larae tucker pmig 1012, llc - vbgov.com · 10/8/2014 · proposal to redevelop the site...

LARAE TUCKER Agenda Item 2

2 October 8, 2014 Public Hearing

APPLICANT:

LARAE TUCKER

PROPERTY OWNER:

PMIG 1012, LLC

STAFF PLANNER: Graham Owen

REQUEST: Modification of Conditions of a Use Permit for Fuel Sales in Conjunction with Convenience Store (originally approved on March 9, 1970 and last modified on May 1, 1989). ADDRESS / DESCRIPTION: 841 S. Military Highway

GPIN: 14561571100000

ELECTION DISTRICT: KEMPSVILLE

SITE SIZE: 0.97 acres

AICUZ: Less Than 65 dB DNL

Background The applicant is requesting a Modification of Conditions of a Conditional Use Permit originally approved on March 9, 1970 (Gasoline Sales Station). The purpose of the modification is to allow the site to be redeveloped for a 7-Eleven convenience store with fuel sales. The site has been in use for fuel sales since the initial Conditional Use Permit in March 1970. A second Use Permit was obtained in March 1988 to allow the redevelopment of the site for fuel sales, convenience store, and drive-through car wash. In May 1989, the Use Permit was modified again to allow a fuel canopy structure. The applicant’s current proposal to redevelop the site constitutes a significant change from the 1989 Modification; therefore, the Use Permit must be modified again. Based on the number of modifications of the original Use Permit, and the degree of redevelopment of the site associated with the applicant’s proposal, Staff finds that all of the past conditions are moot. Accordingly, rather than modifying the past conditions, if this application is approved, it will constitute a new Use Permit.

BACKGROUND / DETAILS OF PROPOSAL


Details Site Plan – The applicant is proposing to develop a 3,020 square foot 7-Eleven convenience store with fuel sales. The existing fuel canopy will remain on site; however, the applicant will upgrade the existing canopy by removing a portion that connects the fueling stations to the existing store, wrapping the canopy supports with brick veneer, and refurbishing the fascia. The existing car wash building will be removed from the site, and the proposed dumpster would be located on the southern side of the building in approximately the same location as the existing dumpster. The southwest portion of site is encumbered by a 12-foot ingress/egress easement controlled by the adjacent property owners. This area, as well as the portion of the property along the northwest property line, is also encumbered by drainage and utility easements of varying widths. With the exception of some small shrubs, the footprint of the proposed development is completely outside of these easement areas. Access, Circulation, and Parking – Vehicles would access the site from two curb cuts, one on S. Military Highway and one on Indian River Road. The applicant is proposing to construct a right-turn lane on S. Military Highway in order to accommodate the projected increase in traffic that the redeveloped site would generate. There are existing sidewalks along both roads, and the applicant will be required to replace any sidewalks that are removed during the construction of the right-turn lane. The proposed site plan shows a 5-foot pedestrian path linking the sidewalk along Indian River Road to the store. Bicycle parking is shown on the plan along the north-facing wall, and should be able to accommodate six bicycles at a time. The plan shows 13 vehicle parking spaces, ten in front of the store and three adjacent to the ten-foot landscaping buffer along S. Military Highway. These three spaces are existing on site, and do not interfere with the turning contours depicted on the plan. The plan also depicts one motorcycle parking spot between the entrance along S. Military Highway and the three parallel vehicle parking spaces. Landscaping – The site currently contains small palm trees and a PVC fence within the ten-foot landscaping buffer. The proposed redevelopment will remove these features, and replant the buffer with appropriate street-frontage trees and shrubs. Several mature crepe myrtles and other trees throughout the site would be retained. The submitted landscaping plan depicts foundation landscaping along the two building facades facing S. Military Highway and Indian River Road. Also, the applicant has proposed a row of small shrubs along the southwest curb. The proposed dumpster and freestanding monument sign will be screened and accompanied by ornamental landscaping respectively. Stormwater – The submitted site plan does not specifically show how stormwater will be handled on the site. The topographic survey conducted for the site plan indicates that the proposed convenience store would sit on the highest portion of the site. Stormwater would, therefore, run across the parking lot in the direction of the two curb cuts. The proposed site plan reduces the current impervious area on the site by 9.7%. Architectural Elevations and Signage – The submitted architectural elevations depict a prototype 7-Eleven convenience store with an “industrial” theme similar to the applicant’s site on Haygood Road that was approved by City Council on 06/17/2014. The exterior of the building will be wrapped with two types of Nichiha

© fiber cement panels that alternate in color between Nichiha’s

© ‘Light Brown’ and ‘Vintage Brick.’

The building design includes high parapet walls with metal caps that would screen rooftop mechanical equipment on all sides. The submitted architectural elevation depicts the entrance to the convenience store facing S. Military Highway (southeast). The design includes a prefinished, bronze-colored aluminum canopy with matching downspouts and window trims. The building elevation facing Indian River Road (northeast) shows two brick archways trimmed with high impact exterior insulation finishing system (EIFS) painted to match the light fixtures and parapet caps. Building-mounted lighting will reflect downward and onto the building to reduce glare. The existing canopy over the fueling stations will be refaced with white


trim, and will have no signage or striping other than 3’ x 3’ 7-Eleven corporate logos on each side of the canopy. The canopy supports would be wrapped with brick veneer to match the building. The sign package also indicates the installation of one eight-foot high monument sign with LED changeable fuel prices. The base of the sign will include a brick veneer, matching the other brick veneer used on the building and canopy supports.

EXISTING LAND USE: Gas station with convenience store and car wash SURROUNDING LAND USE AND ZONING:

North: Indian River Road

Business Center with offices and church / B-2 Community Business District

Tributary of the Elizabeth River South: Undeveloped parcel, largely consisting of the river

tributary and tidal wetlands; a billboard is located adjacent to the roadway / B-2 Community Business District

East: S. Military Highway

Pharmacy / B-2 Community Business District West: Undeveloped parcel, largely consisting of the river

tributary and tidal wetlands; a billboard is located adjacent to the roadway / B-2 Community Business District

NATURAL RESOURCE AND CULTURAL FEATURES:

A majority of the site, including the proposed convenience store and associated construction, appears to be located within the 50-foot seaward and 50-foot landward buffer portions of the Chesapeake Bay Preservation Area (CBPA). The applicant submitted a Preliminary Project Request (PPR) letter prior to submitting the Conditional Use Permit, and the development may be administratively approved as a redevelopment during detailed site plan review if a 10 percent pollutant load reduction is achieved. The northwest and southwest edges of the property appear to be located in the special flood hazard area, but all of the proposed improvements on the site appear to be located outside of this area.

COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within Suburban Focus Area 8 – Military Highway Corridor. This area includes both sides of Military Highway. The general pattern of land uses along this corridor has remained essentially unchanged for decades. North of Indian River Road, the western side of S. Military Highway consists of a low to medium density residential area and to the eastern side largely consists of light industrial uses including auto and truck sales, rentals and repairs, outdoor storage, and warehousing. The land along S. Military Highway south of Indian River Road is used and zoned for commercial purposes. New and redeveloped uses should improve the aesthetic of this corridor through high quality building design, signage, and landscaping. Applicable Design Guidelines: The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines

LAND USE AND COMPREHENSIVE PLAN


for Suburban Areas in the Comprehensive Plan’s Reference Handbook, and address both site and building design. These design guidelines should be applied to this development, as appropriate, to improve the quality of the physical environment.

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): S. Military Highway at this location is a six-lane divided major urban arterial. The Master Transportation Plan recommends a six-lane facility within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service D. Indian River Road at this location is a six-lane divided major urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service D. No Roadway Capital Improvement Program projects are programmed for this area.

TRAFFIC: Street Name

Present Volume

Present Capacity Generated Traffic

S. Military Hwy. 29,430 ADT 1 26,300 ADT

1 (Level of

Service “C”) 42,100 ADT

1 (Level of

Service “D”)

Existing Land Use 2 –

1,348 ADT Proposed Land Use

3

– 4,341

Indian River Rd. 29,635 ADT 1 26,300 ADT

1 (Level of

Service “C”) 42,100 ADT

1 (Level of

Service “D”)

1 Average Daily Trips

2 as defined by gas service station – 8 fueling positions

3 as defined by convenience store with gas pumps – 8 fueling positions

WATER AND SEWER: This site currently connects to city water. The existing 1-inch water meter (City ID #95125382) may be used or upgraded to accommodate the proposed development. This site currently connects to city sewer via Pump Station #410.

The applicant’s proposal to redevelop this site with a convenience store and fuel pumps will improve the aesthetics of the site, and also reduce impervious surface area within the Chesapeake Bay Preservation Area. The applicant is proposing a 9.7 percent reduction in impervious cover, which will reduce pollutant loading on a site located immediately adjacent to tidal wetlands and a tributary of the Eastern Branch of the Elizabeth River. The proposal is generally consistent with the Comprehensive Plan’s land use policies for this Suburban Focus Area, as the proposed redevelopment will renovate a site that has remained essentially unchanged for decades. The site plan and building elevations are consistent with the Retail Establishment and Shopping Center Ordinance Guidelines by limiting the amount of signage on site,

IMPACT ON CITY SERVICES

EVALUATION AND RECOMMENDATION


varying the building materials to add architectural interest, providing a pedestrian path to connect the store to the sidewalk, and accommodating cyclists by providing bicycle parking. The proposed landscaping plan will preserve desirable trees already existing on the site, remove non-native trees (palms), and will provide new trees and shrubs that will improve the streetscape along S. Military Highway and Indian River Road. Additionally, the row of low shrubs along the southwest curb will physically separate the development from the easement areas adjacent to top of bank, which may help to reduce the litter that is currently accumulating in this area. Given these considerations, and based on Staff’s overall evaluation of the proposal, approval of the applicant’s request with the conditions below. As noted at the beginning of this report, based on the number of modifications of the original 1970 Use Permit, and the degree of redevelopment of the site associated with the applicant’s proposal, the approval of this application it will constitute a new Use Permit rather than another modification of the original.

1. With the exception of any modifications required by any of these conditions or as a result of

development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled “Military Highway & Indian River Road, CUP Layout Plan” prepared by Blakeway Corporation and dated 09/18/2014. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.

2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the landscaping on the site shall be developed substantially in conformance with the submitted plan entitled “7-Eleven 841 S Military Hwy Virginia Beach, VA” prepared by G.I. Joseph Vaughn and dated 09/19/2014. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.

3. With the exception of any modifications required by any of these conditions or as necessary to comply with applicable City development ordinances and standards, the building and canopy shall be constructed in substantial conformance with the elevations entitled “7-Eleven Store Site No. 140060” prepared by K2M Design and dated 09/22/2014. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department.

4. The dumpster enclosure as well as the base of any freestanding sign shall be constructed of materials that match the brick veneer used for the store.

5. No outdoor vending machines and/or display of merchandise shall be allowed.

6. Bicycle racks shall be provided as shown on the plan identified in Condition #1 above, and shall be depicted on the final site plan.

7. The site shall comply with the Preliminary Project Request Letter for the site dated 06/30/2014, and shall achieve at least a 10 percent reduction in the pollutant loading on the site.

8. A Lighting Plan and/or Photometric 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

CONDITIONS


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 shall include provisions for implementing low-level security lighting for non-business hours.

9. Only one vacuum shall be allowed on the site. It shall be screened with evergreen plant material of a size and species acceptable to the Development Services Center’s Landscape Architect. The existing vacuums existing on the site in excess of the allowed one shall be removed. This shall be depicted on the final site plan.

10. All sidewalks in the public rights-of way that are removed during construction shall be replaced in accordance with Public Works Standards.

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.


AERIAL OF SITE LOCATION AND SURROUNDING AREA


AERIAL OF SITE LOCATION


PROPOSED SITE PLAN (Condition 1)


PROPOSED LANDSCAPING PLAN (Condition 2)


PROPOSED BUILDING ELEVATIONS AND

SIGNAGE (Condition 3)


ZONING HISTORY

# DATE REQUEST ACTION

1 05/01/1989 03/14/1988 03/09/1970 03/09/1970

Modification of Conditions (Fuel Canopy) Conditional Use Permit (Fuel Sales, Convenience Store, and Car Wash) Change of Zoning (C-L1 Limited Commercial to C-G1 General Commercial District) Conditional Use Permit (Gasoline Supply Station)

Approved Approved Approved Approved

2 11/27/2007 02/13/1999

Conditional Use Permit (Car Wash) Change of Zoning (I-1 Light Industrial to B-2 Community Business District)

Approved Approved

3 05/22/2001 01/27/1998 03/11/1968 09/05/1961

Conditional Use Permit (Church Expansion and Day Care) Conditional Use Permit (Church and School) Conditional Use Permit (600-seat Movie Theater) Change of Zoning (R-S3 Suburban Residential to C-L1 Limited Commercial District)

Approved Approved Approved

4 02/08/1988 08/04/1984 06/16/1975

Conditional Use Permit (Billboard) Conditional Use Permit (Billboard) Conditional Use Permit (Billboard)

Approved Approved Approved

2 3

4 1


EXISTING SITE CONDITIONS


EXISTING SITE CONDITIONS (PAVEMENT IN FOREGROUND TO BE REMOVED)


DISCLOSURE STATEMENT

larae tucker pmig 1012, llc - vbgov.com · 10/8/2014 · proposal to redevelop the site...

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