beach lawn and garden, inc. george leitz

D1
December 10, 2014 Public
Hearing
APPLICANT:
BEACH LAWN
AND GARDEN,
INC.
PROPERTY OWNER:
GEORGE LEITZ
STAFF PLANNER: Kevin Kemp
REQUEST:
Conditional Use Permit for a Bulk Storage Yard
ADDRESS / DESCRIPTION: 1760 Independence Boulevard
GPIN:
14792400820000
ELECTION DISTRICT:
BAYSIDE
SITE SIZE:
44,412 square feet
AICUZ:
Less than 65 dB DNL
APPLICATION HISTORY: This application was deferred by the Planning Commission on November 12
to provide time for the applicant and Staff to consider alternative screening methods for the storage yard.
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit to allow a bulk storage yard within a fenced area at the
rear of the site. The 1.02 acre site is zoned B-2 Community Business, and contains a barber shop, air
conditioning repair establishment, tattoo parlor and a small engine repair facility. Other uses along
Independence Boulevard in the vicinity of this application include various commercial and office uses as
well as engine repair facilities.
The bulk storage yard is located to the rear of the building. The applicant uses a portion of the space to
store lawn mowers and lawn equipment awaiting repair. The other tenants use the remaining space,
predominately to store commercial equipment. The crushed gravel ground cover will remain. The bulk
storage yard is enclosed with a six (6) foot in height chain link fence with one (1) foot of barbed wire on
top. The fencing along the north and east sides of the storage area are located on the adjacent
properties, and will remain. Category IV landscaping, consisting of evergreen trees, eight (8) to ten (10)
feet at maturity, will be installed along the outside of the western fence line. The main gated entrance to
the storage yard along the western fence will not be changed. A new gate will be installed, using solid
fencing material, to the east of the building.
BEACH LAWN AND GARDEN, INC.
Agenda Item D1
Page 1
The applicant purchased the small engine repair business in 2001; however, they indicate that the
property has been used in this capacity since approximately 1990. The hours of operation are Monday
through Friday, 8:00 a.m. to 5:00 p.m., and Saturday, 8:00 a.m. to 1:00 p.m. The business employs
seven (7) people.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Commercial strip center
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:






U.S. Post Office / B-2 Community Business District
Independence Boulevard
Commercial Use / B-2 Community Business District
Automobile Repair Facility / B-2 Community Business
District
Lawson Road
Cellular Tower / B-2 Community Business District
A majority of the site is developed with a commercial building,
paved parking surface and gravel storage yard. The site is located
in the Chesapeake Bay Watershed. There do not appear to be any
significant cultural features associated with the site.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban
Area. The general planning principles for the Suburban Area focus on preserving and protecting the
overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning
principles have been established in the Comprehensive Plan to promote this stability: preserve
neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve
neighborhood quality the Plan promotes compatible infill development and conditions on places of
special care and home occupations. Achieving these goals requires that all land use activities, such as
home occupations, 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)
IMPACT ON CITY SERVICES
BEACH LAWN AND GARDEN, INC.
Agenda Item D1
Page 2
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
Independence Boulevard in the vicinity of this application is considered a four-lane divided major urban
arterial. The Master Transportation Plan proposes a six-lane facility within a 150 foot right-of-way.
Currently, this segment of roadway is functioning over capacity at a Level of Service F.
No roadway Capital Improvement Program projects are slated for this area.
TRAFFIC:
Street Name
Independence
Boulevard
Present
Volume
40,756 ADT 1
Present Capacity
Generated Traffic
17,300 ADT 1 (Level of
Service “C”)
27,300 ADT 1 (Level of
Service “D”)
31,700 ADT 1 (Level of
Service “E”)
Existing Land Use 2
40 ADT
Proposed Land Use 2
40 ADT
1
2
Average Daily Trips
as defined by lawnmower repair and sales- 2,528 square feet
WATER: This site currently connects to City water. There is an existing 8-inch City water main along
Independence Boulevard and 8-inch City water main along Lawson Road. The existing 5/8-inch water
meter (City ID #95103714) can be used or upgraded to accommodate this site.
SEWER: The site currently connects to City sewer, which discharges at Pump Station #307. There is an
existing 6-inch City force main along Independence Boulevard, an existing 36-inch HRSD force main
along Independence Boulevard, an 8-inch City gravity sewer main along Lawson Road, and a 36-inch
HRSD force main along Lawson Road.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request for a bulk storage yard. The property has been used in this
capacity for many years, and no changes to the use are proposed with this application. The use is
consistent with the Comprehensive Plan’s land use policies for the Suburban Area, and with the character
of the surrounding area. The bulk storage yard is not visible from Independence Boulevard, and is
adjacent to a dead-end right-of-way to the west (Lawson Road), a postal distribution center to the north,
and an engine repair facility to the east. As such, this use is not expected to have any adverse effects on
the adjacent properties.
Section 228 of the City Zoning Ordinance requires that a bulk storage yard be completely enclosed by a
solid fence, not less than six feet in height, with Category IV landscaping planted around the exterior of
the fence. The fencing along the north and east of the bulk storage yard are on the adjacent properties,
and therefore cannot be used to meet the landscaping requirement. The applicant is requesting that the
deficiency in required landscaping be addressed through the provision of Section 221 (i) of the Zoning
Ordinance, which states that City Council may allow a deviation from this requirement “for good cause
shown upon a finding that there will be no significant detrimental effects on surrounding properties.”
BEACH LAWN AND GARDEN, INC.
Agenda Item D1
Page 3
Reasonable deviations from the following requirements applicable to the proposed development are
allowed:
(1)
(2)
(3)
(4)
Required setbacks;
Required landscaping;
Height restrictions, except as provided in Section 202 (b); and
Minimum lot area requirements.
Staff concludes that allowing the existing fence to remain as it has for many years will not adversely
impact the adjacent properties. Should the owners of the adjacent properties remove the fencing to the
north and/or east of the storage yard, the applicant or owner of the subject property will be required to
provide new fencing that meets the requirements of Section 228 of the Zoning Ordinance. The applicant
has worked with Staff to provide a reasonable alternative, and has agreed to install Category IV
landscape screening along the outside of the western fence line. Condition 4 is recommended to address
this issue. A new gate on the east side of the building will provide adequate screening from Independence
Boulevard.
Based on the considerations above, staff recommends approval of this request with the conditions below.
CONDITIONS
1. With the exception of any modifications required by any of these conditions, the site shall be
developed and maintained substantially in conformance with the submitted site plan entitled
“PARKING PLAN FOR 1760-1776 INDEPENDENCE BLVD.”, dated March 25, 2014 and
prepared by Robyn J. Thomas.
2. Category IV landscape screening shall be installed at the exterior of the fence at the west side of
the bulk storage area, as shown on the site plan identified by staff as “LANDSCAPE AND
IMPROVEMENTS PLAN”. The landscaping shall consist of evergreen trees, five to six feet in
height at the time of planting.
3. A gate shall be installed to the east of building, as shown on the site plan, identified by staff as
“LANDSCAPE AND IMPROVEMENTS PLAN”. The gate shall be constructed of a solid material,
not less than 6 feet in height.
4. Should the fencing located on the adjacent parcels to the north and/or east be removed, the
applicant or owner of the subject property shall be required to install new fencing. The new
fencing shall be not less than six (6) feet in height, and Category VI landscaping, as per Section
228 of the Zoning Ordinance.
BEACH LAWN AND GARDEN, INC.
Agenda Item D1
Page 4
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.
BEACH LAWN AND GARDEN, INC.
Agenda Item D1
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AERIAL OF SITE LOCATION
BEACH LAWN AND GARDEN, INC.
Agenda Item D1
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EXISTING SITE CONDITIONS
BEACH LAWN AND GARDEN, INC.
Agenda Item D1
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PROPOSED SITE LAYOUT
BEACH LAWN AND GARDEN, INC.
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7
4
9
10
1
2
6
8
3
5
ZONING HISTORY
#
1
2
3
4
5
6
7
8
9
10
DATE
08/19/2014
08/26/2008
03/11/2008
10/02/2001
01/08/2002
06/09/1988
03/23/1999
09/13/1994
08/22/1995
05/23/1993
06/25/1984
04/23/1984
10/10/1983
REQUEST
Use Permit (Tattoo Parlor)
Use Permit (Motor Vehicle Sales & Service)
Use Permit (Religious Use)
Use Permit (Religious Use)
Modification to Use Permit (Cellular Tower)
Use Permit (Cellular Tower)
Use Permit (Carwash)
Use Permit (Automobile Repair)
Use Permit (Automobile Repair)
Use Permit (Automobile Repair)
Use Permit (Small Engine Repair)
Use Permit (Small Engine Repair)
Use Permit (Small Engine Repair)
ACTION
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
BEACH LAWN AND GARDEN, INC.
Agenda Item D1
Page 9
DISCLOSURE STATEMENT
BEACH LAWN AND GARDEN, INC.
Agenda Item D1
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DISCLOSURE STATEMENT
BEACH LAWN AND GARDEN, INC.
Agenda Item D1
Page 11