Request Modification of Proffers Modification of Conditions (Bulk Storage Yard) Staff Recommendation Approval. Staff Planner Marchelle Coleman

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1 Applicant & Property Owner Public Hearing October 10, 2018 City Council Election District Princess Anne Agenda Item 6 Request Modification of Proffers Modification of Conditions (Bulk Storage Yard) Staff Recommendation Approval Staff Planner Marchelle Coleman Location Southeast corner of Harpers Road & Dam Neck Road GPINs (Part of) & Site Size acres AICUZ Greater than 75 db DNL, db DNL Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped land / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Dam Neck Road Cultivated fields / AG-2 Agricultural, AG-1 Agricultural South Self-storage facility, single-family dwellings / I-2 Heavy Industrial, R-20 Residential East Woods / R-20 Residential, AG-1 Agricultural West Harpers Road Woods / AG-1 Agricultural Page 1

2 Background and Summary of Proposal In August 2015, the City Council approved a Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Industrial District and a Conditional Use Permit for a Bulk Storage Yard on this portion of a larger property. As part of the 2015 application, the applicant requested a Change of Zoning of a 30-foot wide strip of land from R-20 Residential to I-1 Industrial for the sole purpose of providing an access road to the proposed Bulk Storage Yard. The proposed private easement was established to allow commercial traffic to access the Bulk Storage Yard from London Bridge Road, via Castleton Commerce Way; however, the easement was never recorded. Since the approval for the Conditional Rezoning and Conditional Use Permit for the Bulk Storage Yard, the strip of property that provided vehicular access was sold and the ingress/egress was never recorded. Based on this, this City Council approved access is no longer valid. Therefore, the applicant is requesting to modify Condition 1 of the Conditional Use Permit which states that there shall be no access to the Bulk Storage Yard from Dam Neck Road, as well as a modification to Proffer 1, in order to modify the proffered access. Vehicular ingress/egress to the site is now proposed to be via an ingress/egress easement on a portion of the larger parcel where an existing curb cut along Dam Neck Road exists. It is the intent of the applicant to create a separate parcel, Parcel D1, for the storage yard site. The applicant has been made aware of the need to rezone the strip of land that is currently zoned AG-2 Agricultural District to a zoning consistent with storage uses prior to the approval of the site plan. Staff understands that this rezoning will likely occur as part of a rezoning request for the larger parcel in the near future. The applicant is also seeking to modify Condition 3 of the Conditional Use Permit to eliminate the height, width, and length maximums established for the storage containers that will be located on site. Originally, the Conditional Use Permit limited the storage containers to a maximum of six feet in height, eight feet in width, and forty feet in length. The applicant is requesting that the size requirements be removed to accommodate storage containers that may vary in size. Condition 4 of the Conditional Use Permit prohibited the use of all generators on the site. The applicant is requesting to modify this condition to limit the prohibition of generators to only the use of any external generators, as internal generators could be used on site for the purpose of operating recreational vehicles and ice cream trucks that may be stored on site. Lastly, this site is located in the greater than 75 db DNL noise zone and is impacted by a Navy Restrictive easement. On May 12, 2014, the applicant received a letter from the Department of Navy, Naval Air Station Oceana stating that the proposed Bulk Storage Yard appears to be compliant with the language of the restrictive easement and is, therefore, an appropriate use for this site. Page 2

3 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure Zoning History # Request 1 MOD (Borrow Pit) Approved 04/05/2016 CUP (Borrow Pit) Approved 03/22/2011 CUP (Outdoor Recreational Facility) Approved 03/22/ CRZ (AG-1 & AG-2 to Conditional I-1) Approved 08/04/2015 REZ (R-20 to I-1) Approved 08/04/2015 CUP (Bulk Storage Yard) Approved 08/04/ CUP (Animal Hospital/Veterinary Establishment) Approved 12/02/ MOD Approved 12/11/2007 CRZ (R-20 to Conditional I-2) Approved 05/23/ MOD (Proffers) Approved 10/10/2006 CRZ (AG-1 & AG-2 to Conditional I-1) Approved 02/22/2005 CUP (Bulk Storage Yard) Approved 02/22/ STC Approved 02/22/ CUP (Communication Tower) Approved 08/08/2000 CUP (Communication Tower) Approved 02/11/1997 CUP (Bulk Storage) Approved 06/22/1987 REZ (AG-2 to I-1) Approved 06/22/ CUP (Bulk Storage) Approved 06/22/1987 REZ (AG-2 to I-1) Approved 06/22/1987 FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Evaluation and Recommendation This request for a modification of proffers and a modification of conditions is acceptable. As stated previously, the applicant intends to change the proffered vehicular access from a private ingress/egress along Castleton Commerce Way to an existing 30-foot private ingress/egress off of Dam Neck Road. In order to legally enter this site using the existing 30-foot private ingress/egress, a rezoning of that property will be required, as any entrance to a site must have a like or more intense zoning. This rezoning must be approved by City Council prior to site plan approval of the Bulk Storage Yard. While the applicant is aware of this requirement, Staff recommends a condition to address this requirement to avoid any confusion in the future. According to Traffic Engineering Staff, new pavement markings and modifications to some existing markings will be required in the Dam Neck Road right-of-way. A more extensive review with additional detailed comments will be provided during the site plan review process. The Development Services Center (DSC) is currently reviewing a site plan for the storage yard, which includes an extensive review of stormwater management. According to DSC Staff, changing the access will not have a material impact on the overall stormwater management design. Based on the considerations above, Staff recommends approval of this request subject to the modified proffers and conditions below. Page 3

4 Proffers Modification The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to offset identified problems to the extent that the proposed rezoning is acceptable, ( 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer numbered 1 as set forth in the 2015 First Amended Proffers is hereby re-adopted and shall read: When the Property is developed, it shall be developed into a bulk storage facility within heavy landscape buffers as shown on the exhibit entitled CONCEPTUAL SITE LAYOUT 7 LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia, dated March 24, 2014, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter Site Plan ). Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney s Office has reviewed the modified proffer agreement dated July 31, 2018 and found it to be legally sufficient and in acceptable legal form. Recommended Conditions The conditions of the Conditional Use Permit for a Bulk Storage Yard dated August 4, 2015 are hereby deleted and replaced with the following conditions: 1. Access to the Bulk Storage Yard shall be from Dam Neck Road from an existing 30-foot private ingress/egress or as otherwise approved by Traffic Engineering. As required by the Zoning Ordinance, the vehicular ingress/egress to this site from Dam Neck Road or any other easement or right-of-way shall be of a like zoning of the Bulk Storage Yard site or a more intense zoning classification than that of the Bulk Storage Yard property. The rezoning of the commercial entrance to the site via the private ingress/egress easement, as depicted on the proposed plat entitled Subdivision Plat of Parcel D, dated July 27, 2018, and prepared by MSA, P.C, shall be approved by City Council prior to site plan approval of the Bulk Storage Yard. 2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable (the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. 3. No equipment shall be stored in the Bulk Storage Yard other than in fully enclosed steel storage containers. No storage containers shall be permitted to be stacked. Any storage containers on the property shall be located on the ground. 4. External generators shall be prohibited from operating at any time on the property. Page 4

5 5. 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. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. No freestanding signage shall be permitted along the Dam Neck Road frontage. 7. Access to the facility shall be restricted by a gated entry containing a keypad. Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. No person shall be permitted to reside at the facility, and no other repair, retail, or other similar business shall be conducted on the site. 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. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as being within the Special Economic Growth Area 3 South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City s AICUZ provisions and Oceana Land Use Conformity program. The western region of this area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. Natural and Cultural Resources Impacts The property is within the Southern Rivers Watershed. There are no known significant cultural or natural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Dam Neck Road 19,866 ADT 1 34,900 ADT 1 (LOS 3 D ) No Data Available 2 32,500 ADT 1 (LOS 3 C ) 37,100 ADT 1 (LOS 3 E ) 1 Average Daily Trips 2 as defined by an outside bulk storage yard 3 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dam Neck Road, in the vicinity of this application, is a four-lane divided, access controlled, major suburban arterial, with 165 foot of right-of-way width. It is designated in the City s MTP as a six lane parkway. There are no roadway CIP projects slated for this segment of Dam Neck Road. Page 5

6 Public Utility Impacts Water The site is available for connection to City Water. There is an existing 20-inch city water main along Dam Neck Road with a 12-inch main stubbed to the property. Sewer The site may be provided sanitary sewer service by a pump and force main connection. There is an existing 42-inch HRSD sanitary sewer force main located within the remainder of an existing 20 foot HRSD sanitary sewer easement along Dam Neck Road. There is an existing six-inch sanitary sewer force main located within an existing 30 foot public utility easement along the eastern boundary of the property. There is an existing eight-inch to 12-inch City sanitary sewer force main along Harpers Road. Page 6

7 Proposed Site Layout Approved by CC 8/4/2015 Page 7

8 Proposed Subdivision Elevations Plat for Parcel D-1 Page 8

9 Site Photos 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

16 Disclosure Statement Page 16

17 Next Steps Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. Following City Council s decision, the applicant will receive a decision letter from Staff. Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at or the Development Liaison Team at Please note that 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 17