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

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1 . 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 MARKETPLACE OUTPARCELS, L.L.C STAFF PLANNER: Faith Christie GPIN: ; ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: Parcel acres Parcel acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant is requesting a Conditional Use Permit to allow development of a 7-Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center. The site is currently approved for the development of a WaWa Convenience store and gasoline pumps. The western portion of the site contains the main retail center and several freestanding buildings. This part of the center is designed following the grid pattern established within the existing municipal center complex. The main retail center is designed with projections and recesses and varying facades and rooflines that will invoke a main street atmosphere. There is a wide sidewalk provided along the front of the main retail center that could include outdoor cafes, seating areas and landscaping. The walkway itself is designed with brick paver accents to define café areas and store entrances. Page 1

2 The submitted site development plan depicts a 7-Eleven convenience store, a canopy with four fueling stations, and a future retail area. Nineteen parking spaces, future parking, and landscaping are also depicted on the plan. Access to the site is via the internal roads in the shopping center. Pedestrian access to the site will be via defined sidewalks to the shopping center and the adjacent roadways. A plaza with benches and landscaping, as well as a freestanding monument sign are depicted in the southeastern portion of the site. The proposed building and canopy are similar in architectural design as the existing Courthouse Marketplace shopping center. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND USE AND ZONING: North: Princess Anne Road South: Nimmo Parkway East: Courthouse Complex West: Vacant property /O-2 Office NATURAL RESOURCE AND CULTURAL FEATURES: There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan considers the subject parcel as being within the Historic Princess Anne Center, a subarea of Princess Anne Commons. It is not the intent of the Comprehensive Plan for this area to become part of the urban area north of the Green Line. Instead, the general goals for the land uses of this area are to encourage quality-planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. These goals include major transportation projects such as the widening of Princess Anne Road and the connection of Nimmo Parkway to General Booth Boulevard. Both are major roadways and integral parts of the City transportation system. The Comprehensive Plan recognizes that, when completed, Nimmo Parkway will be the major east-west arterial roadway in this area. (p. 4-1, 4-3) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road adjacent to the site is a two-lane undivided suburban major arterial. The Princess Anne Road Phase IV Page 2

3 (CIP 2.305) project is currently underway to widen Princess Anne Road to a divided four-lane section with multi-use paths. Completion of this VDOT-administered project is scheduled for June 5, Nimmo Parkway adjacent to the site is a four-lane divided suburban major arterial that currently terminates at Princess Anne Road. The Princess Anne Road Phase IV (CIP 2.305) project will extend Nimmo Parkway to Holland Road, and this segment of the project is anticipated to be complete by November Nimmo Parkway will be further extended to General Booth Boulevard by the Nimmo Parkway Phase V-A (CIP 2.121) project, which is scheduled to be advertised for bids in July The site is located on an out parcel of the Courthouse Marketplace shopping center. The approved Traffic Impact Study (TIS) for Courthouse Marketplace did not anticipate a gas station with convenience store outparcel; however, in 2007 the City Council approved a conditional use permit for a Wawa gas station and convenience store at the subject site. The approved permit was for a gas station with sixteen fueling positions; this application is for a gas station with eight fueling positions. Thus, while the current proposal represents an increase in traffic compared to the approved TIS, it will be a reduction in traffic from the previously-approved gas station permit. The subject out parcel does not have direct access to any public street. Through the Courthouse Marketplace shopping center, there are two direct access points to Nimmo Parkway. There is also an approved right-in only access point on Princess Anne Road that has not yet been connected to Princess Anne Road. The approved Courthouse Marketplace TIS stipulated that if a traffic signal were to become warranted at either access point on Nimmo Parkway, this signal would be installed at the western entrance which is the intersection of Nimmo Parkway and George Mason Drive. Additionally, the median opening at the eastern entrance (closest to the subject site) would be closed to eliminate left-turn movements. These measures are a Public Works requirement because signalization of the eastern entrance would cause major operational problems for Nimmo Parkway. A full traffic signal surety has been posted by the Harris Teeter, Sun Trust Bank, and Wendy s in Courthouse Marketplace for the signal that will be installed at the Nimmo Parkway/George Mason Drive intersection if a traffic signal becomes warranted. Traffic Engineering requested extension of this surety in March As with the Wawa before it, the 7-11 will be required at site plan submittal stage to bond for the cost of roadway improvements required to close the median crossing on Nimmo Parkway at the easternmost entrance to Courthouse Marketplace opposite the judicial Center. The bond will be called if a traffic signal is warranted and is built at the Nimmo Parkway/George Mason Drive intersection. A right-in-only access point for Courthouse Marketplace on Princess Anne Road was approved but never completed. Completion of this access point will be part of the Princess Anne Road Phase IV (CIP 2.305) project. The conceptual site layout shows the 7-Eleven accessing the private access street from Princess Anne Road into Courthouse Marketplace. This is a one-way access that will allow left-turns into and out of the 7-Eleven; however right-turns from the parcel towards Princess Anne Road will not be permitted. TRAFFIC: Street Name Nimmo Parkway Princess Anne Road Present Volume N/A ADT 1 24,500 ADT 1 Present Capacity 34,900 ADT 1 17,100 ADT 1 Future Capacity 34,900 ADT Generated Traffic Existing Land Use 2 2,604 ADT (163 Am Peak Hour/214 PM Peak Hour) Proposed Land Use 3 1,468 ADT (81 AM Peak Hour/136 PM Peak Hour) Page 3

4 1 Average Daily Trips 2 as defined by a WaWa Convenience Store with 16 fueling stations 3 as defined by a 7-Eleven Convenience Store with 8 fueling stations and 3,000 square feet of retail WATER: This site must connect to City water. There is a 12 inch city water main in Nimmo Parkway. SEWER: A variance was approved in March 2006 to allow any separately platted outparcel from Courthouse Marketplace Shopping Center to connect to the shopping center s existing private gravity sanitary sewer. There is a 42 inch HRSD force main in Nimmo Parkway. A 6 inch city force main and an 8 inch private gravity sanitary sewer main are located in an access road adjacent to the site. EVALUATION AND RECOMMENDATION Staff recommends approval of this requested Conditional Use Permit as conditioned below. The request is consistent with the recommendations of the Comprehensive Plan for the area. The site design and building architecture are designed to complement the existing Courthouse Marketplace shopping center. Therefore staff finds the request acceptable. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted Conceptual Site Layout and Landscape Plan of 7-Eleven at Courthouse Marketplace, Princess Anne Road and Nimmo Parkway, Virginia Beach, Virginia, prepared by MSA, P.C., and dated 11/30/10. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building and canopy shall be developed substantially in accordance with the submitted elevation entitled 7 Eleven & Retail Shops at Courthouse Marketplace, Virginia Beach, Virginia, dated January 11, 2011, and prepared by Randolph T. Hicks, Architect. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant / owner shall submit a Lighting Plan and/or Photometric Diagram Plan detailed site plan review. 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. 4. Signage for the site shall be limited to: a. Directional signs; b. One monument style freestanding sign on a brick base to match the building brick and two building and / or canopy signs; c. 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 internally or externally illuminated. d. There shall be no other signage such as LED signs, neon signs or neon accents installed on any wall area of the building, on and or in the windows and or doors, on the canopy, canopy columns, light poles, or any other portion of the site. There shall be no pennants, banners, and or portable signs on the site. 5. The applicant shall install bicycle racks on the site near the entrance of the convenience store entrance. Page 4

5 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 5

6 AERIAL OF SITE LOCATION Page 6

7 PROPOSED SITE PLAN Page 7

8 PROPOSED BUILDING ELEVATION Page 8

9 # DATE REQUEST ACTION 1. 3/27/07 6/8/04 2/13/78 Modification of Proffers and Conditional Use Permit (Automobile Service Station) Rezoning (AG-1 & AG-2 Agricultural and B-1 Business with a Historic and Cultural Overlay) Rezoning AG-1 & AG-2 Agricultural and B-1 Business) 2. 5/10/05 Conditional Use Permit (Communications Tower) 3. 9/27/94 Rezoning (AG-1 Agricultural to R-10 Residential) Withdrawn 4. 2/12/08 10/26/93 Modification Conditional Use Permit (Church) 5. 10/21/85 Rezoning (AG-1 Agricultural to B-2 Business, Modified to B-1 Business) 6. 8/9/95 1/19/81 Modification Rezoning (AG-1 Agricultural to B-1 Business) 7. 9/22/98 Rezoning (AG-2 Agricultural to Conditional B-2 Business) ZONING HISTORY Page 9

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11 DISCLOSURE STATEMENT Page 11

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