AGENDA DATE: 7/8/2015
TITLE:
Title
SP201400019 Virginia Asphalt Services, Inc.
BODY
SUBJECT/PROPOSAL/REQUEST: Resolution approving a Special Use Permit for outdoor storage in the Entrance Corridor under County Code § 18-30.6.3.a(2), and Resolution approving a Special Exception to modify County Code § 18-5.1.52 to allow landscape screening in place of a solid wall or fence
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Foley, Walker, Kamptner, Benish, Maliszewski
PRESENTER (S): Margaret Maliszewski
LEGAL REVIEW: Yes
REVIEWED BY: Choose an item.
BACKGROUND: At its meeting on May 19, 2015, the Planning Commission voted 6:0 to recommend approval of a special use permit to allow the outdoor storage of equipment used in the Applicant’s asphalt paving business (SP201400019) with the conditions recommended by staff. The Planning Commission’s Action Letter, Staff Report and Minutes from the May 19 meeting are attached (Attachments A-C).
In addition to the request for the special use permit, the Applicant has requested a special exception to modify a requirement of County Code § 18-5.1.52 to allow landscape screening in place of a solid wall or fence for the proposed outdoor storage area. This special exception requires Board action pursuant to County Code § 18-33.5, but did not require Planning Commission action. The attached staff report prepared for the Planning Commission includes some details of the special exception request (Attachment A, pgs. 3,4).
DISCUSSION: The Applicant requested a special exception to modify County Code § 18-5.1.52, Outdoor Storage in Industrial Districts, which states, in part: “Except as otherwise expressly permitted for a particular use, the outdoor storage of parts, materials and equipment in an industrial district shall be subject to the following: a. Storage areas shall be screened by a solid wall or fence, including solid entrance and exit gates, not less than seven (7) feet nor more than ten (10) feet in height.”
This provision requires that the storage area be screened on all sides by a solid wall or fence. However, during its review of the special permit request, the Architectural Review Board (“ARB”) determined that using a wall or fence to screen the stored equipment from the Entrance Corridor (“EC”) was not practical due to the topography of the site. The storage area is approximately 10 feet below the elevation of Avon Street Extended. An effective screening fence would have to be so tall to accomplish effective screening that its height would result in an inappropriate appearance for the EC. The ARB established conditions of approval for appropriate landscaping to accomplish a sufficient level of screening from the EC, including angled views from the EC street into the property. This landscaping would also accomplish screening of the storage area from the immediately adjacent properties to the north and south.
The proposed storage area would be visible from the Willoughby neighborhood, located across Moore’s Creek to the west of the subject parcel, particularly during the winter months when the leaves are off the trees. (The ARB does not have jurisdiction over views other than those from the EC, so the ARB has not considered the view of the storage area from Willoughby.) A solid fence could accomplish the required screening in this location, but the fence would need to exceed the 10 foot height limit in order to screen the 12 foot tall equipment, and the fence would be very noticeable in the landscape. A staggered row of evergreen trees would appear more coordinated with other on-site screening and with the character of the creekside. At the community meeting held on April 20, 2015 for this proposal, Willoughby residents in attendance stated a preference for the evergreen screening over a solid fence or wall.
County Code § 18-8.5.1 allows the modification of County Code § 18-4.1.52 requirements upon considering whether: (1) the requirement would not forward the purposes of the Zoning Ordinance or otherwise serve the public health, safety, or welfare; or (2) the modification would satisfy the purposes of the Zoning Ordinance to at least an equivalent degree as the specified requirement. Staff opinion is that the requested modification would satisfy the purposes of the Zoning Ordinance to at least an equivalent degree as the specified requirement.
BUDGET IMPACT: There is no budget impact related to this request.
RECOMMENDATION:
Recommendation
Staff recommends that the Board adopt the attached Resolution (Attachment D) approving the special use permit to allow the outdoor storage of equipment used in the Applicant’s asphalt paving business, with conditions. Staff also recommends that the Board adopt the attached Resolution (Attachment E) approving the special exception to modify County Code § 18-5.1.52 to allow a landscape screening in place of a wall or fence, with one condition.
ATTACHMENTS:
A - Planning Commission action letter
B - Planning Commission staff report
C - Planning Commission minutes
D - Resolution approving the Special Use Permit
E - Resolution approving the Special Exception