19 October 14, 2015 Public Hearing

APPLICANT:

BAYSIDE CONCRETE, INC.

PROPERTY OWNER:

BRUCE H. GOULD

STAFF PLANNER: Kevin Kemp

REQUEST: Conditional Use Permit (Bulk Storage Yard) ADDRESS / DESCRIPTION: 408 Davis Street GPIN: 14674856700000

ELECTION DISTRICT: KEMPSVILLE

SITE SIZE: 0.938 acres

AICUZ: Less than 65 dB DNL

Background City records indicate that the existing residential home on the property was constructed in 1959. When the home was built, this portion of Davis Street was zoned for single-family residential use. On October 14, 1968, the City of Virginia Beach changed the zoning along this portion of Davis Street from residential to commercial (B-2) zoning. Gradually over the past 47 years, sites have redeveloped with commercial and light industrial uses, however; a number of nonconforming residences still exist. The subject property has been continuously used as a single-family dwelling since 1959. A bulk storage yard has been operating on the rear portion of the property for several years. The applicant was recently notified of the requirement to obtain a Conditional Use Permit in order to continue to store materials related to their contractor’s business. Details The residential home on the front portion of the lot is not included in this request and will not be changed. Eventually the residential structure is expected to be removed when the property transitions to a commercial use.

BACKGROUND / DETAILS OF PROPOSAL

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Access to the bulk storage yard is via a gravel driveway along the northern edge of the property. There is an existing chain-link gate with fabric covering which will be replaced with a gate constructed using solid fencing material. The existing chain-link fence surrounding the storage yard is requested to remain. A deviation to the requirement for solid fencing surrounding a bulk storage yard is sought with this request. The barb-wire along the rear (eastern) property line will be removed. A row of evergreen trees will be installed along the inside edge of the fence in order to provide screening from the adjacent apartment complex. The surface of the storage yard is crushed gravel. There is an existing 732 square foot shed on the property that will remain.

EXISTING LAND USE: Single-family dwelling and bulk storage yard SURROUNDING LAND USE AND ZONING:

North: • Office warehouse use / B-2 Community Business District South: • Office warehouse use / B-2 Community Business District East: • Multi-family dwellings / A-18 Apartment District

West: • Davis Street • Commercial use / B-2 Community Business District

NATURAL RESOURCE AND CULTURAL FEATURES:

A majority of the site is developed with a one-story structure and crushed gravel surface. The site is located within the Chesapeake Bay watershed. There do not appear to be any significant cultural or environmental features associated with the site.

COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of stable neighborhoods while reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3-2).

LAND USE AND COMPREHENSIVE PLAN

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MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Davis is considered a two-lane undivided minor collector / local street. The MTP does not propose any improvements within the existing right-of-way. No roadway CIP projects are slated for this area. Virginia Beach Boulevard, in the vicinity of this site, is an eight-lane major urban arterial with a 140-foot right-of-way. The MTP calls for an eight-lane major arterial with an ultimate right-of-way width of 155-feet. There are currently no CIP projects scheduled for Virginia Beach Boulevard in the vicinity of this site. TRAFFIC:

Street Name Present Volume Present Capacity Generated Traffic

Davis Street 4,508 ADT 1 9,900 ADT 1 (LOS 3 “D”) Existing Land Use 2 – 30 ADT No change anticipated with this

request. Virginia Beach Boulevard 36,403 ADT 1 56,240 ADT 1 (LOS 3 “D”)

1 Average Daily Trips 2 as defined by one single-family dwelling with a large storage yard

3 LOS = Level of Service WATER: The site currently connects to City water. There is an existing six-inch City water main along Davis Street. The existing 5/8-inch meter (City ID #95031134) may be used or upgraded to accommodate the proposed development. SEWER: The site currently connects to City sewer. There is an existing ten-inch City sanitary sewer gravity main along Davis Street. Analysis of the receiving sewer system may be required to determine if future flows can be accommodated.

Davis Street, in a large part due to the change of zoning to commercial in 1968, is a unique mix of commercial, light industrial, and residential uses. As the properties on this street transition from residential to non-residential uses, it is important for the development to enhance the built environment and to protect the quality of life of the residents. The proposed Conditional Use Permit for a bulk storage yard will legitimize a use that has existed on the property for many years and, provided additional measures are taken to improve the aesthetics, is consistent with the Comprehensive Plan’s land use policies for the Suburban Area.

IMPACT ON CITY SERVICES

EVALUATION AND RECOMMENDATION

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Section 228 of the Zoning Ordinance requires that a bulk storage yard be entirely surrounded by a fence not less than six-feet in height, with evergreen landscape material. The applicant desires to retain a majority of the existing chain-link fence, and wishes to address the deficiency in the screening requirements through Section 221 (i) of the Zoning Ordinance, which allows City Council to deviate from the required landscaping if it is shown there will be no detrimental effects on the surrounding properties. The applicant has worked with Staff and has agreed to remove the barb-wire fencing and install a row of evergreen trees along the rear (eastern) property line. Additionally, the applicant will replace the entry gate with a gate constructed using solid fence materials. Staff concludes that allowing most of the fence to remain as it has for many years, including the improvements noted above, will not adversely impact the adjacent properties, both of which are commercial uses. Staff believes that the site improvements proposed with this request will be upgrades to Davis Street as it continues to transition from residential to commercial uses. This Conditional Use Permit will legitimize a use that has existed on the property for many years, and is compatible with the surrounding properties. Based on the considerations above, Staff recommends approval of this request with the conditions below.

1. A solid row of evergreen trees shall be installed on the interior side of the existing chain-link

fence located along the eastern property line, as shown on the site plan entitled, “SITE PLAN FOR BAYSIDE CONCRETE, 408 DAVIS STREET.” The plant material shall be no less than six (6) feet in height at the time of planting. Species shall be approved prior to installation by the Development Service Center Landscape Architect.

2. All barbed wire fencing shall be removed from the fence along the eastern property line.

3. The chain-link entry gate located on the northeastern portion of the site shall be replaced with a gate constructed of solid fence materials. No barbed-wire shall be permitted on the gate.

4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from the adjoining property. Any outdoor lighting fixture shall not be erected higher than fourteen (14) feet from the ground.

5. No outdoor loud speaker system shall be permitted. 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.

CONDITIONS

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AERIAL OF SITE LOCATION BAYSIDE CONCRETE, INC. Agenda Item 19 Page 5

SITE SURVEY EXISTING CONDITIONS

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PROPOSED SITE LAYOUT BAYSIDE CONCRETE, INC. Agenda Item 19 Page 7

EXISTING SINGLE-FAMILY DWELLING BAYSIDE CONCRETE, INC. Agenda Item 19 Page 8

# DATE REQUEST ACTION 1 08/04/2015 CUP (automobile repair establishment) Approved 2 01/24/2012 MOD (religious use) Approved 04/12/2011 CUP (religious use) Approved 3 02/26/2008 CUP (automobile service station) Approved 4 12/09/2003 NON Approved 5 03/27/2001 CUP (bulk storage yard) Approved 6 05/09/2000 CUP (religious use) Approved 7 08/27/1996 CUP (bulk storage use) Approved 04/26/1994 CUP (motor vehicle sales) Approved

ZONING HISTORY

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DISCLOSURE STATEMENT

10/05/2015-KK

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