Applicant & Property Owner Birdneck Storage 2, LLC Public Hearing April 13, 2016

City Council Election District Beach

Request Conditional Rezoning (R-10 Residential to Conditional I-1 Light Industrial) Staff Planner Jimmy McNamara Location 1044, 1054, and 1052 Bells Road GPINs 24165811100000, 24165821400000, 24165719650000 Site Size 1.935 acres AICUZ Greater than 75 dB DNL; APZ 2 Existing Land Use and Zoning District Single-family dwellings / R-10 Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-10 Residential South Bells Road Wooded / R-10 Residential East Industrial warehouse / Conditional I-1 Light Industrial West Single-family dwellings, vacant building, industrial warehouse / R-10 Residential, B-2 Community Business, Conditional I-1 Light Industrial

Agenda Item 6

Birdneck Storage 2, LLC Agenda Item 6

Page 1

• The applicant requests to consolidate and rezone three parcels, currently zoned R-10 Residential District to I-1

Light Industrial District with the intention of developing the site with a self-storage facility.

• The three single-family dwellings on the property will be removed.

• The site is located within the Greater than 75 dB DNL noise zone, as well as the Accident Potential Zone (APZ) 2. The existing residential dwellings are an incompatible use as identified in the Land Use Compatibility Table in Article 18, AICUZ, of the Zoning Ordinance. There is a Navy Restrictive Easement that limits the uses allowed on the property to those compatible with airport operations.

• Four single-story, self-storage buildings are proposed to be constructed on the site totaling approximately

28,500 square feet. The buildings will be constructed with a tan, split-face, CMU block; dark brown steel rake trim; and, a galvanized standing-seam roof.

• As the applicant already has an office in his existing facility on Birdneck Road, no office space or employees are proposed to be located on the site. Access to the site will be gated and restricted to “Pass Code” entry only. The proposed hours of operation are from 7:00 a.m. to 9:00 p.m. Access will not be permitted between the hours of 9:00 p.m. to 7:00 a.m.

• The northern and western property lines, as well as a portion of the eastern property line adjoin residential zoning districts. Section 1003 of the Zoning Ordinance requires a minimum 25-foot buffer, planted with Category II landscape material along any lot line where an industrial district adjoins a residential district. As required, the proposed proffered concept plan depicts the required 25-foot landscape buffer, planted with Cedar trees planted 15-feet on-center. In addition, a seven-foot high, solid, wood fence is proposed adjacent to the residentially zoned lots to provide additional screening.

• Section 1004 of the Zoning Ordinance sets a maximum building height of 35 feet for buildings in I-1 districts within 100 feet of an adjoining residential district. The proposed proffered elevation depicts single-story buildings with a maximum height of 13.66 feet, thereby meeting this requirement.

• The application states that all proposed lighting on the property will be shielded and directed downward to limit the amount of light overspill outside the property’s boundary.

Background and Summary of Proposal

Birdneck Storage 2, LLC Agenda Item 6

Page 2

Zoning History # Request 1 SVR Approved 04/11/2000 2 CRZ (B-2 and R-10 to Conditional I-1) Approved

07/13/2004 3 CRZ (R-10 to Conditional I-1) Approved 10/12/2006 4 CUP (Communication Tower) Approved 12/11/2001

Application Types 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

The subject property is located in the Seatack neighborhood in the City’s Suburban Area/Suburban Focus Area (SFA) 4-Virginia Aquarium & Owls Creek Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and 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 through 3-3). The Virginia Aquarium and Owl’s Creek Area Master Plan designates this area along Bells Road east of Birdneck Road and areas to the north of it as “existing residential” (p.3).

The site is located in the Owls Creek Watershed. There do not appear to be any significant natural or cultural features associated with the site.

Street Name Present Volume Present Capacity Generated Traffic

Bells Road 142 ADT 1 6,200 ADT 1 (LOS 4 “C”)

11,100 ADT 1 (LOS 4 “E”) Existing Land Use 2 – 30 ADT

Proposed Land Use 3 - 148 ADT 1 Average Daily Trips 2 as defined by 3 single-

family homes 3 as defined by 1.935 acres of I-1 Industrial District

4 LOS = Level of Service

Right-of-way improvements will be required with the development of this site. Improvements include, but are not limited to, pavement widening, curb & gutter, drainage, and street lighting.

Comprehensive Plan Recommendations

Natural and Cultural Resources Impacts

Traffic Impacts

1 2

3

4

Birdneck Storage 2, LLC Agenda Item 6

Page 3

Water There is an existing 10-inch City water line in Bells Road. These sites currently connect to City water. The three existing 5/8-inch meters (City ID #s 95141251, 95057642 and 95140915) can be used or upgraded to accommodate the proposed development. Sewer There is an existing eight-inch City gravity sanitary sewer main in Bells Road. The sites currently connect to City sewer.

The proposed Conditional Change of Zoning request of the three parcels from R-10 Residential District to Conditional I-I Light Industrial District, for the purpose of developing the site as a self-storage facility, in Staff’s opinion is consistent with the land use policies and Zoning Ordinance requirements for the APZ-2 and the greater than 75 dB DNL high noise zone. This site poses a challenge to blend the uses allowed under the Navy’s restrictive easements and Article 1800 of the City’s Zoning Ordinance with uses that are sensitive to the existing residential dwellings in the vicinity. Due to the City’s desire to retain NAS Oceana, in recent years, this area has been transitioning away from residential uses as parcels are redeveloped with uses more compatible with the operations at NAS Oceana. In Staff’s opinion, low-impact, low-intensity uses such as the proposed self-storage facility are appropriate adjacent to residential uses, provided sufficient protections are in place. Careful consideration must be given the impact of such facilities on existing residential properties. Factors such as perimeter landscaping, site lighting, building scale, architectural quality, and potential noise generation must be examined to ensure compatibility with the surrounding uses residences to protect the existing neighborhood from potential intrusive impacts. As a result, the applicant will add an additional proffer to ensure that all activity on the site be limited to the storage of goods, and that uses such as offices, band rehearsals, residential dwellings, repairs, or any other purpose not consistent with the storage of goods will be prohibited. This amendment will be added to the proffer agreement prior to the City Council hearing. To further strengthen the request and provide additional screening of this use to the adjacent residences in the short term, Staff requested that additional planting material be added to the northern and eastern property line adjacent to the existing single-family residences, beyond the minimum requirements of Category II landscaping. The applicant declined to add this plant material as technically, as depicted, the project meets the minimum screening buffer set forth in the Zoning Ordinance and is consistent with the screening that was provided by the adjacent property that was conditionally rezoned to I-1 Light Industrial on September 12, 2006. It is Staff’s view that this request to rezone the site and develop it with a self-storage facility is appropriate at this location, particularly in regards to compatibility with the restrictive Navy easement on the site. The addition of the proposed proffer mentioned above, limiting use of the facility to self-storage purposes only will further ensure compatibility with the existing neighborhood. Therefore, Staff recommends approval of the request subject to the considerations above and the proposed proffers below.

Public Utility Impacts

Evaluation and Recommendation

Birdneck Storage 2, LLC Agenda Item 6

Page 4

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 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, the vehicular access, parking, landscaping, building locations and setbacks shall be substantially as depicted on the exhibit entitled, “REZONING EXHIBIT BIRDNECK STORAGE 2, LLC, Virginia Beach, Virginia,” dated January 28, 2016, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter “Concept Plan”). PROFFER 2: When the Property is developed, the mini storage buildings depicted on the Concept Plan shall have the architectural design, appearance, height and exterior building materials substantially as depicted and described on the three (3) exhibit labeled “TYPICAL SOUTH ELEVATIONS OF TWO BUILDINGS FACING BELLS ROAD”; “TYPICAL EAST ELEVATION FOR BUILDING ALONG EAST PROPERTY LINE” and “TYPICAL DRIVE AISLE ELEVATIONS FOR ALL BUILDINGS”, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the “Elevations”). PROFFER 3: When the Property is developed, the freestanding sign depicted on the Concept Plan shall be an externally lit, monument style sign not exceeding eight feet (8’) in total height, which will be constructed using materials of a color and quality that is substantially similar and compatible with that used on the exterior of the buildings developed on the Property. An elevation depicting and describing the monument style sign shall be submitted to the Planning Director for approval prior to issuance of a permit for its construction or installation. A permit shall be obtained from the Planning Department, Zoning Division, for any signage located on the Property. PROFFER 4: When the Property is developed, access will be gated and restricted to “Pass Code” entry only between the hours of 7:00 AM and 9:00 PM, with no access permitted between 9:00 PM and 7:00 AM. PROFFER 5: When the Property is developed, a photometric (i.e. lighting) plan shall be submitted for review and approval with the Site Plan to confirm that all lighting will be shielded and directed downward to limit the amount of light overspill outside the property boundary. PROFFER 6: When the Property is developed, a detailed landscape plan shall be submitted for review and approval with the Site Plan which is reflective of the plantings depicted on the Concept Plan. PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The provide assurance that the development of the property as a self-storage facility as depicted on the site concept plan, that the building will be constructed with the materials and at the heights noted on the submitted elevations, that the lighting generated by the site will not negatively

Proposed Proffers

Birdneck Storage 2, LLC Agenda Item 6

Page 5

impact adjacent properties and that the landscaping provided will provide sufficient screening between industrial and residential uses. 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.

Birdneck Storage 2, LLC Agenda Item 6

Page 6

Proposed Site Layout

Birdneck Storage 2, LLC Agenda Item 6

Page 7

Proposed Elevations

Birdneck Storage 2, LLC Agenda Item 6

Page 8

Proposed Elevations

Birdneck Storage 2, LLC Agenda Item 6

Page 9

View from Bells Road

Rear property line

Property looking west

Site Photos

Birdneck Storage 2, LLC Agenda Item 6

Page 10

Northeastern Property Line

Proposed Category II Landscaping to be Similar to Screening on Adjacent Property

Northern Property Line with Drainage Ditch

Proposed Category II Landscaping to be Similar to Screening on Adjacent Property

Site Photos

Birdneck Storage 2, LLC Agenda Item 6

Page 11

Disclosure Statement

Birdneck Storage 2, LLC

Birdneck Storage 2, LLC Agenda Item 6

Page 12

Disclosure Statement

Birdneck Storage 2, LLC Agenda Item 6

Page 13

Disclosure Statement

Birdneck Storage 2, LLC Agenda Item 6

Page 14

Disclosure Statement

Birdneck Storage 2, LLC Agenda Item 6

Page 15

Disclosure Statement

Birdneck Storage 2, LLC Agenda Item 6

Page 16