Docket Item "H" UP-14-38

Krispy Kreme

CITY COUNCIL PACKAGE FOR FEBRUARY 17, 2015

Page 1 – 2 Application Summary 3 – 4 Planning Commission Draft Minutes 5 – 15 Staff Report: January 7, 2015

16 Architectural Elevation 17 Site Plan 18 Aerial 19 GIS Parcel Exhibit

1 APPLICATION SUMMARY

UP-14-38 Krispy Kreme

LOCATION: 1444 Battlefield Boulevard, North

PROPOSAL: A conditional use permit to operate a retail bakery and drive-thru on 0.94± acres.

SUBMITTED: 11-10-14 ACCEPTED: 11-18-14

STAFF RECOMMENDATION Approval with stipulations

PLANNING COMMISSION

HEARING DATE: 1-14-15

RECOMMENDATION: APPROVAL with stipulations

VOTE: 9 - 0

ATTACHMENTS

Draft Minutes, Staff Report, Architectural Elevation, Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

UP-14-38 Krispy Kreme

APPLICANT: Krispy Kreme Corporation 370 Knollwood, Suite 500 Winston-Salem, NC 27103 336-725-2981 hicks@csitedesign.com Officers: James H. Morgan, President/CEO Darryl R. Marsch, Senior Vice President/General Counsel/Secretary Douglas R. Muir, CFO M. Bradley Wall, Senior Vice President

OWNER: Stanley G. Bryan, et als. 801 George Washington Highway, South Chesapeake, VA 23323 919-848-6121 hicks@csitedesign.com et als: Stanley G. Bryan B. Bruce Taylor, LP

B. Bruce Taylor Judith O. Taylor

William Lee Tolson Geraldine Tolson Barefoot

AGENCY: Commercial Site Design Attn: Michael Hicks 8312 Creedmoor Rd Raleigh, NC 27613 919-848-6121 hicks@csitedesign.com

3 Chesapeake Planning Commission

DRAFT January 14, 2015 Public Hearing Minutes

UP-14-38 PROJECT: Krispy Kreme APPLICANT: Krispy Kreme Corporation AGENCY: Commercial Site Design PROPOSAL: A conditional use permit to operate a retail bakery and drive-thru on 0.94± acres. ZONE: B-3, Highway Business District LOCATION: 1444 Battlefield Boulevard North TAX MAP SECTION/PARCEL: 0270000000880 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-14-38 be APPROVED with the following stipulations: (9-0; Williams/Small)

1. The applicant/owner agrees that no outdoor public telephones shall be permitted on the property subject to this use permit.

2. The applicant/owner agrees to take all action necessary to prohibit loitering as defined in Section 46-13 of the City Code of Ordinances, Offenses and Miscellaneous Provisions.

3. The applicant/owner agrees to keep the property in a clean and well-maintained condition at all times.

4. The applicant/owner agrees to provide the Planning Department with color, to-scale building elevations for the exterior portion of the building. Said elevations shall be subject to the review and approval of the Planning Director or designee prior to final site construction plan approval.

5. The applicant/owner also agrees that the proposed free standing sign shall be architecturally compatible with the approved building elevations referenced in Stipulation #4 as determined by the Planning Director or their designee prior to final site plan approval. The applicant/owner further agrees to relocate the free standing sign at its own cost and expense to meet the setbacks required by the City Code if the adjacent right of way is widened in accordance with the road reservation for North Battlefield Boulevard. All signage shall require a separate permit from Development and Permits.

6. The applicant/owner agrees that all HVAC equipment and refrigeration units for the building shall be adequately screened as determined by the Planning Director or designee prior to final site construction plan approval. The HVAC units shall require a separate permit from Development and Permits.

4 Chesapeake Planning Commission

DRAFT January 14, 2015 Public Hearing Minutes

7. The applicant/owner shall restrict dumpster service on the site by only scheduling pickup between the hours of 7:00 a.m. and 9:00 p.m.

8. The applicant/owner agrees to install and maintain all proposed landscape material shown on the approved preliminary site plan dated January 2, 2015. Such materials shall be approved by the Director of Development and Permits, or their designee, and installed prior to the approval of a final site construction plan and issuance of a Certificate of Occupancy.

9. The applicant/owner agrees to record a private ingress/egress easement to maintain a shared, 25’ x 80’ easement on the subject site as shown on the approved preliminary site plan dated January 2, 2015. Said easement shall be recorded prior to the issuance of the Certificate of Occupancy for the property by plat or exhibit with deed.

10. The applicant/owner agrees to record a 15’x15’ sidewalk easement on the northeast corner on the property as shown on the approved preliminary site plan dated January 2, 2015. Said easement shall be recorded prior to the issuance of the Certificate of Occupancy for the property by plat or exhibit with deed.

11. The applicant/owner agrees that minor site changes will be required on the final site construction plans to comply with adequate site circulation and entrance geometry at North Battlefield Boulevard.

Mrs. Hanson read UP-14-38 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that UP-14-38 be APPROVED with the stipulations as listed in the official agenda.

Lorin Hay, HDSD Inc. t/a Dunkin Donuts, 606 Pintail Lane, Chesapeake, Virginia, appeared before the Commission in opposition to UP-14-38 representing himself.

The citizen who spoke in opposition was concerned about traffic issues and stated that Dunkin Donuts, in the past, had requested several times to have a drive-thru window but the City had always denied their request. He asked that if this application were approved then he would like the same consideration when Dunkin Donuts comes before them again.

COMMISSION VOTE:

Commissioner Williams moved that UP-14-38 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Small seconded the motion. The motion was carried by a vote of 9 - 0.

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Krispy Kreme UP-14-38 APPLICANT: Krispy Kreme Corporation AGENCY: Commercial Site Design PROPOSAL: A conditional use permit to operate a retail bakery and drive-thru on 0.94± acres. ZONE: B-3, Highway Business District LOCATION: 1444 Battlefield Boulevard North TAX MAP SECTION/PARCEL: 0270000000880 BOROUGH: Washington