D5 November 12, 2014 Public Hearing

APPLICANT: 7-ELEVEN, INC.

PROPERTY OWNER: HOG POST LLC.

STAFF PLANNER: Graham Owen

REQUEST: Conditional Use Permit (Convenience Store with Fuel Sales)

ADDRESS / DESCRIPTION:

GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24078559050000 BEACH 1.23 acres Greater than 75 dB DNL

BACKGROUND / DETAILS OF PROPOSAL

Background The applicant requests a Conditional Use Permit to allow the construction of a convenience store with fuel sales. An existing 7-11 convenience store without fuel sales is currently located on the parcel immediately to the west of the site at the intersection of First Colonial Road and Virginia Beach Boulevard. That property, however, will be acquired by the City in the next three years for the First Colonial Road widening project (CIP 2.072). The applicant’s proposal will redevelop the subject parcel with a prototype 7-11 convenience store and a canopied fueling area, with access to both First Colonial Road and Virginia Beach Boulevard.

This application was deferred on September 10, 2014 at the request of the applicant to allow for additional time to work on the site plan.

The site has a history dating back to the 1980s of retail and auto-oriented uses, but has been vacant since the old Plaza Pawn building was demolished in 2009. City Council approved Conditional Use Permits for auto repair and tire sales in 1983 and 1995, as well as a permit for auto repair in conjunction

7-ELEVEN, INC. Agenda Item D5 Page 1 with a truck rental service in 2000. City Council denied a Conditional Use Permit request for motor vehicle sales on the site on December 7, 1999. The Planning Commission also recommended approval of a previous Conditional Use Permit request for fuel sales at the site on January 9, 2001, although the application was ultimately withdrawn by the applicant prior to City Council action.

Details

Site Plan – The applicant is proposing to develop a 2,940 square foot 7-11 convenience store and an adjoining 1,800 square foot retail space. A tenant for the retail space has not been proposed at this time. The development qualifies as a shopping center and is subject to the ‘Design Standards for Retail Establishments and Shopping Centers (Sections 243 through 249 of the City Zoning Ordinance). The submitted site plan depicts a building in the northeast corner of the lot set back approximately 129 feet from the public right of way (188 from the edge of curb) on First Colonial Road and approximately 140 feet from the public right of way (175 feet from the edge of curb) on Virginia Beach Boulevard. This setback would be shortened to approximately 150 feet upon the completion of the First Colonial Road widening project. Gasoline would be dispensed from six fueling stations beneath a canopy located between the building and Virginia Beach Boulevard.

CIP Project – The submitted site plan has been designed to accommodate CIP 2.072, a project to construct additional travel lanes and related improvements at the intersection of First Colonial Road and Virginia Beach Boulevard. The improvements will require the purchase of several properties by the City. The Department of Public Works / Real Estate Office is currently in the process of reappraising properties that will be acquired for the CIP project, and will likely purchase or acquire by condemnation the parcel adjacent to the subject site at the northeast corner of the intersection. Although the entire parcel will be acquired, only a portion of the parcel will be necessary for the current CIP project. The City is retaining the remainder of the parcel for future road improvements beyond the timeframe and scope of the current CIP project. This ‘residue’ parcel will no longer meet the minimum lot area or lot width requirements for commercial uses and structures in the B-2 District, and will, therefore, be practically undevelopable. Earlier discussions with the applicant’s representative indicated that 7-11 may have been able and willing to design, build, and maintain a ‘pocket park’ on the residue parcel in order to enhance the proposed development and provide a desirable pedestrian amenity. However, it has been determined that this would be very difficult and awkward to enforce through this conditional use permit, which is only for the subject parcel. It is important to note that the City has not yet purchased or condemned the residue parcel, and the parcel is currently owned by another party. While the parcel is being used for a 7-11, it is not owned by 7-11. Accordingly, since the owner of that parcel is not one of the applicants for the requested Conditional Use Permit, the offsite improvements cannot be required, and are not shown on the current site plan.

Access, Circulation, and Parking – Vehicles would access the site from two curb cuts, one on First Colonial Road and one on Virginia Beach Boulevard. The applicant is proposing to construct a right-turn lane on First Colonial Road for the interim condition until the intersection is improved. There are existing sidewalks along both roads, and the proposed site plan shows pedestrian paths, constructed of brick pavers to match the building, that connect the storefront to the sidewalks along First Colonial Road and Virginia Beach Boulevard. The plan shows twenty-two vehicle parking spaces, which is sufficient for the site. Bicycle parking is shown on the site plan immediately to the east of the 7-11 entrance.

Landscaping – The site plan depicts foundation landscaping along the southern and western facades of the building, as well as trees interspersed among landscape islands in the parking lot and the abutting drive aisles. Street front shrubs and trees are also depicted along the sidewalks on Virginia Beach Boulevard and First Colonial Road. The building has been pushed approximately eighteen feet further from the eastern property line in order to protect the existing mature tree line to the maximum extent practicable, which will help screen the development from the adjacent nonconforming residences.

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Canopy trees are also depicted along the northern property line, and will help physically define the site from the adjacent property.

Stormwater – The submitted site plan depicts BMPs in two locations. Runoff from the roof will collect in a subsurface infiltration basin immediately to the north of the building. The topographic slope of the site also requires a second BMP in order to collect and treat runoff from the parking lot. This BMP is located to the south of the entrance along First Colonial Road. This area is also subject to an existing drainage easement, which may need to be vacated during detailed site plan review in order to install the facility.

Architectural Elevations – The submitted architectural elevations depict a prototype 7-11 convenience store with a mixture of building materials, colors, and textures. The south elevation shows the entrance to the convenience store, with a canopy structure over the doors and windows. The west elevation shows the entrance for the adjoining retail shell and a false entrance for the convenience store, along with matching canopies. The elevations show a structure with a varied roofline and high parapet walls, downspouts in the rear to direct stormwater, and canopies. The elevations also a mansard roof on the gas canopy, which would have minimal signage consisting of a small 7-11 logo with a white canopy fascia. The canopy would be supported by columns that match the materials used for the main building. The dumpster enclosure also incorporates the materials of the building. The sign package submitted with this application, as well as one of the elevation sheets, indicates that the building, canopy supports, dumpster enclosure, and monument sign base would be constructed of masonry. Quions are depicted on the building corners, and would be constructed of exterior insulation finishing system (EIFS).

LAND USE AND COMPREHENSIVE PLAN

EXISTING LAND USE: Vacant parcel with grass, gravel, and deteriorated asphalt

SURROUNDING LAND North:  Auto repair dealer / B-2 Community Business District USE AND ZONING: South:  Virginia Beach Boulevard  Dwelling / R-5D Residential Duplex District  Vacant lot / O-2 Office District East:  Single-family dwelling / B-2 Community Business District  Vacant lot / B-2 Community Business District West:  Existing 7-11 convenience store / B-2 Community Business District  First Colonial Road

NATURAL RESOURCE AND The site is a vacant parcel covered by grass, gravel, and loose CULTURAL FEATURES: asphalt. There do not appear to be any natural resources or cultural features on the site. The site is located in the Resource Management Area of the Chesapeake Bay Preservation Area.

COMPREHENSIVE PLAN: This property is located in the Hilltop Strategic Growth Area (SGA) as identified by the 2009 Comprehensive Plan and the Hilltop SGA Master Plan, adopted August 28, 2012. The Plan calls for non- residential mixed-use in the vicinity of the subject property, with building heights up to three stories (pp. 39-40). Development Standards in the SGA Plan emphasize enhancing the streetscape through use of

7-ELEVEN, INC. Agenda Item D5 Page 3 wide sidewalks and small setbacks to prioritize the street experience (p. 50).

As noted below in the “MTP / CIP” section of this report, there is a Capital Improvement Program (CIP) Project (CIP 2.072.000) to widen First Colonial Road from Oceana Boulevard to the I-264 interchange. This project includes new sidewalks between five and eight feet wide along the street frontage.

The applicant’s proposed use and planned site and building design as submitted is not consistent with the long term vision and Development Standards of the Hilltop SGA Plan. Gas stations are not a recommended use, as they consume land with automobile-oriented development instead of absorbing office and retail growth and providing a more efficient use of the land in a pedestrian-friendly format. It appears, however, that the applicant’s proposed redevelopment is occurring as a result of right-of-way expansion and road improvements for First Colonial Road. This will leave a very small parcel at the corner with limited development opportunities. A more pedestrian-friendly, urban design would incorporate this remnant parcel at the corner, bringing the building to the street, and placing the fuel pumps and canopy on the interior of the site. This would better capitalize on the City’s investment in roadway improvements, wider sidewalks, and street frontage enhancements on this important corner of the Hilltop SGA.

IMPACT ON CITY SERVICES

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard is a four-lane minor urban arterial with a 120-foot right-of-way width, and is operating at its capacity with a Level of Service (LOS) D. First Colonial Road is a four-lane major urban arterial with 90-foot right-of-way width, and is operating at a LOS F. The intersection of First Colonial Road and Virginia Beach Boulevard is currently the third-highest congested intersection in the City of Virginia Beach. Consistent with the recommendations of the MTP, there is a current CIP project to widen First Colonial Road to six lanes from Oceana Boulevard to the I-264 interchange. The project will also provide other turn lane and traffic signalization improvements to improve safety and capacity at this intersection and through the corridor. The project is currently funded and right-of-way acquisition is underway. Construction is scheduled for 2015 to 2017.

TRAFFIC: Present Street Name Present Capacity Generated Traffic Volume 22,800 ADT 1 (Level of Existing Land Use Service “D”) (subject parcel) – 0 2 Virginia Beach Blvd 17,100 ADT 1 27,400 ADT 1 (Level of Service “E”) Existing Land Use (adjacent 7-11) 3 – 27,300 ADT 1 (Level of 2,288 ADT 1 Service “D”) First Colonial Road 32,300 ADT 1 31,700 ADT (Level of 4 Proposed Land Use Service “E”) – 2,566 ADT 1 Average Daily Trips 2 based on vacant parcel 3 as defined by “Convenience Market” with 3,000 square feet on adjacent parcel 4 as defined by “Convenience Market with Gas Pumps” with 2,940 square feet plus “Specialty Retail” with 1,800 square feet

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WATER: This site must connect to City water. There are two existing 12-inch City water lines in Virginia Beach Boulevard, and 8-inch and 12-inch City water lines in First Colonial Road.

SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #262 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There are two existing 8-inch City gravity sanitary sewer mains in Virginia Beach Boulevard and an 8-inch gravity sanitary sewer main in First Colonial Road.

EVALUATION AND RECOMMENDATION

A number of issues related to the site design and building elevations have been raised by Staff since the application was submitted, leading to the deferral of this application from the September Planning Commission agenda. Some of these issues have been addressed through site plan revisions, while others remain unaddressed. The site is subject to the considerations of the Hilltop Strategic Growth Area Master Plan, which calls for non-residential mixed use development in this location. In particular, retail and office are the primary uses envisioned for the site. The development standards for retail development in the Hilltop SGA Plan call for maximum exposure to the street, reduced setbacks that bring pedestrians closer to retail buildings, and wider sidewalks to encourage pedestrian and cycling activities. The Hilltop SGA Plan also explores four possible realignments of the proposed Light Rail Transit (LRT) extension to the Oceanfront, two of which pass the intersection of First Colonial Road and Virginia Beach Boulevard. Thus, the potential for transit-oriented economic development at the site cannot be ignored.

The City’s CIP project for the intersection furthers many of these objectives by improving the streetscape along First Colonial Road and Virginia Beach Boulevard. When complete, this project will add a five-foot wide sidewalk along Virginia Beach Boulevard and an eight-foot wide multi-use path along First Colonial Road. Moreover, the project will include enhanced crosswalks, lighting, and landscaping in the right-of- way.

The currently proposed 7-11 concept plan is not consistent with the Hilltop SGA Plan’s vision for the parcel in a number of ways:

 A gas station is not a use envisioned for the site in the long term. In particular, the proposal does not create a memorable built setting or provide a mix of retail, restaurants, and office uses on the site.  The storefront is set back over 140 feet from the curb on Virginia Beach Boulevard and over 190 feet from the proposed interim condition curb along First Colonial Road. Even when the CIP project is complete, the storefront will be set back over 150 feet from First Colonial Road. This distance does not create the pedestrian friendly street envisioned in the Hilltop SGA plan.  The proposed entrance along First Colonial Road runs counter to the SGA Design Criteria for the road, which proscribes dedicated right-turn lanes.

To offset the site’s lack of conformance with the Hilltop SGA Plan, the applicant has revised the plan since the September hearing to show the following enhancements.

 The plan now shows enhanced landscaping in the form of four additional canopy trees and two additional street front trees. The plan has pulled the building about six feet closer to Virginia

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Beach Boulevard and eighteen feet closer to First Colonial Road, reducing the setbacks from 146 to 140 and 147 to 129 respectively. These reduced setbacks will allow for tree line protection in the northeast corner of the parcel, which will help buffer the use from the adjacent residences. Due to the CIP project, the applicant has requested permission to install the required street front landscaping along Virginia Beach Boulevard after the right-of-way improvements have been completed.  The pedestrian paths connecting the site to the adjacent streets are now depicted as being constructed of brick pavers to match the building.  The elevations show a mansard roof has been added to the gas canopy, although a detail of the material has not been provided at this time.  The number of proposed monument signs has been reduced from two to one in order to comply with the City Zoning Ordinance.

Staff believes that a building with identical dimensions could fit along the 35-foot minimum setback line abutting Virginia Beach Boulevard, and that the gas canopy would be better placed behind the building in the northern section of the parcel. However, the applicant’s representative has indicated that this would harm the viability of the development.

Given these considerations, and that the applicant has enhanced the landscaping on the site, staff recommends approval of this request with the following conditions.

CONDITIONS

1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the plan entitled “FIRST COLONIAL ROAD, CONDITIONAL USE PERMIT CONCEPT” prepared by Blakeway Corporation and dated 10/14/2014.

2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the building, gas canopy, and trash enclosure shall be developed substantially in conformance with the elevations entitled “7-11 VIRGINIA BEACH BLVD & FIRST COLONIAL, VIRGINIA BEACH, VA” dated 10/16/2014 by INTERPLAN.

3. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the signage shall be developed substantially in conformance with the sign package entitled “7-ELEVEN #37124 (1026953) FIRST COLONIAL RD. AND VA BEACH BLVD, VIRGINIA BEACH, VA 23454” dated 10/16/2014 by HARBINGER.

4. With the exception of any modifications required by any of these conditions or as a result of development site plan review, building materials shall be developed substantially in conformance with the elevations entitled “EXTERIOR MATERIALS SCHEDULE 7-11 VIRGINIA BEACH BLVD & FIRST COLONIAL, VIRGINIA BEACH, VA” dated 10/16/2014 by INTERPLAN.

5. No outdoor vending machines, ice machines, and/or display of merchandise shall be permitted.

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6. All signage on site shall conform to the sign regulations of the City of Virginia Beach.

7. A lighting plan and/or photometric diagram plan shall be submitted during detailed site plan review. All outdoor lighting shall utilize LED fixtures, shall be uniform throughout the site, and shall be shielded to direct light and glare onto the premises.

8. A formal landscaping plan shall be required during detailed site plan review per Section 5A of the Site Plan Ordinance.

9. The applicant shall post a performance bond of an amount to be determined by the Planning Director or his designee during detailed site plan review for the street front landscaping along Virginia Beach Boulevard. This landscaping shall be planted immediately upon the completion of CIP 2.072 improvements adjacent to the southern property line.

10. The applicant shall preserve the existing tree line along the eastern property line. The limits of construction shall be 5 feet from the sidewalk on the eastern edge of the building in order to preserve the existing tree line.

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.

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AERIAL OF SITE LOCATION

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PROPOSED SITE PLAN

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ARCHITECTURAL ELEVATIONS (Front – South and West)

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ARCHITECTURAL ELEVATIONS (Rear – North and East)

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ARCHITECTURAL ELEVATIONS (Fueling Area with Canopy)

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PROPOSED MATERIALS SCHEDULE

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PROPOSED BUILDING SIGNAGE

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PROPOSED STOREFRONT SIGNAGE

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PROPOSED MONUMENT SIGN

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ZONING HISTORY # DATE REQUEST ACTION 1 03/24/2009 Subdivision Variance Approved 2 11/14/2006 Conditional Use Permit – Bulk Storage Yard Approved 3 12/14/2004 Conditional Use Permit – Convenience Store with Fuel Sales Approved 4 09/14/2004 Conditional Use Permit – Bulk Storage Yard Approved 5 08/24/2004 Conditional Use Permit – Motor Vehicle Sales Approved 6 05/28/2002 Modification of a Conditional Use Permit – Communication Tower Approved 04/11/1995 Conditional Use Permit – Communication Tower Approved 7 03/12/2002 Conditional Use Permit – Automobile Service Station Withdrawn 06/13/2000 Conditional Use Permit – Auto Repairs and Truck Rentals Approved 12/07/1999 Conditional Use Permit – Auto Sales, Repairs and Truck Rentals Denied 02/14/1995 Conditional Use Permit – Auto Repair and Tire Sales Approved 08/08/1983 Conditional Use Permit – Auto Repair and Tire Sales Approved 8 11/13/2001 Conditional Use Permit – Tattoo Parlor Denied 9 05/12/1998 Conditional Use Permit – Mini-Warehouses Approved

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PHOTOGRAPH OF SITE

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PHOTOGRAPH OF SITE

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PHOTOGRAPH OF SITE

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PHOTOGRAPH OF SITE

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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7-11 Executive Officers

Joseph M. DePinto President and CEO Darren Rebelez Executive Vice President and COO Stanley Reynolds Executive Vice President and CFO Executive Vice President, Merchandising, Jesus H. Delgado-Jenkins Marketing, Logistics, and Innovation Executive Vice President and Head of Chris Tanco International Shizuma Noda Executive Vice President and Advisor Senior Vice President, General Counsel and Rankin Gasaway Secretary Scott Hintz Senior Vice President, Human Resources

DISCLOSURE STATEMENT

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