6 July 9, 2014 Public Hearing

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1 6 July 9, 2014 Public Hearing APPLICANT: CAMERON JUSTIN MUNDEN PROPERTY OWNER: GRANTED WISH, L.L.C. STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit (Bulk Storage Yard) ADDRESS / DESCRIPTION: 853 South Birdneck Road GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 0.69 acres AICUZ: Greater than 75 db DNL BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Conditional Use Permit for bulk storage on the 0.69 acre subject site zoned I-1 Light Industrial. The site is currently being used in this capacity and houses the applicant s construction business. The business typically operates from 7:30 a.m. to 5:00 p.m., but there are times when these hours may be extended. The application states that the designated areas on the site will be used to store construction vehicles and materials. There are two large Hydroseeding trucks and one flatbed truck. Occasionally there will be materials dropped off on site and stored until they are used. These materials, such as grass seed, mulch, and wood stakes, will be palletized and shrink wrapped. The submitted site plan depicts a gravel area on the northwest portion of the site that will be used as the large equipment parking area. This area will be shielded from view of the right-of-way by a 6 foot solid fence along the entire front property line and the side property line adjacent to the storage area. Mature vegetation along the right-of-way will remain and provide additional screening. There is an existing monument sign at the entrance that will remain; however, the applicant will modify the sign to comply with zoning requirements. Page 1

2 There are two existing structures on the site. A one-story building at the front of the site is used as the office. The larger accessory building at the rear corner of the site is used for storage of materials. No changes to the exterior of these buildings are proposed with this application. Employee parking is provided on the concrete surface behind the office and along the rear property line. The applicant will provide for the required ADA parking space and access to the office building. The grassy area at the eastern portion of the site will remain undeveloped. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Construction company office and bulk storage yard SURROUNDING LAND USE AND ZONING: North: South Birdneck Road Seatack Elementary School / P-1 Preservation District South: Virginia Beach Fire Training Facility / B-2 Community Business District East: Vacant Parcel / I-1 Light Industrial District West: Single-family residential / I-1 Light Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: A majority of the site is developed with a one-story building, large storage shed and concrete and gravel surface. There is an undeveloped grassy area located behind the building on the eastern portion of the site. The site is located in the Owls Creek Watershed. There do not appear to be any significant cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) WATER: This site currently connects to City water. There is an existing 30-inch City water main and 12- inch City water line on S. Birdneck Road. There is also an abandoned 30-inch City water main and an abandoned 12-inch City water line on S. Birdneck Road. The existing 5/8-inch meter (City ID # ) can be used or upgraded. Page 2

3 SEWER: The site currently connects to City sanitary sewer. There is an existing 16-inch City gravity sanitary sewer main on S. Birdneck Road and an existing 16-inch City sanitary sewer force main located within a public easement along the southern property line. EVALUATION AND RECOMMENDATION The applicant s request for a Use Permit to operate a bulk storage yard at this site is acceptable. The site as shown on the submitted site plan is generally consistent with the Comprehensive Plan s land use policies and Special Area Development Guidelines regarding compatible development and landscaping. This site has been used as a contractor storage yard for a number of years and this application proposes no change of use or expansion of the facilities. The location of the area used for storage of large equipment and materials is in close proximity to right-ofway; however, existing mature vegetation will ensure limited visibility from South Birdneck Road. Condition 5 is recommended to ensure that this vegetation is retained and maintained. Additionally, the contents of the storage area will be screened along the front and side property lines by a 6 foot in height solid fence. This fencing will extend across the entire front of the property, with exception to the access drive. The existing 3 foot high hedges along this property line will remain. The elimination of the screening requirements along the east, south and west property lines may only be allowed as part of this Use Permit. Section 228 of the Zoning Ordinance provides the standards to be applied to a Use Permit for a bulk storage yard; one of the standards is that the area be entirely enclosed by Category VI landscaping. Category VI landscaping consists of a 6 foot high solid fence and Category I landscape plantings within a minimum 5 foot wide planting bed. The screening shown on the submitted site plan along South Birdneck Road meets the ordinance requirements. As noted above, however, the remaining perimeter of the storage yard does not have a 6 foot in height solid wood fence with the required landscaping. The existing fence that is to remain is 5 ½ feet in height. The Planning Commission (and City Council) may allow a deviation from this requirement for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties, (Section 221(i)). Reasonable deviations from the following requirements otherwise applicable to the proposed development are allowed: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202(b); and (4) Minimum lot area requirements. Staff concludes that a deviation from the landscaping requirement for a 6 foot solid fence with a Category I landscape buffer around the entire bulk storage yard is appropriate and will not adversely impact the adjacent properties. There is existing densely wooded vegetation along the side and rear property lines and there is substantial distance between the storage area and any other principle structure. The property to the rear of the site is the City of Virginia Beach Fire Training Facility. The Zoning Ordinance (Section 1005(a)) allows for this site to have one freestanding sign not to exceed 32 square feet of surface area per face. The Zoning Ordinance (Section 210(c)) defines a double-faced sign shall be considered a single sign, provided the two faces are not separated by an angle greater than Page 3

4 15 degrees and are part of the same structure. The existing wedge-shaped monument sign conforms to the size requirements, however, is considered two signs due to the angle of separation. Condition 5 is recommended to bring the existing monument sign into conformance. For the reasons stated above, Staff recommends approval of this request with the conditions below. CONDITIONS 1. Except as otherwise modifies by any other condition of this Use Permit, the site shall be developed in substantial conformance with the submitted plan, entitled SITE EXHIBIT, prepared by Timmons Group, dated 04/01/ Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 14 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 3. A six foot fence shall be installed as shown on the submitted site plan. Fence shall be solid and constructed of wood, vinyl or a similar maintenance free material. Existing fencing along entire east side, rear portion of the west side and rear property lines shall remain. The existing fencing shall be retained and maintained in good condition. When the existing fence needs to be replaced, it shall be replaced with a minimum, 6 foot in height solid fence. 4. Existing mature landscaping along South Birdneck Road shall be retained and maintained in good condition. 5. The applicant shall obtain a permit from the Planning Department, Zoning Division, for the monument located along the property line adjacent to South Birdneck Road, prior to obtaining a Certificate of Occupancy. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Page 4

5 AERIAL OF SITE LOCATION Page 5

6 PROPOSED SITE PLAN Page 6

7 EXISTING SIGN ALONG SOUTH BIRDNECK ROAD Page 7

8 1 2 ZONING HISTORY # DATE REQUEST ACTION 1 06/14/2011 Conditional Use Permit (Outdoor Recreation Facility) Approved 06/14/2011 Change of Zoning (P-1 to B-2) Approved 2 03/28/1995 Enlargement to a Nonconforming Use Approved Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10

3 June 10, 2015 Public Hearing

3 June 10, 2015 Public Hearing APPLICANT & PROPERTY OWNERS: DAVID S. & TERESSA A. ITALIANO STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit (bulk storage yard) ADDRESS / DESCRIPTION: 1417 London