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2798 DEAN, L.L.C. Agenda Item D4

D4 July 8, 2015 Public Hearing

APPLICANT & PROPERTY OWNER:

2798 DEAN L.L.C.

STAFF PLANNER: Kevin Kemp

REQUEST: Conditional Use Permit (bulk storage yard) ADDRESS / DESCRIPTION: 2798 Dean Drive

GPIN: 14977400710000

ELECTION DISTRICT: BEACH

SITE SIZE: 1.9 acres

AICUZ: Greater than 75 dB DNL and APZ-1

APPLICATION HISTORY: This application was deferred by the Planning Commission on June 10, 2015, to allow the applicant to address outstanding issues.

Background The applicant requests a Conditional Use Permit to allow the continued use of the property for a bulk storage yard located in both the highest noise zone and APZ 1. Satellite imagery indicates that the site was previously used for the storage of trailers, boats, and various building materials. The applicant recently purchased the site and made improvements to the building, as well as increased the size of the storage area. Following a site inspection from City Staff, it was discovered that the proper permits had not been obtained for the work. The applicant has since been working with various City, State and Federal agencies to obtain the required approvals to complete the development of the site. The site is located directly adjacent to London Bridge Creek, a tributary to the Lynnhaven River. The eastern portion of the site is located within the Resource Protected Area (RPA), the more stringently

BACKGROUND / DETAILS OF PROPOSAL


regulated and environmentally sensitive portion of the Chesapeake Bay Preservation Area (CBPA). The applicant was granted variance by the CBPA Board on February 23, 2015, for encroachment into the RPA for the storage yard. Following the approval from the CBPA Board, the applicant met on-site with City Staff, the Virginia State Department of Environmental Quality (DEQ) and the United States Army Corps of Engineers to discuss mitigation of fill within the floodway. The applicant’s professional civil engineer provided the Department of Public Works with satisfactory information that the amount of fill can likely be offset by removal of existing debris on the site. A site plan addressing conditions of all environmental agencies, including any conditions of approval for this request, must be submitted and reviewed by Staff prior to the applicant obtaining a Certificate of Occupancy on the site. Project Details The submitted concept plan shows the expansion of the bulk storage yard on the 1.9 acre site. The scope of work done to date includes: the clearing of existing trees and other vegetation and the removal of debris on and along the shoreline, the placement of fill material behind an existing retaining wall, and the construction of concrete block storage bins. A fence will be installed along the northern property line to provide screening from the adjacent residential neighborhood to the north. In an effort to promote stormwater infiltration and to reduce impervious surfaces, permeable pavers are proposed on a portion of the site; however, the storage area will be predominately gravel. Access to the site will be from the existing curb cut and entryway off Dean Drive. Although the existing entrance does not meet the minimum width as set forth in the Department of Public Works Standards. The applicant will not be required to widen the entrance. The submitted concept plan shows that a portion of the proposed and completed site improvements are located within the City right-of-way. As such, an encroachment agreement must be granted by City Council for all improvements within the right-of-way, including a portion of the existing concrete retaining wall, backfill, and proposed landscape material. An encroachment agreement application has been submitted to the Department of Public Works and is currently being reviewed. The applicant has made improvements to the existing building on the site including upgrades to the front façade, interior renovations, and the addition of a front entry stoop. According to the applicant, the existing building can accommodate up to six tenants. The proposed hours of operation of the storage yard will be Monday through Saturday, 7 a.m. to 6 p.m.

EXISTING LAND USE: Office warehouse and bulk storage yard SURROUNDING LAND USE AND ZONING:

North: Southern Boulevard

Single-family homes / R-7.5 Residential District South: Dean Drive

Waterway / I-1 Industrial District East: Waterway / I-1 Industrial District

West: Office warehouse & bulk storage yard / I-1 Industrial District

NATURAL RESOURCE AND CULTURAL FEATURES:

The site is located directly adjacent to the London Bridge Creek, a tributary to the Lynnhaven River. The site is heavily impacted by the

LAND USE AND COMPREHENSIVE PLAN


Chesapeake Bay Preservation Act and a portion of the site is located in the Resource Protection Area.

COMPREHENSIVE PLAN: The property is located in the Lynnhaven Strategic Growth Area (SGA) as identified by the 2009 Comprehensive Plan and the Lynnhaven SGA Master Plan, adopted April 24, 2012. The Plan designates the Dean Drive area as an “Innovation Zone” (p. 48). This area is intended to provide “development opportunities for small start-up business and technology innovation” (p. 51). The long term vision here is to create a pedestrian-friendly business complex with walkable access to mass transit and outdoor amenities for visitors and tenants on the waterfront. The plan recommends “Flex” land use and buildings located closer to the street and up to four stories in height for this area (p. 46 and 47). “Flex” is a new type of land designation that permits an interchangeable combination of light industrial, office, and retail (p. 46).

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The applicant’s request for a conditional use permit for bulk storage would have no traffic impact if approved. The site is located on the north side of Dean Drive at its eastern dead end; all traffic on Dean Drive comes from an unsignalized intersection with Lynnhaven Parkway. The submitted site plan shows the reuse of the existing driveway, replacing the existing pavement with permeable pavement. This driveway is only 20-feet wide, which does not meet the Public Works Standards’ minimum width requirements for commercial and industrial entrances; however, because the site is reusing an existing driveway outline and has less frontage than the minimum requires by the Zoning Ordinance, no widening will be required.

TRAFFIC:

Street Name Present Volume

Present Capacity Generated Traffic

Dean Drive No data available

9,900 ADT 1 (LOS 4 “D”)

11,100 ADT 1 (LOS 4 “E”)

Existing Land Use 2 – 100 ADT Proposed Land Use 3 – No

change anticipated

1 Average Daily Trips 2 as defined by 14,400 square feet of light industrial development

3 as defined by the addition of an outdoor storage area

4 LOS = Level of Service

WATER: The site is already connected to City water. There is an existing 10-inch City water main on Dean Drive. The existing 5/8-inch meter (City ID #95109489) may be used or upgraded to accommodate the proposed development.

IMPACT ON CITY SERVICES


SEWER: The site is already connected to City sewer. Sewer and pump station analysis for pump station #253 is required to determine if future flows can be accommodated.

The site is located in the “Innovation Zone” of the Lynnhaven Strategic Growth Area (SGA). The long-term vision of the SGA Implementation Plan is for pedestrian-friendly business complexes, with access to mass transit and outdoor amenities for visitors and to tenants along the Creek. The requested bulk storage use is not consistent with the SGA Plan; however, the use is in character with the surrounding area, and is deemed appropriate as an interim use while redevelopment trends of the surrounding area begin to develop consistent with the ultimate vision of the Lynnhaven SGA. When market forces dictate, Staff would expect to see projects in the “Innovation Zone”, particularly the subject site, to capitalize on its waterfront location and redevelop in a manner that is sensitive to the natural environment. Consistent with City Council policy and previous use permit applications in which the use is not consistent with the vision of the SGA Plan, Condition 2 is recommended that limits the duration of this use permit to ten (10) years. Section 228 of the City Zoning Ordinance requires that a bulk storage yard be entirely surrounded 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 intends to install a fence and gate only along the northern property line. The submitted concept plan does not show a fence or landscaping along the eastern property line. This deficiency can be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviation “for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties”. Staff concludes that because the area directly adjacent to the storage yard is a waterway and will never be developed, the lack of screening will not adversely impact the adjacent properties. Based on the considerations above, Staff recommends approval of this request with the conditions below.

1. Except as modified by any changes or conditions required by any environmental agencies on

the parcel, including but not limited to the Chesapeake Bay Preservation Area Board, Virginia Department of Environmental Quality and the Army Corp. of Engineers, the site shall be developed substantially in conformance with submitted Site Plan entitled “CONCEPTUAL DEVELOPMENT PLAN PARCEL “J”, 1.900 ACRES, 2798 DEAN, LLC, IMPROVEMENT PLAN”, dated 03/31/2015 and prepared by WPL. Said Site Plan was displayed to the Virginia Beach City Council and is on file with the Planning Department.

2. This Conditional Use Permit for Bulk Storage shall expire ten (10) years from the date of City Council approval. To continue the use of the site as a bulk storage facility after such expiration,

CONDITIONS

EVALUATION AND RECOMMENDATION


the applicant shall request approval of a Modification of Conditions through the submission of proper application in affect at that time.

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.


CBPA BOARD ACTION: APPROVED WITH 20 CONDITIONS Standard Site Conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any additional land disturrbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. Said areas of land disturbance shall be quantified on revised site plan submittals. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occuring on a paved or graveled surface. 4. Wire reinforced 36” silt fence, for erosion and sedimentation control measures, shall be installed along the seaward portion of the project prior to any land disturbance and shall reain in place until such time as vgetative cover is established. Said silt fence shall be delineated in the field with Civil Inspections. 5. Construction limits shall be delineated in the field with the Civil Inspections for both on and off-site disturbed areas. Within the RPA, exclusive of limits of construction, areas of existing landscape beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such shoreline vegetation, may not be removed. 6. For all areas to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 7. Permanent and/or temporary soil stabalization measures shall be applied to all disturbed/denuded area(s) prior to a final building inpection or certificate of occupancy. All disturbed or denuded areas shall be stabalized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. Site Specific Conditions: 8. A revised site plan shall be submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 9. Submitted concurrent with the site plan shall be a separate planting/buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoaration requirements. The planting/buffer restoration plan shalll clearly delineate existing naturalized areas (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitted sunlight to interface with tidal fringe marsh. 10. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D- Stormwater Management.

CONDITIONS OF THE CHESAPEAKE BAY PRESERVATION AREA BOARD FEBRUARY 23, 2015


11. Pursuant to the Chesapeake Bay Preservation Area Ordinance, buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA. Submitted with the application is approximately 5,280 square feet of restoration the majority of which lies off-site on City propoerty. If approved, off-site and on-site buffer restoration shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assisstance. The required restoration areas shall be located in the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4”-6” in depth. Said mulched restoration area shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in mash shading or interference with the integrity of shoreline structures. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to thte issueance of the certificate of occupancy or release of the building permit. 12. A means or method to adhere to the aforementioned VIMS recommendation to enhance the Riprarian/Marsh Buffer and widen the Marsh shall be addressed, approved, and installed prior to a certificate of occupancy permit within one (1) year of February 23, 2015. A Joint Permit Application (JPA) will be required. 13. Outboard of proposed permeable pavers shall #57 washed aggregate at a minimum depth of 6 inches. 14. An encroachment for off-site improvements shall be obtained from City Council prior to site plan approval. 15. A conditional use permit shall be required from the City Council for a bulk storage yard within the zoned I-1, Industrial District. Said approval shall be obtained prior to site plan approval. 16. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payments shall be based upon the amount of new impervious cover within the RPA inclusive of the once variable width RPA. The revised site plan must quantify the amount of impervious cover within the RPA. Payment shall be calculated in the amount as follows (Proposed impervious cover divided by 4, divided by 27, times 15, times 1.65 for the total amount required). Said amount is based on 25% of the propsed impervious cover within the RP, inclusive of the variable width portion of the buffer. Said payment shall provide for an oyster shell plant within the Lynnhaven River Basin. 17. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support.



18. Upon granting of a CBPA variance, encroachment from the City Council and conditional use permit from City Council, a revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval within 90 days from the date of City Council approval(s). Once said site plan has been approved, a CBPA/Civil Inspections ermits must be obtained within 30 days. All required restoration must be installed or in the process of being installed within 45 days after issuance of the building permit. Failure to comply with this conditoin may result in a show cause hearing. 19. The conditions and approval associated with this variance are based on the exhibit dated February 2, 2015, prepared by WP Large, signed February 2, 2015 by Eric Garner. 20. Approval from Public Works for the retaining wall and assocaited backfill within the floodway portion of the floodplain must be obtained prior to proceeding to Planning Commission or City Council for the aforementioned request to encroach onto City property and conditional use permit for bulk storage within the I-1 Zoning District.



AERIAL OF SITE LOCATION


ARIAL PHOTOGRAPH- 2013


ARIAL PHOTOGRAPH- 2015


SITE PLAN- EXISTING CONDITIONS


SITE PLAN- PROPOSED IMPROVEMENTS


CUP = Conditional Use Permit REZ = Rezoning CRZ = Conditional Rezoning

MOD = Modification of Conditions or Proffers NON = Nonconforming Use STC = Street Closure

FVR = Floodplain Variance ALT = Alternative Compliance SVR = Subdivision Variance

# DATE REQUEST ACTION

1 11/24/2009 CUP (Residential Kennel) Approved

2 02/01/2007 CUP (Community Boat Dock) Approved

07/06/2004 SVR Approved

03/18/1985 CUP (Miniature Golf Course) Approved

3 11/27/2001 MOD Approved

03/15/1999 CUP (Church Addition) Approved

4 06/27/1995 CUP (Automobile repair establishment) Approved

5 03/27/1995 REZ (I-1 to Conditional B-2) Approved

1

2

4

3 5


DISCLOSURE STATEMENT

rezoning and cup template - vbgov.com · 7/8/2015 · façade, interior renovations, and the...

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