4 February 11, 2015 Public Hearing

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1 4 February 11, 2015 Public Hearing APPLICANT: TAKE 5 OIL CHANGE, LLC PROPERTY OWNER: 1928 LASKIN RD, LLC (C/O TERRY VEITH) STAFF PLANNER: Graham Owen REQUEST: Conditional Use Permit (Automobile Repair oil change facility) ADDRESS / DESCRIPTION: 1928 Laskin Road GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 30,056 square feet (0.69 acres) AICUZ: Greater than 75 db DNL (APZ-1 [southeastern corner] and APZ-2 [majority of site] BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit to develop the site with an automobile repair facility. A Conditional Use Permit for a motor vehicle service station with fueling pumps and three service bays was approved for the site by City Council on April 14, City records indicate that the service station was replaced in 1985 with a new service station. That service station was demolished in January 2006, and the site has been vacant since that time. The applicant proposes to build a four-bay, 1,980 square foot oil change facility on the site. The site is zoned B-2 Community Business, which requires a Conditional Use Permit for the oil change facility, as Page 1

2 the definition in the Zoning Ordinance of an Automobile Repair Establishment includes oil change service, lubrication, and limited maintenance. The proposed hours of operation are 7:00 a.m. to 7:00 p.m., Monday through Saturday, and 9:00 a.m. to 5:00 p.m. on Sunday. The facility will employ approximately six people per shift. Details Site Layout The submitted site plan depicts a 1,980 square foot standard prototype Take 5 Oil Change facility located on a 30,056 square foot outparcel of the Regency Hilltop Shopping Center. The building will be oriented parallel to Laskin Road, with four service bays facing Laskin Road. The building is set back 65 feet from the public right-of-way (or 99 feet from the edge of curb). A 25-foot Virginia Power easement along the southern lot line prevents any structures or trees from being located any closer to the right-of-way. Six parking spaces and a dumpster enclosure are depicted in the northeast corner of the site. Access and Circulation Vehicle access to the site is currently via two curb cuts along Laskin Road and two on Regency Drive, as well as via cross-access easements with the parcels to the north and west. The proposed site improvements would eliminate the two curb cuts closest to the intersection of Laskin Road and Regency Drive, and replace each with curb and gutter, a four foot sidewalk, and turf. Vehicles waiting for service will queue behind the facility, pull into the bays, and then circulate clockwise to exit the site. Landscaping The site plan depicts a black aluminum fence with brick posts along the southern and eastern property lines, along with a row of foundation shrubs to provide a screen from the adjacent rightsof-way. Eleven small trees will be placed behind this fence to provide an additional layer of screening. The site interior, including the building foundation, parking area, and dumpster enclosure, will include areas of trees and shrubs. Architecture The submitted architectural elevations depict a standard prototype Take 5 Oil Change facility constructed of tan and cream-colored EIFS. A brick skirt wraps around the foundation of the building, providing some variation to the façade. Variation to the flat roof is provided be a tower feature with a dark grey standing seam metal roof, as well as a Hardieplank frieze and EIFS brackets. An air conditioning vent will be installed at the base of the façade facing Laskin Road, and will be screened by low foundation shrubs. Signs The submitted Site Elements Exhibit includes two building-mounted signs as permitted by the Zoning Ordinance. A red OIL CHANGE building sign will be mounted on the tan-colored EIFS band at the top of the building, while a 5 ½ X 4 Take 5 oil can logo will be mounted on the tower will frame. A monument sign with the oil can logo will be placed at the southeastern corner of the lot adjacent to the intersection. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped (most recently used for automobile service station) SURROUNDING LAND USE AND ZONING: North: Restaurant and retail establishments / B-2 Community Business District South: Laskin Road Page 2

3 Across Laskin Road, vacant lot and office building / B-2 Community Business District East: Regency Drive Across Regency Drive, gas station / B-2 Community Business District West: Restaurant / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Wolfsnare Creek sub-watershed and the Chesapeake Bay Resource Management Area. The site cover consists of gravel, asphalt, and cement that remain from a prior development. There are no known features of cultural significance on the site. COMPREHENSIVE PLAN: This property is located in the Hilltop Strategic Growth Area (SGA), as identified by the 2009 Comprehensive Plan. Land use and development within this SGA is provided by the Hilltop SGA Master Plan, adopted by the City Council on August 28, This site is located in one of the six Development Case Studies presented by the SGA Plan. The Case Study areas have specific recommendations based on the greater attention each received during the planning process for the SGA. The Regency Hilltop Shopping Center area is called out as having a high potential for mixed-use and walkable redevelopment. The plan calls for nonresidential mixed-use with building heights up to five stories (pp ). This area represents a key opportunity to create a regional destination for retail shopping, high-quality office space, and beautiful passive park space (p. 48). The implementation plan recommends modifying the existing layout of the shopping center s parking and drive aisles to create a new street grid and central space (p. 48). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin Road at this location is a four-lane divided major urban arterial. In addition to the existing fourlane section of road, there is one two-lane local access road parallel to the mainline portion of roadway on the south side of Laskin Road. The existing right-of-way is 180 feet in width. The Master Transportation Plan recommends a six-lane facility within a 165-foot wide right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service E. Regency Drive is a two-lane divided local street. It is not included in the Master Transportation Plan. Currently, this segment of roadway is functioning at capacity at a Level of Service D. There is a Roadway Capital Improvement Program Project slated for this area. Laskin Road Phase I (CIP 2-156) is for the construction of an eight-lane divided highway within a 160-foot wide right-of-way from Republic Road to Winwood Drive and a six-lane divided highway with multi-use path and sidewalk within a 150-foot wide right-of-way from Winwood Drive to Oriole Drive. These project limits include the intersections at First Colonial Road and at Birdneck Road. Right-of-way acquisition is complete; however, construction will be delayed beyond 2018 due to lack of funding for construction. Page 3

4 TRAFFIC Street Name Present Volume Laskin Road 29,951 ADT 1 Regency Drive (Four-lane urban minor arterial) 9,520 ADT 1 Present Capacity Generated Traffic 17,300 ADT 1 (LOS 4 C ) 31,700 ADT 1 (LOS 4 E ) Existing Land Use 2 0 6,200 ADT 1 (LOS 4 C ) 11,100 ADT 1 (LOS 4 E ) ADT Proposed Land Use ADT 1 Average Daily Trips 2 vacant lot 3 as defined by oil change service 4 servicing bays 4 LOS = Level of Service PUBLIC WORKS / TRAFFIC ENGINEERING: The curb line radii at the Regency Drive entrance needs to be increased to 15 feet in order to meet the City s standards. Future comments will be forthcoming upon a site plan submission. WATER AND SEWER: This site currently connects to City water. This site is connected to City sanitary sewer. Pump Station #260, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of Pump Station #260 and the sanitary sewer collection is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION Staff cannot recommend approval of this application. The use and proposed site plan are not consistent with the long term vision, design principles, and development standards of the Hilltop Strategic Growth Area Plan. Furthermore, the plans do not conform to several mandatory provisions of Sections 243 through 249 of the City Zoning Ordinance, Design Standards for Retail Establishments and Shopping Centers, nor Public Works Specifications and Standards for pedestrian walkways. The following provides the design principles that are used to guide the implementation of the Hilltop SGA, along with a description of the relevance of each to the application. Design Principles for the Hilltop Strategic Growth Area: 1. Build a network of streets to improve traffic flow. Not applicable 2. Provide trails and sidewalks for pedestrians and cyclists. The proposal would not replace the existing substandard sidewalks along the street frontage. The site plan shows four-foot-wide sidewalks to be installed across the vacated curb cuts near the intersection of Laskin Road and Regency Drive, which are one foot short of the Public Works standard (Public Works Specifications and Standards, page 6- Page 4

5 2, 6.3.1). The proposal does include pedestrian markings across the curb cuts to be retained with this development, as well as a five-foot pedestrian connection the Laskin Road sidewalk. No pedestrian connection is proposed to Regency Drive. 3. Provide a mix of retail, restaurants, and office uses. The proposal is for an oil change facility only, and would not contain a mix of uses or be part of a unified commercial center of the type recommended by the SGA Plan. Staff had recommended that the applicant consider alternative designs that include second story office space (either for lease or the office for the facility), or a reorientation of the building that would provide room at the southeast corner for a use that conforms to the provisions of the SGA plan. The applicant has not indicated interest in either of these design alternatives. 4. Build on existing health care, food, and adjacent recreational assets. The proposal is for a prototype oil change facility that does not incorporate or build onto existing assets surrounding the site. The site, however, is located adjacent to two restaurants, and vehicles may utilize cross-access easements to access these restaurants without returning to the street. 5. Match quality of local businesses with equally memorable built setting. The proposal is for a use that, in staff s opinion, does not create a memorable or unique built setting, but rather provides an example of site design that would be better suited for a traditional suburban commercial strip. The applicant has worked with staff to provide attractive building elevations that exceed the Retail Design Guidelines by limiting primary colors and using high-quality building materials. 6. Provide additional transit connections to Hilltop. The site is situated along the 20 and 29 Hampton Roads Transit (HRT) bus routes. An existing bus stop is located across Regency Drive from the site. The site is also located along all four of the alternative alignments considered in the Hilltop SGA plan for the future light rail extension. 7. Comply with AICUZ land use zoning requirements. Uses associated with automobile repair, such as oil change facilities, are compatible uses within the subject site s AICUZ and APZ. 8. Reduce land areas devoted to parking and replace with more productive uses. The proposal limits the amount of space on site used for parking to the minimum required by the City Zoning Ordinance. The submitted site plan does depict a large area of space in the rear of the lot that would not be put into a productive use at this time. 9. Revisit and update old plans for roads and infrastructure. Not applicable. 10. Incorporate an Urban Tree Canopy Program. Not applicable. In addition to the general design principles listed above, the Hilltop SGA Plan also includes specific criteria for development within the Hilltop SGA. These development standards are listed below, along with a description of the standard s relevance to the application. Development Standards for the Hilltop Strategic Growth Area: Page 5

6 Frontage Landscaping 1. Prioritize the street experience The proposed use is almost completely auto-oriented, and prioritizes efficient vehicular ingress/egress rather than the pedestrian experience. The proposal would retain the existing substandard sidewalks along Laskin Road and Regency Drive, and would provide a specific pedestrian connection to the site. As noted at the beginning of the report, the twenty-five foot Virginia Power easement along the southern lot line prevents the applicant from pulling the building closer to Laskin Road. 2. Provide shaded circulation The submitted site plan includes a planting schedule of three large trees and nine small trees. Given the placement of these trees and the adjacent sidewalks along the southern and eastern lot lines in relation to the sun s position in the sky, pedestrians on the periphery of the site would not be shaded during most hours of day. Certain sections of the sidewalk along Regency Drive could expect shade during the late afternoon hours given a tree species with a wide canopy. 3. Provide small setbacks The oil change building would be set back sixty-five feet from the public right-of-way on Laskin Road (ninety-nine feet from the edge of curb) and thirty-six feet from the public right of way (forty-six feet from the edge of curb) on Regency Drive. Staff had requested that the applicant either move the building to the northwest corner of the lot to leave space near the intersection for a more appropriate use, or reorient the building 90 degrees in order to reduce the visual impact of the bay doors from Laskin Road. The applicant s representative has indicated that neither of these reorientations would be proposed for this site, although staff has found at least one other Take 5 facility built elsewhere with such an orientation. 4. Create large sidewalks for pedestrian walkability, outdoor seating, and landscaping The site plan depicts four-foot wide sidewalks along Laskin Road and Regency Drive to be installed with the proposal, which are not designed to the current five-foot wide Public Works Standard. In addition, the Hilltop SGA plan calls for an 8 to 10-foot shared use path along Laskin Road in this vicinity. Staff had requested that the applicant consider replacing the sidewalks accordingly, and the applicant did not indicate that this would be proposed with this application. Street Furnishings 1. Located approximately within the public realm of streets The submitted site plan does not provide for any street furnishings, either on site or in the adjacent right-of-way. Staff had requested that the applicant consider providing a pocket park or other active open space feature on the site, and the applicant did not indicate that this would be proposed with this application. 2. Proper frequency and affixed to the ground The submitted site plan does not provide for any street furnishings, so this standard is not applicable. 3. Help to define the pedestrian realm and provide amenity for alternative forms of transportation Page 6

7 Exterior Signage The submitted site plan does not include any street furnishings, although the black aluminum fence and street front shrubs and trees provide continuous landscaping along the rights-of-way on Laskin Road and Regency Drive to define a wide pedestrian realm. No specific provisions are made for alternative forms of transportation. 1. Appropriately located to be readable and accessible to pedestrians. The signage depicted in the submitted building elevations is readable to pedestrians, but is scaled and placed on the site to be viewed from a vehicle. 2. Well designed and graphically clean. The submitted sign exhibit includes a total of three signs, all of which have a clean appearance that meet the Zoning Ordinance requirements. 3. May be mounted on light poles and suspended from buildings. Not Applicable. 4. Encouraged materials include painted wood and sheet aluminum. A description of the sign materials was not included with the application. Lighting 1. Architectural design which adds to character and sense of place Lighting has not been addressed in the site plan, although the architectural elevations depict building-mounted light fixtures on three facades of the facility. The applicant s representative has indicated that these fixtures would project light downwards to accentuate the checkered patterns on the bay door columns. 2. LED, dark-sky lighting Not applicable. 3. Tool-less entry fixtures for easy maintenance Not applicable. Parking Surface Lots 1. Generally located at the rear or to the side of buildings Parking is limited to the interior and rear of the site. 2. Buildings provide screening along primary streets; shade trees, landscaping, and low walls provide screening along secondary and tertiary streets The building is setback 65 feet from the right-of-way and 99 feet from the edge of curb along Laskin Road, which is the primary street in the vicinity of this application. At such a distance, the building is not able to fully screen the parking except from a northwestfacing vantage point at the intersection of Laskin Road and Regency Drive. As mentioned earlier, the parking area is screened with shrubs and trees. 3. Minimal visibility should occur along primary streets Page 7

8 The primary entrance to the site is located within the VEPCO easement, which limits the amount of screening that can be provided. 4. Wayfinding methods should be clear for access of pedestrians and vehicles Vehicle wayfinding arrows are depicted on the site plan to guide internal circulation, as is a five-foot-wide pedestrian crossing across the drive aisle. Pedestrian walkways are proposed to connect the sidewalks across the two drive aisles. Retail Design Standards for Out-Parcels in Shopping Centers (Sections of the Zoning Ordinance): The proposal does not conform to several mandatory provisions of the Zoning Ordinance s Design Standards for Retail Establishments and Shopping Centers. These standards provide baseline criteria for the site and architectural design of retail establishments and shopping centers located outside of the Strategic Growth Areas where unique, district-level zoning has not yet been adopted, such as the OR Oceanfront Resort District and the CBC Central Business Core District. The relevant sections of the zoning ordinance that apply but are deficient with this proposal are outlined below. Section 246(d). Site design; Pedestrian Access. (1) Sidewalks shall be located along public rights-of-way in accordance with department of public works engineering specifications and standards. The sidewalks in proximity to the site are too narrow and not in accordance with Public Works standards. (2) Connecting internal pedestrian walkways, no less than five (5) feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all anchor tenant buildings on the site. Outparcels shall be connected to each other, to the main shopping center and to the public sidewalk system by pedestrian pathways. In addition, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and parking areas. The submitted site plan would replace existing curb cuts with new and substandard sections of the sidewalk along Laskin Road and Regency Drive. No pedestrian walkway is proposed from the building to Regency Drive. (3) Entrances shall include weather protection features such as awnings or arcades having a width at least double that of the doorways over which they are located. The door depicted on the architectural elevations does not contain such a feature. (4) All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks, scored concrete or other architectural treatments to enhance pedestrian safety and comfort. A description of the material to be used for the proposed pedestrian crosswalks has not been provided. Summary The site plan depicts the oil change facility in the middle of the lot, rather than pulled up to the street on Laskin Road or Regency Drive due to the prohibitive design constraints of the Virginia Power easement. Page 8

9 While the easement on the site prevents a site design with a typical urban building height-to-street-width ratio along Laskin Road as is desired in the Hilltop SGA, a different use and site design could still provide a more pedestrian-oriented space and desirable activation of the store frontage. Also, the placement of the facility in the middle of the lot prevents another use from co-locating on the site in the future that could foreseeably conform to the provisions of the SGA Plan. Staff had requested that the applicant consider reorienting the facility to the rear of the lot for this purpose, but the applicant has indicated that streetfront visibility is necessary for their business model. Land uses primarily oriented to the movement, parking, and service of automobiles, such as an Auto Repair Establishment, are not recommended for the Hilltop SGA. Such uses are inconsistent with the long term vision for Hilltop as a major urban office and retail destination in an urban pattern. Of significance, since customers do not normally leave their vehicles for the duration of their time on the site, the use is almost completely auto-oriented, devoid of the pedestrian activity that serves as one of the key design principles of the Hilltop SGA Plan. Staff recommends denial of this request. Page 9

10 AERIAL OF SITE LOCATION Page 10

11 PROPOSED SITE PLAN Page 11

12 PROPOSED SITE PLAN (ENLARGED) Page 12

13 PROPOSED ARCHITECTURAL ELEVATIONS Page 13

14 SIGN DETAILS Page 14

15 ZONING HISTORY # DATE REQUEST ACTION 1 04/14/ /14/1969 Change of Zoning CL-2 Limited Commercial to CG General Commercial District Conditional Use Permit Gas Supply Station Approved Approved 2 01/11/ /10/ /12/ /27/ /08/1969 Modification of Conditions Auto Sales and Service Conditional Use Permit Expansion of Auto Sales Conditional Use Permit Auto Rental Conditional Use Permit - Auto Sales and Service Conditional Use Permit - Auto Sales Approved Approved Approved Approved Approved 3 01/17/1977 Conditional Use Permit - Convenience Store with Fuel Sales Approved 4 05/09/ /26/1997 Conditional Use Permit Expansion of Auto Sales Conditional Use Permit Auto Sales and Service Approved Approved 5 06/08/1999 Conditional Use Permit Auto Sales And Service Approved Page 15

16 Page 16

17 Page 17

18 Page 18

19 DISCLOSURE STATEMENT Page 19

20 DISCLOSURE STATEMENT Page 20

21 Page 21

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