Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval. Staff Planner Robert Davis

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1 Applicant & Property Owner Wal-Mart Real Estate Business Trust Public Hearing July 11, 2018 City Council Election District Beach Agenda Item 8 Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval Staff Planner Robert Davis Location 546 First Colonial Road GPIN Site Size acres AICUZ Greater than 75 db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Retail / B-2 Community Business Surrounding Land Uses and Zoning Districts North Donna Drive, Nevan Road Retail / B-2 Community Business South I-264 Single-family dwellings, multi-family dwellings / B-2 Community Business, A-12 Apartment East Retail, mini-storage / B-2 Community Business West Retail / B-2 Community Business Page 1

2 Background and Summary of Proposal The applicant is requesting to store up to 10 containers on the site. The placement of storage containers is classified as bulk storage; therefore, a Conditional Use Permit is required. The storage containers will be placed outside of all easements existing on the property. No other changes to the site or building are proposed with this request. The applicant is seeking a deviation to the required Category VI screening (a solid six-foot tall fence with shrubs) surrounding the Bulk Storage Yard. The storage containers are screened along portions of the southern property line from the Interstate 264 rights-of-way by an existing row of trees and other vegetation. The existing adjacent buildings provide sufficient screening of the storage area for the properties to the east. The applicant is proposing wooden plank walls as a means of screening the containers from the view to the north and west. 1 Zoning History # Request 1 MOD Approved 04/28/2009 CUP (Tattoo Parlor) Approved 09/23/2008 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 Evaluation and Recommendation The proposed request for a Bulk Storage Yard is, in Staff s opinion, acceptable given its proposed location and the retail and mini-storage uses in the immediate vicinity. Although this use is not specifically consistent with the vision set forth in the Hilltop SGA Plan, Staff is aware that the market may not be ready to support the uses that the Plan recommends. The uses allowed on the property are somewhat constrained due to its location with the Greater than 75 db noise zone. The storage of the containers is an acceptable use in this noise zone, as set forth in Section 1800 of the Zoning Ordinance. The placement of the storage containers is proposed in designated locations outside of existing easements, and such that continuous access for fire safety equipment is provided. Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence. The applicant is requesting that this deficiency be addressed through Page 2

3 the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties. Staff concludes that a deviation of this requirement will not adversely impact the adjacent properties based on existing conditions as well as the proposed screening wall. Staff recommends approval of this request for a Bulk Storage Yard subject to the conditions below. Recommended Conditions 1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, and shall be subject to all applicable building and fire codes. 2. The storage containers shall not be stacked. 3. The storage containers shall not be placed within any easements. 4. The containers shall be screened from view as depicted on the submitted site layout. The screening wall shall be consistent with the photo titled Proposed Screening Wall as depicted on page 6 of this Staff report. 5. Unless otherwise authorized by the Building Official s Office and the Fire Prevention Bureau, the storage containers shall be so located as to maintain a 20-foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment. 6. No hazardous materials shall be stored within the storage containers. 7. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval. 8. The storage containers shall be limited to 10 and are permitted on site only from September 15 to January This Conditional Use Permit is valid for two years from the date of its approval by the City Council. An Administrative Review shall be done after one year by the City of Virginia Beach Zoning Administrator to determine compliance with the above approved conditions. Approval of the Conditional Use Permit is subject to an annual Administrative Review by the City of Virginia Beach Zoning Administrator to determine compliance with the above conditions. 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 3

4 Comprehensive Plan Recommendations This property is located in the Hilltop Strategic Growth Area, as identified by the Comprehensive Plan, and the Hilltop SGA Master Plan. The SGA Plan recommends non-residential mixed-use development for this site with uses that are deemed compatible with the AICUZ designation. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is fully developed, there are no known significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic First Colonial Road 38,238 ADT 1 31,700 ADT 1 (LOS 2 E ) Laskin Road 28,243 ADT 1 31,700 ADT 1 (LOS 2 E ) No Change Anticipated 1 Average Daily Trips 2 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There is a roadway CIP project slated for this area. Laskin Road Phase IA (CIP 2-156) is a VDOT managed project for the construction of an eight-lane divided highway in a 160-foot right-of-way from Republic Road to Winwood Drive and a six-lane divided highway in a 150-foot right-of-way from Winwood Drive to Red Robin Road with multi-use path and sidewalk. It also includes the construction of a six-lane divided highway on First Colonial Road from Laurel Lane to I-264 and intersection improvements at First Colonial Road. VDOT intends to advertise for construction late Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Page 4

5 Proposed Site Layout *Proposed Site Layout revised after July 11, 2018 Planning Commission public hearing Page 5

6 Proposed Screening Wall Page 6

7 Site Photos Page 7

8 Disclosure Statement 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