City of C: Dir., Department of City Planning NORFOLK
To the Honorable Council January 10, 2017 City of Norfolk, Virginia
From: George M. Homewood, FAICP, CFM, Planning Director
Subject: Specillception to operate a commercial drive-through at 6110 N. Military Hi way — Wendy's
Reviewed: Ward/Superward: 4/7 WyJa fej C. Bench(, Deputy City Manager
Approved: Item Number: )64/1kk, (V( tYA C-7 Doug as L. mith, Interim City Manager
I. Staff Recommendation: Approval.
II. Commission Action: By a vote of 6 to 0, the Planning Commission recommends Approval.
Ill. Request: Special Exception to operate a commercial drive-through.
IV. Applicant: Wendy's Properties, LLC
V. Description: • The site is located at the northeast corner of N. Military Highway and Norview Avenue adjacent to the Bromley Shopping Center and within the Bromley neighborhood. • The proposal is to redevelop the site with a new building and a commercial drive-through. • The proposed restaurant, which would be built on an outparcel to be acquired by Wendy's, will replace the existing Wendy's located further south at 3542 N. Military Highway, which is being operated under a ground lease that is set to expire. • The existing feeder lane along N. Military Highway will be closed and landscaped, as well as the driveway on Norview Avenue closest to the intersection.
VI. Historic Resources Impacts: The site is not located within a federal, state, or local historic district.
VII. Public Schools Impacts The site is located in the Tanners Creek Elementary School, Azalea Middle School, and Lake Taylor High School Attendance Zones.
Staff point of contact: Chris Whitney at 823-1253, [email protected] Attachments: • Proponents and Opponents • Staff Report to CPC dated December 8, 2016 with attachments • Ordinance THE CITY NoRF K., CITY PLANNING
Planning Commission Public Hearing: December 8, 2016 Executive Secretary: George M. Homewood, FAICP, CFM Planner: Chris Whitney, CZA, CFM
Staff Report Item No.' 4 • • Address 6110 N. Military Highway Applicant Wendy's
Request Special Exception Commercial drive-through
Property Owner 6110 Military, LLC Site/Building Area 38,563 sq. ft./2,612 sq. ft. Future Land Use Commercial Site Zoning C-2 (Corridor Commercial) Characteristics Neighborhood Bromley Character District Suburban C-3 (Retail Center District): Bromley Shopping North Center, China House, Franco's Italian Restaurant East C-2: Budget Rent-A-Car-Truck Surrounding Area South C-2: 7-Eleven convenience store C-2, Super K-mart Localized Alternative Sign West Overlay (LASO): Golden Corral, Kmart, Norview Center Shopping Center o The proposed number of parking spaces, based on the proposed square footage of the building, exceeds the parking maximum for commercial uses established in the Zoning Ordinance. ■ As part of Site Plan approval, the applicant will have the choice to either reduce the number of parking spaces provided, or to provide additional landscaping and stormwater improvements to offset the additional impervious parking proposed on the site. iii. Building Design • In 2014 the Planning Commission approved a proposed 7-Eleven convenience store and gas station on the southeast corner of N. Military Highway and Norview Avenue. • The final building design reflected compatibility with the recommendations of the Comprehensive Plan for the Military Highway Corridor District and complemented this intersection as a gateway to Norfolk International Airport. • This site and structure, directly across from this 7-Eleven along Norview Avenue, should adhere to the same design standards and gateway treatments. o The attached building and sign elevations for the Wendy's demonstrate similar exterior materials and finishes and show a high level of window transparency. iv. Flood Zone The property is located in the X Flood Zone which is a low-risk flood zone.
D. Transportation Impacts • Institute of Transportation Engineers (ITE) figures estimate that this proposed new restaurant with a drive-through will generate 390 fewer vehicle trips per day. • Based upon ITE data, the previous gas station on the site would be expected to generate 1,686 weekday trips while the proposed new 2,612 square foot fast food restaurant with a drive-through would be expected to generate 1,296 trips on weekdays. • N. Military Highway adjacent to the site is identified as a severely congested corridor in the PM peak hours in the current update to regional Hampton Roads Congestion Management analysis. • The site is near transit service with Hampton Roads Transit bus route 15 (Military) operating near to the site. • Neither N. Military Highway nor Norview Avenue adjacent to the site are an identified priority corridor in the City of Norfolk Bicycle and Pedestrian Strategic Plan.
E. Historic Resources Impacts The site is not located within a federal, state, or local historic district.
F. Public Schools Impacts The site is located in the Tanners Creek Elementary School, Azalea Middle School, and Lake Taylor High School Attendance Zones. G. Environmental Impacts • The construction of an eating establishment with a drive-through lane should not adversely impact the surrounding uses. • The proposed redevelopment will undergo the Site Plan Review process, which will require all site development to adhere to the regulations of the Zoning Ordinance, including landscaping and buffering, vehicular circulation, and stormwater improvements. • The existing feeder lane along N. Military Highway will be closed and landscaped.
H. AICUZ Impacts N/A
I. Surrounding Area/Site Impacts By requiring this use to conform to the conditions listed below, granting the special exception should not have a negative effect on the surrounding area.
J. Payment of Taxes The owner of the property is current on all real estate taxes.
K. Civic League There is no active civic league in this area.
L. Communication Outreach/Notification • Legal notice was posted on the property on November 1. • Letters were mailed to all property owners within 300 feet of the property on November 22. • Legal notification was placed in The Virginian-Pilot on November 24 and December 1.
M. Recommendation Staff recommends that the special exception be approved subject to the following conditions:
(a) The site shall be generally designed in accordance with the conceptual site plan prepared by MSA, P.C., dated October 24, 2016, attached hereto and marked as "Exhibit A," subject to any revisions required by the City to be made during the Site Plan Review and building permit plan review processes.
(b) The site shall be developed to reflect the general massing, materials, fenestration and design elements for the front, rear, right side, and left side of the building as shown in the elevations entitled "Exterior Elevations," sheets A2.1 and A2.2, dated December 1, 2016, attached hereto and marked as "Exhibit B," subject to any revisions required by the City to be made during the Site Plan Review and building permit plan review processes. (c) The proposed monument sign shall be developed to reflect the general massing, materials, fenestration and design elements as shown in the elevations entitled "Internally Illuminated Double Face Monument with Reader Board," prepared by I.D. Associates, attached hereto and marked as "Exhibit C," subject to any revisions required by the City to be made during the Site Plan Review and building permit plan review processes.
(d) All landscaping on the site "shall conform to the sp'ecifications as depicted in the Military Highway Corridor Comprehensive Plan with final review for compliance to be reviewed by the City's Department of Recreation, Parks and Open Space, subject to any required revisions made during the Site Plan Review process.
(e) Landscaping shall be installed and maintained at the base of any freestanding sign in accordance with the provisions of section 16-6 of the Zoning Ordinance of the City of Norfolk, 1992 (as amended).
(f) All landscaping installed on the site shall be maintained in a healthy growing condition at all times and shall be replaced when necessary.
(g) The existing feeder lane abutting the N. Military Highway frontage shall be closed and landscaped as approved by the Department of Public Works and the Department of Recreation, Parks, and Open Space.
(h) The existing westernmost curb cut located along the northern line of Norview Avenue shall be closed and landscaped, as depicted on the site plan.
(i) A bicycle rack shall be installed within clear view of the principal entrance of the building.
(j) Notwithstanding any other regulations pertaining to temporary window signage within Chapter 16 of the Zoning Ordinance of the City of Norfolk, 1992 (as amended), no less than 85% of the glass areas of the ground floor of the building shall be transparent as defined in the Zoning Ordinance.
(k) The use of permanent signs shall comply with Chapter 16 of the Zoning Ordinance of the City of Norfolk, 1992 (as amended).
(I) The use of temporary signs shall comply with Chapter 16 of the Zoning Ordinance of the City of Norfolk, 1992 (as amended). The use of feather flags, pennants, and streamers is prohibited.
(m) No smoking shall be permitted anywhere in the outdoor dining area and signage stating the prohibition shall be conspicuously posted.
(n) All bollards on the site shall be painted and maintained free of visible corrosion. (o) On-site lighting shall be directed and shielded so as not to cast glare onto any adjacent residential properties.
(p) Dumpsters shall be gated and not visible from any public right-of-way, and will be screened with masonry walls that complement the proposed building.
(q) During all hours of operation the establishment operator shall be responsible for maintaining the property, those portions of public rights-of-way improved by sidewalk, and those portions of any parking lot adjacent to and used by customers of the premises regulated by the Special Exception so at to keep such areas free of litter, refuse, solid waste, snow, ice, and any bodily discharge.
(r) The property shall be kept in a clean and sanitary condition at all times.
(s) The establishment shall maintain a current, active business license at all times while in operation.
Attachments Location Map Zoning Map Application Conceptual Site/Landscape Plan Building Elevations Sign Elevations Notification list of all property owners within 300 feet of the site Proponents and Opponents
Proponents Ashley Sperling — Applicant 1145 Sanctuary Parkway #225 Atlanta, GA 30009
Lisa Murphy — Representative 999 Waterside Drive, Suite 2100 Norfolk, VA 23510
Nathan Lahy 5033 Rouse Drive Virginia Beach, VA 23462
Opponents None 12/ 07/ 2016 lds Contents Approved: C" Form and Correctness Approved:
7/. By N9/ : Office of the City Attorney NORFOLK, VIRGINIA
ORDINANCE No. 46,702
AN ORDINANCE GRANTING A SPECIAL EXCEPTION TO PERMIT THE VA OPERATION OF A COMMERCIAL DRIVE - THROUGH FOR " WENDY' S" ON PROPERTY LOCATED AT 6110 NORTH MILITARY HIGHWAY.
BE IT ORDAINED by the Council of the City of Norfolk:
Section 1:- That a Special Exception is hereby granted authorizing the operation. of a Commercial Drive -Through for Wendy' s" on property located at 6110 North Military Highway. The property which is the subject of this Special Exception is more fully described as follows:
Property fronts 208 feet, more or less, along the eastern line of North Military Highway and 183 feet, more or Norview Avenue; less, along the northern line of premises numbered 6110 North Military Highway.
Section 2:- That the Special Exception granted hereby shall be subject to the following conditions:
a) The site shall be designed generally in accordance with the conceptual site plan prepared by MSA, attached hereto and P. C., dated October 24, 2016,
marked as " Exhibit A," subject to any revisions required by the City to be made during the Site plan review Plan Review and building permit
processes.
b) The site shall be developed to reflect the general fenestration and design massing, materials, elements for the front, rear, right side and left side of the building as shown in the elevations dated December 1, entitled " Exterior Elevations," Exhibit B," 2016, attached hereto and marked as " subject to any revisions required by the City to be made during the Site Plan Review and building permit plan review processes. c) The proposed monument sign shall be developed to reflect the general massing, materials, fenestration and design elements as shown in the elevations prepared by I. D. Associates, attached hereto and marked as " Exhibit C," subject to any revisions required by the City to be made during the Site Plan Review and building permit plan review processes. d) All landscaping on the site shall conform to the specifications as depicted in the " Military Highway Corridor Comprehensive Plan," on file with the Department of City Planning, with compliance to be reviewed and approved by the City' s Department of Recreation, Parks and Open Space, subject to any revisions required to be made during the Site Plan Review process. e) Landscaping shall be installed and maintained at the base of any freestanding sign in accordance with the provisions of section 16 - 6 of the Zoning Ordinance of the City of Norfolk, 1992 ( as
amended). f) All landscaping installed on the site shall be maintained in a healthy growing condition at all times and shall be replaced when necessary. g) The existing feeder lane along that portion of North Military Highway abutting the property shall be closed and landscaped in a manner approved by the Department of Public Works and the Department of Recreation, Parks, and Open Space. h) The existing, westernmost curb cut located along the northern line of Norview Avenue shall be closed and landscaped, as depicted on the site plan attached hereto and marked as " Exhibit A." i) A bicycle rack shall be installed within clear view of the principal entrance of the building. j) Notwithstanding any other regulations pertaining to temporary window signage within Chapter 16 of the Zoning Ordinance of the City of Norfolk, 1992 ( as amended) , no less than 85% of the glass areas of
E shall be the ground floor of the building transparent as defined in the Zoning Ordinance.
k) All use of permanent and temporary signs shall comply with Chapter 16 of the Zoning Ordinance of the City of Norfolk, 1992 ( as amended). The use of feather flags, pennants, and streamers is
prohibited.
1) No smoking shall be permitted anywhere in the the outdoor dining area and signage stating prohibition shall be conspicuously posted.
m) All bollards on the site shall be painted and maintained free of visible corrosion.
n) on -site lighting shall be directed and shielded so as not to cast glare onto any adjacent residential
properties.
o) Dumpsters shall be gated and not visible from any public right -of -way, and will be screened with the proposed masonry walls that complement building.
p) During all hours of operation the establishment operator shall be responsible for maintaining the property, those portions of public rights -of -way improved by sidewalk, and those portions of any parking lot adjacent to and used by customers of the premises regulated by the Special Exception so at to keep such areas free of litter, refuse, and both solid and liquid waste.
q) The property shall be kept in a clean and sanitary condition at all times.
active r) The establishment shall maintain a current, business license at all times while in operation.
Section 3:- That the City Council hereby determines that the Special Exception granted herein complies with each of the requirements of § 25 - 7 of the Zoning Ordinance of the City of
Norfolk, 1992 ( as amended)
Section 4:- That this ordinance shall be in effect from the date of its adoption.
3 ATTACHMENTS: Exhibit A ( 1 page) Exhibit B ( 2 pages) Exhibit C ( 1 page)
Adopted by Council January 10, 2017 Effective January 10, 2017
TRUE COPY TESTS:
R. BRECKENRIDGE DAUGHTREY, CITY CLERK
m DEPUTY CITY CLERK Exhibit A
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411 APPLICATION SPECIAL EXCEPTION
Special Exception for: Commercial Drive-Through
Date of application:I October 24, 2016
DESCRIPTION OF PROPERTY
Property location: (Street Number) 6110 (Street Name) N Military Highway
Existing Use of Property Former Gas Station (No longer in use)
Current Building Square Footage 2,612 (to be removed)
Proposed Use Wendy's Properties, LLC ("Wendy's") proposes to remove the existing gas station building and improvements and replace them with a 2,612 square foot state-of-the-art Wendy's
Restaurant with a commercial drive-through.
Proposed Square Footage 2,612 square feet
Proposed Hours of Operation:
Weekday From 10:00 a.m. To 2:00 a.m.
Friday From 10:00 a.m . To 3:00 a.m.
Saturday From 10.00 a.m. 3:00 a.m
Sunday From 10.00 a.m. To 2 00 am
Trade Name of Business (If applicable) Wendy's Restaurant
DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 (Revised January, 2015)
Application Special Exception Page 2
APPLICANT (If applicant is a LLC or a Corp./Inc., include name of official representative and/or all partners)
1. Name of applicant: (Last) Wendy's Properties, LLC (First) (MI)
Mailing address of applicant (Street/P.O. Box): 1 Dave Thomas Boulevard
(City) Dublin (State) Ohio (Zip Code) 43017
Daytime telephone number of applicant (El 610-232-2194 Fax ((l) 610-993-9707
E-mail address of applicant: [email protected]
AUTHORIZED AGENT (if applicable) (If agent is a LLC or a Corp./Inc., include name of official representative and/or all partners)
2. Name of applicant: (Last) Murphy (First) Lisa (MI) M.
Mailing address of applicant (Street/P.O. Box): do LeClairRyan, 999 Waterside Drive, Suite 2100
(City) Norfolk (State) Virginia (Zip Code) 23510
Daytime telephone number of applicant (1-1757-217-4537 Fax (I i) 757-217-4587
E-mail address of applicant: [email protected]
PROPERTY OWNER (If property owner is a LLC or a Corp./Inc., include name of official representative and/or all partners)
3. Name of property owner: (Last) 6110 Military, LLC (First) MI)
Mailing address of property owner (Street/P.O. box): 1899 Carla Ridge
(City) Beverly Hills (State) California (Zip Code) 90210-1936
Daytime telephone number of owner D 757-490-4044 email: akcrenshaw@kaufcan corn
DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 (Revised January, 2015) Application Special Exception Page 3
CIVIC LEAGUE INFORMATION
Civic League contact: Azalea Acres c/o Terry Ryan (333) 323-8686
Date(s) contacted.
Ward/Super Ward information: Ward 4/ Super Ward 7
CERTIFICATION: I hereby submit this complete application and certify the information contained herein is true and accurate to the best of my knowledge: 6110 Military, LLC Print name: Sign: (Property Owner or Authorized Agent of Signature) (Date)
_Wendy s Prperti es, LLC Print name: Scerrr Sign: /0 /4 (Applicant) (Date)
ONLY NEEDED IF APPLICABLE:
Lisa Print name: M. Murphy Sign: (Authorized Agent Signature) (Date)
DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 oRevisedJanuary,2015)
Application Special Exception Page 3
CIVIC LEAGUE INFORMATION
Civic League contact: Azalea Acres c/o Terry Ryan (333) 323-8686
Date(s) contacted:
Ward/Super Ward information: Ward 4/ Super Ward 7
CERTIFICATION: I hereby submit this complete application and certify the information contained herein is true and accurate to the best of my knowledge: 6110 Military, LLC Print name: Sign: )1k€4/ /D I 1 OP Cn (Property Owner or Authorized Agent of Signature) (Datef
Wendy's Properties, LLC Print name: Sign: (Applicant) (Date)
ONLY NEEDED IF APPLICABLE:
Lisa M. Murphy Print name: Sign: (Authorized Agent Signature) (Date)
DEPARTMENT OF CITY PLANNING 810 Union Street, Room 508 Norfolk, Virginia 23510 Telephone (757) 664-4752 Fax (757) 441-1569 (Revised January. 2015) CITY OF NORFOLK SPECIAL EXCEPTION APPLICATION FOR A COMMERCIAL DRIVE-THROUGH (WENDY'S PROPERTIES, LLC — 6110 N. Military Highway)
PROJECT DESCRIPTION (Special Exception —Commercial Drive-Through)
The applicant, Wendy's Properties, LLC ("Wendy's"), has entered into a contract with 6110 Military, LLC, the owner of the subject property located at 6110 N. Military Highway ("Property"), which is currently developed with a vacant gas station. Wendy's plans to demolish the existing gas station building and improvements in order to construct and operate a state of the art, 2,612 square foot Wendy's Restaurant with a commercial drive-through. The facility will have a pedestrian friendly patio, pedestrian access, enhanced green space and less impervious cover. The impact on adjoining parcels will remain the same or decrease.
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Property Owner Property Address Mailing Address
1700 Norview Av Bunch, George R Jr & Derinda 5548 Sajo Farm Rd Virginia Beach VA 3650 N Military Hwy Rosemyr Corporation, The Po Box 108 Henderson NC 6101 N Military Hwy Kmart Corporation 3333 Beverly Rd B2110a Hoffman Estates IL 6101 N Military Hwy Kmart Corporation 3333 Beverly Rd B2110a Hoffman Estates IL 6101 N Military Hwy Kmart Corporation 3333 Beverly Rd B2110a Hoffman Estates IL 6191 N Military Hwy Kmart Corporation 3333 Beverly Rd B2110a Hoffman Estates IL 6200 N Military Hwy Bromley Llc 1899 Carla Rdg Beverly Hills CA 6200 N Military Hwy Bromley LIc 1899 Carla Rdg Beverly Hills CA 6110 N Military Hwy 6110 Military LIc 1899 Carla Rdg Beverly Hills CA 1615 Norview Av Hanover Land, LIc 8122 Mechanicsville Tpke Mechanicsville VA 3655 N Military Hwy Merjos, Ritsa G & Stavros G Trs 2004 Inland Cv Virginia Beach VA 1721 Norview Av Nusbaum, Robert C Trs 5629 Greenwich Rd Ste 201 Virginia Beach VA 1641 Norview Av Nusbaum, Robert C Tr 6001 Landerhaven Dr Mayfield Heights OH 3310 Miller Store Rd City Of Norfolk 810 Union St Rm 900 Norfolk VA S S Azalea Garden Rd City Of Norfolk 810 Union St Rm 900 Norfolk VA