10 October 14, 2015 Public Hearing

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1 10 October 14, 2015 Public Hearing APPLICANT: PROPERTY OWNER: VIRGINIA BEACH BEACON BAPTIST CHURCH STAFF PLANNER: Stephen J. White REQUESTS: A. Change of Zoning (R-20 Residential District to Conditional B-2 Community Business District) B. Modification of Conditions of a Conditional Use Permit for a Religious Use (Church) approved by the City Council on November 9, 1987 ADDRESS / DESCRIPTION: 2301 Newstead Road (southwestern corner of Newstead Drive and Nimmo Parkway) GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: Current Total Church (after rezoning) Grocery Store (after rezoning) 5.00 acres 2.49 acres 2.51 acres AICUZ: 65 to 70 db DNL AICUZ (Sub-Area 2) BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Change of Zoning for half of a five-acre parcel from R-10 Residential District to Conditional B-2 Community Business District for the purpose of developing the rezoned site with a grocery store. The existing five-acre parcel was created in 1987 when it was subdivided from the Red Mill Farm residential development, and labeled as Church Site. On November 9, 1987, the City Council granted a Conditional Use Permit for a church on the site. There was no site or building plans with that Use Permit, and the only conditions consisted of prohibiting access to and from Nimmo Parkway and requiring stormwater management. Page 1

2 On November 11, 2007, the City Council approved a Modification to the 1987 Use Permit. The Modification allowed the addition of two modular classroom buildings at the front of the church. A condition restricting the period of time that the modular units could remain on the site was included as part of the Use Permit: The modular trailers shall be limited to a period of five (5) years, at which time, if no complaints pertaining to the trailers have been received by the Planning Department, administrative approval may be granted for incremental extensions of two years. The initial five-year period ended on November 11, 2012; however, there have been no reported complaints pertaining to the trailers, and thus, the Use Permit remains valid. The church is now requesting an additional Modification of the 1987 Use Permit for the purpose of reducing the area of the existing site subject to the Use Permit. The area requested for the zoning change would no longer be included as part of the church s Use Permit, reducing the area from 5.00 acres to 2.49 acres. Details - Site The proffered site plan shows the 17,825 square foot retail grocery store building located 150 feet from the Nimmo Parkway right-of-way, 80 feet from the Newstead Road right-of-way, 100 feet from the southern lot line, and between 80 feet and 120 feet from the lot line to be created between the subject site and the store. The size of the store is slightly above but comparable to that of a Walgreens, CVS, or similar retailer. The floor area of those stores is generally between 16,000 square feet and 18,000 square feet. Access to the site is shown on Newstead Drive at a new location approximately 100 feet south of the existing access point to the church site. This access point provides a direct connection to the church s existing driveway. The new location has been reviewed and approved by Traffic Engineering. The entrance to the store is shown at the northeast corner, facing the intersection of Nimmo Parkway and Newstead Drive. The entrance is covered by a canopy that wraps around both sides of the building, covering a total of 714 square feet of outdoor area. As is increasingly common with new retail and office construction, the surface area from the entrance to the drive aisle and parking area gradually slopes such that the pavement of each is at the same level where they meet. Bollards are installed along the edge where the surfaces meet to ensure vehicles do not enter the sidewalk area. Two handicapped-accessible parking spaces are located on each side of the canopied entrance area. A five-foot wide sidewalk wraps around the north and east sides of the building, providing access to parking spaces located directly adjacent to those sides of the building as well as to a walkway across the southern parking lot access. That walkway then links to the sidewalk located on Newstead Drive. There is also a five-foot wide pedestrian walkway through the parking lot on the north side of the site. The walkway links the front entrance of the store to the existing sidewalk on Nimmo Parkway. The majority of the parking is located between the north side of the store and Nimmo Parkway. The remaining parking is located on the Newstead Drive side of the site. Based on the floor area of the store, the Zoning Ordinance requires 72 parking spaces; the site plan shows 76 parking spaces. Page 2

3 The applicant elected to not locate parking on the south side of the building for the purpose of providing nothing with the exception of a drive and landscaping adjacent to the residential community to the south of the site. The loading area for the store is located on the western (rear) side of the building. As shown on the proffered plan, a delivery truck entering the site would turn right at the rear access drive, and then continue forward into the parking lot on the north side of the building until the driver reaches a point where the driver believes he or she could safely back the vehicle down into the delivery bay. The bay slopes down to a point where it is four feet below grade at the delivery dock. The dumpster is also located at the delivery dock area. The applicant provided a preliminary landscaping plan that shows the landscape plantings proposed for the site as well as the locations for three proposed bioretention rain gardens. Street tree plantings are not shown along Nimmo Parkway, as there is a sanitary sewer line where the trees would be planted. In lieu of those trees, the applicant is proposing the planting of shrubs at a rate of ten shrubs per one medium tree. A 15-foot wide buffer with Category IV Landscape plantings is required on the west and south sides of the site. The applicant has shown on the plan the plantings along the south side, consisting of a double-row of Leyland Cypress trees, five- to six-feet high at planting. No plantings have been shown on the west side; however, the required screening will have to be shown on the site plan submitted to the Development Services Center. Details - Building The building s prominent architectural feature is the store entrance, which is anchored by a hipped-roof tower element with a wide eave and decorative brackets along the cornice. The peak of the tower is 33 feet above ground level. The roof is clad with standing-seam metal in a copper color. Beneath the cornice level of the tower, each side of the façade is primarily clad with aluminum composite panels in a bright silver color. The composite panels are framed by dark brown modular brick. The north and east sides of the tower are also the location of the main wall signs identifying the store. The canopy over the store entrance is located at 11 feet above the ground level, supported from above by hanger brackets, and is clad with the bright silver aluminum composite panels. The canopy covers the area of the entrance doors as well as the aluminum storefront system that extends one bay on the east side and two bays on the north side of the main entrance. The area of the façade located on both sides of the tower feature is approximately four feet higher than the majority of the building, which is 20 feet in height. It, as well as the remainder of the building, is topped with a wide cornice feature in EIFS material. The exterior façade above the canopy in this area is clad with slate gray aluminum composite panels. The remaining exterior façade of the building consists of alternating brick patterns featuring both horizontal bands and vertical pilasters. On the north and east sides of the building wall sconces for lighting are centrally located within the recessed area of each pilaster. The lighting is located 8 feet high. The east side of the building also features 2-6 high clear glass storefront windows located 12 feet above the ground level, installed three panels to each bay of the building exterior. The north side of the building also features the same windows except only one of the bays has clear glazing. The other two bays consist of dark spandrel glazing. The delivery dock is located on the western side of the building. The beginning of the downward slope of the delivery bay begins 205 feet from the Nimmo Parkway right-of-way and the dock Page 3

4 ends 280 feet from the right-of-way. The delivery area is not visible from the south, as a portion of the building wraps around the south side of the delivery area. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The site is currently used for church purposes. A church is located on the western part of the property. The eastern portion is used for special events and as part of an annual Christmas tree sale. SURROUNDING LAND USE AND ZONING: North: Nimmo Parkway Single-family residential / R-7.5 Residential District South: Single-family residential / R-20 Residential District East: Newstead Drive / B-2 Business District West: Multifamily and retail / B-4 Mixed-Use District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features located on the site. There are less than ten mature trees on the proposed development site. The western half of the site has a larger clump of trees. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses (pp. 3-1, 3-2). IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located adjacent to the intersection of Nimmo Parkway and Newstead Drive, with access proposed from a single location on Newstead Drive that will be shared with the existing church. Nimmo Parkway is a four-lane major urban arterial, and is shown as a 4- to 6-lane parkway with a variable right-of-way width (110 to 165 feet) on the Master Transportation Plan. There are no proposed projects for this section of Nimmo Parkway. Newstead Drive is a two-lane minor collector street and there are no proposed projects for this section of Newstead Drive. Page 4

5 TRAFFIC: Street Name Newstead Drive Nimmo Parkway Present Volume 2,500 ADT 1 (2012) 23,100 ADT 1 (2015) Present Capacity 9,900 ADT 1 (LOS 4 D - Capacity) 27,300 ADT 1 (LOS 4 D - Capacity) Generated Traffic Existing Land Use 2 43 ADT 5 at Peak Hours Proposed Land Use 3 1,728 ADT 160 at PM Peak Hour 1 Average Daily Trips 2 as defined by 2.5 acres of R-20 zoning 3 as defined by 18,000 SF grocery store (see additional information below) 4 LOS = Level of Service Traffic Engineering Comments: The trip generation shown for this proposed discount grocery use was derived using the best available information for this type of small discount grocery stores. There is very little trip generation data available for grocery stores with less than 50,000 SF of floor area. There is an existing two-way left turn lane on Newstead Drive to serve this proposed development and a right-turn lane will not be required on Newstead Drive into this site because Newstead is a minor collector roadway. Traffic Engineering will provide detailed comments on the proposed site layout at the site plan submittal stage. WATER: This site currently connects to city water. The existing 5/8-inch meter (City ID # ) can be used, or upgraded, to accommodate the proposed development. If the intent is to subdivide the existing parcel, a separate water service line will be required for the new parcel. Accommodation of the existing water service for the church, which goes through the proposed parcel, must be made. There are existing 16-inch and 12-inch City water mains in Nimmo Parkway. There is an existing 10-inch City water line in Newstead Drive. SEWER: The site currently connects to City sanitary sewer. Analysis of Pump Station #608 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. If the intent is to subdivide the existing parcel, a separate sanitary sewer service lateral will be required for the new parcel. Accommodation of the existing sanitary sewer service lateral for the church, which goes through the proposed parcel, must be made. There is an existing 42-inch HRSD force main in Nimmo Parkway. There is an existing 10-inch City gravity sanitary sewer main on Newstead Drive. EVALUATION AND RECOMMENDATION The applicant s request for a Change of Zoning from R-10 Residential District to Conditional B-2 Community Business District for the purpose of developing the rezoned site with a grocery store is acceptable. The church s request to modify its Use Permit to delete the area being rezoned from the area subject to the Use Permit is equally acceptable. The applicant has given thoughtful consideration to the vehicular access point for the site, the location of Page 5

6 the main activity away from the adjacent residential area to the south, and the design of the building through the use of brick in a variety of patterns to provide the façade with interest. The applicant s proffered plan shows the delivery area on the least visible side of the building, separated from the adjacent residential area by a section of the store, and visibly screened from the property to the west and from Nimmo Parkway by required landscaping. The distance of the store from the residential area as well as the installation of a double-row of five-foot to six foot tall Leyland cypress trees along the southern lot line is instrumental in the reduction of any potential negative impacts. The use of the site for retail is appropriate at this location. The adjacent Red Mill Commons shopping center and the surrounding retail and offices developed around it comprise one of the city s largest commercial centers and possess long-term stable tenancy. The size of the store contributes to its appropriateness at this location, as the size is only slightly greater than that of a Walgreens or CVS store. With regard to the request of the church to decrease the size of the church site to 2.49 acres, Staff finds that the request is reasonable. Section of the Zoning Ordinance, which provides Use Permit requirements and limitations for Religious Uses, requires a minimum lot area of three acres for such uses. Section 221(i), however, allows the City Council for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations from the following requirements otherwise applicable to the proposed development... Minimum lot area requirements.... The reduction of the church s lot area is such that the resulting lot area is only deficient by 0.51 acre (22,216 square feet). Staff concludes that there would be no significant detrimental effects on surrounding properties by allowing the deficiency in lot size. Moreover, the current Use Permit for the church restricts the church building and site layout to its current configuration. Accordingly, if the church desires to expand in the future, the church will need to modify the Use Permit again, and any measures needed to ensure compatibility to the surrounding area can be addressed at that time. Based on the above, and a finding that the proposal is consistent with the policies and recommendations of the Comprehensive Plan for the Suburban Area, Staff recommends approval of the Conditional Change of Zoning as proffered and the Modification of the Conditional Use Permit with the conditions 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 developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "ALDI INC. NIMMO PARKWAY NEWSTEAD DRIVE", dated June 8, 2015, and prepared by Kimley-Horn and Associates, Inc. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: The architectural style and quality of materials used for the grocery store to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled "Exterior Elevations", Page 6

7 dated April 3, 2015, and prepared by MS Consultants, Inc. (the "Exterior Elevations") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: 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 provide assurance that the site and building designs for the proposed grocery store will be at a quality level and with features that will ensure compatibility with the surrounding area and consistency with the Comprehensive Plan. The City Attorney s Office has reviewed the proffer agreement dated June 30, 2015 and found it to be legally sufficient and in acceptable legal form. CONDITIONS OF MODIFED USE PERMIT All conditions of the original Conditional Use Permit, approved by the City Council on November 9, 1987, and as modified on November 11, 2007, are deleted and replaced with the following: 1. The location and configuration of the church (including the modular classroom units) shall remain in its current location and configuration. 2. There shall be no additional improvements to the site without a modification of this staff report. 3. As provided for in Section 221(i) of the City Zoning Ordinance, the minimum lot area for the church shall be 2.49 acres instead of the required 3 acres. This deficiency shall be allowed based upon a finding that there is sufficient cause and there will be no significant detrimental effects on surrounding properties. 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 or 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. Page 7

8 AERIAL OF SITE LOCATION Page 8

9 PROPOSED SITE PLAN (showing access point for store and church) Page 9

10 Nimmo Parkway 15 Category 4 Buffer Newstead Drive SITE PLAN (WITH LANDSCAPE PLANTINGS AND BIORETENTION GARDENS Planting Key on Next Page) Page 10

11 1 2 (1) PLANTING KEY FOR LANDSCAPE PLAN ON PREVIOUS PAGE (2) EXAMPLE OF PROPOSED BIORETENTION RAIN GARDEN Page 11

12 PROPOSED BUILDING ELEVATION Page 12

13 CUP = Conditional Use Permit REZ = Rezoning CRZ = Conditional Rezoning MOD = Modification of Conditions or Proffers NON = Nonconforming Use STC = Street Closure FVR = Floodplain Variance ALT = Alternative Compliance SVR = Subdivision Variance # DATE REQUEST ACTION 1 09/08/2009 CRZ (Conditional O-1 & R-20 to Conditional B-2) Approved 08/08/1995 CRZ (R-20 to Conditional O-1) Approved 2 01/22/2008 CRZ (AG-2 to Conditional B-4 Mixed-Use) Approved 3 11/22/2005 CRZ (Conditional O-1 to Conditional O-1) Approved 11/23/1993 CRZ (R-20 to Conditional O-1) Approved 4 05/27/2014 CRZ (R-20 Residential to Conditional B-2 Community Business) Approved ZONING HISTORY Page 13

14 DISCLOSURE STATEMENT Page 14

15 DISCLOSURE STATEMENT Page 15

16 DISCLOSURE STATEMENT Page 16

17 DISCLOSURE STATEMENT Page 17

18 (taken from DISCLOSURE STATEMENT Page 18