4 May 14, 2014 Public Hearing

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1 4 May 14, 2014 Public Hearing APPLICANT: MID ATLANTIC COMMERCIAL PROPERTIES PROPERTY OWNER: 336 CEDAR ROAD LLC STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit (Gas Station with Convenience Store) ADDRESS / DESCRIPTION: 720 Independence Boulevard GPIN: ELECTION DISTRICT: BAYSIDE SITE SIZE: 31,796 square feet AICUZ: <65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant is requesting a Conditional Use Permit to allow the development of a convenience store in conjunction with gasoline sales. A Conditional Use Permit pertaining to gasoline sales was approved by the Virginia Beach City Council on October 11, A second Conditional Use Permit was approved by Council on September 23, 1997 for fuel sales that incorporated a convenience store. The site is currently vacated and in a state of disrepair. The convenience store building located on the eastern side of the site remains; however, it will be removed and a new building constructed in the north east corner of the site. Since the proposed building and site designs vary significantly from those approved plan by Council, the applicant is requesting a Conditional Use Permit for this proposed gas station and convenience store. Details The applicant proposes to construct a 3,043 square foot convenience store along with a canopy that accommodates four fueling stations. Fourteen parking spaces and a loading space are also depicted on the submitted site plan. Landscaping, including a hedge row and large canopy trees, is shown along the property lines adjacent to both rights-of-way (Pembroke Boulevard and Independence Boulevard). Streetscape landscaping will be required where parking spaces are adjacent to a public street. Foundation landscaping is also shown along the two sides of the building primarily visible from the public Page 1

2 rights-of-way. Additionally, the location of the building in the rear corner of the site allows for a grassy area to be added to the northern portion of the site. The dumpster will be located in front of the building on the eastern property line, and the plan notes that it will be screened with a six-foot tall wall to match the building material and color. As the building is proposed with cement fiber board exterior, a condition is recommended below that the wall be constructed of brick in a color to match the building. The required planting is depicted, where required around the dumpster s perimeter. During final site plan review, all planting and screening requirements will be reviewed in more detail. Access to the site will be from two existing curb cuts, one from Independence Boulevard and one from Pembroke Boulevard. One curb cut that currently exists along Independence Boulevard will be removed. The applicant will dedicate property along Independence Boulevard to the City to accommodate a new right-turn lane and to place the public sidewalk along Independence Boulevard entirely in the right-of-way. Pedestrian access to the building will be via a sidewalk that connects to the existing sidewalk along Independence Boulevard. A freestanding monument sign is depicted at the northwest corner of the site. The submitted building elevations depict a one-story, three-sided, 3,043 square foot 7-Eleven convenience store. The primary exterior material is proposed as cement fiber board panels with a brick pattern. Contrasting color, faux brick panels are proposed in the middle of the front façade, along the water table and as accents on the side facades to provide some relief. The front façade incorporates storefront windows and an industrial-style canopy with exposed supports is centered over the entry. Additional detailing includes a dark cornice and the side elevations depict a scaled-down version of the metal canopy on the left elevation and a brick archway on the right elevation. Variations to the roofline on all sides of the building also add architectural interest. Note that a condition is recommended below, consistent with all convenience stores with fuel sales requiring a Conditional Use Permit, which would eliminate additional building signage in the white boxes depicted on the front elevation. EXISTING LAND USE: Gas Station (vacant) LAND USE AND COMPREHENSIVE PLAN SURROUNDING LAND USE AND ZONING: North: Retail Shops / B-2 Community Business District South: Pembroke Boulevard Professional Offices /B-2 Community Business District East: Retail Shops / B-2 Community Business District West: Independence Boulevard Retail Shops / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is completely impervious as the majority of the site is developed with a small commercial building, fuel canopy and paved surfaces. There do not appear to be any natural resource or cultural features associated with the site. The site is located in the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and Page 2

3 protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential area that comprise part of the Suburban Area. Achieving these goals requires that all land use activities 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 MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Independence Boulevard in the vicinity of this application is considered a six-lane divided major urban arterial. The Master Transportation Plan proposes an eight-lane facility within a 155-foot right-of way. Currently, this segment of roadway is functioning over-capacity at a Level of Service F. Pembroke Boulevard in the vicinity of this application is considered a four-lane divided collector street. It is not included in the Master Transportation Plan. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. No roadway Capital Improvement Program projects are slated for this area. TRAFFIC: Street Name Independence Boulevard Pembroke Boulevard Present Present Capacity Volume 52,242 ADT 1 26,300 ADT 1 (Level of Service C ) 42,100 ADT 1 (Level of Service D ) 48,200 ADT 1 (Level of Service E ) 6,497 ADT 1 13,100 ADT 1 (Level of Service C ) 20,700 ADT 1 (Level of Service D ) 22,800 ADT 1 (Level of Service E ) Generated Traffic Existing Land Use 2 5,426 ADT Proposed Land Use 3 4,341 ADT 1 Average Daily Trips 2 as defined by a gas station with 10 fueling positions 3 as defined by a gas station with 8 fueling positions WATER: This site is already connected to City water. There is an existing 10-inch City water main along Independence Boulevard. There is an existing 10-inch City water main along Pembroke Boulevard. SEWER: This site must connect to City sewer. There is an existing 10-inch City sanitary sewer gravity main and a 36-inch HRSD force main along Independence Boulevard. There is an existing 12-inch City sanitary sewer gravity main along Pembroke Boulevard. Pump Station #346, the receiving pump station Page 3

4 for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of the station and the sanitary sewer collection system may be required to ensure flows can be accommodated. EVALUATION AND RECOMMENDATION This proposal will redevelop what has become an outdated and highly visible property. The proposed site upgrades and proposed architectural design, in Staff s opinion, will be welcomed aesthetic improvements to the area. The proposed gas station with convenience store is similar in nature to the previous use on the site and is compatible with the commercial nature of this portion of Independence Boulevard. The Comprehensive Plan s Guidelines for Suburban Areas address both site and building design. It is Staff s belief that the proposal is generally consistent with the Comprehensive Plan s land use policies for the Suburban Area and also with the Zoning Ordinance s Retail Design Guidelines. A brief summary of the applicable Guidelines is provided below. Access and Circulation - The submitted site plan shows the vehicular and non-vehicular access is clearly marked. The number of entrances from Independence Boulevard is being consolidated from two curb cuts to one. Additionally, a right turn lane is being added to provide a safer entrance and exit onto a major right-of-way. The proposed site design pushes the building to the rear of the site, and separates vehicular and pedestrian traffic to provide safe and convenient internal circulation. Pedestrian Movement - Sidewalks are depicted along both rights-of-way, and as required by the Zoning Ordinance, a pedestrian path from the sidewalk on Independence Boulevard to the building s entry is depicted on the submitted plan. Parking Areas - Plant material within the parking lot will meet the minimum standards. The number of spaces provided on the submitted site plan meets the parking requirement as per the Zoning Ordinance. Landscape Design Techniques - A ten-foot landscaping buffer consisting of a continuous hedge row and large canopy trees is provided along both property lines adjacent to public rights-of-way. The grassy area located in the public right-of-way at the corner of Independence and Pembroke Boulevards will remain. Additionally, an open grassy area will be added to the west of the proposed building, replacing what is currently asphalt cover. Foundation landscaping will be planted along the two facades of the building that are highly visible from Independence Boulevard. Lighting - A condition is recommended to ensure that all outdoor lighting be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or the sky. Lighting is not anticipated to have any adverse effects on the surrounding properties, as the site is not directly adjacent to a residential use. Signage - The proposed monument sign will be relocated to the northwest corner of the sight. The submitted site plan depicts the sign located in the open grassy area, and with landscaping surrounding the base. The proposed sign appears to be consistent in color and design theme of Page 4

5 the building and in compliance with the Zoning Ordinance. A separate sign permit is required for further scrutiny to ensure the monument, building and canopy signs meet sign standards. Building Design - The updated building design is proposed with high quality building materials and is consistent with the Retail Design Guidelines. The use of a prefinished metal canopy on an industrial style building appears to be an architectural trend and one that Staff is conservatively recommending approval of until several stores have been constructed and a more detailed analysis can be done. Based on the findings above, staff recommends approval of the Use Permit, subject to the conditions below. CONDITIONS 1. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the site shall be developed in substantial conformance with the submitted Plan entitled INDEPENDENCE BLVD., CONDITIONAL USE PERMIT CONCEPT, dated 4/01/2014, and prepared by Blakeway Corp. Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the building shall be constructed in substantial conformance with the Elevations entitled, 7-11, prepared by Interplan, LLC, dated Said Elevations have been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department 3. Except as modified by any other condition of this Conditional Use Permit, specifically Condition #6 c. below, or as necessary to comply with applicable City development ordinances and standards, the fuel canopy shall be constructed in substantial conformance with the elevations entitled, Proposed Southwest Elevation Sign C, 7-Eleven # , 720 Independence Drive, Virginia Beach, VA., prepared by Harbinger, with the addition that the supports of the fuel canopy shall be wrapped in a building material to match the building or with masonry in a color to match the building. Said Elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 4. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the freestanding sign shall be monument style and constructed in substantial conformance with the Elevation entitled, Front Elevation & Side Detail, 7-Eleven # , 720 Independence Drive, Virginia Beach, VA., prepared by Harbinger. Said Elevation has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 5. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the plant materials shall be installed in substantial conformance with the Plan identified in Condition #1 above. Page 5

6 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance. 7. Signage for the site shall be limited to: a. Directional signs b. One (1) monument style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/ or canopy signs. c. Striping on canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the Site. 8. No outdoor vending machines and/or display of merchandise shall be allowed. 9. Bicycle racks shall be provided as depicted on the Plan identified in Condition #1 above and shall be depicted on the final Site Plan. 10. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan shall include the location of all pole-mounted and building-mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The Plan includes provisions for implementing low-level security lighting for non-business hours. 11. Any vacuum or air pump machines shall be screened with evergreen plant material, size and species acceptable to the Development Service Center s Landscape Architect, all of which shall be depicted on the final site plan. 12. Pedestrian walkway(s) to the convenience store shall be provided as depicted on the Plan identified in Condition #1 above and from any required sidewalks in the public rights of way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final site plan. 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 6

7 AERIAL OF SITE LOCATION Page 7

8 PROPOSED CONCEPT PLAN (Condition 1) Page 8

9 ENLARGED VIEW OF PROPOSED CONCEPT PLAN (Condition 1) Page 9

10 PROPOSED BUILDING ELEVATION (Conditions 2 & 3) Page 10

11 FREESTANDING SIGN ELEVATION (Condition 4) Page 11

12 ZONING HISTORY # DATE REQUEST ACTION 1 05/11/2010 Conditional Use Permit (Religious Use) Approved 2 08/13/2008 Conditional Use Permit (Bulk Storage Yard) Deferred 3 04/13/1999 Conditional Use Permit (Indoor Recreation Facility) Approved 4 09/23/1997 Conditional Use Permit (Gas Station with Convenience Store) Approved 10/11/1971 Conditional Use Permit (Gas Station) Approved 5 12/12/1983 Change of Zoning (B-2 to A-2) Approved 6 09/13/1982 Conditional Use Permit (In-home Daycare facility) Approved 7 02/12/1973 Change of Zoning (CL-3 to CG-3) Approved 8 06/18/1973 Conditional Use Permit (Veterinary Office) Approved 9 09/10/1970 Conditional Use Permit (Gas Station) Approved Page 12

13 DISCLOSURE STATEMENT Page 13

14 DISCLOSURE STATEMENT Page 14