9 February 9, 2011 Public Hearing APPLICANT / PROPERTY OWNER:

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1 9 February 9, 2011 Public Hearing APPLICANT / PROPERTY OWNER: KROGER LIMITED PARTNERSHIP I REQUEST: Conditional Use Permit (Automobile Service Station) STAFF PLANNER: Leslie Bonilla ADDRESS / DESCRIPTION: Portion of parcel located at 4625 Shore Drive GPIN: Portion of ELECTION DISTRICT: BAYSIDE SITE SIZE: 7.63 acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of a portion of the parcel located at 4625 Shore Drive as an automobile service station, i.e. fuel sales. Approximately 23,958 square feet of the entire site s 332,363 square feet will be utilized for gas sales. Hours of operation for the fuel center will be from 6:00 a.m. to 11:00 p.m., seven days a week. One employee per shift will operate the fuel center from the kiosk onsite and this employee will be responsible for monitoring fuel center operations, responding to any alarms or spills, taking cash for fuel purchases and selling various sundries out of the kiosk. The site will house the existing Kroger store located along Northampton Boulevard within the eastern portion of the parcel and the proposed service station which is situated within the northwest portion of site. Two hundred and fifty-one parking spaces are located primarily west of the existing Kroger building and a few parking spaces are situated to the south of building. The service station will be constructed within the existing parking lot and will eliminate 64 of the original 315 parking spaces. Once the fuel center is developed, the site s 251 remaining parking spaces are sufficient to satisfy Zoning Ordinance parking requirements. The Zoning Ordinance requires 237 parking spaces. The fuel center includes five fuel dispensers (ten fueling stations), an eight-foot by 14-foot kiosk that is 11 feet tall, a 42-foot by 92-foot canopy providing shelter for the fueling station and kiosk, associated drive Page 1

2 aisles, and signage. The existing free-standing sign will be altered, by replacing the sign face and changing the dimensions of the panels within the sign. Overall, the size of the proposed free-standing sign will be five square feet smaller than the existing sign. The canopy and kiosk will be dressed with brick to match the color of the brick on the Kroger store. The canopy will have a mansard metal roof that will be painted to match the color of the metal roof of the Kroger store. The fascias for the canopy and kiosk will be metal but will be treated with a tex-cote application that gives it the appearance of stucco or an Exterior Insulation Finishing System (EIFS) application. Access to this site is obtained through the main shopping center drive aisle off of Shore Drive which currently allows for two internal points of ingress or egress. One of the existing points of egress will, however, be closed and improved with curb, gutter, and landscaping in order to enhance traffic flow. An additional existing internal access point located along the southern property line allows access through the shopping center to the senior housing facility to the south. The applicant s representative indicates that the applicant has worked with the surrounding community to address their concerns. One of the main concerns that the applicant has worked out is related to drainage. Representatives of the community did not want the stormwater from the site in question to enter into Lake Bradford, so the applicant has agreed to re-grade the portion of the site where the service station will be situated and stormwater leaving this area will be rerouted through a pipe system that flows from Lake Bradford and is located across Shore Drive. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Grocery store with associated parking SURROUNDING LAND USE AND ZONING: North: Shore Drive Across Shore Drive are retail shops / B-2 Community Business District Across Shore Drive are apartments / A-24 Apartment District South: Senior housing / O-2 Office District Single-family homes / R-10 Residential District East: Northampton Boulevard Across Northampton Blvd. is mini-warehousing / B-2 Community Business District Across Northampton Boulevard are single-family homes / R-10 Residential District West: Retail Shops / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: This site is in the Chesapeake Bay Watershed. Stormwater quality shall be in accordance to the Chesapeake Bay Preservation Ordinance and will be address during detailed site plan review. There are no other known significant natural resources or cultural features associated with this site. Page 2

3 COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as a Suburban Focus Area (Shore Drive Corridor) as well as a Suburban Area. The Shore Drive Corridor was designated as a Suburban Focus Area because of its unique characteristics. The area has an abundance of natural resources and passive recreational amenities, mostly due to its proximity to the Chesapeake Bay and Lynnhaven River. These amenities have attracted residential uses, including well-established neighborhoods as well as newer high density development, making the Shore Drive area the most densely populated area of the City. The community s most challenging characteristic is that it is bisected by Shore Drive, one of the City s primary east-west connectors. (pp. 3-7 and 3-8) In addition to the Comprehensive Plan, other plans and guidelines have been prepared and/or adopted to guide development in the Shore Drive Corridor. The Bayfront Study conducted in 1997 by the Urban Land Institute to assess current conditions and create a vision, plan, and implementation plan for the area. As part of the implementation of the Bayfront Study, more detailed corridor plans and design guidelines were adopted to further the recommendations of the Study. The Shore Drive Corridor Plan emphasizes that the area should be focused primarily toward local neighborhoods and local resident rather than visitor needs. Businesses in the area should provide support services to area neighborhoods primarily, and focus secondarily on restaurant or marine-oriented businesses. (p.8) Recognizing that there are limited opportunities for new development, proposals should be sensitively scrutinized to ensure they are in keeping with the overall character of the area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Drive in front of this site is considered a four-lane divided major urban arterial. The Master Transportation plan proposes a facility within a 150-foot right-of-way. A roadway Capital Improvement Program project is slated for this area. Shore Drive Interim Safety Improvements (CIP 2-731) is a combination of interim safety improvements recommended by the Shore Drive Safety Task Force. It will improve the safety of pedestrians and drivers along the Shore Drive Corridor in the interim until comprehensive projects can be completed. There is a second roadway Capital Improvement Program project slated for this area. Shore Drive Corridor Improvements Phase II (Partial) (CIP 2-116) will provide safety improvements, including pedestrian multi-use paths, along the Shore Drive Corridor from South Oliver Drive/Waterspoint Place to Treasure Island Drive. It will also include improvements along Shore Drive at the Northampton Boulevard interchange and to the intersections at Pleasure House Road and at Greenwell Road. This project is currently on the City s Requested But Not Funded Project Listing. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Shore Drive 22,507 ADT 1 27,300 ADT 1 (Level of Service D ) Existing Land Use 2 4,853 ADT Proposed Land Use 3 6,539 ADT 1 Average Daily Trips 2 as defined by a 47,465 square foot grocery store 3 as defined by a grocery store and 10 fueling position gasoline station Page 3

4 TRAFFIC ENGINEERING: Please note that the proposed Trip Generation numbers are conservative. They assume a free-standing gasoline station not tied to any other business. In the case of this application, which is a Kroger Fuel Station, many of the trips are not new trips. They are considered internal capture trips. In other words, many of the gasoline patrons were already destined to the grocery store. They just stopped by the gasoline station prior to leaving the site. Therefore, it can be expect that the ADT and peak hour numbers will be less. WATER: This site currently connects to City water. The existing two-inch domestic water meter (City ID # ) and the existing fire meter (City ID # ) can be used or upgraded to accommodate the proposed development. SEWER: This site is already connected to city sanitary sewer. Sanitary sewer and pump station analysis for pump station #307 is required to determine if future flows can be accommodated. FIRE: Canopy lighting shall not consist of drop-down or sag-lenses fixtures. Flush-mounted or full cut-off lenses shall be used for the canopy lighting. Canopy lighting levels shall be a maintained average of 30 footcandles (fc). All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society (IES) along with requirements of the City of Virginia Beach Lighting Ordinance. EVALUATION AND RECOMMENDATION The proposed automobile service station is consistent with the Comprehensive Plan and associated plans and guidelines for the Shore Drive Corridor. This neighborhood support use is proposed in an existing retail parking lot taking advantage of presumably unnecessary parking spaces. Vehicular access and parking lot design will be reconfigured to accommodate both the gas pumps and grocery store, while maintaining just one point of shared ingress/egress on Shore Drive. The proposed canopy complements the design, colors, and materials of the grocery store, and is in compliance with existing guidelines. Landscaping along the property s street frontage is already in place in accordance with existing guidelines. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS 1. The site shall be developed and landscaped substantially in accordance with the submitted Conditional Use Site Plan, dated 11/29/10, last revised February 2011, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the site plan is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps, and kiosk shall be constructed in substantial accordance with the submitted elevation Kroger Fuel Center R , dated January 14, Signage depicted on Page 4

5 the elevations is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall not consist of drop-down or sag-lenses fixtures. Flush-mounted or full cut-off lenses shall be used for the canopy lighting. Canopy lighting levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society (IES) along with the requirements of the City of Virginia Beach Lighting Ordinance. 4. The free-standing sign shall be monument style and limited to dimensions and location as allowed by the City Zoning Ordinance. All other signage shall be limited to that which is allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, on the canopy or the canopy columns, or light poles. 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs, or flag style signs on the site. 6. The applicant shall install a sidewalk from Shore Drive to the entrance of the grocery store. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere within the facility area. 7. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 8. A 15-foot minimum yard shall be required along all lot lines adjoining the residential district. Category IV landscape screening shall be required within the yard area. Plantings should be innovative in terms of spacing, species, diversity, and arrangement to allow variation for visual enhancement while separating uses. 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

6 AERIAL OF SITE LOCATION Page 6

7 PROPOSED SITE PLAN Page 7

8 PROPOSED BUILDING ELEVATION Page 8

9 EXISTING SIGNAGE ELEVATION Page 9

10 PHOTOGRAPH OF EXISTING KROGER STORE Page 10

11 # DATE REQUEST APPLICANT ACTION 1 02/29/88 01/12/81 Rezoning (O-1 to B-2) Rezoning (B-2 to O-1) Oliver Family Land Trust The Oliver Family Land Approved Approved Trust 2 02/25/03 Use Permit (motor vehicle sales) JBA Two, LLC Approved /04 Rezoning (R5R (SD) to Conditional Hollis Road Associates, Approved A-25(SD)) LLC 4 02/27/01 02/27/01 Rezoning (B-2(SD) to O-2(SD)) Use Permit (housing for seniors) RH Builders, Inc. RH Builders, Inc. Approved Approved 5 06/28/05 Use Permit (motor vehicle sales) Shore Drive Auto Sales Approved 6 12/03/96 Use Permit (automobile service Fast Fare, Inc. Approved station) 7 11/18/08 11/14/06 Use Permit (communications tower) Use Permit (church with childcare) T-mobile Northeast Bayside Christian Church Approved Approved ZONING HISTORY Page 11

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