STAFF PERSON:                                               Yadira Amarante

PLANNING COMMISSION:                                      September 14, 2004

BOARD OF SUPERVISORS:                                     October 6, 2004

 

SP 04-028 Snow's Rental Units

 

Applicant's Proposal: The applicant is proposing to utilize this property for outdoor storage and display on approximately 8 acres. It is anticipated that some of the 16 units proposed to be constructed on this site will be used by contractors who would store bulky materials such as pipe, wire, vehicles and other materials outside. Other units might be used to conduct businesses of a nature allowed in the LI district which may not need outdoor storage and display. The site will be developed in general accord with a concurrent final site plan being reviewed by the Site Review Committee and shown in Attachment A.

 

Petition: The petition is for approval of a special use permit, in accordance with Section 30.6.3.2.b of the Zoning Ordinance, to allow outdoor storage, display, and/or sales serving or associated with permitted uses, any portion of which would be visible from an Entrance Corridor street in a Light Industrial zoning district. This petition is requested for Tax Map 90, Parcel 35. The property is located in the Scottsville Magisterial District on the east side of Avon Street Extended, 300 feet north of Stoney Creek Drive. The property is zoned LI (Light Industrial) and EC (Entrance Corridor). The Comprehensive Plan designates this property as Industrial Service in Neighborhood 4, (See Attachment B)

 

An identical petition (SP 01-046, Attachment D) was approved by the Board of Supervisors on September 11, 2002 but the use was never established. It is staff’s understanding that as a precursor to final site plan submittal, erosion and sediment control and stormwater management plans were submitted to the County for engineering review and were very close to approval. However, before the final site plan was approved, the preliminary site plan expired and the applicant was notified that SP 01-046 was also close to expiration. Knowing that a resubmitted final site plan could not be approved before the expiration of the special use permit, the applicant is making this petition.

 

Character of the Area: The east side of Avon Street Extended is developed with a variety of industrial uses. Snow's Nursery is located adjacent and to the north of the site under review. The parcel north of the nursery was approved for the same use requested here, in 1999. Residential development, Mill Creek South, is located on the west side of Avon Street Extended opposite the site under review.

 

RECOMMENDATION:  Staff has reviewed the proposal for conformity with the Comprehensive Plan and Zoning Ordinance and recommends approval of the special use permit with conditions.

 

Planning and Zoning History:

 

2002: SP 01-046 Snow's Rental Units, the same request under consideration today, was approved by the Board of Supervisors on 9/11/02 with conditions (Attachment D). This permit expired on 9/11/04 and the applicant is requesting re-approval.

 

2002: SDP 01-074 Snows Rental Units Preliminary Site Plan was administratively approved with conditions on 9/23/02. Tentative approvals for the Final Site Plan were not granted by 9/23/03 and so the preliminary plan approval expired.

 

Comprehensive Plan: Requests for special use permits in the Development Areas are typically assessed for conformity with the Land Use Plan and the Open Space Plan.

 

The Land Use Plan shows this area as Industrial Service in Neighborhood 4. The proposed use is consistent with an Industrial Service designation which includes uses such as warehousing, light industry, research, heavy industrial uses.

 

The Open Space Plan delineates a small buffer strip along the frontage of this property to protect the Entrance Corridor and surrounding residential areas from possible industrial-type adverse affects such as noise, dust, and glare. The existing buffer strip consists mainly of pine trees which will be removed and replaced by a landscaped buffer area consisting of large, medium and small shade and screening trees.

 

Engineering Analysis: The County's Engineering staff has reviewed this request for engineering issues related to health, safety, and welfare requirements. The Engineering Department is recommending approval of the special use permit since most of their concerns can be addressed during the site plan review process.

 

Zoning Considerations: Zoning has commented that the contractors' office and equipment storage yards are allowed by right in the LI district.  This special use permit is only for the outdoor storage and display visible from Avon Street, an Entrance Corridor.

 

ARB Considerations:   The ARB is the reviewing body for this type of special use permit and had previously expressed no objections to the use with SP 01-046. During this most current review, the Design Planner for the ARB made the following comment: “No expiration date was given for the ARB action on the original request for the SP. No changes to the ARB Guidelines have occurred since then. Additional ARB review is not required at this time. The original ARB conditions recommended for the SP remain valid,” (Attachment C). ARB conditions of approval are intended to minimize the visual effect on the Entrance Corridor with additional landscaping and screening.

 

STAFF COMMENT:

 

Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be assessed as follows:

 

Will the use be of substantial detriment to adjacent property?

 

It is anticipated that the proposed use will have no negative impact on adjacent property due to the requirements of the ARB. A site plan, under review now, will have to be approved prior to the applicant making use of this special use permit. The site plan review procedure will help to insure that the adjacent properties are not substantially impacted. With approval of this special use permit, the site plan will be approved administratively.

 

Will the character of the zoning district change with this use?

 

The potential impact of the proposed use on the character of the district has been addressed by the ARB. The ARB has recommended approval subject to conditions. With the conditions recommended by the ARB, the character of the district will not be changed.

 

Will the use will be in harmony with the purpose and intent of the zoning ordinance?

 

Staff has reviewed this request for compliance with the purpose and intent of the EC district. Based on the recommendation of the ARB, this use is in harmony with the purpose and intent of the EC District.

 

Will the use be in harmony with the uses permitted by right in the district?

 

Contractors office and equipment storage yard is a use permitted by right in the underlying LI district. The proposed use will not restrict permitted uses on this or adjacent property.

 

Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?

 

No regulations in Section 5.0 apply specifically to this use.

 

Will the public health, safety and general welfare of the community be protected if the use is approved?

 

Compliance with the recommendations of the ARB and approval of a site plan will protect the public health safety and general welfare.

 

SUMMARY

 

This use is by special use permit due only to the use of outdoor storage and display within the Entrance Corridor Overlay District. This use is permitted by right in the underlying LI district. The Architectural Review Board has reviewed this request for its impact on the Avon Street Entrance Corridor. The ARB action, which is included as Attachment C, expressed no objection to the proposed use. It is staff's opinion that with the ARB's approval of a Certificate of Appropriateness, this use is consistent with the intent of the Zoning Ordinance and Comprehensive Plan.

 

RECOMMENDED ACTION

 

Staff recommends approval of SP 04-028 with the following conditions:

 

1.        The site shall be developed in general accord with the plans entitled “Snows Storage Yard” revision date of 7/23/04 by David Wyant, P.E.

2.        The height of stored items shall be limited to 8' in the front row of storage areas (the row closest to Avon Street) and in the southernmost storage area in the back row as delineated on the plan.

3.        Eight foot (8') high solid wood fencing of a design that meets ARB approval shall be used as delineated on the plan for the north and south perimeters of the front row of storage yards, the portions of fencing that connect storage yards in the front row, and the southern side of the southernmost storage yard in the back row.

4.        Chain link fence shall not be visible from the EC. Chain link fence may only be used following Design Planner confirmation that such fencing will not be visible from the Entrance Corridor.

5.        The landscape plan shall be subject to Design Planner review and approval.

 

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ATTACHMENTS:

 

A – Final Site Plan

B – Vicinity Map

C – ARB action Letter dated 5/28/02

D – BOS action letter dated 9/24/02

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