Docket Item "I" UP-15-23 Dan River Communications Outdoor Storage CITY COUNCIL PACKAGE FOR JUNE 16, 2015 Page 1 2 Application Summary 3 5 Planning Commission Draft Minutes 6 15 Staff Report: May 6, 2015 16 Site Plan 17 Aerial 18 GIS Parcel Exhibit
UP-15-23 APPLICATION SUMMARY Dan River Communications Outdoor Storage 1 LOCATION: PROPOSAL: 2946 Military Highway South A conditional use permit to operate an outside storage facility in connection with a permitted business. SUBMITTED: 3-9-15 ACCEPTED: 3-11-15 STAFF RECOMMENDATION Approval with stipulations HEARING DATE: 5-13-15 PLANNING COMMISSION RECOMMENDATION: APPROVAL with stipulations VOTE: 8-0 ATTACHMENTS Draft Minutes, Staff Report, Site Plan, Aerial, GIS Parcel Exhibit
2 UP-15-23 APPLICATION SUMMARY Dan River Communications Outdoor Storage APPLICANT: Dan River Communications, Inc. Attn: Mathew Robinson 3617 Sherwood Drive Suffolk, VA 23435 434-272-9095 mat.robinson@dan-river.com Officers: Nathian Facchina, President Mathew L. Robinson, Treasurer OWNER: Shemron Properties, LLC Attn: Majid Kouhestani 2973 S. Military Hwy, #104 Chesapeake, VA 23323 241-4024 dmkelec@yahoo.com Member: Majid Kouhestani
Chesapeake Planning Commission DRAFT May 13, 2015 Public Hearing Minutes 3 UP-15-23 PROJECT: Dan River Communications Outdoor Storage Facility APPLICANT: Dan River Communications, Inc. PROPOSAL: A conditional use permit to operate an outside storage facility in connection with a permitted business. ZONE: B-2, General Business District LOCATION: 2946 Military Highway South TAX MAP SECTION/PARCEL: 0254012000460 BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP-15-23 be APPROVED with the following stipulations: (8-0; Kish/Morris, Van Laethem excused) 1. The applicant/owner shall move the existing six-foot high chain-link fence on the front property line of the site back to be in compliance with the setback requirements of the Zoning Ordinance for fences prior to the issuance of a final Certificate of Occupancy. In addition, the applicant/owner shall install a street frontage buffer yard in accordance with the City s Landscape Ordinance. This street frontage buffer yard shall be subject to the review and approval of the Director of Development and Permits or designee and shall be installed prior to the issuance of a Certificate of Occupancy. If, through Board of Zoning Appeals action or court proceedings, the applicant/owner is permitted to keep the existing fence in its current location, the applicant/owner shall cover the entire existing six-foot high chain-link with a dark mesh liner of the same quality as those used on tennis courts. Such liner shall be reviewed and approved by the Planning Director or designee prior to it being placed on the fence. In addition, the applicant/owner shall also request an adopt-a-spot permit from the City in order to install a street frontage buffer yard between the existing fence and the street pavement. The mesh liner, in addition to the required buffer yard for street frontage, shall be installed prior to the issuance of a final Certificate of Occupancy. 2. The applicant/owner shall move the stockyard fence on the rear property line forward off of said property line to be in compliance with the Zoning Ordinance prior to issuance of a final Certificate of Occupancy. Further, the applicant/owner shall install plant materials as required by the Landscape Ordinance on the outside of the fence adjacent to the residential property lines prior to issuance of a final Certificate of Occupancy. These plants must include evergreens and shall be subject to the review and approval of the Director of Development and Permits or designee. If, through Board of Zoning
4 Chesapeake Planning Commission DRAFT May 13, 2015 Public Hearing Minutes Appeals action or court proceedings, the applicant/owner is permitted to keep the fence on the property line, the applicant/owner shall install a row of Leyland Cypress on the interior of the rear stockade fence. The amount and spacing of the Leyland Cypress shall be in accordance with the requirements of the Director of Development and Permits or designee and shall be installed prior to the issuance of a final Certificate of Occupancy. 3. The applicant/owner shall provide a landscape plan, per Chesapeake Zoning Ordinance Section 19-600, prior to or at the time of the final site plan. The landscape plan shall be subject to the inspection and approval of the Director of Development and Permits or designee prior to the issuance of a final Certificate of Occupancy. 4. The dumpster shall not be placed in the front yard and shall be completely screened from the right-of-way by a stockade fence, installed in accordance with the requirements of the Zoning Ordinance, with shrubs on three (3) sides of the structure. 5. The applicant/owner shall obtain all required permits, including fence permits for the fencing around the entire subject site, prior the issuance of a certificate of occupancy for the business. Mrs. Hanson read UP-15-23 into the record for Commission review and action. Staff Presentation: Mr. Howlett stated that based on sound planning practices, Planning staff recommended that UP-15-23 be APPROVED with the stipulations as listed in the official agenda. Proponent: Mat Robinson, Applicant, 3617 Sherwood Place, Suffolk, Virginia, appeared before the Commission on behalf of UP-15-23. COMMISSION DISCUSSION: Chairman Kish turned over the gavel to the Vice-Chair in order to discuss and make the motion for Dan River Communications Outdoor Storage Facility. Chairman Kish stated that the City had developed some minor ordinance changes to improve the character of the corridor and to make it nicer for businesses in that area. He stated that this business did not meet the 35 foot setback for a fence, or the shrubbery that was needed in front of the fence, or a 30 foot rear setback with a buffer, which was also required. He said that in the application it stated that the applicant may go before the Board of Zoning Appeals to request an exception for these items. Chairman Kish said
Chesapeake Planning Commission DRAFT May 13, 2015 Public Hearing Minutes 5 he was interested in removing the exceptions from the application and wanted to do what the City Ordinance said should be done in order to enhance the corridor. The applicant said he understood and was in the process of beautifying the business and would take the proper steps. He said the fencing and shrubbery would be done and setbacks would be met. Chairman Kish stated that he would make a motion that eliminated the exceptions and stated that the applicant would follow the existing ordinance in those areas that were addressed in the staff report. COMMISSION VOTE: Commissioner Kish moved that UP-15-23 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Morris seconded the motion. The motion was carried by a vote of 8-0. Commissioner Van Laethem was excused.
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18 Dan River Communications Outdoor Storage Facility UP-15-23 APPLICANT: Dan River Communications, Inc. PROPOSAL: A conditional use permit to operate an outside storage facility in connection with a permitted business. ZONE: B- 2, General Business District LOCATION: 2946 Military Hwy South TAX MAP SECTION/PARCEL: 0254012000460 BOROUGH: Deep Creek