Applicant Property Owner Steven H. Murden Public Hearing June 14, 2017 City Council Election District Beach Agenda Item 8 Request Alternative Compliance to the prescribed criteria of the Oceanfront Resort District Form- Based Code Staff Recommendation Approval Staff Planner Kristine Gay Location 501 Laskin Road GPIN 24189147690000 Site Size 19,950 square feet AICUZ 70-75 db DNL Watershed Chesapeake Bay Existing Land Use Vacant commercial building Zoning District and Street Frontage Type OR Oceanfront Resort / Shopping 1 & Gateway 1 Surrounding Land Uses and Zoning Districts North Commercial / OR Oceanfront Resort South Commercial / OR Oceanfront Resort East Commercial / OR Oceanfront Resort West Commercial / OR Oceanfront Resort Page 1
Background and Summary of Proposal The applicant is seeking a Special Exception for Alternative Compliance to develop the site with a one-story Commercial Building Type. The site is located in the Oceanfront Resort District; development in this District follows the Oceanfront Resort District Form-Based Code. This code regulates development through prescribed Street Frontage designations and Building Type criteria. The site fronts on the Shopping 1 and Gateway 1 Street Frontages. As prescribed, the Form-Based Code permits only the development of a two-story Mixed-Use Building Type or a Civic Building Type on the subject site. Thus, Alternative Compliance is needed to build the proposed one-story Commercial Building Type. As shown on the site exhibit, the proposed building is placed at the northeast corner of the site where it is set back 10 feet from Laskin Road and 20 feet from Baltic Avenue. Within the building setback. a 1,550 square foot patio seating area, bicycle parking, and non-fixed planters are proposed. Pedestrian entrances are provided on both street-facing facades. Trash, vehicular circulation, menu screen, pick-up window, and parking are provided at the site s interior, to the south. The proposed building materials consists of stucco, wood composite, and concrete, with metal and canvas accents. The glass storefront of the building fronts on both streets and is 13 feet 4 inches in height. The majority of the building is 20 feet in height. The mechanical screening and southwest corner of the building is 23 feet in height. 1 2 3 Zoning History # Request 1 CRZ (A-12 to Conditional RT-3) Approved 07/11/2006 2 CUP (Drive Through)Approved 02/24/2009 3 CUP (Drive Through)Withdrawn 02/24/2009 3 CUP (Drive Through, Bank)Withdrawn 02/26/2010 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use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 Page 2
Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District. The RASAP calls for improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods. Specifically for Laskin Road, the RASAP recommends a street section with a 17-foot-wide sidewalk abutting the adjacent building facades and outdoor amenity space. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Laskin Road 7,891 ADT 1 6,200 ADT 1 (LOS 4 C ) 9,900 ADT 1 (LOS 4 D ) Existing Land Use 2 157 ADT Baltic Avenue 7,772 ADT 1 6,200 ADT 1 (LOS 4 C ) Proposed Land Use 3 1801 ADT 9,900 ADT 1 (LOS 4 D ) 1 Average Daily Trips 2 as generated by a pharmacy 3 as generated by coffee shop with drive-through window 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Laskin in the vicinity of this application is considered a two-lane undivided collector roadway. It is not included in the Master Transportation Plan. Currently, this segment of roadway is functioning near capacity at a Level of Service D. Baltic Avenue in the vicinity of this application is considered a two-lane undivided local street. It is not included in the Master Transportation Plan. Currently, this segment of roadway is functioning near capacity at a Level of Service D. There are no roadway Capital Improvement Program projects slated for this area. Public Utility Impacts Water The site is currently served by public water. The existing water line should be verified and improved, if necessary, to provide adequate domestic water and fire protection. Sewer The site is currently served by public sewer. The existing sewer service line should be verified and improved, if necessary, to provide adequate sanitary sewer service. Encroachments in the right-of-way may impact a 30-inch HRSD asbestos cement force main which is located immediately north of the site. Page 3
Evaluation and Recommendation For the site to be developed with the proposed Commercial Building Type containing the use of an Eating and Drinking Establishment with a Drive-Through Facility, City Council approval is needed for a Special Exception for Alternative Compliance to Section 2.5 of the Oceanfront Resort District Form-Based Code regarding the prescribed height criteria of the Mixed-Use Building Type. As defined by the Form-Based Code, Laskin Road is a Shopping 1 Street Frontage and Baltic Avenue is a Gateway 1 Street Frontage. Where a site fronts on these two Street Frontage Types, the criteria associated with the Shopping 1 Street Frontage Type is followed. The Shopping 1 Street Frontage (Laskin Road) is intended for areas where the highest level of walkability and retail-oriented activity is desired. Shopfronts, outdoor café seating, and other commercial uses are to front wide sidewalks and slower-moving traffic. Residential, office, and hotel uses are to be located above shops and restaurant uses. The Gateway 1 Street Frontage (Baltic Avenue) is meant to carry a higher volume of vehicular traffic than the Shopping 1 Street Frontage. By providing all vehicular ingress/egress to the site from Baltic Avenue, the proposal follows the intent of the Street Frontage Type. The unique placement of the drive-aisle around the nested parking area allows the building and outdoor seating to be placed at the corner of the site, where it provides direct access for pedestrians from both streets. Bicycle parking will be provided along the northern façade, adjacent to the sidewalk on Laskin Road. A public pedestrian easement will be provided along the eastern property line where an 11-foot-deep planted areas will act as a buffer between a five-foot-wide sidewalk and vehicular traffic. This sidewalk will extend to the south beyond the subject site to bridge an existing connectivity gap for pedestrians. The proposed building reaches a height of 23 feet. This is just two feet shy of the minimum prescribed height for the Mixed-Use Building Type. The use of 13-foot-tall storefront windows enhances the perceived height of the building and provides increased façade transparency to the public sidewalk. This creates a built environment that is in-scale with pedestrian oriented activities, current development, and future by-right development options. The site is encumbered by an HRSD easement along Laskin Road and a DVP easement along Baltic Avenue. The applicant has worked creatively within the limitations of these easements as part of the design of the sidewalk, landscaping, patio space, and moveable furniture and planters to be physically and functionally integrated with the built environment. Section 7.3.3 of the Form-Based Code provides the review standards for an Alternative Compliance request. Any development seeking City Council approval for Alternative Compliance must advance the stated goals and objectives of the Resort Area Strategic Action Plan and Oceanfront Resort District Form-Based Code; promote modes of transportation other than the automobile; create a pedestrian-oriented and pedestrian-scaled environment; contribute to a memorable mix of uses; be consistent with the intent of the regulations applicable to the subject street frontage; be physically and functionally integrated with the built environment; and advance the goals and objectives of the parking strategy for the District. In Staff s view, as described above, the proposal results in a pedestrian-scale development that achieves the objectives of these goals and standards. Staff finds that the review standards have been met, and; therefore, recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code, subject to the conditions below. Page 4
Recommended Conditions 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the improvements to the site shall be substantially as shown on the submitted exhibits, titled, STARBUCKS COFFEE COMPANY, PLANT PALETTE, STARBUCKS COFFEE COMPANY, LANDSCAPE PLAN, and STARBUCKS COFFEE COMPANY, SITE PLAN, dated 05/08/2017, as prepared by Timmons Group. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Construction Code or as part of the final site plan review, the structure the structure shall be substantially as shown on the submitted architectural exhibit package titled, SCHEMATIC DESIGN PHASE 1, dated 04.13.2017, as prepared by the Miami Studios. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. At the time of installation, and during subsequent maintenance and/or replacement of the plant material on the site, the planting plan shall be substantially as shown in the exhibits referenced in Condition #1. All plant material must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the exhibits referenced in Condition #1. 4. All mechanical equipment shall be screened from view from the public right-of-way. The location and screening of receptacles for trash and recycling shall follow the applicable City standards. The trash enclosure shall be comprised of materials included in the architectural exhibit package referenced in Condition #2. 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
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Architectural Exhibits (Condition #2) View from the northeast, from the intersection of Laskin Road and Baltic Avenue View from the south, from Baltic Avenue Page 10
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