Request Conditional Use Permit (Bulk Storage Yard) Staff Planner Kevin Kemp

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1 Applicant & Property Owner Public Hearing June 8, 2016 City Council Election District Beach Agenda Item 5 Request Conditional Use Permit (Bulk Storage Yard) Staff Planner Kevin Kemp Location 657 Phoenix Drive GPIN Site Size 15 acres AICUZ Greater than 75 db DNL; APZ 2 Existing Land Use and Zoning District Walmart / B-2 Community Business Surrounding Land Uses and Zoning Districts North Office building / I-1 Light Industrial South Office building / I-1 Light Industrial East Phoenix Drive Mixed commercial / B-2 Community Business West Office building / I-1 Light Industrial Page 1

2 Background and Summary of Proposal In 1990, the subject site was conditionally rezoned from I-1 Light Industrial to Conditional B-2 Community Business District, and subsequently developed with a 123,000 square-foot Walmart retail store. In 2009, the approved Proffers were modified to allow for a 40,000 square foot expansion of the retail portion of Walmart, and the addition of an outdoor garden center. The applicant requests a Conditional Use Permit for Bulk Storage to allow a portion of the parking area to be used for the seasonal storage and display of lawn and garden products. This storage area will be installed and used seasonally each year, and will be removed when not in use. The storage area is proposed in the two southern-most rows of parking, close to the garden center portion of the store. The storage area will encompass 20 parking spaces, but will not reduce the number of spaces below the minimum number required as per the Zoning Ordinance. The storage area will completely surrounded by split-rail fencing. Additionally, the storage area will be screened from view of the right-of-way with a row of existing mature vegetation along the southern property line, as proffered in The storage area will be open during the typical hours of operation of the garden center, 7:00 a.m. to 10:00 p.m. There will be at least one employee in the storage area at all times to assist customers Zoning History # Request 1 MOD (Proffers) Approved 02/24/2009 CRZ (I-1 to Conditional B-2) Approved 05/14/ CRZ (I-1 to Conditional B-2) Approved 08/24/ CUP (Hotel) Approved 10/12/1987 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Page 2

3 Comprehensive Plan Recommendations The Comprehensive Plan designates this site to be within Special Economic Growth Area 2- West Oceana (SEGA 2). SEGA 2 is generally bound by London Bridge Road, Lynnhaven Creek, South Lynnhaven Road, and Potters Road. Much of the area is subject to Navy restrictive easements and all of this area is inside the AICUZ high noise zone. The majority of this area has been subdivided and is zoned for commercial and industrial uses. This area is viewed as a special area with significant growth potential. The City supports development and redevelopment of this area consistent with AICUZ provisions and the City s economic growth strategy. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. The site is almost entirely impervious cover. There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Sabre Street No date available 13,100 ADT 1 (LOS 4 C ) 20,700 ADT 1 (LOS 4 D ) Existing Land Use 2 28,040 ADT Phoenix Drive No data available 6,200 ADT 1 (LOS 4 C ) Proposed Land Use 3 28,116 ADT 9,900 ADT 1 (LOS 4 D ) 1 Average Daily Trips 2 as defined by a shopping center with 653,095 square feet of leasable area 3 as defined by a shopping center with 653,095 square feet of leasable area and a nursery with two employees 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sabre Drive is a four-lane collector roadway along the south side of the site. Phoenix Drive is a two-lane collector roadway along the front of the site. There are no CIP projects planned for either roadway. Public Utility Impacts Water The site currently connects to City water via a two-inch meter (City ID # ). There is an existing 12-inch City water main along Phoenix Drive and Sabre Street. Sewer The site currently connects to City sanitary sewer. There is an existing eight-inch City sanitary sewer gravity main along Phoenix Drive and a ten-inch City sanitary sewer gravity main along Sabre Street. Page 3

4 Evaluation and Recommendation This request is for a Conditional Use Permit for a Bulk Storage Yard for the seasonal outdoor storage of lawn and garden care merchandise is recommended for approval. This application is similar to several other Conditional Use Permits that have been approved by City Council for bulk storage for seasonal outdoor use. Despite the storage area occupying 20 parking spaces, the remaining parking meets the requirements of the Zoning Ordinance and is sufficient for the volume of customers visiting the site, even during peak hours. The storage area is clearly identified using a split rail fence, and is adequately screened from view of the right-of-way with the existing mature vegetation. For the reasons stated above, Staff recommends approval of this application as conditioned below. Recommended Conditions 1. The location and size of the bulk storage area shall be as shown on the submitted exhibit entitled, WALMART #1688 OUTDOOR SEASONAL DISPLAY AREA. 2. All materials for sale or materials related to the outdoor lawn and garden care operation being stored shall be contained within the specified area depicted on the plan specified in Condition number one. There shall be no materials or merchandise in the adjacent parking spaces, parking drive aisles, or parking lot islands. 3. There shall be no signage installed within the area, on the fence, or immediately adjacent to the area, other than professionally prepared traffic control signs. Hand-lettered signs shall not be used. 4. When the storage area is not being used to accommodate seasonal demand, all fencing, merchandise, and other materials shall be removed from the parking area. 5. The seasonal storage area shall only be used to store pallets of mulch, top soil, paver stones, shrubs, trees and other such lawn and garden care merchandise. 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 Site Layout Page 5

6 Location of Outdoor Storage Area Page 6

7 Location of Outdoor Storage Area Page 7

8 Site Photos Page 8

9 Disclosure Statement Page 9

10 Disclosure Statement Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14

15 Disclosure Statement Page 15

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