rezoning and cup template...feb 08, 2012 · convenience store and car wash shall be red brick....

REED ENTERPRISES Agenda Item 11

11 February 8, 2012 Public Hearing

APPLICANT & PROPERTY OWNER:

REED ENTERPRISES,

INC., A MARYLAND CORPORATION

STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditional Change of Zoning and Conditional Use Permit originally approved by the City Council in 1999 and modified on February 9, 2010, for fuel sales and a car wash in conjunction with a convenience store as well as an auto repair facility on the adjacent parcel. ADDRESS / DESCRIPTION: northeast corner of Princess Anne Road and South Plaza Trail

GPIN: 14766017480000 14766029570000

ELECTION DISTRICT: ROSE HALL

1 SITE SIZE: 2.63 acres

AICUZ: Less than 65 dB DNL

1 This application, when submitted, was located in the Kempsville Election District. Since that time, new City Council Election Districts have

been approved by the U.S. Department of Justice. The site of this application is now located in the Rose Hall District due to the boundary changes. APPLICATION HISTORY: At the January 11, 2012 Planning Commission Hearing, this item was deferred to provide the applicant an opportunity to meet with the civic league in the surrounding area. The applicant did meet with the residents of the adjacent community. The applicant has also revised the plans by reducing the number of garage doors from eight to two. A Conditional Rezoning and a Conditional Use Permit authorizing fuel sales and a car wash was approved in 1999. A Modification of Conditions allowing an expansion of the car wash and construction of an auto repair facility was approved by the City Council on February 9, 2010. The auto repair facility has yet to be constructed. The car wash expansion necessitated the vacation of the interior property line as the second bay was proposed to cross the property line. As the applicant no longer wishes to expand the car wash, the proffered vacation of the property line is not required. The revised proffers located in this report replace and supersede the 2009 Proffers. In addition, the applicant proposes to shift the warehouse/storage area to be adjacent to the parts and tire sales portion of the building. While the footprint will essentially be unaffected, the result is service bays nearer to the southern property line,

SUMMARY OF REQUEST


closer to the adjacent multifamily dwellings. A modification to the conditions of the Use Permit is required so that the revised plan matches the conditions of approval. While the properties will remain separate, the ingress/egress, architectural design and landscaping plan will remain the same as approved by City Council in 2010.

EXISTING LAND USE: Fuel sales and car wash in conjunction with a convenience store; vacant lot SURROUNDING LAND USE AND ZONING:

North: South Plaza Trail

Retail shops / Conditional B-2 Community Business District South: Princess Anne Road

Multifamily dwellings / Conditional A-12 Apartment District East: Multifamily dwellings / Conditional A-12 Apartment District

West: City property with SWMF

Intersection of Princess Anne Road & South Plaza Trail NATURAL RESOURCE AND CULTURAL FEATURES:

The site is within the Southern Watersheds Management Area. There are no significant cultural or environmental resources as on the site as it is developed.

COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility.

CITY SERVICES

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this application is considered a 4-lane divided minor urban arterial. The MTP proposes a 4-lane facility within a 120 foot right-of-way. South Plaza Trail in the vicinity of this application is considered a 4-lane divided minor suburban arterial. The MTP proposes a 4-lane facility within a 100 foot right-of-way. There are no roadway CIP projects slated for this area. CIP projects mentioned on the previous applications have since been removed from the CIP.

TRAFFIC: Street Name

Present Volume

Present Capacity Generated Traffic

South Plaza Trail

16,552 ADT 1

28,200 ADT 1 (Level

of Service “C”) 32,800 ADT

1 (Level

of Service “E”)

Existing Land Use 2 –

6,511 ADT

LAND USE AND PLAN INFORMATION


Princess Anne Road

40,008 ADT

1

14,800 ADT

1 (Level

of Service “C”) 27,400 ADT

1 (Level

of Service “E”)

Proposed Land Use 3 –

7,078 ADT

1 Average Daily Trips

2 as defined by convenience store with12 fueling positions

3 as defined by addition of auto parts & service

WATER & SEWER: The existing business is already connected to City water and sewer. Parcel B must connect to both City water and sewer. The sanitary sewer and pump station analysis for Pump Station #543 may be required to determine if additional flows can be accommodated.

The proposed Modification of Proffers and conditions of the Conditional Use Permit to rearrange the interior of the building (relocate the storage area closer to the retail portion of the building and shift the service bays to the north), to maintain 2 separate parcels, to eliminate 1 of the car wash bays and to delete 4 parking spaces is acceptable. All auto repair work will be preformed within an air conditioned and heated space. The interior has been redesigned so that vehicles can maneuver in a way that all vehicles entering and exiting the service area will do so from the west side of the building. No major changes (other than the elimination of 6 garage bay doors) to the high quality architectural design, building materials or plant materials that were proffered in 2010 are proposed. As with the original proposal, these slight changes remain consistent with the land use policies of the Comprehensive Plan’s Suburban Area. The additional green space afforded by eliminating the parking spaces, coupled with the proposed fence and supplemental landscape screening along the southeast corner adjacent to residential uses, enhances the aesthetics of the site and addresses the suburban area design guidelines regarding buffering non-residential uses from residential. Staff recommends approval of this request with the submitted proffers and conditions provided below.

PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning.

PROFFER 1: When the Properties are developed and redeveloped, in order to achieve a coordinated design they shall be developed and landscaped substantially as shown on the exhibit entitled “Preliminary Layout Plan Of Commercial Property At Princess Anne Road And South Plaza Trail For Reed Enterprises, Inc.,” dated 01/19/12, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter “Site Plan”). PROFFER 2: The exterior of the convenience store, canopy for the gasoline pumps, and the “carwash” depicted on the

EVALUATION AND RECOMMENDATION


Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled “Gasoline Sales and Car Wash with Market for Princess Anne Trail Partners, Virginia Beach, Virginia,” dated December 10, 1998, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: The freestanding sign depicted on the Site Plan shall be a brick based monument style sign no greater than eight feet (8’) in height. PROFFER 4: The exterior of the building depicted on Parcel B and designated “3600 S.F. Parts, Tires & Service” on the Site Plan, shall have an architectural design substantially similar in appearance to the elevations shown on the exhibit entitled, “Neal Reed Project – Auto Service Center Princess Anne Road & south Plaza Trail, Virginia Beach, Virginia,” prepared by Neil E. Bristow, Architect, dated 1-16-12, revised 1-18-12, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter “Parcel B Elevations”). PROFFER 5: The primary building material used to construct visible exterior surfaces (excluding the roof) of the convenience store and car wash shall be red brick. PROFFER 6: The “Dumpster” as depicted on the Site Plan shall be screened within an enclosure constructed either with red brick columns and wooden fencing the color of which shall match the siding on the convenience store and car wash, or entirely with red brick. PROFFER 7: To create a unified landscape design and appearance, the Grantor will plant and maintain the same type, quantity and quality of street frontage landscaping, as that depicted on the Site Plan, between the existing public sidewalk and the stormwater management basin on the adjacent property, if given the necessary landscaping and maintenance easement. PROFFER 8: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 9: Grantor shall install berming and landscaping as depicted on the Site Plan and shall provide Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards of the City of Virginia Beach, adjacent to the southern and eastern boundaries of the Property. PROFFER 10: The following uses will not be permitted on Parcel B as designated on the Site Plan: a) bulk storage yards and building contractors yards; b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 11: The uses which will not be permitted in place of gasoline sales in conjunction with a convenience store and a carwash on Parcel A are: a) bulk storage yards and building contractors yards;


b) flea markets; c) heliports and helistops; d) mobile home sales; e) storage garages. PROFFER 12: The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2009 Proffers. PROFFER 13: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements.

STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. It should be noted that the proffers currently governing these properties were dated December 2009 but were not approved by City Council until February 2010.

The City Attorney’s Office has reviewed the proffer agreement dated January 23, 2012 and found it to be legally sufficient and in acceptable legal form.

CONDITIONAL USE PERMIT REVISED CONDITIONS

1. The design of the vehicular access to the parcel proposed for the motor vehicle parts and service shall

be modified to adhere to the City’s Public Works Specifications and Standards.

2. To ensure compatibility in scale and design with the residential uses in the vicinity, any freestanding sign associated with Parcel B1 shall be monument style and limited to eight feet in height.

3. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused way from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. No pole mounted lighting shall be utilized on the southern/back half of the property. Only building mounted or fence mounted pack lights may be used.

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

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

6. The hours of operation for the business shall be limited to from 8:00 a.m. to 6:00 p.m. Monday through Friday; 8:00 a.m. to 5:00 p.m. on Saturday and closed on Sunday.

7. The dumpster onsite shall not be tipped between the hours of 9:00 p.m. and 7:30 a.m.

8. No vehicles shall be stored or parked after operating hours outside the building, on the southern/back half of the property.

9. No parts or materials shall be stacked or stored outside the building at any time.


10. Vehicular ingress/egress in and out of the service area of the building shall be via the bay door on the

west side of the building and shall be closed whenever a pneumatic drill or similar tool is in use. The bay door to the service area on the east side of the building shall remain closed and only used as a means of emergency ingress/egress.

11. All stormwater generated onsite shall be filtered through an oil/water separator to be installed and maintained onsite prior to discharge into the stormwater management facility.

12. An eight foot, white vinyl, privacy fence shall be installed approximately six inches inside and along the rear (south) and east side property lines of Parcel B1 (Tire Center Parcel). The fence shall terminate at the back corner of the Parts/Retail portion of the building on Parcel B1.

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 Change of Zoning 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


PROPOSED SITE PLAN


PROPOSED BUILDING ELEVATIONS


REVISED BUILDING LAYOUT


ZONING HISTORY

# DATE REQUEST ACTION

1 02/09/10

02/23/99 02/23/99

MOD of Conditions & Proffers (car wash, fuel sales & auto service) REZ (R-7.5 to Conditional B-2) CUP

Granted Granted Granted

2 09/09/03 06/23/98 04/13/93

Amendment to LUP Amendment to LUP Amendment to LUP

Granted Granted Granted

3 02/23/99 05/25/88

REZ (R-7.5 to Conditional A-12) REZ (R-6 to B-2)

Granted Denied

4 03/12/96 05/26/92

CUP (communication tower) CUP (church)

Granted Granted

5 06/25/02 02/01/00 02/24/98 10/28/97

MOD of Conditions (church expansion) MOD of Conditions (church expansion) CUP (communications tower) MOD of Conditions (church expansion)

Granted Granted Granted Granted

1

2

3

5 4


DISCLOSURE STATEMENT

rezoning and cup template...feb 08, 2012 · convenience store and car wash shall be red brick....

Documents