STAFF PLANNER: Karen Prochillo REQUEST: Modification of a Conditional Use Permit for Retail Fuel Sales (7 Eleven, Inc. Approved 10/10/2006)

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1 June Public Hearing APPLICANT: JAMES ROE PROPERTY OWNER: RPA SALEM / ELBOW, LLC STAFF PLANNER: Karen Prochillo REQUEST: Modification of a Conditional Use Permit for Retail Fuel Sales (7 Eleven, Inc. Approved 10/10/2006) ADDRESS / DESCRIPTION: 2105 Salem Road GPIN: ELECTION DISTRICT: CENTERVILLE SITE SIZE: 1.29 acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant is requesting the installation of a movie/dvd vending machine (Redbox) outside near the front entrance of the convenience store. Condition 3 of the City Council approved Conditional Use Permit does not allow any outdoor vending machines, ice boxes, or display of merchandise. Condition 3 is requested for modification to allow this installation. The Conditional Use Permit permitting fuel sales in conjunction with a convenience store was approved by the City Council on October 10, The Conditional Use Permit has nine conditions: 1. The site shall be developed in substantial accordance with the site plan entitled 7-Eleven Corporation Convenience Store with Gas, Preliminary Site Plan, intersection of Salem Road and Elbow Road dated June 29, 2006 and prepared by Blakeway Corp. A copy of this site plan has been exhibited to Virginia Beach City Council and is on file in the Planning Department. 2. The building and canopy shall be developed in substantial accordance with the architectural elevations entitled 7-Eleven Convenience Store with Gas dated September 15, 2004 and prepared Page 1

2 by URS. A copy of the elevations has been exhibited to Virginia Beach City Council and is on file in the Planning Department. 3. No outdoor vending machines, ice boxes, or display of merchandise shall be allowed. 4. Windows shall not be tinted, thus allowing for surveillance opportunities both from within and from outside the building. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall nor any neon or neon-style signs or accents shall be permitted in or on the windows and/or doors of the convenience store. 5. Signage on the site is limited to the building sign, the canopy signage as depicted on the elevation, and one free-standing monument style sign with a brick base matching the brick color of the convenience store building. No other signs shall be installed on any other wall area of the building or on the roof of the building, on the canopy, on the canopy supports, on lighting poles, or any other portion of the site. 6. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. 7. The trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City s Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 8. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. Canopy lighting shall consist of flush mounted fixtures on the ceiling of the canopy. All lighting shall be directed inward and downward within the site so as to eliminate glare onto adjacent properties and rights-of-ways. 9. A bike rack shall be provided on-site. LAND USE AND PLAN INFORMATION EXISTING LAND USE: commercial structure with fuel facility and associated parking SURROUNDING LAND USE AND ZONING: North: Elbow Road Pool equipment retail / B-2 Community Business District South: Undeveloped site / B-2 Community Business District Page 2

3 East: Salem Road Religious facility / B-2 Community Business District Multi-family dwellings / PD-H2 Planned Development (R-5D) West: Single-family homes / R-15 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The subject property is located in the Suburban Area. The City s Retail Establishments and Shopping Centers Ordinance Guidelines (2002), which are adopted by reference as part of the Comprehensive Plan, are applicable to this request and should be adhered to. Specifically, the guidelines for machines and ground level mechanical equipment state that vending machines shall not be visible from a public street. If vending machines are present, building facades should include an area screened from public streets but visible to security personnel. (p. 8) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Elbow Road in this vicinity is considered a two-lane undivided major suburban arterial. The Master Transportation Plan proposes a divided facility within a 125 foot right-of-way. Currently, this segment of roadway is functioning under capacity at a LOS C or better. Salem Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes a divided facility within a 145 foot right-of-way. Currently, this segment of roadway is functioning under capacity at a LOS C or better. Two roadway Capital Improvement Program projects are slated for this area. Elbow Road Extended Phase II (CIP 2-152) will improve Elbow Road from Indian River Road to Dam Neck Road. Improvements include a four-lane divided roadway in a 125 foot right-of-way, sidewalk, multi-use path, landscaping, and aesthetic features. Salem Road (CIP 2-507) will improve Salem Road from Elbow Road to North Landing. Improvements include a four-lane divided roadway, bike lanes, multi-use path, landscaping, and aesthetic features. TRAFFIC: Street Name Present Volume Present Capacity Elbow Road 11,175 ADT 1 15,800 ADT 1 (Level of Service C ) 17,100 ADT 1 (Level of Service D )/Capacity 18,400 ADT 1 (Level of Service E ) Generated Traffic Existing Land Use 2 6,511 ADT Proposed Land Use 3 6,586 ADT Page 3

4 Salem Road 3,130 ADT 1 13,300 ADT 1 (Level of Service C ) 15,000 ADT 1 (Level of Service D ) 16,200 ADT 1 (Level of Service E ) 1 Average Daily Trips 2 as defined by gas station 12 fuel positions 3 as defined by gas station 12 fuel positions and redbox EVALUATION AND RECOMMENDATION This request to place a vending machine (Redbox) in front of this retail establishment is not consistent with the City s Retail Establishments and Shopping Centers Ordinance Guidelines and as such, is not consistent with the Comprehensive Plan. Staff does not recommend approval of this requested modification to the conditions. Under the City Zoning Ordinance Design, Etc. Standards For Retail Establishments and Shopping Centers Section 245 (e)(2) vending machines shall not be visible from a public street. If vending machines are present, building facades should include an area screened from public streets but visible to security personnel. In keeping with this requirement, Staff would be supportive of either an enclosure placed on the side of this facility screened from public streets but visible to security personnel or la ocation of the vending machine inside the retail facility. 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. Page 4

5 AERIAL OF SITE LOCATION Page 5

6 PROPOSED SITE PLAN Page 6

7 APPLICANT S PROPOSED RED BOX LOCATION Page 7

8 # DATE REQUEST ACTION 1 10/10/2006 Conditional Use Permit (Fuel sales w/ convenience store) Granted 09/24/1991 Conditional Use Permit (Auto service / convenience store) Granted 2 09/09/2003 Conditional Rezoning (PD-H1 to PD-H2 Overlay) Granted 3 07/13/1999 Conditional Rezoning (R-5D & R-15 to R-7.5)) Granted 4 03/23/1993 Conditional Use Permit (Religious Facility) Granted ZONING HISTORY Page 8

9 DISCLOSURE STATEMENT Page 9

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