PLN-USE-2021-008 Pelfrey Tow Yard - City of Chesapeake ...
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Docket Item "C" PLN-USE-2021-008
Pelfrey Tow Yard
CITY COUNCIL PACKAGE FOR
AUGUST 17, 2021
Page Executive Summary
1–2 Application Summary
3–4 Planning Commission Draft July Minutes
5 – 16 Staff Report: June 24, 2021
15 Site Plan
16 Aerial
17 GIS Exhibit
City of Chesapeake
Department of Planning
Post Office Box 15225
Chesapeake, VA 23328
(757) 382-6176
www.cityofchesapeake.net/planning
CITY COUNCIL EXECUTIVE SUMMARY AND UPDATE
PLN-USE-2021-008
Pelfrey Tow Yard
VICINITY MAP
Project Proposal: A conditional use permit to allow an automobile tow yard on a 2.2
acre parcel and an alternative parking surface.
Tax Map ID: 0240-000-001-080 Existing Zoning: M-1, Light Industrial
District
Property Address / Planning Area: Existing 2035 Land Use Plan
924 Cavalier Boulevard / Camelot Designation: Light Industrial / Logistics
Applicant: Tidewater Express Inc. Executive Summary and Update Date:
July 15, 2021
Property Owner: Michael L. Pelfrey Project Planner: Bill McKay, AICP, Senior
Planner
The applicant seeks approval of a conditional use permit to allow an automobile tow yard on a 2.2 acre parcel with an alternative parking surface. The property is located in Cavalier Industrial Park at 924 Cavalier Boulevard and is occupied by Tidewater Express Inc., an automobile and truck repair facility. The property is between Cavalier Boulevard and the I-64 eastbound on-ramp from Military Highway. The tow yard will have five (5) employees, an average of three (3) customers per day, and the hours of operation will be 8:00 am to 5:00 pm, Monday through Friday. The tow yard would be located behind the existing building and will be enclosed with an eight (8) foot chain link fence with an opaque covering. The tow yard operation will involve the towing of motor vehicles for law enforcement agencies and the general public. Vehicles will be stored for repair, pick-up, or removal to a final location, and inoperable vehicles will not be stored on-site indefinitely. The existing surface of the tow yard is compacted gravel, however, paved improvements will be made to the area in front of the building for customer parking, including handicap accessible spaces. There will be a concrete surface in front of the repair bay doors and concrete extending for seventy-eight (78) feet into the site from the two entrances on Cavalier Boulevard. Landscaping will be installed next to the gates on both sides of the building and a ten (10) foot landscape buffer yard will also be installed along Cavalier Boulevard. The request was heard at the July 14, 2021, Planning Commission Public Hearing where it was recommended for approval. The applicant was present to answer question from the Commissioners. The Commission discussion included questions of staff regarding the concrete aprons and pavement, and BMP protection for water quality from leaking fluids. There were no speakers in opposition to the project. The Planning Commission voted unanimously to recommend approval of the request. Staff is not aware of any updates since Planning Commission and recommends approval of this request as it is currently presented. PREVIOUS STAFF REPORTS AND UPDATES: Version dated June 24, 2021 PLN-USE-2021-008 Pelfrey Tow Yard Page 2 of 2
1
APPLICATION SUMMARY
PLN-USE-2021-008 Pelfrey Tow Yard
PLN-USE-2021-008 Pelfrey Tow Yard APPLICANT: Tidewater Express Inc. OWNER:
Michael L. Pelfrey PROPOSAL: A conditional use permit to allow an automobile tow yard
on a 2.2 acre parcel and an alternative parking surface. ZONE: M-1, Light Industrial
District LOCATION: 924 Cavalier Boulevard TAX MAP SECTION/PARCEL:
0240000001080 PLANNING AREA: Camelot
SUBMITTED: 03-05-2021 ACCEPTED: 04-14-2021
STAFF RECOMMENDATION
Approval with the alternative parking surface and stipulations:
1. A backflow preventer is to be installed on all water systems before any takeoffs
are made and in accordance with the manufacturer's recommendations, the
International Plumbing Code requirements, and Department of Public Utilities
policy. The backflow preventer must meet National Standard NSF 61 (lead free).
The backflow preventer is to be installed, tested by a DPOR certified technician,
and documentation received by Public Utilities within 90 days of the date
of approval of this conditional use permit, or prior to the initiation of this
conditional use, whichever occurs first.
2. The applicant/owner shall drain all fluids from any leaking tank(s) or reservoir(s)
of any damaged vehicles, so as to prevent further leakage, prior to bringing
them to the site. The applicant/owner shall also ensure that oil absorbent mats
and chemicals are kept on the site, along with a Spill Prevention and Response
Plan outlining their proper and effective use.
3. The applicant/owner agrees to install a Knox Box system lock approved by the Fire
Chief, or designee, which will allow entry by emergency service providers and their
equipment on the twelve foot wide locked gate prior to initiation of the use and shall
be maintained for the duration of the use.
4. The applicant/owner agrees that the alternative parking surface shall only
be allowed for the employee parking along the northern property line and the tow
yard. Customer parking, including required handicap accessible spaces, shall be
paved as shown on the Preliminary Site Plan, Revised June 14, 2021, prior to
issuance of a certificate of occupancy for this use.
5. The landscaping, buffer yard, opaque fencing and paving improvements shown on
the Preliminary Site Plan, Revised June 14, 2021, shall be installed prior to
issuance of a certificate of occupancy for this use.
2
APPLICATION SUMMARY
PLN-USE-2021-008 Pelfrey Tow Yard
PLANNING COMMISSION
HEARING DATE: 07-14-2021
RECOMMENDATION: APPROVAL with the alternative parking surface
and stipulations
VOTE: 7–0
APPLICANT/OWNER: Michael l Pelfrey
Tidewater Express Inc
186 Blue Water Rd PO Box 237
Wake, VA 23176
(757) 915-7546
mptei1@icloud.com
3
Chesapeake Planning Commission
DRAFT July 14, 2021 Public Hearing Minutes
10. PLN-USE-2021-008
PROJECT: Pelfrey Tow Yard
APPLICANT: Tidewater Express Inc.
OWNER: Michael L. Pelfrey
PROPOSAL: A conditional use permit to allow an automobile tow yard on
a 2.2 acre parcel and an alternative parking surface.
ZONE: M-1, Light Industrial District
ZONING MAP
LOCATION: 924 Cavalier Boulevard
TAX MAP SECTION/PARCEL: 0240000001080
PLANNING AREA: Camelot
PLANNING COMMISSION RECOMMENDATION:
APPROVAL with the alternative parking surface and the following
stipulations: (7 – 0; Gerloff/Gilbert, Deneau and Steiner excused)
1. A backflow preventer is to be installed on all water systems before any
takeoffs are made and in accordance with the manufacturer's
recommendations, the International Plumbing Code requirements, and
Department of Public Utilities policy. The backflow preventer must meet
National Standard NSF 61 (lead free). The backflow preventer is to be
installed, tested by a DPOR certified technician, and documentation
received by Public Utilities within 90 days of the date of approval of this
conditional use permit, or prior to the initiation of this conditional use,
whichever occurs first.
2. The applicant/owner shall drain all fluids from any leaking tank(s) or
reservoir(s) of any damaged vehicles, so as to prevent further leakage, prior
to bringing them to the site. The applicant/owner shall also ensure that oil
absorbent mats and chemicals are kept on the site, along with a Spill
Prevention and Response Plan outlining their proper and effective use.
3. The applicant/owner agrees to install a Knox Box system lock approved by
the Fire Chief, or designee, which will allow entry by emergency service
providers and their equipment on the twelve foot wide locked gate prior to
initiation of the use and shall be maintained for the duration of the use.
4. The applicant/owner agrees that the alternative parking surface shall only
be allowed for the employee parking along the northern property line and
the tow yard. Customer parking, including required handicap accessible
spaces, shall be paved as shown on the Preliminary Site Plan, Revised
June 14, 2021, prior to issuance of a certificate of occupancy for this use.
4
Chesapeake Planning Commission
DRAFT July 14, 2021 Public Hearing Minutes
5. The landscaping, buffer yard, opaque fencing and paving improvements
shown on the Preliminary Site Plan, Revised June 14, 2021, shall be
installed prior to issuance of a certificate of occupancy for this use.
Mr. McNamara read PLN-USE-2021-008 into the record for Commission review and
action.
Staff Presentation:
Mr. McNamara stated that based on the findings listed in the staff report, planning staff
recommended that PLN-USE-2021-008 be APPROVED with an alternate parking surface
and the stipulations as listed in the official agenda.
Proponent:
Michael Pelfrey, 924 Cavalier Boulevard, Chesapeake, Virginia, applicant and will
standby for questions.
Grady Palmer, Williams Mullen, 999 Waterside Drive, Norfolk, Virginia, agent and will
standby for questions.
COMMISSION VOTE:
Commissioner Gerloff moved that PLN-USE-2021-008 be APPROVED with the
stipulations as listed in the official agenda and as recommended by staff. Commissioner
Gilbert seconded the motion. The motion was carried by a vote of 7 – 0. Commissioners
Deneau and Steiner excused.
5
City of Chesapeake
Department of Planning
Post Office Box 15225
Chesapeake, VA 23328
(757) 382-6176
www.cityofchesapeake.net/planning
PLN-USE-2021-008
Pelfrey Tow Yard
VICINITY MAP
Project Proposal: A conditional use permit to allow an automobile tow yard on a 2.2
acre parcel and an alternative parking surface.
Tax Map ID: 0240-000-001-080 Existing Zoning: M-1, Light Industrial
District
Property Address / Planning Area: Existing 2035 Land Use Plan
924 Cavalier Boulevard / Camelot Designation: Light Industrial / Logistics
Applicant: Tidewater Express Inc. Public Hearing Date: July 14, 2021
Staff Report Date: June 24, 2021
Property Owner: Michael L. Pelfrey Project Planner: Bill McKay, AICP, Senior
Planner
STAFF RECOMMENDATION
☐ APPROVED ☒ APPROVED WITH STIPULATIONS ☐ CONTINUED ☐ DENIED
6
FINDINGS:
1. The proposed use is consistent with the 2035 Land Use Plan and other policies of
the Comprehensive Plan since it is located on an appropriate site in terms of
access, environmental conditions, community facilities, and compatibility with its
neighbors.
2. The proposed use is compatible with the surrounding community since it is located
in an industrial park with no residences in the vicinity.
3. The proposed use will improve the functionality and appearance of the existing
business with new paving and landscaping.
STAFF RECOMMENDATION:
Based on the findings contained in this staff report, staff recommends that PLN-USE-
2021-008 be APPROVED with the alternative parking surface and the following
stipulations:
1. A backflow preventer is to be installed on all water systems before any takeoffs
are made and in accordance with the manufacturer's recommendations, the
International Plumbing Code requirements, and Department of Public Utilities
policy. The backflow preventer must meet National Standard NSF 61 (lead free).
The backflow preventer is to be installed, tested by a DPOR certified technician,
and documentation received by Public Utilities within 90 days of the date of
approval of this conditional use permit, or prior to the initiation of this conditional
use, whichever occurs first.
2. The applicant/owner shall drain all fluids from any leaking tank(s) or reservoir(s) of
any damaged vehicles, so as to prevent further leakage, prior to bringing them to
the site. The applicant/owner shall also ensure that oil absorbent mats and
chemicals are kept on the site, along with a Spill Prevention and Response Plan
outlining their proper and effective use.
3. The applicant/owner agrees to install a Knox Box system lock approved by the Fire
Chief, or designee, which will allow entry by emergency service providers and their
equipment on the twelve foot wide locked gate prior to initiation of the use and shall
be maintained for the duration of the use.
4. The applicant/owner agrees that the alternative parking surface shall only be
allowed for the employee parking along the northern property line and the tow yard.
Customer parking, including required handicap accessible spaces, shall be paved
as shown on the Preliminary Site Plan, Revised June 14, 2021, prior to issuance
of a certificate of occupancy for this use.
PLN-USE-2021-008 Pelfrey Tow Yard Page 2 of 87
5. The landscaping, buffer yard, opaque fencing and paving improvements shown on
the Preliminary Site Plan, Revised June 14, 2021, shall be installed prior to
issuance of a certificate of occupancy for this use.
PLN-USE-2021-008 Pelfrey Tow Yard Page 3 of 88
EXISTING ZONING MAP
2035 LAND USE MAP
PLN-USE-2021-008 Pelfrey Tow Yard Page 4 of 89
PROJECT DESCRIPTION:
The applicant seeks approval of a conditional use permit to allow an automobile tow yard
on a 2.2 acre parcel with an alternative parking surface. The property is located in Cavalier
Industrial Park at 924 Cavalier Boulevard and is occupied by Tidewater Express Inc., an
automobile and truck repair facility. The property is between Cavalier Boulevard and the
I-64 eastbound on-ramp from Military Highway.
The tow yard would be
located behind the
existing building adjacent
to the interstate ramp.
The view toward the
interstate ramp is shown in
the photograph to the left.
This area will be enclosed
with an eight (8) foot chain
link fence with an opaque
covering, which must be
approved by the Zoning
Administrator or designee.
The existing surface of the
tow yard is compacted
gravel. This same surface
is under the area
designated for employee
parking along the west side of the property. The applicant has requested that this surface
remains in these two areas, and paved improvements will be made to the area in front of
the building for customer parking, including handicap accessible spaces. There will be a
concrete surface in front of the repair bay doors and concrete extending for seventy-eight
(78) feet into the site from the two entrances on Cavalier Boulevard. Landscaping will be
installed next to the gates on both sides of the building. A ten (10) foot landscape buffer
yard will also be installed along Cavalier Boulevard. There is existing mature vegetation
on the south and west sides of the property that will remain.
The tow yard operation will involve the towing of motor vehicles for law enforcement
agencies and the general public. Vehicles will be stored for repair, pick-up, or removal to
a final location, and inoperable vehicles will not be stored on-site indefinitely. A stipulation
is recommended to require the operator of the use to drain all fluids from any leaking
tanks or reservoirs of any damaged vehicles to prevent further leakage prior to bringing
them to the site. Also, the stipulation will require that oil absorbent mats and chemicals
are kept on the site, along with a Spill Prevention and Response Plan outlining their proper
and effective use. The tow yard will have five (5) employees, and they expect an average
of three (3) customers per day. The hours of operation will be 8 am to 5 pm, Monday
through Friday.
PLN-USE-2021-008 Pelfrey Tow Yard Page 5 of 810
PLN-USE-2021-008 Pelfrey Tow Yard Page 6 of 811
COMMENTS:
RESPONSE REC’D
AGENCIES NOTIFIED AGENCIES NOTIFIED RESPONSE REC’D DATE
DATE
D & P / Dev Engineering June 22, 2021 Public Utilities April 23, 2021
D & P / Zoning No Objections Fire Prevention June 15, 2021
D & P / Landscape No Comments Police No Objections
D & P / Code Enforce No Objections
Received comments are attached.
STAFF ANALYSIS:
The subject property is designated Industrial/Logistics on the 2035 Land Use Plan, and
the proposed use is consistent with this designation. One of the objectives of the
Comprehensive Plan states that uses should be located on an appropriate site in terms
of access, environmental conditions, community facilities, and compatibility with its
neighbors.
The proposed use would have direct access to the main road of a large industrial park,
and, as shown on the included site plan, the applicant will extend the concrete apron for
both driveways seventy-eight (78) feet into the property to help prevent the tracking of dirt
and debris into the public right-of-way. The property is already used for vehicle repair, so
this requested use can be considered ancillary to the existing use. The properties on both
sides are industrial uses - a trucking company and a warehouse and distribution facility -
so they are compatible with the proposed tow yard. The rear side of the property abuts
an interstate ramp with extensive mature vegetation in between the proposed use and
the roadway. Therefore, staff finds that the proposed use complies with the objective of
compatibility and is consistent with the Comprehensive Plan.
The subject property is in an industrial park with no residences in the vicinity. It will be
visually unobtrusive since the tow yard is located behind the building, screened with an
opaque fence, and adjacent to an interstate ramp that is well-buffered with mature
vegetation. The applicant has complied with staff’s initial comments regarding paving and
landscaping. The proposed paving and landscaping will improve both the site’s
functionality and appearance. Departmental review comments indicated no objections to
the proposed use. Staff finds that the use is both appropriate and compatible with the
surrounding area.
Based on the findings and comments received, staff finds the proposed use to be
consistent with the goals and policies of the Comprehensive Plan, compatible with the
surrounding community, and will have no more adverse effects than would any other use
generally permitted in the same district. Therefore, staff recommends approval of the
request with stipulations.
PLN-USE-2021-008 Pelfrey Tow Yard Page 7 of 812
ATTACHMENTS:
1. Departmental Review Comments
2. Preliminary Site Plan, dated June 14, 2021
3. 2020 Aerial Map.
PLN-USE-2021-008 Pelfrey Tow Yard Page 8 of 813
City of Chesapeake
Department of Planning
Post Office Box 15225
Chesapeake, VA 23328
(757) 382-6176
www.cityofchesapeake.net/planning
DEPARTMENTAL REVIEWING COMMENTS
DEVELOPMENT & PERMITS:
ENGINEERING: PROVIDED ON June 22, 2021
The following comments pertain to the application/plan stamp dated June 14, 2021:
Development Engineering Comments:
No comments.
Development Engineering Advisory:
After the public hearing process a final site construction plan is required to be submitted,
indicating all improvements.
PUBLIC UTILITIES: PROVIDED ON APRIL 23, 2021
ADVISORY:
City water and sewer are existing to the site. Records show there is a ¾” water service
tap and a 4” sanitary sewer lateral to the site. Existing services to be used must meet
current codes, standards and specifications.
Final determination as to whether adequate water or sewer service is available can only
be made at the time the water or sewer connection fees are paid and accepted by the
City and the building permits are requested.
If the size of the existing water meter changes then additional City water, City sewer and
HRSD connection fees will be assessed.
Any off site City utility improvements installed by this developer that satisfy the conditions
set forth in the Chesapeake City Code, Section 70 123, may qualify this developer for pro
rata participation. In addition, this developer will be required to pay his pro rata share of
the cost of utility improvements installed by previous developers in accordance with
Chesapeake City Code, Section 70 123.
STIPULATION: A backflow preventer is to be installed on all water systems before any
takeoffs are made and in accordance with the manufacturer's recommendations, the
International Plumbing Code requirements, and Department of Public Utilities policy. The
backflow preventer must meet National Standard NSF 61 (lead free).The backflow
preventer is to be installed, tested by a DPOR certified technician, and documentation
received by Public Utilities within 90 days of the date of approval of this use conditional
use permit, or prior to the initiation of this conditional use, whichever occurs first.14
City of Chesapeake
Department of Planning
Post Office Box 15225
Chesapeake, VA 23328
(757) 382-6176
www.cityofchesapeake.net/planning
FIRE: PROVIDED ON JUNE 15, 2021
Approved with Conditions:
There is an existing public fire hydrant that meets the distance and fire-flow demand for
the site, and emergency access appears to be adequate. However, if the site is fenced
with a locked gate it will require a Chesapeake approved Knox lock box or padlock for
emergency access. In addition, if there will be vehicle repairs a Fire Code Operational
permit will be required including a fire inspection for fire and life safety compliance with
the Fire Code.
Page 2 of 215 REVISED JUNE 14, 2021
16
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Pelfrey Tow Yard
APPLICANT: Tidewater Express Inc. OWNER: Michael L. Pelfrey PROPOSAL: A
conditional use permit to allow an automobile tow yard on a 2.2 acre parcel and an
alternative parking surface. ZONE: M-1, Light Industrial District LOCATION: 924 Cavalier
Boulevard TAX MAP SECTION/PARCEL: 0240000001080 PLANNING AREA: Camelot
PLANNER PLANNING COMMISSION MEETING
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