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HomeMy WebLinkAboutZMA201400008 Staff Report 2015-03-17 COUNTY OF ALBEMARLE STAFF REPORT SUMMARY Project Name: ZMA201400008 CMA Staff: Rachel Falkenstein Properties; SP201500005 CMA Properties Outdoor Storage & Display; SP201500006 CMA Properties Stand Alone Parking Planning Commission Public Hearing: March Board of Supervisors Public Hearing: TBD 17, 2015 Owner: CMA Properties Inc. Applicant: CMA Properties Inc. Acreage: 3.53 acres Rezone from R-6 Residential to HC Highway Commercial. Special use permit for Outdoor storage, display and/or sales within the Entrance Corridor Overlay under Section 30.6.3. Special use permit for Stand alone parking under Section 24.2.2. TMP: 04500000017300 By-right use: R-6 Residential zoning district, residential uses at a density of 6 units per acre. Magisterial District: Rio Proffers: Yes Proposal: Request to permit the expansion of Requested # of Dwelling Units: None Colonial Auto Center operations, parking and inventory onto adjacent parcel; to allow outdoor storage and display of inventory vehicles within Rio Road Entrance Corridor; to allow stand alone parking to support adjacent Colonial Auto Center property during first phase. DA (Development Area): Places29 Comp. Plan Designation: Urban Density Residential which allows residential uses at 6-12 units/acre and supporting uses such as religious institutions, schools, commercial. Concurrent with Comprehensive Plan Amendment application CPA201400002. Character of Property: Currently vacant. Use of Surrounding Properties: To the east - Former site of Greenfield Mobile Home Park. current Colonial Auto Center, Rio Hill Shopping Road network and pads remain, partially Center; north —vacant parcel zoned wooded. Neighborhood Model District and Agnor Hurt Elementary; west—vacant parcel and small businesses, south — apartment building, vacant parcels and single family homes. Factors Favorable: Factors Unfavorable: ZMA20140008 ZMA20140008 1. The rezoning is consistent with the 1. The proposed building envelope does not Comprehensive Plan land use change from meet neighborhood model principles of CPA2014-00002. relegated parking and buildings and spaces of 2. The rezoning is supportive of the County's human scale. This location would be economic development goals including the appropriate for auto sales/service, but is not expansion of an existing business, infill appropriate for other retail uses permitted in development and the creation of new jobs. HC zoning. 3. The rezoning request does not impede the 2. The short term development of the site does ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 1 opportunity for the extension of Myers Drive not provide for pedestrian improvements should it be recommended by the Small Area along Berkmar Drive, which could leave a gap Plan. in the pedestrian network as adjacent parcels 4. The proffers and concept plan provide area develop. reserved for future right-of-way dedication for 3. The proffers and concept plan are in need of the expansion of Berkmar Drive. substantive and technical revisions. SP201500005 Outdoor Storage/Display SP201500005 Outdoor Storage/Display 1. The Architectural Review Board has None. reviewed the request for outdoor sales, storage and display and recommends approval with conditions. SP201500006 Stand Alone Parking SP201500006 Stand Alone Parking 1. With staff's recommended changes to the None. proffers and concept plan, the parking will be adequately screened from Berkmar Drive and residential uses across Berkmar Drive. RECOMMENDATION: Staff recommends approval of ZMA201400008 CMA Properties provided the following changes are made to the proffers and concept plan prior to the Board of Supervisors meeting: 1. The building envelope on the concept plan should be extended to the edge of the right of way. The applicant should commit to locating buildings for commercial uses other than automobile sales/service to addresses the street with relegated parking. 2. The sidewalks and street trees should be constructed upon demand of the County rather than during Phase 2. 3. The landscaping/screening provided during the Phase 1 development should be enhanced. Staff recommends at minimum a 20' planting strip along Berkmar Drive. 4. The concept plan should clearly identify which elements of the site will be constructed during Phase 1 and Phase 2. 5. The proffer to keep Myers Drive free from impediments for a period of two years should be clarified (it may be determined that this proffer is not needed based on commitments provided in the concept plan). 6. Technical fixes should be made to proffers as recommended by staff. Staff recommends approval of SP201500005 CMA Properties - Outdoor Storage & Display with the following conditions: 1. Vehicles shall not be elevated anywhere on site. 2. Vehicles shall be displayed only in areas indicated as "inventory" on the plan entitled "CMA Properties Highway Commercial Concept Plan" by Collins Engineering with revision date of 1- 30-2015. Inventory parking within the EC Overlay District shall be only in designated striped parking spaces, as identified on this plan. 3. Final site plan approval is subject to ARB approval of the lighting plan (submitted with the site plan). Maximum light levels shall not exceed 30 footcandles. 4. Final site plan approval is subject to ARB approval of the landscape plan (submitted with the site plan). Landscaping shown on the plan may be required to be in excess of the minimum requirements of ARB guidelines and/or the Zoning Ordinance to mitigate visual impacts of the proposed use. 5. Clarify on the plan all site elements to be included in Phase 1 and Phase 2. If the stormwater pond is constructed in Phase 1, indicate that the trees along the southern perimeter of the site will also be installed in Phase 1. Staff recommends approval of SP201500006 CMA Properties — Stand Alone Parking with no conditions. ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 2 STAFF PERSON: Rachel Falkenstein PLANNING COMMISSION: March 17, 2015 BOARD OF SUPERVISORS TBD ZMA201400008 CMA Properties SP201500005 CMA Properties -Outdoor Storage & Display SP201500006 CMA Properties - Stand Alone Parking PETITION PROJECT: ZMA201400008 CMA Properties, SP201500005 CMA Properties - Outdoor Storage & Display, SP201500006 CMA Properties - Stand Alone Parking MAGISTERIAL DISTRICT: Rio TAX MAP/PARCEL: 04500000017300 LOCATION: East side of Berkmar Drive (Rt 1403), 400 feet northeast of intersection with Rio Road (Rt 631) PROPOSAL: Request to permit the expansion of Colonial Auto Center operations, parking and inventory onto adjacent parcel; to allow outdoor storage and display of inventory vehicles within Rio Road Entrance Corridor; to allow stand alone parking to support adjacent Colonial Auto Center property. PETITION: Rezone 3.53 acres from R-6 Residential zoning district which allows residential uses at a density of 6 units per acre to HC Highway Commercial zoning district which allows commercial and service, residential by special use permit at a density of 15 units/acre; special use permit for outdoor storage, display and/or sales serving or associated with a permitted use within the Entrance Corridor Overlay under Section 30.6.3 of zoning ordinance; special use permit for standalone parking and parking structures under Section 24.2.2 of zoning ordinance. No dwellings proposed. ENTRANCE CORRIDOR: Yes AIRPORT IMPACT OVERLAY: Yes PROFFERS: Yes COMPREHENSIVE PLAN: Urban Density Residential which allows residential uses at 6-12 units/acre and supporting uses such as religious institutions, schools, commercial. Concurrent with Comprehensive Plan Amendment application CPA201400002 CHARACTER OF THE AREA The currently vacant 3.53 acre parcel is the former site of the Greenfield Mobile Home Park, which closed in June of 2013 due to water infrastructure issues. The parcel is mostly cleared except for some trees along the southern and eastern portions of the lot. To the north of the property are two vacant parcels zoned Neighborhood Model District (NMD). To the south is an apartment building, a vacant parcel and a few single family homes. The parcels to the south are zoned for commercial and a few of these are currently under review for proposed commercial uses. To the east is the existing Colonial Auto Center and to the northeast is Rio Hill Shopping Center. To the west, across Berkmar Drive, are several small office buildings and Agnor-Hurt Elementary school (Attachment A). SPECIFICS OF THE PROPOSAL The applicant proposes to rezone the property from R-6 Residential to HC Highway Commercial to allow for the expansion of the Colonial Auto Center business along a contiguous footprint. The applicant proposes to develop the parcel in two phases. Phase 1 will include the construction of a backdoor entrance on Berkmar Drive and a paved parking area for employee and customer parking as well as inventory parking. Phase 2 will include the construction of a building and additional parking. The applicant has not identified a specific use for the building, ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 3 but anticipates it will be a continuation/expansion of some aspect of the existing automobile sales and/or service provided by Colonial Auto Center (Attachment B). The applicant has also submitted two Special Use Permit (SP) applications. The first is a request (SP2015-00005) is to permit outdoor storage and display within the Entrance Corridor. The southern portion of this property lies within the Rio Road Entrance Corridor and an SP is required for outdoor storage, display and/or sales serving or associated with a permitted use within the Entrance Corridor. The intent of the special use permit requirement for outdoor sales, storage and display is to review the potential impacts of those activities on the Entrance Corridors. The second SP is to allow stand alone parking, which is parking located on a lot other than the lot on which the use served is located. Having stand alone parking requires an SP within HC zoning. For the Phase 1 development of the property the applicant proposes stand alone parking with no associated buildings or uses on site to serving the existing Colonial Auto Center business located on the adjacent parcel. APPLICANT'S JUSTIFICATION FOR THE REQUEST In the short term, the ZMA and SPs would satisfy the applicant's needs for relocation of existing parking during the Rio/Route 29 interchange construction. The construction will temporarily eliminate some parking areas on the current Colonial Auto Center property and the proposal will allow for an alternate location for inventory, employee and customer parking. In the long term, the applicant would like to use the property to expand the existing Colonial Auto Center business. The applicant anticipates the addition of 20-30 new jobs with the future automotive use of the property and suggests that allowing growth of the business along a contiguous footprint will reduce trips around town by customers and employees (Attachment C, D & E). PLANNING AND ZONING HISTORY • This property was zoned R-6 in the 1980 comprehensive rezoning. • ZMA97-06 - Request to rezone the property from R-6 to C-1 for unspecified uses. The application was indefinitely deferred. • CPA201400002 CMA Properties — Request to amend the Comprehensive Plan land use designation from Urban Density Residential to Office/R&D/Flex/Light Industrial. On 1/13/15 the Board expressed their support for the CPA and will either fold the land use change into full Comp Plan update, or hold a public hearing for CPA at the same time that the ZMA comes before the Board, whichever comes first (Attachment F). COMPREHENSIVE PLAN Land Use:As mentioned above, there is a Comprehensive Plan Amendment application running concurrently with this application to change the land use on the property from Urban Density Residential to Office/R&D/Flex/Light Industrial. An analysis of how the proposed use complies with the Comprehensive Plan was provided with CPA2014-02 (see Attachment F). Neighborhood Model: Staff's analysis below indicates how well this proposal meets the 12 principles of the Neighborhood Model. Pedestrian The concept plan and proffers make a commitment to construct a Orientation sidewalk and street trees with the Phase 2 development of the site. This principle will be met with Phase 2; however, staff recommends that a sidewalk and street trees be constructed upon the demand of ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 4 the County. This would allow for sidewalk connections when adjacent parcels redevelop with sidewalks, which could occur sooner than the Phase 2 development. Mixture of Uses This proposal is for a singular use on a currently vacant site but there are some residences and a school within walking distance of the site. Future mix of uses for the area will be part of upcoming Small Area Plan. This principle is met. Neighborhood The property is located close to the Rio Hill shopping center. The Centers Places 29 Master Plan does not recommend this site serve as part of a center but as an area adjacent to a center. This principle is met. Mixture of Housing Not applicable to this request. Types and Affordability Interconnected The potential extension of Myers Drive with sidewalks could improve Streets and interconnectivity in the area. Until a Small Area Plan is developed for Transportation this area, the alignment between Myers Drive and the Berkmar Networks entrance should be kept clear of buildings. This principle is met with the concept plan showing no buildings in this location. Multi-modal This section of Berkmar Drive contains bike lanes in both directions. Transportation The addition of a sidewalk on the east side of Berkmar Drive would Opportunities improve conditions for walking. This principle will be met with Phase 2 of the proposal but is not met with the short-term redevelopment of the site. Staff recommends that a sidewalk and street trees be constructed upon the demand of the County, to allow for sidewalk connections when adjacent parcels redevelop with sidewalks. Parks, Recreational Not applicable to this request. Amenities, and Open Space Buildings and Space The proposed building is separated from the street by two rows of of Human Scale parking and does not address the street. This principle is not met. The building is set back from the street with two rows of parking between the building and street/sidewalk. Staff feels that if the building is used for automotive sales and service, then the location of the building is appropriate, but recommends a commitment be made by the applicant to have the building address the street if the site is developed for other commercial or retail uses. Relegated Parking Parking is shown along the entire frontage of Berkmar Drive. This principle is not met. Two rows of parking are shown between the building and street. Staff feels that if the building is used for automotive sales and service, then the location of the parking is appropriate, but recommends a commitment be made by the applicant to have the building address the street with relegated parking if the site is developed for other commercial or retail uses. Redevelopment The proposed infill development project would be built on a vacant site that was formerly a mobile home park. This principle is met. Respecting Terrain The concept plan shows areas of managed steep slopes to be and Careful Grading graded, but notes that the grading of these slopes will be done in and Re-grading of accordance with the County regulations. This principle is met. Terrain Clear Boundaries Not applicable to this request. with the Rural Area ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 5 Relationship between the application and the purpose and intent of the requested zoning district Highway Commercial Districts are intended for development of commercial establishments, other than shopping centers, primarily oriented to highway locations rather than to central business concentrations. It is further intended to limit sprawling strip commercial development by providing sites with adequate frontage and depth to permit controlled access to public streets. Motor vehicle sales and service is a by-right use HC zoning. The proposed rezoning will allow an existing business to expand along a contiguous footprint and provides opportunities for improved traffic circulation and interconnection for properties in the immediate vicinity. The development of the site will provide a backdoor entrance to the existing Colonial Auto Center which could help mitigate traffic impacts on Route 29. Anticipated impact on public facilities and services Streets: The development of the site will provide a backdoor entrance to the existing Colonial Auto Center, which could help mitigate traffic impacts on Route 29. Traffic impacts on Berkmar Drive are unknown at this time. Engineering staff has asked that left and right turn analysis be provided with the rezoning application to determine if changes are needed to the existing left turn lane on Berkmar Drive; however, this information has not been provided by the applicant. The Small Area Plan recommended for this area by the Places 29 Master plan will determine a final desired streetscape for this section of Berkmar Drive. The Places29 Master Plan calls for the creation of blocks where possible and shows a possible connection between Route 29 and Berkmar Drive within the vicinity of the existing Myers Drive. Myers Drive currently extends from Route 29 to backside of the Rio Hill Shopping Center. The extension of Myers Drive to Berkmar Drive through or along the northern portion of the CMA site could create an additional link between two major parallel roadways, increase the connectivity of the transportation network and help to establish a block network in this area. The Small Area Plan should include an assessment of the need for this interconnection. The applicant has made a proffer to keep the area between Myers Drive and Berkmar Drive free from impediments until the Small Area Plan can be completed, or for a period of 2 years, whichever comes first. Based on the Concept Plan and the location of the building envelope proffered by the applicant, staff is not sure what is intended by this proffer. More clarification is needed. Schools: No residential units are proposed, so no impacts to schools are expected. Fire and Rescue: The Seminole Fire Station and Berkmar Rescue Squad are within close proximity of the site. Fire/Rescue has no objection to the development as proposed. Utilities: Public water and sewer service is available to the site. No known service capacity issues were identified by Rivanna Water and Sewer Authority. Anticipated impact on cultural and historic resources The Comprehensive Plan (Chapter 2, Natural Resources and Cultural Assets) establishes the goals for preserving the scenic resources that are essential to the County's character, economic vitality and quality of life. The Entrance Corridor Overlay District is intended to support that goal ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 6 by maintaining the visual integrity of the County's roadways. The Architectural Review Board addresses potential adverse aesthetic impacts in the Entrance Corridors by applying the County's Entrance Corridor Design Guidelines during the review of development proposals. The Architectural Review Board has reviewed the subject request for conformance with the Entrance Corridor Design Guidelines. At its meeting on February 17, 2015, the ARB voted 3:0 to forward a recommendation of"no objection" with standard conditions to the Planning Commission. (See Attachment G for the ARB's action letter on this proposal.) Anticipated impact on nearby and surrounding properties No major anticipated impact is expected on nearby and surrounding properties with this rezoning request. Landscaping along Berkmar Drive has been proffered within both Phases of the development. This will provide screening for the stand alone parking during Phase 1 and screening and street trees for Phase 2 when the building is constructed. Landscaping along the southern boundary line is also proposed, which would provide screening to adjacent residential uses. Staff has requested that the applicant provide clarification as to what elements along the southern property line will be constructed in Phase 1 and Phase 2, including screening and the stormwater management facility. Public need and justification for the change The applicant anticipates that the expansion of Colonial Auto Center will create 20-30 additional full time jobs. Further, the applicant anticipates that the proposed use will have a positive impact on traffic in the area by providing an alternate means of ingress and egress to Colonial Auto Center, which will reduce vehicle trips along Route 29, particularly during the Rio/Route 29 interchange construction. Economic Vitality Action Plan The primary goal of the County's Economic Vitality Action Plan is to: Increase the County's economic vitality and future revenues through economic development by expanding the commercial tax base and supporting the creation of quality jobs for local residents. This Plan is developed for the benefit and economic well being, first, of current local residents and existing local businesses. The proposed amendment would support the Plan by providing additional jobs and allowing expansion of an existing local business, while also expanding the commercial tax base. (See staff report for CPA2014-02 for more information on how this request meets the Economic Development Goals of the Comprehensive Plan -Attachment F). PROFFERS The applicant has provided proffers which are summarized below (Attachment H): Development in general accord with important elements of concept plan listed below: a. Building envelope b. Parking envelope c. Access and circulation throughout the property d. Landscaping and screening envelopes e. Area shown as 20' reserved area for future R/W dedication, pedestrian improvements and proposed street trees along Berkmar Drive f. The area between Myers Drive and Berkmar Drive entrance be kept clear from impediments for 2 years or until a Small Area Plan is adopted, whichever occurs first. g. A 10' landscaping buffer along Berkmar Drive during Phase 1 ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 7 h. Sidewalk and street trees along Berkmar Drive to be constructed during Phase 2 Staff has identified a few issues with the proffered concept plan (Attachment B) and important elements listed above. Building envelope: The applicant has not yet specified a use for the building, but anticipates it will be used for automobile sales or service. The applicant feels it is important to their business to maintain two rows of parking for customers and inventory in front of the building and has committed to mitigating the appearance of the parking by providing landscaping and screening; however, the applicant is also not comfortable with committing to a specific use at this time. The location of the building shown would be appropriate for an automobile sales or service building, but if other permitted uses are proposed on the site in the future, such as office, commercial or retail uses, such buildings should address the street with relegated parking. In order to address this issue, the concept plan should be revised to show a more general building footprint extending to the street. A commitment in the form of a proffer should be made by the applicant to require buildings for commercial uses on the site, other than automobile sales and service, be constructed to addresses the street with relegated parking. Sidewalk and street trees: The applicant has proffered to construct the sidewalk and street trees with Phase 2 of the project. Currently, there are no sidewalks along the east side of Berkmar Drive. Parcels to the north proffered the construction of sidewalks with a rezoning application in 2006, but the parcels have not yet developed. The Places29 Master Plan calls for sidewalks and street trees on both sides of the street, but it is anticipated that when the Small Area Plan is developed for this area, a more detailed street section for Berkmar Drive will be determined. Staff recommends that instead of proffering the sidewalks and street trees during Phase 2 of the project that the applicant instead agree to construct these features upon demand of the County, so that if adjacent sidewalks are constructed before Phase 2, this section of sidewalk can also be built. Sidewalks in this area would greatly improve pedestrian safety and interconnectivity, which is especially important considering the site's proximity to the elementary school. Landscaping and screening: Adequate screening should be provided during Phase 1 to screen the stand alone parking area. A 10' landscaping buffer along Berkmar Drive is not adequate to screen the parking shown for Phase 1. The buffer should be increased to, at minimum, a 20' planting strip. This should be provided in addition to trying to preserve existing trees on site during Phase 1. Phase 2 appears to have adequate screening with the addition of street trees and the 10' landscape buffer. Myers Drive: The applicant has proffered to keep the area between Myers Drive and Berkmar Drive free from impediments for a period of 2 years or until the Small Area Plan is adopted, whichever comes first. More clarification is needed for this proffer, as the term "impediments" is not defined. The concept plan is showing access aisles, parking and some landscaping in the area between Myers Drive and Berkmar Drive. These features could be interpreted as impediments as they would need to be relocated if a future roadway were constructed and may cause some redesign of the parking area. However, no building is shown to be blocking the area and these features do not present too great of an obstruction to prohibit the future roadway extension, if recommended by the Small Area Plan. This 2 year commitment was presented to the Planning Commission and Board of Supervisors as part of the review of the CPA request and appeared to be acceptable to each body at that time. Staff notes that the 2 year period is a relatively limited window of time to complete the Small Area Plan and then, if a road is recommended for the area, determine a specific location and acquire necessary rights to develop such a road. Staff believes a 4-5 year commitment ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 8 would be more appropriate. However, as mentioned above, this proffer may not be necessary since the proffered concept plan already shows this area free from buildings/permanent structures. Phasing: Though it is not proffered as an "important element" of the concept plan, staff has asked the applicant to provide clarification as to which elements of the site will be constructed during Phase 1 and Phase 2. The proffers state that landscaping will be constructed along Berkmar Drive in Phase 1 but the concept plan has it shown along with the Phase 2 improvements. Further, the phase line appears to bisect major features such as retaining walls, landscaping and screening and the stormwater management facility along the southern property line. The ARB has asked that if the stormwater management facility is constructed with Phase 1, that the adjacent landscaping also be constructed with Phase 1. Access: The concept plan is showing a relocated entrance near the northern boundary of the property, which provides for better sight distance than the existing entrance. VDOT and engineering have no objections to the entrance location. The plan also shows a new right turning lane and an existing left turning lane. The plan contains a note stating that there is an existing left turn lane along the entire length of Berkmar Drive between Rio Road and Woodbrook Drive. The actual left turn lane striping tapers off just north of the CMA site. Engineering staff has suggested that turn lane analysis be provided with the rezoning application to ensure that restriping could be done to provide additional left turn lane here, if necessary. The applicant has stated a preference to work this issue out during site plan, which is acceptable to staff and VDOT, though usually not recommended because turn lane analysis could reveal roadway issues. The proffers are also in need of some minor technical fixes. SUMMARY Staff has identified the following factors, which are favorable to this rezoning request: 1. The rezoning is consistent with the Comprehensive Plan land use change from CPA2014-00002. 2. The rezoning is supportive of the County's economic development goals including the expansion of an existing business, infill development and the creation of new jobs. 3. The rezoning request does not impede the opportunity for the extension of Myers Drive should it be recommended by the Small Area Plan. 4. The proffers and concept plan provide area reserved for future right of way dedication for the expansion of Berkmar Drive. Staff has identified the following factors which are unfavorable to this request: 1. The proposed building envelope does not meet neighborhood model principles of relegated parking and buildings and spaces of human scale. This location would be appropriate for auto sales/service, but is not appropriate for other retail uses permitted in HC zoning. 2. The short term development of the site does not provide for pedestrian improvements along Berkmar Drive, which could leave a gap in the pedestrian network as adjacent parcels develop. 3. The proffers and concept plan are in need of substantive and technical revisions. STAFF COMMENT ON SP201400005 — Request for Outdoor Storage & Display in the Entrance Corridor ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 9 Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. The subject parcel is not located adjacent to the Rio Road Entrance Corridor; only a small portion at its south end is included within the EC overlay. A view is currently available from Rio Road to the vehicles parked at the rear of the existing Colonial Auto site. The view is across the parcels adjacent to Rio Road and through trees, and is therefore limited. It is anticipated that a similar view will be available of the proposed development. Nearby properties include a mix of commercial and residential uses and some vacant land, with proposals for development on some of the Rio Road parcels currently under review. Trees proposed to be added along the south perimeters of the subject parcel and the proposed parking lot will help limit visual impacts from the EC and on the Rio Road properties. The outdoor sales, storage and display proposed with this application is expected to be compatible with the existing development in the vicinity. The ARB has reviewed this request for impacts on the Entrance Corridor and has recommended approval with conditions to limit negative impacts on adjacent property. Character of district unchanged. The character of the district will not be changed by the proposed special use. Section 30.6 of the Zoning Ordinance states that the intent of the EC Overlay District is, in part, to ensure a quality of development that is compatible with the county's important natural, scenic, historic and architectural resources through the architectural review of new development. The ARB has applied the County's adopted design guidelines for development within the EC to the review of this request and has recommended approval with conditions. With those conditions of approval, the existing character and visual integrity of the area will be maintained. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, with the uses permitted by right in the district Outdoor sales, storage and display in the Entrance Corridor requires a special use permit, but the use is considered accessory to motor vehicle sales, which is a use allowed by right within the Highway Commercial (HC) zoning district. The existing Colonial Auto dealership stands to the east. It contains outdoor sales, storage and display areas. The proposed sales, storage and display use is in harmony with other existing uses. ...and with the public health, safety and general welfare. The intent of the special use permit requirement for outdoor sales, storage and display is based on the need to mitigate the potential negative impact of this use on the aesthetics of the Entrance Corridors and to mitigate the potential for development that is incompatible with the historic resources of the County. This intent is directly related to the promotion of public welfare and general quality of life. The ARB has reviewed the proposal with this intent in mind and has recommended approval with conditions regarding appropriate lighting and landscaping. In addition, the manner in which vehicles may be stored and displayed on site is a potential aesthetic issue and a typical concern for this type of use. Elevating vehicles for display purposes is not considered appropriate, and double- or triple-parking vehicles is also considered to have a negative visual impact. Consequently, the ARB has recommended standard conditions of approval to address these issues. With these conditions of approval, the visual integrity of the corridor will be maintained, thereby protecting the quality of life. ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 10 The Site Review Committee will review the site plan for this proposal for compliance with the relevant development review regulations that are also set forth to protect the public health, safety and general welfare. Therefore, a combination of proper site design and implementation of the recommended conditions, along with the issuance of a Certificate of Appropriateness by the ARB, would sufficiently address this objective. Summary The intent of the special use permit requirement is based on potential impacts to the Entrance Corridors. The ARB has reviewed this proposal for its impact on the Rio Road Entrance Corridor and had no objection to the request for the Special Use Permit with the following conditions: 1. Vehicles shall not be elevated anywhere on site. 2. Vehicles shall be displayed only in areas indicated as "inventory" on the plan entitled "CMA Properties Highway Commercial Concept Plan" by Collins Engineering with revision date of 1-30-2015. Inventory parking within the EC Overlay District shall be only in designated striped parking spaces, as identified on this plan. 3. Final site plan approval is subject to ARB approval of the lighting plan (submitted with the site plan). Maximum light levels shall not exceed 30 footcandles. 4. Final site plan approval is subject to ARB approval of the landscape plan (submitted with the site plan). Landscaping shown on the plan may be required to be in excess of the minimum requirements of ARB guidelines and/or the Zoning Ordinance to mitigate visual impacts of the proposed use. 5. Clarify on the plan all site elements to be included in Phase 1 and Phase 2. If the stormwater pond is constructed in Phase 1, indicate that the trees along the southern perimeter of the site will also be installed in Phase 1. Staff has identified the following factors that are favorable to this request: 1. The Architectural Review Board has reviewed the request for outdoor sales, storage and display and recommends approval with conditions. The following factors are relevant to this consideration: 1. The existing Colonial Auto dealership is located immediately to the east and includes areas of outdoor sales, storage and display of vehicles. 2. The subject parcel is not located adjacent to the Rio Road Entrance Corridor and only a small portion at its south end falls within the EC overlay district. STAFF COMENT ON SP201500006 — Request for Stand Alone Parking Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of Supervisors shall reasonably consider the following factors when reviewing and acting upon an application for a special use permit: No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. The portion of the site that would be dedicated to the stand alone parking is adjacent to commercially zoned parcels. Parcels to the south do currently contain residences, but proposed screening along the southern property line will help screen the parking area. Screening along Berkmar Drive will help screen the parking from view from residential zoned parcels across Berkmar Drive. Character of district unchanged. The character of the district will not be changed by the proposed special use. ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 11 The proposed stand alone parking area will be an extension of the existing Colonial Auto Center parking area. The SP is required because the use will be on a separate parcel, but it will have the appearance of one continuous parking area and will therefore not substantially change the character of the area. Harmony. The proposed special use will be in harmony with the purpose and intent of this chapter, with the uses permitted by right in the district The proposed stand alone parking area is intended to be a temporary use on the site. As mentioned above, the applicant hopes to use this parking area in Phase 1 of the development to temporarily relocate parking that will be lost during the construction of the Rio/Route 29 interchange. The longer term use of the site would establish an expansion of the automobile sales and service business onto the adjacent parcel, which is a by-right use in the HC and therefore in harmony with the chapter and other uses permitted in HC zoning. ...with the regulations provided in section 5 as applicable, Section 5 requires that a site plan be required for each parking lot and parking structure. A site plan will be required prior to the construction of this use. ...and with the public health, safety and general welfare. As mentioned above, the relocation of parking onto the subject parcel will provide relief to Colonial Auto Center employees and customers during construction of the Rio/Route 29 intersection construction. Summary Staff has identified the following factors, which are favorable to this rezoning request: 1. With staff's recommended changes to the proffers and concept plan, the parking will be adequately screened from Berkmar Drive and residential uses across Berkmar Drive. Staff has identified no unfavorable factors to this request. RECOMMENDATIONS Staff recommends approval of this rezoning amendment ZMA201400008 CMA Properties provided the following changes are made to the proffers and concept plan prior to the Board of Supervisors meeting: 1. The building envelope on the concept plan should be extended to the edge of the right of way. The applicant should commit to locating buildings for commercial uses other than automobile sales/service to addresses the street with relegated parking. 2. The sidewalks and street trees should be constructed upon demand of the County rather than during Phase 2. 3. The landscaping/screening provided during the Phase 1 development should be enhanced. Staff recommends at minimum a 20' planting strip along Berkmar Drive. 4. The concept plan should clearly identify which elements of the site will be constructed during Phase 1 and Phase 2. 5. The proffer to keep Myers Drive free from impediments for a period of two years should be clarified (it may be determined that this proffer is not needed based on commitments provided in the concept plan). 6. Technical fixes should be made to proffers as recommended by staff. Staff recommends approval of SP201500005 CMA Properties - Outdoor Storage & Display with the following conditions: 1. Vehicles shall not be elevated anywhere on site. ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 12 2. Vehicles shall be displayed only in areas indicated as "inventory" on the plan entitled "CMA Properties Highway Commercial Concept Plan" by Collins Engineering with revision date of 1-30-2015. Inventory parking within the EC Overlay District shall be only in designated striped parking spaces, as identified on this plan. 3. Final site plan approval is subject to ARB approval of the lighting plan (submitted with the site plan). Maximum light levels shall not exceed 30 footcandles. 4. Final site plan approval is subject to ARB approval of the landscape plan (submitted with the site plan). Landscaping shown on the plan may be required to be in excess of the minimum requirements of ARB guidelines and/or the Zoning Ordinance to mitigate visual impacts of the proposed use. 5. Clarify on the plan all site elements to be included in Phase 1 and Phase 2. If the stormwater pond is constructed in Phase 1, indicate that the trees along the southern perimeter of the site will also be installed in Phase 1. Staff recommends approval of SP201500006 CMA Properties — Stand Alone Parking with no conditions. PLANNING COMMISSION MOTION —ZMA201400008 CMA Properties: A. Should a Planning Commissioner choose to recommend approval of this zoning map amendment: Move to recommend approval of ZMA 2014-00008 CMA Properties with changes to the concept plan and proffers as recommended by staff. B. Should a Planning Commissioner choose to recommend denial of this zoning map amendment: Move to recommend denial of ZMA 201400008 CMA Properties with reasons for denial. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. PLANNING COMMISSION MOTION —SP201500005 CMA Properties Outdoor Storage and Display: A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP 201500005 CMA Properties Outdoor Storage and Display, with conditions identified in the staff report. B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP 201500005 CMA Properties Outdoor Storage and Display with reasons for denial. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. PLANNING COMMISSION MOTION — SP201500006 CMA Properties Stand Alone Parking: ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 13 A. Should a Planning Commissioner choose to recommend approval of this special use permit: Move to recommend approval of SP 201500006 CMA Properties Stand Alone Parking. B. Should a Planning Commissioner choose to recommend denial of this special use permit: Move to recommend denial of SP 201500006 CMA Properties Stand Alone Parking with reasons for denial. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. Attachments A— Location Map B — Concept Plan C —ZMA201400008 Narrative D — SP201500005 Outdoor Storage/Display— narrative E — SP201500006 Stand Alone Parking — narrative F — CPA201400002 Staff Report G — SP201400005 ARB action letter (ARB201500016) H — Proffer Statement ZMA 2014-00008, SP 2015-00005, SP201500006 CMA Properties Planning Commission March 17, 2015 Page 14