Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval. Staff Planner Jimmy McNamara

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1 Applicant Jones At 1888, LLC Property Owner City of Virginia Beach Public Hearing April 11, 2018 City Council Election District Beach Agenda Item 7 Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval Staff Planner Jimmy McNamara Location 1888 Virginia Beach Boulevard GPINs , Site Size 1.40 acres AICUZ Greater than 75 db DNL; APZ 1 Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant / B-2 Community Business Surrounding Land Uses and Zoning Districts North Multi-family / A-18 Apartment South Virginia Beach Boulevard Mini-warehouses / B-2 Community Business East Auto repair / B-2 Community Business, Conditional I-1 Light Industrial West Maxey Drive Mixed retail, office warehouse, auto repair, bulk storage yard / B-2 Community Business Page 1

2 Background and Summary of Proposal The subject site is composed of two parcels totaling 1.40 acres located within the Greater than 75 Noise Zone and the Accident Potential Zone 1 (APZ-1). The site was acquired as part of the City s APZ-1 program to prevent further development of incompatible uses in the area surrounding NAS Oceana. Consistent with the zoning on the majority of the property, in 2012, the City Council approved a rezoning on the northernmost portion of this site (approximately half an acre) from A-12 Apartment District to B-2 Community Business District, and a Conditional Use Permit for Motor Vehicle Sales and Service on the entire 1.40-acre site. However, the contract with the City to purchase the site and ultimately operate the auto sales and service business never came to fruition. Recently, the City of Virginia Beach entered into a contract with this applicant to develop the site with an office warehouse and storage yard for a cement and asphalt paving company. The 10,640 square-foot building will include a 2,800 square-foot shop and associated storage, a 2,800 square-foot office and a 5,040 square-foot warehouse. In addition, a 26,656 square-foot gravel bulk storage area is proposed behind the building on the northern portion of the site. As such, a Conditional Use Permit for a Bulk Storage Yard is requested. The gravel Bulk Storage Yard will be used to store construction equipment and materials. Category VI screening is required to surround the yard. A deviation to this Zoning Ordinance requirement is requested along the eastern portion of the storage yard, as no plant material is outside of the fence. The adjacent properties are zoned B-2 Community Business and I-1 Light Industrial Districts. The storage yard will be enclosed with a masonry wall with plants along Maxey Drive and a solid, six-foot high, wood privacy fence along all other sides. A double row of evergreen trees is proposed along the northern property line within a 15-foot landscape buffer adjacent to the A-18 Apartment District to the north, thereby exceeding the planting requirement. One ingress/egress directly into the storage yard is proposed along Maxey Drive. Access interior to the site is along proposed. The gates will remain closed, except for times of necessary ingress/egress. The exterior building materials for the front portion of the building, which will contain the office and shop, feature a glass front with EIFS and brick. The exterior building material for the rear of the building, which will contain the warehouse, will be a mix of brick and vertical metal panels. The required streetscape, parking lot interior and foundation landscaping are all depicted on the site layout, and will be reviewed in more detail during the final site plan review. Page 2

3 Zoning History # Request 1 CRZ (A-12 to Conditional B-2) Approved 11/13/2012 CUP (Motor Vehicle Sales & Service) Approved 11/13/ CRZ (B-2 to Conditional I-1) Approved 03/14/ CUP (Automobile Repair Garage) Approved 02/22/ CUP (Bulk Storage) Approved 08/25/ CUP (Mini-warehouse) Approved 10/09/ CUP (Motor Vehicle Sales) Approved 10/08/1996 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 This City owned parcel has been marketed to numerous uses over the years. Due to its location within the APZ-1 and the Greater than 75 noise zone, and its close proximity to existing residential uses, finding a compatible use has been difficult. The proposed construction service building is both a by-right use, and is compatible with the AICUZ regulations set forth in Section 1800 of the Zoning Ordinance. Although the Bulk Storage Yard is compatible with the AICUZ regulations, it does require a Conditional Use Permit. At the request of Staff, the applicant has revised the initial submittal in order to provide additional plant material along the property line adjacent to the residential uses to the north. The concept plan depicts a double row of evergreen trees along the rear of the property to assist in screening this use. In addition, a condition has been recommended limiting the hours of operation for truck traffic to between 7:00 a.m. to 7:00 p.m., Monday through Friday. When a formal site plan is submitted for review, right-of-way improvements including curb and gutter, sidewalks and a 10-foot dedication along Maxey Drive will be required. Traffic Engineering has noted that additional comments regarding the right-of-way improvements, entrances and other site development features will be forthcoming in more detail during the formal site plan review process. Also, if approved by the City Council, the applicant is aware of the need to obtain a waiver from the Building Official s Office for the installation of the gravel, rather than the required asphalt or concrete. Given that there are other similar light industrial uses in close proximity to the site, such as motor vehicle repair, storage yards and mini-warehouses; the compatibility with the AICUZ; the increased plant material adjacent to the residences; and the implementation of the recommended conditions below, Staff recommends approval. Page 3

4 Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, CONDITIONAL USE PLAN FOR 1888 VIRGINIA BEACH BLVD PARCEL 9, 10, 32, 33, & 34 VIRGINIA BEACH, VIRGINIA, prepared by Gaddy Engineering Services, LLC, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, shall be in substantial conformity with the renderings entitled, Southampton Roads Construction Corp Building Conceptual View 1, 2, 3, & 4, prepared by Finley Design Architecture and Interiors, dated March 22, 2018, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Concept Plan referenced in Condition 1 above, and meeting all of the requirements of the Zoning Ordinance, other than the specific deviation described above in the Staff report with regard to the Category VI screening, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 4. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain footcandle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 5. All light fixtures on the site shall be no taller than 14 feet in height. 6. All light fixtures shall be shielded away from the adjacent residential uses to the north of the site. 7. All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50%. The automatic dimming should be the manufacturer s standard but as a minimum shall dim to 50%. All lighting fixtures within 100 feet of the residential properties to the north shall be dimmed to 50% the lumen output after 7:00 p.m. 8. There shall be no mixing of any materials, such as but not limited to, concrete or asphalt, in the Bulk Storage Yard. 9. Commercial truck traffic to and from the site shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. 10. The Bulk Storage Yard shall be closed and no activity including loading or offloading may occur in the bulk storage area between the hours of 7:00 p.m. and 7:00 a.m. daily. 11. All materials within the Bulk Storage Yard may be stacked no taller than six feet in height. 12. The onsite dumpster shall only be permitted to be picked up between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday. 13. Except for necessary ingress and egress of vehicles, the gates to the bulk storage area shall remain closed. 14. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. Page 4

5 15. No on-street parking within the right-of-way shall be permitted by the owners, or employees of this property. 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 This site is located in the Hilltop Strategic Growth Area (SGA), as identified by the Comprehensive Plan. The vision for the Hilltop SGA is a pedestrian friendly retail destination within close proximity to the oceanfront with improved streets, crosswalks, landscaping and lighting. The Comprehensive Plan s Special Area Development Guidelines for Urban Areas provides recommendations for site design. Natural and Cultural Resources Impacts There are no known significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 30,570 ADT 1 22,800 ADT 1 (LOS 4 D ) 27,400 ADT 1 (LOS 4 Existing Land Use E ) ADT Proposed Land Use 3 No Data 9,900 ADT Maxey Drive No Data Available 1 (LOS 4 D ) Available 11,100 ADT 1 (LOS 4 E ) 1 Average Daily Trips 2 as defined by 1.2 acres of B-2 zoned property 3 as defined by a contractor s office, shop and bulk storage yard 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There is no Institute of Transportation Engineers (ITE) Trip Generation data for a contractor s office, shop and bulk storage yard, and therefore Traffic Engineering cannot provide a reliable estimate of the trips generated by the proposed use. However, the proposed uses of this site should have no significant impact on Virginia Beach Boulevard, Maxey Drive or the City s transportation network. Public Utility Impacts Water & Sewer The site is currently connected to City water and sewer. Water and sanitary sewer service must be verified and improved, if necessary, so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Page 5

6 Proposed Site Layout Page 6

7 Proposed Renderings Page 7

8 Proposed Renderings 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 X X X X Townebank Page 13

14 Disclosure Statement Page 14

15 Disclosure Statement Page 15

16 Disclosure Statement Page 16