WILL BE REVIEWED BY STAFF
LINKED HERE
Special Use Permit Application Revised 4/23/2018 Page 2 of 4
APP'L.XATION SIGNATUIC PAGE
VERIFICATION OF THE SIGNATURE ON THIS PAGE MUST HAPPEN BEFORE THE
APPLICATION MAY BE DEEMED COMPLETE
If ownership of the property is in the name of any type of legal entity or organization including, but not limited to,
an LLC, a corporation, a partnership or association, or a trust, then a document acceptable to the County must be
submitted with this application certifying that the person signing below has the authority to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the
owner's written consent to the application and must include any applicable documents authorizing that person to
provide consent. If the applicant is the agent of the owner, a document acceptable to the County must be submitted
that is evidence of the existence and scope of the agency. Please attach the owner's written consent.
❑ One (1) copy of the applicable ownership information.
CHECK AS
OWNERSHIP OF THE PROPERTY IS A
DOCUMENT TO BE PROVIDED FOR THIS APPLICATION
APPLIC LE
UY
Limited liability company ("LLC")
The articles of organization and when the power is delegated to someone
other than a manager or a member, also the operating agreement.
❑
Stock & Nonstock corporation
(1) for a board of directors
(1)
a. Stock - the articles of incorporation or a shareholders
agreement may limit the board's statutory authority.
b. Nonstock - the articles of incorporation and the by-laws,
the latter of which may include a member or director
agreement, may limit the board's statutory authority
(2) for a person expressly authorized
(2) written evidence of that authorization such as a board resolution or
by the board of directors
board minutes
(3) for a committee
(3) an action of the board of directors authorizing the committee to act;
the articles of incorporation or the by-laws may limit the statutory
authority
(4) for a corporate officer
(4) the by-laws or the delegating resolution of the board of directors.
❑
Partnership
The statement of partnership authority, which may limit the authority of one
or more partners.
❑
Limited partnership
The partnership agreement, or amendments thereto, which may limit the
authority of one or more general partners.
❑
Incorporated & Unincorporated church and
(1) for trustees, an authorizing court order
other religious body
(2) for the corporation holding title, the appropriate corporate documents
(3) for a bishop, minister or ecclesiastical officer, the laws, rules or
ecclesiastical polity of the entity that authorizes the person to hold, improve,
mortgage, sell and convey the property.
❑
Land trust
The deed of conveyance to the trustees and the trust instrument
See Attachment A in the Land Use Law Handbook for
a complete list of Authorized Signatories for Land Use Applications
Owner/Applicant Must Read and Sign
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I
also certify that the information provided on this application and accompanying information is accurate, true, and correct to the
best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this
application being provided to me or my designated contact via fax and or email. This consent does not preclude such written
communication from also being sent via first class mail.
Si ature of Owner/Ag t or ontract Purchas
i�l 1.4
Print Name
5-24-Ir
Date
1' 5/- 574
Daytime phone number of Signatory
Special Use Permit Application Revised 4/23/2018 Page 3 of 4
Required FEES to be paid once the applicatioti is deemed complete:
An email will be sent to the application contact once the submittal is deemed complete.
What tvne of Special Use Permit are you applying for?
❑
Nev,, Special Use Permit
$2,150
❑
Additional lots under section 10.5.2.1
$1,075�
❑
Public utilities
$1,075
❑
Da care center
$1,075
❑
Home Occupation Class B
$1,075
To amend existingspecial use permit
$1,075
❑
❑
To extend existing special use permit
Farmer's markets without an existing commercial entrance approved by the VDOT or without existing and adequate parking
$1,075
$527
❑
Farmer's markets with an existing commercial entrance approved by the VDOT and with existing and adequate parking
$118
❑
Signs under section 4.15.5 and 4.15.5A (filed for review by the Board of Zoning Appeals under the Variance Schedule)
$538
❑
ALL SPECIAL USE PERMITS - FIRE RESCUE REVIEW FEE
$50
To be paid after staff review for public notice:
Most applications for a Special Use Permit require at least one public hearing by the Planning Commission and one public
hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing
a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two fees
for public notice are required before a Special Use Permit may be heard by the Board of Supervisors. Applications
reviewed by the Board of Zoning Appeals, however, only require one public hearing and therefore require just one fee for
public notice.
The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before
the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner
notification to be between $400 and $450 per hearing. This estimate reflects the average cost of public notice fees for
Special Use Permit applications, but the cost of certain applications may be higher.
➢ Preparing and mailing or delivering up to fifty (50) notices
$215 + actual cost of first-class postage
➢ Preparing and mailing or delivering each notice after fifty (50)
$1.08 for each additional notice + actual
cost of first-class postage
➢ Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
(averages between $150 and $250)
➢ Special Exception — provide written justification with application - $457
Other FEES that may apply:
➢
Deferral of scheduled public hearing at applicant's re ucst
$l94
Resubmittal fees for original Special Use Permit fee of $2,150
FREE
➢
First resubmission
➢
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$1 075
Resubmittal fees for original Special Use Permit fee of $1,075
FREE
➢
First resubmission
➢
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$538
The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance.
Special Use Permit Application Revised 4/23/2018 Page 4 of 4
Special Use Permit Written Narrative
Amendment to the Malloy Ford Body Shop
PROJECT PROPOSAL
May 21, 2018
Malloy Properties III LLC (the "Applicant') is the owner of Tax Map Parcels 04500-00-00-068C1 and
04500-00-00-068A0. On December 14, 2016, the Board of Supervisors approved Special Use Permit
SP2016-00018 (the "2016 Body Shop SUP") to allow a body shop on Tax Map Parcel 04500-00-00-
068C1 (the "Existing SUP Parcel") and Special Use Permit SP2016-00011 (the "Outdoor Storage and
Display SUP") to allow outdoor storage and display on the Existing SUP Parcel (together with the Body
Shop SUP, the "Approved SUPs"). The Existing SUP Parcel is highlighted in purple in Figure 1 below.
The Applicant requests an amendment to the Body Shop SUP to relocate portions of the body shop to
Tax Map Parcel 04500-00-00-068C1 (the "Proposed SUP Parcel'), highlighted in blue in Figure 1 below.
R
45-112
26'44
Figure -1-
45-68C
Description of the properties to be developed
TMP
Acreage
Recent Use
Future Use
Zoning
Comprehensive Plan
Designation
45-68C1
5.19
Better Living
Car
Highway
Commercial Mixed Use
Existing SUP
Building Supply
Dealership
Commercial
Parcel
Company
45-68A
2.06
Better Living
Body Shop
Highway
Commercial Mixed Use
Proposed
Furniture Store
(on portion)
Commercial
SUP Parcel
With the Approved SUPs, the Applicant plans to operate an automobile dealership with sales and a
service center within the former Better Living Building Supply structure, and a body shop within another
Building Supply structure located at the back of the Existing SUP Parcel, adjacent to Berkmar Drive.
With this request, the Applicant would like to still utilize the back of the Existing SUP Parcel to store
vehicles awaiting repair, in the location shown as "Body Shop Location #V on the enclosed Concept
Plan. However, the Applicant would also like to utilize the existing structure in the back of the Proposed
SUP Parcel for the location in which the actual repair of the vehicles will occur, as well as the storage of
parts, materials and equipment (shown as "Body Shop Location #2" on the Concept Plan). The reason
for this request is that the Applicant has determined that it would be far more expensive to renovate the
existing building at Body Shop Location #1 for the body shop use than initially expected. The Applicant
believes the existing warehouse building at Body Shop Location #2, which is under common ownership,
would also be appropriate for the indoor, servicing portion of the body shop use.
The service at the Proposed SUP Parcel will occur completely indoors, shielding any visibility from any
public road or adjacent parcels. Therefore, no outdoor storage and display uses are proposed on the
Proposed SUP Parcel. The only change to the existing buildings will be to update the doors to serve the
proposed use. No new buildings will be constructed and no changes to the parking lot or travel ways are
being proposed. In addition, the sole change to the Body Shop SUP is to allow Body Shop Location #2.
While it is unlikely that two body shops at Body Shop Location #1 and Body Shop Location #2 would
ever be in operation at the same time, the Applicant would like to retain the flexibility for such an
arrangement in the event it ever became necessary for the efficient and effective operation of the
business and to respond to customer demand. The Applicant would still be restricted to five (5) service
bays, as previously. However, the Applicant would like the flexibility of being able to utilize such service
bays in either body shop location. Because this application does not request the addition of service
bays, the number of required parking spaces will remain the same and therefore such requirement is
satisfied pursuant to the Concept Plan, which shows no changes to the parking layout from the Concept
Plans of the Approved SUPs.
This special use permit request will only apply to the 9,120 square foot warehouse building (shown as
Body Shop Location #2 on the Concept Plan). The special use permit will not include the remaining
portion of the existing, vacant building on the Proposed SUP Parcel, which includes 30,096 square feet,
and is attached to the warehouse building. The Applicant intends to lease such remaining portion of the
existing building on the Proposed SUP Parcel to future tenant(s).
Section 5.1.31 of the Albemarle County Zoning Code regulates body shop uses as follows: "Each
automobile or truck repair shop, body shop, motorcycle and off -road vehicle sales and service shop, and
public garage shall be subject to the following:
(a) All parts, materials and equipment shall be stored within an enclosed building.
As stated earlier, the proposal includes the addition of Body Shop Location #2, where parts,
materials and equipment are intended to be stored. All such storage will occur within the
existing, enclosed 9,120 square foot warehouse building. The larger attached building is not part
of this special use permit request.
(b) No vehicle awaiting repair shall be located on any portion of the site so as to be visible from
any public street or any residential property, and shall be limited to locations designated on
the approved site plan.
NA
The Applicant does not propose changing the location of the vehicles awaiting repair area from
the location shown on the 2016 Body Shop SUP, which was determined to be sufficiently
screened from any public street or residential property.
(c) All services shall be performed within an enclosed building.
The additional Body Shop Location #2 is intended to be an area where the servicing of vehicles
for the body shop will occur. As with (a) related to the storage of materials and equipment, the
servicing that occurs within this are will take place within the existing, enclosed 9,120 square foot
warehouse building. The larger attached building is not part of this special use permit request.
(d) No buildings in which services are performed shall be located closer than fifty (50) feet from
any residential or agricultural district.
Both Body Shop Location #1 and Body Shop Location #2 are located at a distance greater than
fifty (50) feet from any residential or agricultural district.
Public Need or Benefit
As discussed in more detail in the section of this Narrative entitled "Consistency with the Comprehensive
Plan," a body shop use is an essential component for many automobile dealerships as it provides
revenue when the economy is doing poorly and thus the demand for new vehicles is low. Therefore, the
approval of a body shop use as part of the future Malloy Ford automobile dealership located on the
Existing SUP Parcel encourages the success of a business that provides an important service to the
public.
No Substantial Detriment to Adjacent Lots
The proposed amendment to the Approved SUPs will not adversely impact adjacent lots, as there will be
no increase in the intensity of use as compared to the uses of the Approved SUPs. The Applicant is not
proposing to increase the number of allowable vehicle service bays. In addition, as stated earlier,
vehicles awaiting repair related to the body shop uses will occur solely at the location designated in the
2016 Body Shop SUP, which it was determined had adequate screening from adjacent roadways and
parcels.
No Change in the Character of the Zoning District
The proposed body shop use will not change the character of the zoning district. As stated earlier, the
same use was approved with the 2016 Body Shop SUP and is complimentary of the future automobile
dealership to be located on the Existing SUP Parcel, adjacent to the Proposed SUP Parcel. It is also
consistent with similar uses within the Highway Commercial Zoning designation.
Harmony with the following list:
Purpose and Intent of the Zoning Ordinance
3
Section 1.4 of the Zoning Ordinance states that the purpose of the ordinance is to promote the
public health, safety, convenience and welfare, including: "(C) facilitate creating a convenient,
attractive, and harmonious community... (G) encourage economic development activities that
provide desirable employment and enlarge the tax base." As stated earlier, allowing for the body
shop use will encourage the success of the automobile dealership to be located on the Existing
SUP Parcel. The existing Malloy Ford automobile dealership greatly contributes to the tax base
and it will continue to do so in its new location. The proposed body shop use will also provide a
convenient public service to those individuals who purchase cars at the dealership.
Uses Permitted By -Right in the Zoning District
The body shop use is complimentary and critical to an automobile dealership use, which is
allowed by -right in Highway Commercial districts.
Regulations Provided in Section 5 of the Zoning Ordinance
The relevant regulations in Section 5 of the Zoning Ordinance were discussed above. The
proposed body shop will utilize the vehicles awaiting repair area location of the 2016 Body Shop
SUP, which was determined to have adequate screening from any public streets or residential
properties. All storage and services related to the body shop use will occur within enclosed
buildings and will not be closer than fifty (50) feet from any residential or agricultural district.
Public Health, Safety and General Welfare
As stated earlier, the body shop use will provide an important service to the public at a
convenient location, especially to those who purchased their automobiles at the future
automobile dealership located on the Existing SUP Parcel. The intensity of the use will not
increase compared with the Approved SUPs and therefore there will be no increased traffic or
additional parking spaces required.
CONSISTENCY WITH COMPREHENSIVE PLAN
Both the Proposed SUP Parcel's and Existing SUP Parcel's primary designation is Commercial Mixed
Use. Primary uses within this designation include: community and regional retail, commercial service,
auto commercial service, and office uses.
Secondary uses include: office, research & development (R&D), flex, residential, open space, and
institutional uses. The Applicant's approved auto dealership is harmonious with the vision and uses
intended for this commercial site within the Places 29 Masterplan, as auto commercial service is
specifically identified. A body shop is an essential component for many automobile dealerships.
Revenue generated from a body shop often has an indirect correlation with revenue generated from new
vehicle sales, such that as sales of new cars increase, service on older cars decreases. Accordingly, as
sales of new cars decrease during economic downturns, customers hold onto their older cars longer,
which results in increases in the revenue from service and body shop work. Thus, the addition of a body
shop in an auto dealership allows for financial stability through economic downturns. Body shops also
provide a convenient service to the public and are compatible with automobile dealerships.
The project also is an example of sustainability through the repurposing of existing commercial buildings
and sites.
M
IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE
The proposed project has no negative impact on public facilities and public infrastructure. This
application does not request additional service bays and therefore no traffic will be generated that is in
addition to the Approved SUPs and no additional parking spaces will be required.
IMPACTS ON ENVIRONMENTAL FEATURES
The proposed project has no negative impacts on environmental features, as the use is proposed to be
carried out inside an existing structure.
Enclosed:
Conceptual Special Use Application Plan for Malloy Ford, dated May 21, 2018, prepared by Shimp
Engineering, P.C.
36164691_2.docx
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