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

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1 7 February 9, 2011 Public Hearing APPLICANT: PROPERTY OWNER: COURTHOUSE MARKETPLACE OUTPARCELS, L.L.C. STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Change of Zoning approved by the City Council on June 8, 2004, and modified on March 27, 2007 ADDRESS / DESCRIPTION: 2448 Nimmo Parkway 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 modification of the proffer agreement 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 Conditional Rezoning from AG-1 and AG-2 Agricultural and B-1 Limited Business District to B-2 Community Business District was approved by the City Council on June 8, 2004, and modified on March 27, The Conditional Rezoning has seven proffers: 1. When the Property is developed, the grocery store / retail facility shall be developed and landscaped substantially as shown on the exhibits entitled (a) COURTHOUSE MARKETPLACE, Page 1

2 dated 6/3/03, prepared by Engineering Services, Inc., and (b) PROPOSED DEVELOPMENT COURTHOUSE MARKET PLACE, Virginia Beach, VA., dated June 03, 2003, prepared by HBA which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the Conditional Site Plans ). A detailed landscape plan for the Property which is coordinated with the Grantee s landscaping plans for Nimmo Parkway and Ferrell Parkway/Princess Anne Road must be approved by the Planning Director prior to issuance of a building permit. The landscape plan for the Property will require that at least thirty percent (30%) of the new trees to be planted will be evergreen trees. 2. The Conceptual Site Plan depicts outparcels and illustrates a possible development layout for each. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the Planning Director, prior to issuance of a building permit. The Planning Director shall determine that each building on an out parcel is appropriately oriented along the principal drive isles in a manner that promotes a main Street atmosphere. 3. The architectural design and building materials of the grocery store / retail structure to be constructed on the Property shall be substantially compatible with the architectural style and materials depicted on the two (2) exhibits entitled :PROPOSED DEVELOPMENT COURTHOUSE MARKETPLACE dated June 3, 2003, prepared by HBA, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the Elevation Plans ). 4. When the Property is developed, no internally illuminated, building mounted signage will be permitted. Outparcels, as depicted on the Conceptual Site Plan shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road and one along the frontage of Nimmo Parkway. 5. The following uses shall not be permitted on the Property: automobile repair facilities, automobile service stations, bingo halls, car wash facilities, flea markets, heliports and helistops, miniwarehouses, motor home sales and motor vehicle sales and rentals. In addition, on Outparcels designated 1 and 2 on the Conceptual Site Plan, no drive through uses shall be permitted. On the Outparcel designated 3, no drive through associated with a restaurant shall be permitted. 6. When the Property is developed, a public use, ingress/egress easement shall be dedicated over the two drive aisles/access roads which traverse the Property perpendicular to Nimmo Parkway curb cuts on Nimmo Parkway to the northwestern boundary line of the Property, as depicted on the Conceptual Site Plan, from the eastern most drive aisle, subject to the owner(s) of Lot 16 and Lot 22A executing a reasonable shared maintenance agreement with the Party of the First Part which reflects a reasonable sharing of construction and maintenance costs for the drive aisles and associated landscaping. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of all applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The property owner requested and approved for a modification of proffers on March 27, 2007 to allow development of the out parcels with a WaWa Convenience store and gasoline pumps and a drive-through associated with a restaurant. Proffer 2 referenced the conceptual site plan, which depicted the possible Page 2

3 development layout for each outparcel. Proffer 5 limited the proposed uses on the outparcels, and limited drive-through uses to Outparcels 1 and 2, and did not permit drive-through uses in conjunction with a restaurant on Parcel 3. The proffers were modified to the following: PROFFER 1: Proffer number 2 in the 2003 Proffers is amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the Conceptual Site Layout & Landscape Plan of WAWA AT COURTHOUSE CENTER, dated 05/01/06, prepared by MSA, P.C. (hereinafter referred to as the Modified Partial Conceptual Site Plan ), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. The Planning Director shall determine that each building on an outparcel is appropriately oriented along the principal drive aisles in a manner that promotes a main street atmosphere. PROFFER 2: Proffer numbered 5 in the 2003 Proffers is amended to read: The following uses shall not be permitted on the Property: automobile repair facilities, bingo halls, car wash facilities, flea markets, heliports and helistops, mini-warehouses, motor home sales and motor vehicle sales and rentals. In addition, on Outparcels designated 1 and 2 on the Modified Partial Conceptual Site Plan, no drive-thru associated with a restaurant shall be permitted. On the Outparcel designated 3, a drive-thru shall be permitted, provided the drive-thru pick-up window is located on the north side of the building and the drive-thru is not used in conjunction with a Quick Service Restaurant. PROFFER 3: When any outparcel on that portion of the Property depicted on the Modified Partial Conceptual Site Plan is developed, the Central Plaza Feature shall be created substantially as shown on the exhibits entitled Conceptual View of Courthouse Marketplace Plaza and Detail of King Neptune, Courthouse Marketplace Plaza, dated 5/31/06, prepared by HBA, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Central Plaza Exhibits ). PROFFER 4: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers recorded in the Clerk s Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # , save and except, Proffers 2 and 5, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. The applicant and the property owner are requesting a modification to Proffers 2 and 4 to allow a strip retail center, 7-Eleven Convenience store and gasoline pumps. Again the proposed layout of the out parcels may change with future development. 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 Page 3

4 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. 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 (CIP 2.305) project is underway to widen Princess Anne Road to a divided four-lane section with multi-use Page 4

5 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 outparcel 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 this application s subject site. That 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 outparcel 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 submitted for 7-11 shows the 7-11 accessing the private access street from Princess Anne Road into Courthouse Marketplace. Be advised that this is a one-way street that will allow leftturns into the 7-11 and out of the 7-11, but right-turns from 7-11 towards Princess Anne Road will never 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 5

6 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 The request for a modification of the proffer agreement to allow development of a 7-Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center 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 this request with the submitted proffers acceptable. 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: Proffer number 2 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the Conceptual Site Layout & Landscape Plan of 7-ELEVEN AT COURTHOUSE MARKETPLACE, dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the Revised Modified Partial Conceptual Site Plan ), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. Page 6

7 PROFFER 2: Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the Revised Modified Partial Conceptual Site Plan, all parcels depicted in the Revised Modified Partial Conceptual Site Plan and those outparcels decocted on the original Conceptual Site Plan, which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and an internally illuminated monument sign on Parcel 1. PROFFER 3: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk s Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # and , save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. STAFF COMMENTS: The City Attorney s Office has reviewed the proffer agreement dated January 24, 2011, and found it to be legally sufficient and in acceptable legal form. 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. Page 7

8 AERIAL OF SITE LOCATION Page 8

9 PROPOSED SITE PLAN Page 9

10 PROPOSED BUILDING ELEVATION Page 10

11 # 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 11

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