applicant walmart stores, inc. 3216 agenda item lake gem

Walmart Stores, Inc. 3216 Agenda Item 6

Applicant Walmart Stores, Inc. 3216 Property Owners Lake Gem II, LLC & Walmart Real Estate Business, Etc. Public Hearing August 10, 2016

City Council Election District Princess Anne

Request Conditional Use Permit (Bulk Storage Yard) Staff Planner Jonathan Sanders Location 1149 & 1169 Nimmo Parkway GPINs 2414261130, 2414256765 Site Size 34.2 acres AICUZ 65-70 dB DNL; Sub-Area 2 Existing Land Use and Zoning District Retail Store / B-2 Community Business Surrounding Land Uses and Zoning Districts North Restaurants / B-2 Community Business South Retail / B-2 Community Business East Mixed Retail / B-2 Community Business West Newstead Drive Single-Family Dwellings / R-20 Residential

Agenda Item 6


• On December 5, 2000, a Conditional Use Permit was approved for an Automobile Service Establishment on the

site. On August 5, 2003, a Conditional Use Permit was approved for a Bulk Storage Yard to store pallets, recyclable cardboard materials, and seasonal merchandise in the parking area. A Modification to the Conditions of the Use Permit was approved on August 12, 2008.

• The applicant proposes to place storage containers on an adjacent property to the west for the purpose of storing merchandise. The number of storage containers will be limited to what can be accommodated in the designated area.

• The adjacent property, zoned B-2 Community Business District, is part of the same commercial retail center as the subject property. The applicant has reached an agreement with the owner of the adjacent parcel to allow the placement of the storage containers on that site.

• The storage containers will be placed outside of all easements existing on the property.

• The storage containers are sufficiently screened from any right-of-way by an existing, mature stand of large evergreen shrubs.

Zoning History # Request 1

MOD Approved 08/12/2008 CUP (Bulk Storage for Pallets, Recyclable Cardboard Materials and Seasonal Sales) Approved 08/05/2003 CUP (Automobile Service Establishment) Approved 12/05/2000

2 MOD Approved 05/13/2010

CUP (Seasonal Outdoor “Green” Market) Approved 05/26/2009

3 MOD (of Conditions) Approved 11/27/2007

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 Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and

Background and Summary of Proposal

Comprehensive Plan Recommendations

1 2

3


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. (Sec. 1.3, pp. 3 – 10)

The site is located within the Southern Rivers watershed. There do not appear to be any significant natural resources or cultural features associated with the site. The proposed bulk storage units are located over existing impervious surfaces.

Street Name Present Volume Present Capacity Generated Traffic

Nimmo Parkway 22,990 ADT 1 17,300 ADT 1 (LOS 4 “C”) 31,700 ADT 1 (LOS 4 “E”)

Existing Land Use 2 – 22,990 ADT Proposed Land Use 3 – 22,990 ADT

1 Average Daily Trips 2 as defined by 34.2 acres of B-2 Business zoning

3 no change anticipated with the addition of storage trailers

4 LOS = Level of Service

Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Nimmo Parkway in the vicinity of this application is considered a four-lane divided major urban arterial. The existing infrastructure currently resides in a 120-foot right-of-way. The MTP proposes a four-lane facility within a 110-foot right-of-way. There are no roadway CIP projects slated for this area.

Water and Sewer The site is already connected to both City water and sanitary sewer service.

The applicant has reached an agreement with the owner of the adjacent parcel to allow the placement of the storage containers on that site. Staff recommends conditions that requires the storage containers to be placed outside of all easements on the property and in a location that deemed acceptable by the Fire Prevention Bureau. Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened 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 submitted site survey shows no fencing surrounding the bulk storage area. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if “for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties.” Staff concludes that a deviation in this requirement will not adversely impact the adjacent properties, particularly given that the existing loading area adjacent to the area being used for storage is heavily screened by 20-foot tall mature plants along Newstead Drive. Based on the considerations above, Staff recommends approval of this request subject to the conditions below.

Natural and Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts

Evaluation and Recommendation


1. The location of the bulk storage area for the storage containers shall be limited to the area depicted on the

proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, subject to all applicable building and fire codes.

2. The storage containers shall not be stacked.

3. The storage containers shall not be placed within any easements.

4. Unless otherwise authorized by the Building Official’s Office and the Fire Prevention Bureau, the storage containers shall be located as to maintain a 20-foot wide access way for vehicular traffic flow and emergency access to the building and HVAC equipment.

5. No hazardous materials shall be stored within the storage containers.

6. Prior to use of the site for the storage, the applicant shall submit a plan to the Planning Department and the Fire Prevention Bureau showing the location of the storage containers for review and approval.

7. The storage containers shall be limited to 20 and are allowed on site from September 15 to January 15.

8. This Conditional Use Permit is only valid for two years from the date of its approval by the City Council.

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.

Recommended Conditions


Proposed Site Layout


Site Photos


Disclosure Statement

applicant walmart stores, inc. 3216 agenda item lake gem

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