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Conditional Use Permit request for fuel sales at the site on January 9, 2001, although the application was ultimately withdrawn by the applicant prior to City Council action.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. 7-ELEVEN, INC. Agenda Item D5 Page 2 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.