3 August 13, 2014 Public Hearing

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1 3 August 13, 2014 Public Hearing APPLICANT: PAUL BRADLEY / BRADLEY MARINE, L.L.C. PROPERTY OWNER: CILOU L.L.C. REQUEST: Conditional Use Permit (boat and vessel repair and bulk storage yard) ADDRESS / DESCRIPTION: 588 B Central Drive STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 88,850 square feet AICUZ: >75 db DNL, APZ-2 BACKGROUND / DETAILS OF PROPOSAL Background The applicant is requesting a Conditional Use Permit to use an existing facility for the repair of boats, as well as a Use Permit for a bulk storage yard to be able to temporarily store boats awaiting repair. Over the past 22 years, there have been a number of Use Permits granted on this property for uses similar to the applicant s request. These Use Permits and subsequent modification are outlined below. On May 12, 1992 a Use Permit was granted for the use of the property as a contractor s equipment storage yard. One condition of the approval stated that the entire perimeter of the site must be screened with Category IV landscaping. On October 13, 1992 a Use Permit was granted for an automobile repair garage on the property. A small repair garage was proposed to be constructed at the southeast corner of the site. Category IV landscaping remained required around the exterior perimeter of the site. It appears that this building was never constructed. On October 29, 1996 a Use Permit was granted for an automobile repair garage and bulk storage facility on the property. The automobile repair took place in the existing building. The conditions Page 1

2 required that the auto repair garage be enclosed by a minimum six-foot privacy fence with category IV landscaping. On June 24, 2008 a modification of the conditions of all previous Use Permits on the property was granted. This modification was granted so that the applicant could store up to 50 damaged vehicles on site within parking spaces located in the storage yard, a condition not allowed as per the 1992 and 1996 Use Permits. As a condition of the approval, the applicant agreed to install 6 inches of aggregate in the storage area, as well as retaining the previous screening requirements. The site is currently operating as an automobile repair garage and bulk storage facility for boats, recreational vehicles, and contactor s equipment. The site is screened along Central Drive and Industry Lane with a six-foot privacy fence and a row of shrubs. The northern property line is secured using chain link fencing with barbed wire. In 2010, this portion of the fencing was reviewed for compliance with the approved conditions. Following staff review, it was determined that a privacy fence with Category IV landscaping was not required along this property line, due to its location adjacent to a 70-foot wide drainage easement and another industrial property sharing a similar use. Details A majority of the existing site is a bulk storage facility that encompasses two parcels under the same ownership. The total area of the two parcels is approximately 4 acres. The subject parcel of this Use Permit request is the western parcel, which is 2.04 acres. A one-story brick building containing offices and repair facilities for automobiles and boats is located on the site. The boat repair and storage will be take place within the existing facility and storage area, specifically the approximately half-acre southern portion of the site. The applicant proposes to use 2,500 square feet of the existing facility, located in the northern two repair bays. Consistent with the conditions previously approved on the site for automobile repair, all boat repairs will be performed inside the buildings. Boats awaiting repair will be stored in the fenced area to the rear of the building. This area is separated from the larger storage facility by a six foot chain link fence, and is composed of a mix of concrete and gravel surface. Access to the repair facility and the storage area will be from the existing access point on Industry Lane. The applicant intends on providing general boat repair services for small boats, 30 feet or less in length. Services will include repairing electrical systems and components, installation of electronics and accessories, as well as repair and preventative maintenance for outboard engines. Repairs will be scheduled by appointment only, ensuring the number of boats being stored on the site at any one time is minimal. The hours of operation will be 8 a.m. to 5 p.m. Monday through Friday, and 9 a.m. to 1 p.m. on Saturdays. The business will employ two full-time boat technicians and the operating manager. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial office space, bulk storage facility, automobile and boat repair. SURROUNDING LAND USE AND ZONING: North: Bulk storage facility / I-1 Light Industrial District South: Quality Court Office-warehouse / I-1 Light Industrial District East: Bulk storage facility / I-1 Light Industrial District Page 2

3 West: Central Drive Office-warehouse / I-1 Light Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: A majority of the site is undeveloped area with a gravel surface covering. A portion of the site is developed with a one story structure and a paved parking area. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Special Economic Growth Area (SEGA) 2- West Oceana. West Oceana SEGA is generally bound by London Bridge Road, Lynnhaven Creek, South Lynnhaven Road, and Potter s Road. The majority of the area has been subdivided and is zoned for commercial and industrial uses. Much of the area is subject to Navy restrictive easements and all of the area is inside the AICUZ high noise zone. The entire site is within the over 75 db DNL noise zone. All new or improved development proposals must adhere to the City s AICUZ provisions (p. 3-30) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Central Drive in the vicinity of this site is a two lane collector street. Central Drive has a right-of-way width of 60 feet, and the Master Transportation Plan shows an undivided roadway with an ultimate right-of-way width of 60 feet. There is currently no capital improvement project scheduled for this segment of right-ofway. TRAFFIC: Street Name Present Volume Present Capacity Central Drive 4,845 ADT 1 6,200 ADT 1 (Level of Service C ) 9,900 ADT 1 (Level of Service D ) 11,000 ADT 1 (Level of Service E ) Generated Traffic The generated traffic due to the addition of this proposed use is negligible. 1 Average Daily Trips WATER & SEWER: The site is already connected to the City water and sewer systems. EVALUATION AND RECOMMENDATION City Zoning Ordinance - Section 220 Purpose of Conditional Use Permits It shall be the duty of the City Council under the provisions of this article to evaluate the impact and the compatibility Page 3

4 of each [conditional] use, and to stipulate such conditions and restrictions including those specifically contained herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing land uses and conditions and in terms of development proposed or permitted by right in the area; or where that cannot be accomplished, to deny the use as not being in accordance with the adopted Comprehensive Plan or as being incompatible with the surrounding neighborhood. The applicant s request for a Use Permit to operate a boat repair and storage facility at this site is acceptable. The use of the site, as shown on the submitted site plan, is generally consistent with the Comprehensive Plan s land use policies for the West Oceana SEGA 2. Additionally, the proposed use adheres to the City s AICUZ provisions for sites located in Accident Potential Zone II, and is consistent with the use of the surrounding properties. The site has been used as an automobile repair facility and bulk storage yard for a number of years, and the applicant proposes only to add boat repair as a permitted use. No expansion of the facilities is proposed with this application. There are no changes proposed to the exterior of the building with this application. Should the applicant desire to install additional signage, such signs must meet all requirements of the Zoning Ordinance. There are no improvements required for the site with this application. A majority of the storage area to the rear of the building is concrete and crushed gravel, and is acceptable ground cover for a bulk storage facility. In May 2010, staff informed the property owner that a solid six-foot high fence with Category IV landscaping was required along the property lines adjacent to Central Drive and Industry Lane. The chain-link fence along Industry Lane was replaced with a solid wood fence, and shrubs were planted adjacent to both rights-of-way. The owner was informed that solid fencing and landscaping were not required along the rear property line. Moreover, a deviation from the landscape screening requirement along the north and east property lines is being addresses as part of this Use Permit. Section 228 of the Zoning Ordinance provides the standards to be applied to a Use Permit for a bulk storage yard; one standard is that the area be entirely enclosed by Category VI screening. Category VI screening consists of a six-foot high solid fence with Category I landscape plantings within a minimum five-foot wide bed. The screening on the site along Central Drive and Industry Lane meets these requirements; the chain-link fence along the north property lines does not. The City Council may allow a deviation from this requirement for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties, (Section 221(i)). Reasonable deviations from the following requirements otherwise applicable to the proposed development are allowed: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, except as provided in Section 202(b); and (4) Minimum lot area requirements. Staff concludes that a deviation from the landscaping requirements for a six-foot high solid fence with Category I landscaping around the entire bulk storage area will not adversely impact adjacent properties. The property directly to the north was granted a Use Permit for bulk storage in 2003, and is similar in use and character. Additionally, a 70 foot drainage easement separated the two properties. Based on staff s evaluation, as summarized above, approval of this request is recommended with the conditions below. Page 4

5 CONDITIONS 1. All conditions attached to the Conditional Use Permits granted by City Council on May, , October 13, 1992 and October 29, 1996, and subsequent Modification of Conditions granted on June 24, 2008, shall be deleted and replaced with the following: a. With the exception of any modifications required by any of these conditions, use of the site may include bulk storage, motor vehicle repair garage, and boat and vessel repair, and shall be developed and maintained substantially in conformance with the submitted site plan entitled PARKING PLAN OF LOT 24, LONDON BRIDGE INDUSTRIAL PARK II, PHASE ONE AND LOT 41, LONDON BRIDGE INDUSTRIAL PARK II, PHASE TWO FOR OCEAN PROPERTIES, LLC, prepared by John E. Sirine and Associates, Ltd. and dated March 30, b. Stormwater management facilities shall be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance. c. No outside storage of equipment, parts, or materials shall be permitted. d. All automobile and boat repair work shall be performed inside the building. e. No more than 50 inoperative vehicles awaiting parts or undergoing damage evaluation for insurance processing may be stored on the subject site at any given time. No inoperative vehicle may be stored on-site for more than 30 days. f. Boats awaiting service or pick-up shall be stored in the area marked as BOAT STORAGE AREA on the submitted site plan. g. The bulk storage yard and automobile and boat repair garages shall be enclosed by a sixfoot high solid fence with Category I landscape screening adjacent to Central Drive and Industry Lane. The existing chain-link fencing along the property lines not adjacent to rightsof-way is acceptable for screening purposes. h. All curb-cuts accessing the site shall be paved. i. The automotive repair garage parking area shall be paved, curbed, and guttered. j. Any new signage shall obtain a permit from the Planning Department / Zoning Office. Page 5

6 NOTE: 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 6

7 AERIAL OF SITE LOCATION Page 7

8 PROPOSED SITE LAYOUT (Condition 1.a) Page 8

9 PROPOSED SITE LAYOUT DETAIL (Condition 1.a) Page 9

10 ZONING HISTORY # DATE REQUEST ACTION 1 06/26/2012 Use Permit (Wind Energy System) Approved 2 11/25/2008 Use Permit (Bulk Storage Yard) Approved 3 06/24/2008 Modification of Use Permit Approved 10/29/1996 Use Permit (Automobile Repair) Approved 10/13/1992 Use Permit (Automobile Repair) Approved 05/12/1992 Use Permit (Storage or Processing of Salvage, Scrap or Junk) Approved 4 08/12/2003 Use Permit (Bulk Storage Yard) Approved 5 02/26/2002 Use Permit (Bulk Storage Yard) Approved 02/26/2002 Use Permit (Cellular Tower) Approved 6 05/12/1998 Use Permit (Bulk Storage Yard) Approved 7 02/24/1998 Use Permit (Bulk Storage Yard) Approved 8 03/28/1995 Use Permit (Automobile Repair) Approved Page 10

11 DISCLOSURE STATEMENT Page 11

12 DISCLOSURE STATEMENT Page 12