Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval. Staff Planner Jonathan Sanders

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1 Applicant & Owner Wal-Mart Real Estate Business Trust Public Hearing July 11, 2018 City Council Election District Beach Agenda Item 10 Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval Staff Planner Jonathan Sanders Location 657 Phoenix Drive GPIN Site Size 15 acres AICUZ Greater than 75 db DNL; APZ 2 Watershed Chesapeake Bay Existing Land Use and Zoning District Retail Store / B-2 Community Business Surrounding Land Uses and Zoning Districts North Vacant lot, office / I-1 Light Industrial South Sabre Street Office / I-1 Light Industrial East Phoenix Drive Mixed retail / B-2 Community Business West Office / B-2 Community Business Page 1

2 Background and Summary of Proposal On September 20, 2016, City Council approved a Conditional Use Permit for a Bulk Storage Yard for two years that permitted up to 10 storage containers on the site, only between September 15 th and January 15 th, on the northern side of the building. As the two-year time limit is approaching, the applicant is requesting a new Conditional Use Permit for a Bulk Storage Yard in order to allow these 10 containers in the same location and during the same time frame, but that there be no limit to the length of the Conditional Use Permit. A deviation to the required Category VI screening (solid six-foot high fence and evergreen shrubs) is requested. The existing mature vegetation along the northern property line, as well as the building itself, will aid in screening the containers from view; however, should the property to the north be developed, this natural screening will likely be diminished if not fully removed Zoning History # Request 1 CUP (Bulk Storage Yard) Approved 09/20/2016 CUP (Bulk Storage Yard) Approved 07/05/2016 MOD (Proffers) Approved 02/24/ MOD (I-1 to Conditional B-2) Approved 08/24/ CUP (Hotel) Approved 10/12/ CUP (Indoor Commercial Recreational Facility) Approved 06/23/ CUP (Wind Energy System) Approved 06/26/2012 STC Approved 10/27/1998 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 location of the proposed storage containers on the northwest corner of the site has been selected to best screen the bulk storage area from view. It should be noted that Section 228 of the City Zoning Ordinance requires a Bulk Storage Yard to 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. A deviation to this requirement is requested and Staff believes it can be addressed through 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 in this requirement will not adversely impact the adjacent properties, particularly given that the existing dense plant material is located along the northern property line and that the existing large building on the site will also screen the bulk storage area from the rights-of-way. Page 2

3 This proposal is compatible with the provisions of the Land Use Compatibility Table in Article 18, AICUZ, of the Zoning Ordinance for a site located within the Greater than 75 db DNL noise zone and the APZ-2. The location of the storage containers shall be such that no easements are blocked and that adequate access is maintained around the building for vehicular and fire apparatus. Based on the considerations above, Staff recommends approval of this request with the conditions below. Recommended Conditions 1. The location of the Bulk Storage Yard for the storage containers shall be limited to the area depicted on the proposed site layout, 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. Unless otherwise authorized by the Building Official s Office and the Fire Marshall, the location of the storage containers shall be so located as to maintain a 20-foot wide accessway for vehicular traffic flow and emergency access to the building and HVAC equipment. 5. No hazardous materials shall be stored within the storage containers. 6. 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. 7. The storage containers shall be limited to 10 and are only permitted on site from September 15 th to January 15 th. 8. The existing plant material along the northern and western property lines shall remain and shall be properly maintained so as to provide a continuous screen to the Bulk Storage Yard. In the event that the property to the north is developed and the existing plant material is removed and fails to meet the intent of the Category VI screening, a solid fence shall be installed along said property line at a height and with materials approved by the Planning Director. 9. This Conditional Use Permit is valid for two years from the date of approval by the City Council. 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 The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan s primary guiding principle for the Suburban Area is to create Great Neighborhoods, and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There does not appear to be any significant natural resources or cultural features associated with the site, as it is almost entirely impervious. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 13,100 ADT 1 (LOS 2 C ) Sabre Street No Data Available 20,700 ADT 1 (LOS 2 E ) No Change Anticipated 6,200 ADT 1 (LOS 2 C ) Phoenix Drive No Data Available 9,900 ADT 1 (LOS 2 E ) 1 Average Daily Trips 2 LOS = Level of Service Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Page 4

5 Proposed Site Layout Page 5

6 Site Photos Page 6

7 Disclosure Statement 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