11 May 9, 2012 Public Hearing APPLICANT: KROGER LIMITED PARTNERSHIP I

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Frederick Roy Parsons
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REQUEST: Conditional Use Permit (Automobile Service Station (Fuel Sales) ADDRESS / DESCRIPTION: 3901 Holland Drive 11 May 9, 2012 Public Hearing APPLICANT: KROGER LIMITED PARTNERSHIP I PROPERTY

1 REQUEST: Conditional Use Permit (Automobile Service Station (Fuel Sales) ADDRESS / DESCRIPTION: 3901 Holland Drive 11 May 9, 2012 Public Hearing APPLICANT: KROGER LIMITED PARTNERSHIP I PROPERTY OWNER: SUPER HOLLAND ASSOCIATES, L.L.P. STAFF PLANNERS: Stephen White and Faith Christie GPIN: ELECTION DISTRICT: ROSE HALL SITE SIZE: 15, 200 square feet (entire site is 16.6 acres) AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site with a gasoline fueling center, canopy, and kiosk. The center will have 18 fueling stations (9 fuel dispensers) and is operated in conjunction with a grocery store. The fuel center will occupy approximately 15, 200 square feet of the site. The submitted site plan depicts the canopy / fueling center situated 67 feet from the Windsor Oaks Boulevard right-of-way and 75-feet from the out parcel property line. Access to the center is from two entrances along Windsor Oaks Boulevard. The submitted canopy and kiosk elevation is typical of the Kroger brand gasoline facilities. The proposed canopy is 160-feet by 43-feet (160 x 43 ) and 22 feet in height. Brick columns support a metal mansard style roof. The proposed kiosk is 8-feet by 21-feet (8 x 21 ) and 11 feet in height. The kiosk will be constructed of brick. Page 1

2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is currently occupied by a vacant retail building (fromer K-Mart), parking, and associated landscaping. The site is zoned Conditional B-2 Business. SURROUNDING LAND USE AND ZONING: North: Holland Road Across Holland Road are commercial uses / B-2 Business South: Multi-family dwellings / A-12 Apartment East: Townhomes and Multi-family dwellings / A-12 and A-18 Apartment West: Windsor Oaks Boulevard Across Windsor Oaks Boulevard is a retail use and vacant property / B-2 Business NATURAL RESOURCE AND CULTURAL FEATURES: The site is mostly impervious, covered with a building and parking. There is minimal green space on the site. There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Suburban Area 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 nonresidential 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. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The larger site where this fuel sales facility is located has two unsignalized full-movement access points on Windsor Oaks Boulevard, one right-in / right-out access point on Windsor Oaks Boulevard, and one signalized access point on Holland Road at its intersection with Governors Way. The application proposes no changes to this access. Existing and proposed outparcels and an existing retail strip share the same access points. Holland Road is a four-lane urban minor arterial. It is listed in the Master Transportation Plan (MTP) as a sixlane facility in a 150-foot right-of-way, but there is no Roadway CIP project for such an improvement. Windsor Oaks Boulevard is a four-lane collector. It is listed in the MTP as a four-lane facility in an 80-foot right-of-way and is at its ultimate width. There is a CIP project Intersection Improvements at Holland Road and Windsor Page 2

3 Oaks Blvd (CIP # ), at the intersection of Holland Road and Windsor Oaks Boulevard. This project will modify the existing left-turn lanes on Holland Road. Construction begins in April Based on the information provided in the application, as well as the trip generation data available from the Institute of Transportation Engineers, the combination of a supermarket and gas station with 18 fueling positions is anticipated to create over 150 more morning peak-hour trips than the prior K-Mart. Typically, a Traffic Impact Assessment (TIA) would need to be performed for a development with that increase in traffic volumes. However, the site s access points are fully developed with turn lanes and a traffic signal. Since no improvements could be proposed which are not already in place, Traffic Engineering will not require a TIA. TRAFFIC: Street Name Present Volume Holland Road 36, 300 ADT Present Capacity 1 22,800 ADT 1 (Capacity) Generated Traffic Existing Land Use 2 9,900 ADT (317 Peak AM & 876 Peak PM) Windsor Oaks Boulevard 8,400 ADT 1 20,700 ADT 1 (Capacity) Proposed Land Use 3 13,164 ADT (480 Peak AM & 1,022 Peak PM) 1 Average Daily Trips 2 as defined by a 190,000 square feet retail use 3 as defined by a 123,600 square feet supermarket and 18 fueling stations WATER and SEWER: The site is connected to City water and sewer. SCHOOLS: School populations are not affected by the use. Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION The proposed conditional use for an automobile service station (fuel sales) is consistent with the land use policies of the Comprehensive Plan for the Suburban Area. The building elevations and site plan provided are consistent with the Special Area Development Guidelines for Suburban Areas. Staff finds that the applicant has submitted an acceptable design for the canopy, which will match the materials and colors of the proposed new building. Access and maneuverability to the site and within the site are acceptable. Additionally, the proposed location of the fueling facility is in an area that will not affect the operation of the retail store that will also be located on the site. Staff, therefore, recommends approval subject to the conditions listed below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted Conditional Use Site Plan, dated 2/28/12, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted Page 3

4 on the site plan is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps, and kiosk shall be constructed in substantial accordance with the submitted elevation Kroger Fuel R-540 Holland Windsor, dated February 28, Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall be recessed and lighting levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society. 4. Signage for the proposed use shall be limited to that which is allowed by the City Zoning Ordinance. Striping on the 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 externally illuminated. 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, on the canopy or the canopy columns, or light poles. 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs, or flag style signs on the site. 6. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere within the facility area. 7. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 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 CANOPY AND KIOSK ELEVATIONS Page 7

8 1 2 2 ZONING HISTORY # DATE REQUEST ACTION 1 04/26/11 07/10/01 CUP (indoor recreational facility) MOD REZ (A-12 Apartment to Conditional B-2 Approved Approved Business) and CUP (automotive repair) 2 07/10/01 REZ (A-12 Apartment & R-7.5 Residential to Conditional B-2) MOD (A-12Apartment, R-7.5 Residential & B-2 Business to Conditional A-12 Apartment with PD-H2 Overlay) Approved Page 8

9 DISCLOSURE STATEMENT Page 9

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14 DISCLOSURE STATEMENT Page 14

8 February 9, 2011 Public Hearing APPLICANT: 7-ELEVEN, INC.

. 8 February 9, 2011 Public Hearing APPLICANT: REQUEST: Conditional Use Permit for an automobile service station with a convenience store ADDRESS / DESCRIPTION: 2448 Nimmo Parkway PROPERTY OWNER: COURTHOUSE