3 December 12, 2012 Public Hearing APPLICANT:

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1 BEACH 3 December 12, 2012 Public Hearing APPLICANT: PROPERTY OWNER: KRIST ENTERPRISES STAFF PLANNER: Stephen J. White REQUEST: Modification of a Conditional Use Permit for motor vehicle sales (approved by the City Council on January 13, 2009). ADDRESS / DESCRIPTION: 300 S. Rosemont Road GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 30,754 square feet AICUZ: The northwestern portion of the site is located within the Less than 65 db DNL AICUZ. The southeastern portion of the site is located within Sub-Area 3 of the 65 to 70 db DNL AICUZ BACKGROUND / DETAILS OF PROPOSAL The applicant requests modification of Condition 2 and deletion of Condition 6 that were attached to a Use Permit for motor vehicle sales requested by the applicant in The requested modification of Condition 2 consists of the deletion of the restriction of the number of vehicles sold on the site, which the condition currently set at five. Condition 6 of the Use Permit prohibits use of pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. The applicant requests deletion of this condition. The site has been used for an automobile service station since the approval of a Conditional Use Permit by the City Council for that use on May 25, There were five conditions of approval: 1. The project shall be developed as depicted on the submitted site plans and renderings presented to the City Council and on file in the Planning Department. Page 1

2 2. No outside storage vehicles or outside repair work shall be permitted. All vehicles scheduled for repair must be stored inside the service bays when the repair facility is closed. No auto body work is permitted. 3. The Zoning Administrator has indicated that there are two non-conforming free-standing signs located on the site. The signs shall be removed and replaced with a single monument style sign with landscaping. 4. Additional plant material, to include low level shrubs and annuals, shall be added to the existing grassed areas along the road frontage. Year around shrubs shall be included. 5. There shall be no truck rental allowed. When the current business owner (the applicant) occupied the site, he requested modification of one of the five conditions of the 1999 approval. Condition 3 of the 1999 Use Permit required the removal of two nonconforming free-standing signs that were located on the site as well as allowing a single monumentstyle sign in lieu of the two removed signs. In 2008, the applicant requested that Condition 3 be modified for the purpose of allowing an electronic LED display for the face of the monument-style sign instead of the backlit, static message, plastic sign face typically associated with such signs. On January 13, 2009, the City Council granted the applicant s request. Condition 1 noted that all of the conditions of the 1999 Use Permit remained valid, except Condition 3, which was modified to allow an electronic display sign as depicted on the submitted exhibits. The last condition of the Use Permit provided the standards of operation for the electronic display: a. The monument sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign. The sign shall not have video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location, and shall be no higher than eight (8) feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. The LED sign shall not advertise any other businesses other than the one on which property the sign is located. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). Three months after City Council s approval of the modification of the original Conditional Use Permit, the applicant submitted an application requesting a Conditional Use Permit for motor vehicle sales. The application submitted by the applicant explained that his request to add motor vehicle sales as an additional use was driven by the need to sell any vehicle that the applicant acquired from a customer who was unable to pay for the repair services performed on his or her vehicle. The applicant s request to add motor vehicle sales was granted by the City Council on July 14, 2009; however, the Planning Commission voted to recommend approval of the request to the City Council only after the applicant agreed to conditions of the Use Permit that addressed staff concerns with traffic access to and from the site (Condition 4, below) and Planning Commission concerns with the operation of electronic display sign (Condition 10, below). The Planning Commission s concerns pertaining to the sign were specific to the manner by which the sign changed images (moved, flashed, or speed of message turnover) and the messages shown on the sign, as some advertised or promoted establishments, businesses, or services not located or provided at the site (a billboard by definition of the Zoning Ordinance). The final conditions of the Use Permit for motor vehicle sales, as approved by the City Council, are as follows: Page 2

3 1. All conditions attached to the Conditional Use Permit granted by City Council on May 25, 1999, and the Modification of Conditions granted by City Council on January 13, 2009, shall remain in effect. 2. Vehicles for sale shall be limited to five (5) vehicles in defined parking spaces to be determined and located within an area designated for display within the paved parking lot. No vehicles shall be parked within any portion of the public right-of-way. No vehicles shall be displayed on raised platforms, earthen berms or any other structure designed to display a vehicle higher than the elevation of the main parking area. 3. The landscaping shall be supplemented along Rosemont Road, South Plaza Trail and Victoria Drive. The applicant shall request an inspection of the landscaping for approval by Planning Department staff (Current Planning / Zoning) before a business license is issued to operate automobile sales on the site. 4. The vehicular entrance on Victoria Drive, the westernmost access point on South Plaza Trail, the southernmost access point on Rosemont Road, shall be closed. The applicant shall install curb and gutter, landscaping and sidewalk to match existing. 5. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. 6. All containers shall be removed from the site. The applicant shall request an inspection of the landscaping for approval by the Planning Department staff (Current Planning / Zoning) before a business license is issued to operate automobile sales on the site. 7. All vehicle repairs shall be conducted inside the building. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 8. There shall be no storage of tires, merchandise or debris of any kind outside of the building. 9. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded and focused away from adjoining property. 10. The additional conditions of the May 25, 1999, Use Permit, as modified by City Council on January 13, 2009, are deleted and replaced with the following: a. The monument sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign. The sign shall not have video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location and shall be no higher than eight (8) feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. No such sign shall advertise or direct the attention of the general public to an establishment, business or service that is located on a separate site from the zoning lot on which the sign is located. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output Page 3

4 reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). d. No portion of the material displayed by any such sign, including backgrounds, colors, pictures, lettering, pictures or other graphics, shall be changed more frequently than once every eight (8) seconds. This shall not, however, prohibit a single element on any static image from movement (as in a butterfly or bouncing ball moving across the screen during a static image message). e. Video displays or audio speakers on, or electronically connected to, such signs shall not be permitted. After the January 13, 2009 approval of the Use Permit, a series of violations of the Use Permit have occurred, and Zoning Inspectors have worked with the applicant to correct the violations or, as necessary, cited the applicant as being in violation of the conditions of the Use Permits. The majority of the issues pertained to failure to meet specific conditions of the Use Permit, primarily consisting of the condition for blocking access points to and from Rosemont Road, South Plaza Trail, and Victoria Drive. On January 20, 2010, the principal Zoning Inspector working with the applicant found upon inspection that the site was in compliance with the conditions of the Use Permit. In May 2012, the applicant was found to be in violation of the July 2009 Use Permit in regard to signage and the number of vehicles on the site. Condition 2 of the Use Permit limits the applicant to five vehicles for sale, and those vehicles are required to be parked for display in an area designated for such purpose adjacent to the intersection of Victoria Drive and Rosemont Road. Condition 5 prohibits pennants, streamers, balloons, portable signs, or banners displayed on the site or the vehicles. On May 29, 2012, the Zoning Office sent the applicant a letter informing him of the following violations: 1. Having more than 5 vehicles for sale; 2. Having temporary signs; and 3. The LED message [on the electronic display sign] is changing faster than 8 seconds. The letter concludes with a notice to eliminate the violations within 30 days of the receipt of the letter or to appeal the decision to the Board of Zoning Appeals. Subsequently, the applicant submitted this application to request modification of the conditions pertaining to the prohibited signs and number of vehicles for sale. LAND USE AND PLAN INFORMATION EXISTING LAND USE: motor vehicle sales, service, and fuel sales. SURROUNDING LAND USE AND ZONING: North: Victoria Drive Single-Family Residential / R-7.5 Residential District South: South Plaza Trail Retail-Pharmacy / B-2 Community Business District East: Small retail strip / B-2 Community Business District West: South Rosemont Road Retail / B-2 Community Business District Page 4

5 NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is impervious, as it is developed with a structure and paved parking area. There are no known significant natural resources or cultural features on this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area, just south of Strategic Growth Area (SGA) 5, Rosemont. As such, this segment of Rosemont Road can be considered a gateway into the SGA, and this intersection, a gateway into the Plaza Neighborhood; therefore, some consideration should be given to the recommendations of the Rosemont SGA Master Plan. The Special Area Development Guidelines, part of the Comprehensive Plan s Reference Handbook Document, includes design recommendations for the Suburban Areas. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment. In particular, commercial buildings should be generally oriented toward the front of the lot within a well landscaped green area while locating the parking and loading areas to the rear of the lot. Signs in all nonresidential areas should be clearly legible to both motorists and pedestrians. Oversized or overly elaborate signs competing for attention or which create visual clutter are discouraged. To minimize traffic conflicts, entrances and exists to a development should be consolidated to the greatest extent possible and located a sufficient distance away from street intersections (B-7 thru 13). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): S. Rosemont Road is a four-lane minor urban arterial roadway designated in the MTP Major Street Network Ultimate Rights-of-Way to be improved to a six-lane divided arterial with a 165-foot wide right-ofway. There are no CIP projects for Rosemont Road. S. Plaza Trail is a two-lane minor suburban arterial roadway. The MTP Major Street Network Ultimate Rights-of-Way designates it with an ultimate four-lane typical section. Victoria Drive is a two-lane local street that is not identified in the MTP. TRAFFIC: Present Street Name Volume S. Rosemont Road 32,800 ADT 1 (2012) S. Plaza Trail 8,800 ADT 1 (2011) Present Capacity 22,800 ADT 1 (Level of Service D ) 27,400 ADT 1 (Level of Service E ) 13,600 ADT 1 (Level of Service C ) 15,000 ADT 1 (Level of Service D ) Generated Traffic Existing Land Use 2 1,369 ADT (102 morning peak hour trips / 118 evening park hour trips) Proposed Land Use 3 1,415 ADT (108 morning peak hour trips / 123 evening park hour trips) 1 Average Daily Trips 2 as defined by 2,000 SF auto repair center with eight fuel pumps and restricted inventory auto sales. 3 as defined by 2,000 SF auto repair center with eight fuel pumps and unrestricted inventory auto sales. Traffic Engineering Comments: Rosemont Road is over capacity and experiences congestion on a daily Page 5

6 basis. In the City s 2011 ranking of intersections by volume-to-capacity ratio (a measurement of congestion), the Rosemont Road and South Plaza Trail intersection was 32 nd out of 363 signalized intersections. Vehicles stopped in traffic routinely block both of the site s entrances, especially during the evening peak period. Any additional site traffic due to an increased intensity of use, such as adding regular auto sales, would exacerbate these congestion issues. Currently the site is permitted a maximum of five vehicles on-site as its inventory of vehicles for sale. Removing this limitation would allow the inventory to take up more of the site s space, which would limit the space available for customer parking and on-site maneuvering. Reduced parking and waiting space, as well as restricted on-site maneuvering could obstruct vehicles attempting to enter the site, resulting in stacking of vehicles onto either South Plaza Trail or Rosemont Road. WATER AND SEWER: The site is connected to City water and sewer services. There will be no impact as a result of this request. EVALUATION AND RECOMMENDATION The request to modify the Conditional Use Permit to remove the limitation on the number of vehicles permitted on the lot and to delete the prohibition of the display of pennants, streamers, balloons, portable signs or banners on the site is not consistent with the Comprehensive Plan s policies regarding preserving neighborhood quality and is in direct conflict with the Special Area Development Guidelines recommendation regarding commercial parking areas and signs located in suburban areas. The fact that this site is located just south of the Rosemont SGA, and thus, is within the gateway of that SGA reinforces the importance of the appearance of this area. Staff has worked with the applicant in his efforts to comply with the conditions of the 2009 Use Permit. For example, when possible, additional time to meet conditions has been provided. The applicant, however, has also demonstrated an intention to not comply with some of the conditions. For example, the electronic display sign does not meet the standards listed in the conditions, and vehicles being repaired are parked in locations on the site and outside of the garage, which is a violation of Condition 2. Of greatest concern for staff, however, is that the site now has the appearance and the intensity of use of a used car sales lot rather than a motor vehicle service and fuel sales business (service station). The use of the site as a service station is appropriate, which has been demonstrated by its past use as such for over forty years, as well as by staff s and the Planning Commission s recommendations to approve the applicant s requests to modify the 1999 Use Permit to allow a LED electronic display sign and even to allow the sale of a limited number of motor vehicles that the applicant must acquire as the means of payment for repairs that he has made to the vehicle. It is staff s conclusion, however, that allowing the sale of an unlimited number of motor vehicles on the site in conjunction with its permitted use of motor vehicle service and fuel sales results in an intensity of land use and activity on a parcel that is insufficient in size to accommodate the uses. Moreover, in this instance, the site was developed in the mid-1960s and is located in an established residential neighborhood, making it difficult to buffer the neighborhood from the intensity of activity on the site. The subject site is one corner of the original neighborhood commercial core, intended for retail and services oriented to the neighborhood. Typical of these neighborhood centers in the 1960s, this core consisted of automobile service stations, convenience stores, small restaurants, and small retail strip centers. The Page 6

7 applicant s site is one of the few remaining vestiges of this neighborhood center. This center was not intended to have the mix of uses proposed by the applicant and is equally not appropriate now. Businesses with applicant s proposed mix of uses (auto sales, auto service, and fuel sales) are rare. Typically, such a business will consist of a mix of auto sales and service or a mix of auto service and fuel sales. Combining all three uses is a mix that can only work well from a traffic and land use compatibility perspective on a site that is at least twice the size of the subject site, is designed specifically for that combination of uses, is located within a community or regional commercial area, and is located on a major arterial roadway. As noted in the Traffic section of this report, due to the number of vehicles on the site (both moving and parked), both the traffic flow on the site as well as the traffic flow into and out of the site is and may be hazardous. This intersection is the 32 nd most highly congested signalized intersection in the city (out of 363). In sum, the intensity of the combined uses exceeds the capacity of the subject site. Staff, therefore, recommends denial of the applicant s request to delete the limitation on the number of vehicles for sale as provided in Condition 2 of the July 14, 2009 Use Permit. As to the applicant s request to delete Condition 5 of that same Use Permit, which prohibits the display of pennants, streamers, balloons, portable signs, or banners on the site or the vehicles, staff recommends denial. The condition is, as are some of the conditions recommended by staff for Use Permits, a reiteration of a Zoning Ordinance regulation for the purpose of making it clear to the applicant that the specified action is not legal. Thus, even if the commission deleted Condition 5, the applicant would still be prohibited from display of pennants, streamers, balloons, portable signs, or banners on the site or the vehicles since such are a violation of Section 212 of the City Zoning Ordinance. The prohibition of such signs, as well as the reiteration of that prohibition in the conditions added to motor vehicle sales Use Permits, has had a significant effect on the appearance of the city s arterial roadways, eliminating streamers, spinners, car hoods popped open with signs inserted into the opening, and all of the similar devices that contribute to visual clutter and increase driver distraction. The applicant is, however, permitted by Section 211 the Zoning Ordinance to utilize temporary signs of a commercial nature for no more than three times per year and for no more than seven days each of those three times. All other signs as described by Condition 5 must be removed. Denial of the applicant s request to delete Condition 5 is recommended. Page 7

8 AERIAL OF SITE LOCATION Page 8

9 SITE PLAN SHOWING LOCATION APPROVED FOR VEHICLES BEING SOLD Page 9

10 PHOTO OF SITE (7/27/12) Page 10

11 PHOTO OF SITE (7/27/12) Page 11

12 PHOTO OF SITE (7/27/12) Page 12

13 DISCLOSURE STATEMENT Page 13

14 DISCLOSURE STATEMENT Page 14