Request Conditional Rezoning (R-15 Residential to Conditional B-2 Community Business) Staff Planner Kevin Kemp

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1 Applicant Property Owner Three Five Ministries, Inc. Public Hearing May 11, 2016 City Council Election District Lynnhaven Agenda Item 4 Request Conditional Rezoning (R-15 Residential to Conditional B-2 Community Business) Staff Planner Kevin Kemp Location 929 First Colonial Road GPIN Site Size 3.32 acres AICUZ db DNL Greater than 75 db DNL Existing Land Use and Zoning District Church / R-15 Residential Surrounding Land Uses and Zoning Districts North Medical Offices / O-2 Office South Medical Offices / O-2 Office East First Colonial Road Bank / O-2 Office West Single-family dwellings / R-10 Residential Page 1

2 Background and Summary of Proposal The subject site is currently zoned R-15 Residential and is developed with a church building that includes a chapel, offices, and a gymnasium. City records indicate that the church building was constructed in The metal gymnasium building was added to the site in The initial Conditional Use Permit for the church was approved in A second Conditional Use Permit was approved in The applicant requests to change the zoning on the site from R-15 Residential District to Conditional B-2 Community Business District for the purpose of redeveloping the site with a grocery retail establishment. Site Design o Access to the site will be via an existing signalized entrance along First Colonial Road. o The submitted site layout depicts an 18,850 square-foot building (19,564 square feet including the canopy), located towards the rear of the site. o The proposed parking area will be situated between the building and First Colonial Road, approximately 90 feet from the right-of-way. The 107 planned parking spaces meet the requirements of Section 203 of the Zoning Ordinance related to on-site parking. o The conceptual Landscape Plan depicts a berm, three feet in height, to be installed along the First Colonial Road frontage. The berm will be planted with large street trees and screening shrubs. o The existing vegetation on the rear of the site will remain, and supplemental vegetative screening will be installed containing a mix of large evergreen trees, deciduous understory trees, and small evergreen shrubs. o In accordance with the City of Virginia Beach Landscaping Guide, interior parking lot islands will be installed as required throughout the parking lot. o The proposed stormwater management facility is depicted behind the new grocery building. o A freestanding, monument sign is proposed at the entrance to the site and will meet all requirements of the Zoning Ordinance. o The loading area will be located on the side of the building, facing First Colonial Road. A dumpster will be located in the loading area and will be screened by a privacy fence with a minimum height of six feet. Building Design o The submitted building elevations depict a predominately brick facade with EIFS accents near the entrance, a row of horizontal windows on the front facade, and a cornice design feature along the roofline. o The entrance to the building is identified by a change in the roofline, EIFS accent panels, storefront windows and a canopy. A cornice design feature runs along the roofline. o Projected brick columns and decorative horizontal brick accents break up the otherwise expansive brick side walls. o The building signs are shown centered on the EIFS panels over the entrance and on the side of the entry tower feature. These signs will meet the requirements of the Zoning Ordinance. Page 2

3 2 3 Zoning History # Request 1 REZ (R-15 to O-2) Denied 01/22/ CUP (Religious Use) Approved 08/01/1983 CUP (Religious Use) Approved 05/10/ REZ (R-4 to O-2) Approved 02/07/ CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Focus Area 5 - First Colonial Medical Corridor. Sentara Virginia Beach General Hospital anchors a major medical complex along First Colonial Road from Mill Dam Road south to Republic Road. The area includes medical offices, rehabilitation centers, senior housing and a good mix of non-medical uses such as banks, general offices, places of worship and other neighborhood based services. The Plan recommends that priority be given to infill or redevelopment proposals that complement the area s medical and healthcare activities. (pp. 3-20) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 27,300 ADT First Colonial Road 41,090 ADT 1 1 (LOS 4 D ) Existing Land Use ADT 31,700 ADT 1 (LOS 4 E ) Proposed Land Use 3 2,004 ADT 1 Average Daily Trips 2 as defined by 3.3 acres of property zoned R as defined by 19,500 square-foot grocery store 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The site is located on the west side of First Colonial Road at Southall Drive and the access point to this site is the fourth leg of the signalized intersection. First Colonial Road is well over capacity as shown in the above traffic volumes information. First Colonial Road is an ultimate 6 lane major arterial, 150 feet right-of-way on the MTP. There are no proposed projects for this section of First Colonial Road. Page 3

4 Public Utility Impacts Water The site currently connects to City water. There is an existing 16-inch City water main along First Colonial Road. Sewer The site currently connects to City sewer. There is a 12-inch City gravity main along First Colonial Road. Evaluation and Recommendation This request to change the zoning on the subject site for the purpose of redeveloping the property with a grocery retail establishment is not consistent with the Comprehensive Plan s Land Use Guidelines for the First Colonial Medical Corridor. However, Staff believes that due to the property s location in the southern-most portion of the corridor and its close proximity to other retail uses, that this request is appropriate. The site is located within the greater than 75 db noise zone. Applications in this area are evaluated for compatibility with the uses outlined in the Compatible Use Table in Article 18 of the City Zoning Ordinance (Special Regulations in Air Installation Compatible Use Zones). Review of that table reveals that the proposed commercial zoning and the retail use are compatible with the provisions of Article 18. This request will remove from the highest noise zone both an incompatible residential zoning and an incompatible existing assembly use from the site. The initial submittal depicted the addition of an outparcel that was to be created at a later date. This outparcel contained 4,950 square feet of additional retail space. As retail use is recognized as one of the highest traffic generators, and due to the current high volume of traffic along the First Colonial Road corridor, Staff requested that the outparcel be removed from the proposal. In an effort to address ingress/egress safety concerns related to the increase in projected vehicular trips that the grocery store will likely generate, the applicant has entered into an agreement with the adjacent property owner to the north to modify their ingress/egress point. This will improve access for the applicant s property to an existing right-turn lane, on a road that is already over capacity. Fortunately, egress from the site is already controlled and will continue to be controlled with a traffic signal. In addition, Staff has worked with the applicant to revise the internal layout for the parking lot, incorporating stacking lanes for traffic leaving the site at the existing signal. The site has been designed so that no rear vehicular access is required for potentially disruptive activities, such as tractor-trailer deliveries and trash removal. Specifics of the traffic patterns and proposed improvements will be reviewed in more detail during final site plan review. Furthermore, According to the applicant s representative, the applicant has presented the proposal to the adjacent commercial and residential property owners and reported to Staff that there is no known opposition to the request. The applicant has proffered a substantially wide, planted buffer behind the proposed building and along the rear parking spaces to sufficiently screen the adjacent residential properties from the future activities on this site. Additionally, the building has been situated nearly 135-feet from the rear property line to minimize the potential for adverse impacts on the existing residential neighborhood. For the reasons stated above, Staff recommends approval of this request as proffered below. Page 4

5 Proffers 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled ALDI INC. HILLTOP CHURCH, dated February 23, 2016, 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. 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. 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. 3. The following uses will be prohibited on the Property; newspaper printing and publishing; job and commercial printing; repair and sales for radio and television; small wireless facilities; wholesaling and distribution operations; automobile museums; automobile repair garages and small engine repair facilities; automobile service stations; bars and nightclubs; body piercing establishments; borrow pit; bulk storage yards and building contractor yards; fiber optics transmission facilities; mini-warehouses; mobile home sales; passenger transportation terminals; tattoo parlors; drive-through facilities; and liquor stores. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Page 5

6 Conceptual Site Layout Page 6

7 Conceptual Landscape Plan Page 7

8 Conceptual Landscape Plan Page 8

9 Proposed Elevation Page 9

10 Site Photos EXISTING CHURCH BUILDING VIEW ALONG FIRST COLONIAL ROAD (LOOKING SOUTH) EXISTING FRONT YARD Page 10

11 Site Photos EXISTING GYMNASIUM SIDE OF EXISTING BUILDING REAR OF EXISTING BUILDING Page 11

12 Site Photos REAR PROPERTY LINE EXISTING VEGETATION REAR PROPERTY LINE Page 12

13 Disclosure Statement Page 13

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