applicant: sandbridge towing, inc. - vbgov.com

SANDBRIDGE TOWING, INC. Agenda Item 1

1May 14, 2014 Public Hearing

APPLICANT:

SANDBRIDGE TOWING, INC.

PROPERTY OWNER:

EDDIE LEE COOPER &

LINDA A. ACKISS STAFF PLANNER: Kristine Gay

REQUEST: (a) Conditional Change of Zoning (AG-2 Agricultural to Conditional B-2 Business) (b) Conditional Use Permit (Bulk Storage Yard) ADDRESS / DESCRIPTION: Northern terminus of Princess Anne Lane (adjacent to the west of Princess Anne Road) GPIN: 2403974798 (part of)

ELECTION DISTRICT: PRINCESS ANNE

SITE SIZE: 39,602 square feet (0.91 acres)

AICUZ: Less than 65 dB DNL

Background The applicant is requesting a Conditional Use Permit for Bulk Storage and a Conditional Rezoning from AG-2 Agriculture to Conditional B-2 to allow development and use of the site as a towing service. The applicant needs to relocate the existing towing service, Sandbridge Towing Inc., from the southwestern corner of the intersection of Princess Anne Road, Upton Drive, and Sandbridge Road. The applicant’s search for a new site resulted in the subject property. The property is zoned AG-2 Agriculture, which does not allow the proposed use. The City Zoning Ordinance places a towing service within the category of ‘Bulk Storage.’ Bulk Storage is allowed in the B-2 Community Business District, with a Conditional Use Permit. Accordingly, the applicant is requesting the Conditional Rezoning to B-2 Business and the Conditional Use Permit for Bulk Storage. In the zoning location map above, the area shown in solid red depicts the actual location for which the Conditional Rezoning and Conditional Use Permit are being requested. The site is a 39,602 square foot portion of the property identified as GPIN 2403-97-4798. The remaining 136,990 square foot portion of the property identified as GPIN 2403-97-4798 (hatched in red in the zoning location map above) is not included in this request for a Conditional Rezoning and Conditional Use Permit.

BACKGROUND / DETAILS OF PROPOSAL


The subject site is adjacent to Princess Anne Road to the east and Princess Anne Lane to the west. To the north, Princess Anne Lane terminates at a cul-de-sac. Agricultural land owned by the applicant extends approximately 175 feet to the south of the subject site. Adjacent to this agricultural land are two single-family residences. Details The nature of the applicant’s proposed use generally requires that the business operates 24 hours a day. The proposed use is strictly a towing service. No vehicle repairs or services of any kind will be provided to the vehicles while on the subject site. The applicant has a contract with the Virginia Beach Police Department for which he stores impounded vehicles for up to 45 days. With the exception of vehicles covered by this contract, no vehicles are stored on site for more than 72 hours. At a maximum, the site can store up to 20 vehicles; on average, there are typically only 5 to 8 vehicles stored at a time. The applicant has submitted a site plan showing a 30’ x 50’ metal building that will contain the office. The front façade of the office has a covered porch and a centered front door. Projecting from the western façade of the office is a 30’ x 50’ canopy that will cover two ports for cars or trucks. An 8-foot tall gate and chain-link fence will surround a 170’ x 90’ gravel storage lot. The applicant will screen the chain-link fence by installing an 8-foot tall maintenance-free privacy fence on the outside of the chain-link fence, exceeding the Category VI screening required for this use. As shown on the submitted site plan, the applicant’s proposed access to the site is the addition of a ‘driveway’ at the top of the Princess Anne Lane cul-de-sac onto that connects to an access drive to the north. That access drive is the existing means of ingress and egress to an established borrow pit located at 1985 Princess Anne Road. To avoid causing any nuisance to the nearby residents, it is the intent of the applicant to access the site northward rather than southward on Princess Anne Lane.

EXISTING LAND USE: Open field, agricultural land SURROUNDING LAND USE AND ZONING:

North: Princess Anne Road right-of-way Vacant undeveloped land / Conditional B-1A Business

District and Conditional PD-H2 [P-1 Preservation] South: single-family dwellings and agriculture /

AG-2 Agricultural District East: Princess Anne Road

Single-family dwellings / Conditional PD-H2 [P-1 & R-30] West: Princess Anne Lane

Agriculture and single-family dwelling / AG-1 and AG-2 Agricultural District

Borrow Pit / AG-1 and AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES:

The site is a cultivated agricultural field. There are no known significant natural or cultural features associated with the subject property.

COMPREHENSIVE PLAN: The Comprehensive Plan designates the area as the Transition Area.

LAND USE AND COMPREHENSIVE PLAN


Discretionary development proposals within the Transition Area should continue to adhere to the planning and design principles cited in the Transition Area Design Guidelines, and conform to the provisions of the Oceana Land Use Conformity program and AICUZ regulations. It should be demonstrated that the capacity of roadways and other infrastructure can adequately support the increased demand. The applicant’s proposed site plan and building plan are respectful of the existing area and rural character along this portion of Princess Anne Road.

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is a two-lane rural highway, with a 100-foot right-of-way width. The City’s MTP map shows Princess Anne Road as a four-lane parkway with 135-foot right-of-way width. In the vicinity of this site, CIP project 2-033.000, Princess Anne Road Phase VII-A, is proposed to address some safety improvements, the scope of which has not been fully identified. Princess Anne Lane is a two-lane local street with a variable-width (40 – 50-feet) right-of-way, and is not included in the City’s MTP.

TRAFFIC: Street Name

Present Volume

Present Capacity Generated Traffic

Princess Anne Road

13,000 ADT 1

7,400 ADT 1 (Level of Service “C”) to 18,600

ADT 1 (Level of Service “E”)

Existing Land Use 2 – 10 ADT

Proposed Land Use 3 – Trip generation for a towing

service is not included in the ITE Trip Generation Manual,

and no data could be found in other professional references

to produce an estimated number of expected trips. It is, however, expected that

the proposed use will result in a higher ADT than the current

use produces

Princess Anne Lane

No Data

Available

6,200 ADT 1 (Level of Service “C”) to 11,100

ADT 1 (Level of Service “E”)

1 Average Daily Trips 2 as defined by 0.90 acres of agriculturally zoned property

The proposed access to and from the site on the Princess Anne Lane cul-de-sac is acceptable; however, the additional connection from the cul-de-sac to the driveway access for the adjacent borrow pit site is not acceptable to Public Works. Access must be directly from a public street or via a shared driveway located entirely on the adjacent private property. Another option is a closure of the northernmost portion of Princess Anne Lane, which will require the relocation and construction of the cul-de-sac at the new northern terminus of the right-of-way. In sum, Public Works / Traffic Engineering will require that the access point be located such that it has direct access to and from a public street.

WATER: This site must connect to City water. There is an existing ten-inch city water line on Princess Anne Road.

SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems.

IMPACT ON CITY SERVICES


Under the provisions of the City Zoning Ordinance, the applicant’s business is a Bulk Storage Yard. A Bulk Storage Yard is defined as “a facility for the storage of raw materials, finished goods or vehicles, provided they are in good running order. No sale, storage or processing of scrap, salvage, junk, toxic, or hazardous materials are allowed.” Under the current AG-2 Agriculture zoning, a Bulk Storage Yard is not permitted. Thus, the applicant is requesting a Change of Zoning to Conditional B-2 Community Business. Under the proposed B-2 zoning, the use of a Bulk Storage Yard is permitted with the City Council approval of a Conditional Use Permit, which the applicant is also requesting. While typically the hours of operation and nature of the proposed use are not compatible with the surrounding land uses or zoning districts, due to the limited scale of the applicant’s towing operation, the proposed layout of the site and design of the building, as well as the proffers of the rezoning, the applicant’s proposed use of the property is compatible with the surrounding area and consistent with Comprehensive Plan policies for the Transition Area. The location and design of the primary access point to the site, however, is an issue that requires additional attention. Access to the site is depicted via a driveway to Princess Anne Lane. In addition, the site layout indicates a proposed connection from the top of the cul-de-sac, which is a public right-of-way, into an existing private drive that in turn connects to Princess Anne Road. The driveway to the north provides ingress and egress to an established borrow pit, located at 1985 Princess Anne Road; however, the driveway from the cul-de-sac intersects with the driveway for the borrow pit within the right-of-way of Princess Anne Road. Staff is unaware of the applicant’s legal ability to use the private drive of the adjacent property owner. Public Works / Traffic Engineering staff has stated that access to and from the applicant’s site must be directly from a public street or from a shared driveway located on private property. The current configuration is not satisfactory. A condition is recommended below that all ingress and egress must be in conformance with Public Works Standards. This will be reviewed during final site plan review. On January 2, 2014, the applicant briefed the Transition Area / ITA Citizen Advisory Committee (TA / ITA CAC) with regard to the development proposal. The CAC was in support of the proposal; however that support is contingent on the following, which were included in the presentation: (1) the design of the building ‘blends’ with the design of the adjacent farm buildings, (2) the tow trucks will be parked under the two car / truck ports on the west side of the building, and (3) no more than 15 vehicles would be stored on the site at one time. The CAC also had recommendations pertaining to signage, vehicular access, general operation, landscaping, and screening, and staff has recommended conditions as part of the Use Permit to ensure the development satisfies these recommendations. For the reasons above as well as the proposal’s general consistency with the Comprehensive Plan, staff recommends approval of the Change of Zoning as proffered (proffers provided below) and the Conditional Use Permit for Bulk Storage with the conditions recommended below.

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

EVALUATION AND RECOMMENDATION

PROFFERS


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: When the Property is developed, it shall be developed substantially as shown on the exhibits entitled “EXHIBIT FOR DAVID COOPER’ PLAT OF PROPERTY TO BE USED FOR RE-ZONING AND CONDITIONAL USE”, prepared by Bonifant Land Surveys, dated 31 January 2014, and “BUILDING RENDERING FOR SANDBRIDGE TOWING” dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter “Site Plan” and “Rendering”). PROFFER 2: The freestanding monument style sign designated on the Site Plan shall be brick-based monument style sign no greater than eight feet (8’) in height. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4: Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, will be installed and maintained around the storage area as depicted on the Site Plan. Staff Comment: The applicant has proffered Category IV landscaping in conjunction with their request for a Conditional Rezoning to assist in appropriately separating and screening the potential proffered uses mentioned in Proffer 5 from surrounding uses and the public right-of-way. Category IV landscaping consists of evergreen trees branching to the ground or a combination of trees and shrubs. The intent of this category is to provide landscaping with sufficient density, mass, and height to physically and visually separate uses. Specific to the request for a Conditional Use Permit for Bulk Storage, however, Section 228 of the City Zoning Ordinance requires the installation of Category VI landscaping around a bulk storage lot. Category VI landscaping consists of a fence, decorative wall, or structural enclosure bordered by plants with a minimum height at planting of two to three feet and reaching a height of eight to ten feet at maturity. The intent of this category is to provide dense landscaping to visually and physically separate uses. Condition 4 of the Use Permit requires Category VI; therefore, while the applicant is proffering Category IV, Category VI will be required. This is not a conflict, as elements of the proffered Category IV landscaping may contribute to meeting the Category VI landscaping requirements The specifics of the screening will be determined during site plan review. PROFFER 5: Only the following uses will be permitted in the Property:

a) A Vehicle Towing Business including a Storage Yard for Temporary Placement of Vehicles; or b) Business Studios, Office and Clinics.

Staff Comment: Staff finds the additional proffered uses of Business Studios, Office, and Clinics, to be less intensive than the requested conditional use of a Bulk Storage Yard; and therefore also appropriate for the subject site.


PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. The City Attorney’s Office has reviewed the proffer agreement dated February 3, 2014 and found it to be legally sufficient and in acceptable legal form.

1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted site plan entitled “EXHIBIT FOR DAVID COOPER’ PLAT OF PROPERTY TO BE USED FOR RE-ZONING AND CONDITIONAL USE”, prepared by Bonifant Land Surveys, dated 31 January 2014, and “BUILDING RENDERING FOR SANDBRIDGE TOWING” dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning.

2. Prior to the submission of a site plan to the Development Services Center, the applicant shall meet jointly with the Department of Planning / Current Planning and the Department of Public Works / Traffic Engineering for the purpose of determining an appropriate ingress / egress point for the site that meets Public Works Standards. The ingress / egress point so determined shall be included on the development site plans submitted to the Development Services Center.

3. The applicant shall obtain the required Encroachment Agreement from Landscape Management for all proposed landscaping shown in the public right-of-way. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center.

4. Per Section 228(a) of the City Zoning Ordinance, the storage yard shall be completely enclosed, except for necessary openings for ingress and egress, by a fence not less than 6 feet in height, and Category VI landscaping; said fence shall be a maintenance-free privacy style and be 100 percent opaque.

5. Per Section 228(b) of the City Zoning Ordinance, outdoor lighting fixtures shall not be erected any higher than 14 feet.

6. The proposed 8-foot high monument-style sign shall have no more than 75 square feet of signage per face.

7. Signage located on the proposed building shall be limited to the north-facing façade and shall not exceed more than 40 square feet of area. Said signage shall be centered on the proposed parapet, and the sign shall not be internally illuminated.

8. All tow trucks shall be parked in the areas called out as “15 x 50 CARPORT” on the site plan referenced in Condition 1.

9. There shall be no more than 15 vehicles stored on the site, notwithstanding any impounded vehicles being stored under contract to the Police Department of the City of Virginia Beach.

CONDITIONS


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 or Change of Zoning 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.


AERIAL OF SITE LOCATION


PROPOSED SITE PLAN(Proffer and Condition #1)


ENLARGEMENT OF PROPOSED SITE PLAN(Proffer and Condition #1)


SITE RENDERING(Proffer and Condition #1)


ZONING HISTORY

# DATE REQUEST ACTION 1 02/14/2012

05/10/2005 02/24/2004 12/10/1991 08/27/1986 02/12/1973

Modification of Proffers Conditional Rezoning (Conditional PD-H2 Planned Unit Development District [R-30 Residential District and P-1 Preservation District] to Conditional PD-H2 Planned Unit Development District [R-30 Residential District and P-1 Preservation District]) Conditional Rezoning (AG-1 & AG-2 Agricultural to Conditional PD-H2 Planned Unit Development District [R-30 Residential District and P-1 Preservation District]) Conditional Use Permit (Borrow Pit) Rezoning (R-3 Residential to AG-1 & AG-2 Agricultural) Conditional Use Permit (Rifle Range)

Approved Approved Approved Approved Approved Approved

2 05/22/2012 Modification of Conditions Approved

1

2

3


2 06/24/2008 06/13/2006

Modification of Proffers Conditional Change of Zoning from AG-1 & AG-2 to Conditional R-5S (PD-H2), R7.5 (PD-H2), A-12 (PD-H2), and B-1A

Approved Approved

3 09/27/2005 Conditional Use Permit (Borrow Pit) Approved


DISCLOSURE STATEMENT

applicant: sandbridge towing, inc. - vbgov.com

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