Request Modification of Proffers to a Conditional Change of Zoning (B-2 to Conditional B-2) approved by City Council on December 10, 2002

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Preston Pearson
7 years ago
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1 Applicant & Property Owner & Gayle B. Rollins, Trustees under the Living Trust Public Hearing May 11, 2016 City Council Election District Princess Anne Agenda Item 2 Request Modification of Proffers to a Conditional Change of Zoning (B-2 to Conditional B-2) approved by City Council on December 10, 2002 Staff Planner Kevin Kemp Location 601 Princess Anne Road GPIN Site Size 2.48 acres AICUZ Less than 65 db DNL Existing Land Use and Zoning District Gas station with convenience store, car wash & mini-warehouse storage / B-2 Community Business Surrounding Land Uses and Zoning Districts North Mixed commercial & restaurant / B-2 Community Business South Fire station / AG-2 Agriculture East Princess Anne Road Hardware store / B-2 Community Business West Single-family dwelling / AG-2 Agriculture Page 1

2 Background and Summary of Proposal The 2.48 acre site is developed with a convenience store, fuel canopy, automated car wash, laundry facility and a mini-storage facility. The applicant requests to modify the previously approved proffers to allow the car wash building to be converted into a convenience store. The existing convenience store will remain. In 1979, the site was rezoned from agriculture to B-2 Community Business. In 1999, a Conditional Use Permit was approved to develop a gas station on the site. In 2001, the site was rezoned to Conditional B-2 and a Use Permit was approved for an automated car wash. The changes proposed to the existing building include removing the overhead doors and installing a new entrance for the proposed convenience store. No other changes are proposed for the building or the layout of the subject site. The existing parking provided on the site meets the requirements of the Zoning Ordinance Zoning History # Request 1 MOD Approved 10/09/2012 CRZ (AG-2 to Conditional B-2) Approved 06/24/2008 CUP (Warehouse) Approved 06/24/ CRZ (AG-2 to Conditional B-2) Approved 12/20/2005 CUP (Hardware store) Approved 12/20/ CRZ (B-2 Conditional B-2) Approved 12/18/2002 CUP (Mini-warehouse) Approved 12/18/2002 CRZ (AG-2 to Conditional B-2) Approved 11/13/2001 CUP (Car wash and fuel sales) Approved 11/13/2001 CUP (Gas station) Approved 12/07/1999 REZ (AG-1 to B-2) Approved 05/29/1979 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 Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, equestrian facilities, wetland banks, and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth pressures. There are occasional commercially zoned nodes that can be called Page 2

3 Rural Community Areas, like Back Bay and Creeds that are small in scale with a few houses next to some shops that provide basic retail shops and services that serve the immediate rural community rather than cater to a large geographic area. Non-residential development should be located within these Rural Community Areas, as depicted on the Comprehensive Plan Map, p. 1-10, unless the non-residential is agricultural in nature or a farm, part of a farm, stable or a mill. These Rural Community Areas should be thought of as focal points for the existing and future development in this area of the city. Development in these community areas can include a mix of locally oriented retail or services designed to be compatible with the landscape of the area (p. 5-1 to 5-4, 5-8). Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. The site is adjacent to the Oakum Creek. There do not appear to be any significant natural or cultural resources on the subject site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 5,140 ADT 1 1 Average Daily Trips 2 as defined by Enter definition. 7,400 ADT 1 (LOS 4 C ) 12,000 ADT 1 (LOS 4 D ) 3 as defined by Enter definition. Existing Land Use 2 Enter Value ADT Proposed Land Use 3 - Enter Value ADT 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There are no Roadway CIP projects scheduled for this portion of Princess Anne Road and there are no improvements recommended in the MTP. Public Utility Impacts City water or sewer service is not available in this part of Virginia Beach. The site is currently served, and will remain served, by a Health Department approved private wells and septic systems. Evaluation and Recommendation The proposed request to modify previously approved proffers to allow for the conversion of the existing automated car wash to a convenience store is acceptable to Staff. The site has served the community with a convenience store, fueling station, laundry facility and storage facility for many years. The proposed conversion of the car wash to a convenience store is consistent with the Comprehensive Plan s Land Use policies for the Rural Area in regards to providing basic retail services to the local community. The site has sufficient existing landscaping and is well-maintained. Other than the modification to the building as described above, no changes to the site are proposed. As such, no adverse effects are anticipated to the surrounding properties. For the reasons above, Staff recommends approval of this request as proffered below. Page 3

4 Proffers 1. Proffers numbered 1 and 6 as contained in the 2002 Proffers recorded in the above referenced Clerk s Office as Instrument Number is hereby deleted and replaced with the following: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, CONCEPT PLAN CONVENIENCE STORE CONVERSION AT MOTORIST WAYSIDE AT CREEDS, VIRGINIA BEACH, VIRGINIA, dated February 18, 2016, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Site Plan ). 6. The Property shall only be utilized for the sale of fuel, convenience store, retail establishment, laundry mat and mini-warehouse as depicted on the Site Plan and no other uses described in the Zoning Ordinance as permitted or conditioned shall be allowed on the Property. 2. Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2002 Proffers remain in full force and effect. Previously Approved Proffers 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled CONCEPT PLAN FOR MINI_WAREHOUSE & LAUDROMAT ADDITIONS TO THE MOTORIST WAYSIDE AT CREEDS, VIRGNIIA BEACH, VIRGINIA, dated Aug. 2, 2002, prepared by Gallup Surveyors & Engineers, Ltd. Which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Site Plan ). [Proffer to be replaced] 2. When the Property is developed, in addition to installing the extensive landscape treatments and foundation plantings depicted on the Concept Plan, the car wash shall be constructed substantially in accordance with the SKETCH FOR AUTOMATED CARWASH AT THE MOTORIST WAYSIDE AT CREEDS prepared by Gerald A. Porterfield, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Elevation ). 3. When the Property is developed, only those areas depicted on the Site Plan for the car wash, pump islands, convenience store laundry mat, mini-warehouse buildings, surrounding drive aisles, BMP, septic drainfields, and forcemains will have any construction improvements. All remaining areas will, with the exception of planting and maintenance of the landscape buffers, reforestation area and open space, remain unimproved and devoid of any structures such as storage sheds. 4. The only freestanding sign shall be the one designated on the Site Plan. 5. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Page 4

5 6. The Property shall only be utilized for the sale of fuel, convenience store, car wash, laundry mat and miniwarehouse as depicted on the Site Plan and no other uses described in the Zoning Ordinance as permitted or conditioned shall be allowed on the Property. [Proffer to be replaced] 7. Further conditions may be required by the Grantee during Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Page 5

6 Proposed Site Layout Page 6

7 Proposed Site Layout - Detail Page 7

8 Site Photos EXISTING AUTOMATED CAR WASH TO BE CONVERTED TO CONVENIENCE STORE Page 8

9 Site Photos EXISTING CONVENIENCE STORE REAR STORAGE AREA VIEW FROM PRINCESS ANNE ROAD Page 9

10 Disclosure Statement Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14

5 March 12, 2014 Public Hearing

5 March 12, 2014 Public Hearing APPLICANT: MOORE FARM, L.L.L.P. PROPERTY OWNER: MOORE FARM L.L.L.P. STAFF PLANNER: Kevin Kemp REQUEST: Change of Zoning (B-1A Limited Community Business to Conditional B-2