TAKE 5 OIL CHANGE, LLC Agenda Item 1 Page 1

1January 14, 2015 Public

HearingAPPLICANT:

TAKE 5 OIL CHANGE, LLC

PROPERTY OWNER:

PMIG 1012 LLC (C/O PETROLEUM

MARKETING GROUP, INC.)

STAFF PLANNER: Kevin Kemp

REQUEST: Conditional Use Permit (Automobile Repair Garage) ADDRESS / DESCRIPTION: 5337 Indian River Road GPIN: 14652894580000

ELECTION DISTRICT: KEMPSVILLE

SITE SIZE: 0.51 acres

AICUZ: Less than 65 dB DNL

Background: The applicant requests a Conditional Use Permit to allow the site to be developed with an automobile repair facility. A Conditional Use Permit for gasoline sales was approved by the City Council for the site on August 21, 1978. A second Conditional Use Permit for automobile repair was approved by the City Council on November 10, 1980. A third Conditional Use Permit for a car wash facility was approved by the City Council on October 11, 1982. The site is no longer being used as allowed by the three Use Permits, and the buildings currently located on the site are vacant and in a state of disrepair. The fuel canopy, cashier kiosk, and carwash building will be removed and a new building constructed. Since the applicant’s proposed automobile repair use, building, and site design varies significantly from the plans associated with the prior Use Permits, a new Use Permit is required. Details: The applicant proposes to construct a 1,500 square foot oil change facility on the site. There are seven parking spaces depicted on the submitted site plan. Landscaping, including shrubs and large and small

BACKGROUND / DETAILS OF PROPOSAL

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canopy trees, is shown along the property lines adjacent to rights-of-way (Indian River Road and Lila Lane). Landscaping is also shown along the eastern property line. Foundation landscaping will be installed along the portion of the building visible from Indian River Road. The dumpster will be located in the southeast corner of the site. The plan notes that the dumpster will be screened with a minimum six-foot tall solid vinyl fence to match the color of the building. The required plant material will be installed around the perimeter of the enclosure. During final site plan review all planting and screening requirements will be reviewed in more detail. Access to the site will be from two existing curb cuts, one on Indian River Road and one on Lila Lane. The access point from Indian River Road will be right-in/right-out only. One of the curb cuts located on Indian River Road will be removed. A freestanding monument sign is shown at the northwest corner of the site. Although it is not shown on the submitted site plan, the applicant will install landscaping around the base of the freestanding monument sign as required by the Zoning Ordinance. The submitted building elevations depict a one-story building containing three service bays. The primary design element is a tower feature located at the northwest corner of the building. The tower feature extends above the roof line and is capped with a pitched, standing-seam metal roof. The primary exterior material is proposed as Exterior Insulation Finish System (EIFS). A brick base runs the length of the building. The brick is extended to the roofline at each corner of the tower feature. A red color band extends around the top of the building. The front façade incorporates three garage doors. The garage doors each contain nine glass panels to provide transparency. A checkered pattern design feature is incorporated in between each of the garage doors. Two building signs are shown on the front elevation. The company logo will be centered on the tower feature. Staff is recommending a condition as part of the Use Permit for the purpose of ensuring all signs comply with the requirements of the Zoning Ordinance.

EXISTING LAND USE: Gas Station with car wash facility (currently vacant) SURROUNDING LAND USE AND ZONING: North:

Indian River Road Commercial uses / B-2 Community Business District

South: Commercial uses / B-2 Community Business District

East: Office use / B-2 Community Business District

West: Lila Lane Eating establishment / B-2 Community Business District

NATURAL RESOURCE AND CULTURAL FEATURES:

The site is developed with a fuel canopy, cashier kiosk, and car wash building. The site is almost entirely covered by impervious surface. The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural resources or cultural features associated with the site.

COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This

LAND USE AND COMPREHENSIVE PLAN

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is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from non-residential uses with respect to type, size, intensity, and relationship to the surrounding uses, (pp. 3-1 through 3-3, Policy Document).

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The Master Transportation Plan Access Controlled Roads Map designates this portion of Indian River Road as access controlled. These roads have restricted direct access to and from the roadway for new developments. Private direct access is not permitted on these roadways except when the property in question has no other reasonable access to the circulation system (p. 6-6, Comprehensive Plan Policy Document). Indian River Road in the vicinity of this application is a six-lane major arterial road with an approximate right-of-way width of 120 feet. The Master Transportation Plan shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. This site is in the vicinity of the Indian River Road/ Kempsville Road Intersection Improvement Project (CIP 2.418.000). Although the site lies within the boundaries of the project, the current project design will not affect the site; however, the applicant should be aware that this is subject to change. Lila Lane is a two-lane local street with a right-of-way width of 55 feet. TRAFFIC:

Street Name Present Volume

Present Capacity Generated Traffic

Indian River Road 60,539 ADT 1 42,100 ADT 1 (LOS 4 “D”)

48,200 ADT 1 (LOS 4 “E”)

Existing Land Use 2 1,222 ADTProposed Land Use 3 120 ADT

Lila Lane No data

available 9,900 ADT 1 (LOS 4 “D”)

11,100 ADT 1 (LOS 4 “E”)1 Average Daily Trips

2 as defined by a gasoline service station with eight fueling stations, convenience store, and car wash. 3 as defined by a quick lubrication vehicle stop with three servicing bays.

4 LOS = Level of Service

WATER: This site is connected to City water. There is an existing 16-inch water main along Indian River Road, and an existing 8-inch water main along Lila Lane.

SEWER: This site is connected to City sewer. There is an existing 8-inch City sanitary sewer gravity main along Indian River Road, an existing 8-inch City sanitary sewer gravity main on the site in a Public Utility Easement, and an existing 42-inch HRSD force main along Indian River Road. Sewer and pump station analysis for Pump Station 443 is required to determine if future flows can be accommodated.

IMPACT ON CITY SERVICES

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This proposal will redevelop what is currently a highly visible distressed property. The applicant’s proposed site changes will, in Staff’s opinion, be a welcomed aesthetic improvement to the area. The proposed oil change facility is similar in nature to the previous use on the site and is compatible with the commercial nature of the surrounding area. Staff finds that the proposal is generally consistent with the Comprehensive Plan’s land use policies for the Suburban Area as well as the provisions of the Zoning Ordinance with regard to site and building design. Provided below is a brief summation of the proposal’s consistency with the Comprehensive Plan’s Special Area Development Guidelines for Suburban Areas:

Access and Circulation- The submitted site plan shows the vehicular and non-vehicular access is clearly marked. The number of entrances from Indian River Road is being consolidated from two curb cuts to one. The proposed site design situates the building such that vehicle stacking is shielded from view from Indian River Road. Additionally, the parking is shifted to a non-focal point along the eastern property line. Internal circulation appears safe and convenient.

Pedestrian Movement- The proposed use of the site is completely automobile-centric in nature and requires little consideration to pedestrian access. Regardless, pedestrian connectivity is addressed by the provision of a clearly marked pathway from the existing sidewalk along Indian River Road to the building entrance.

Parking Areas- The seven parking spaces provided to accommodate employees and customers meet the parking requirements of the Zoning Ordinance. The oil change facility is designed such that customers do not get out of their car. As a result, there is no need for any vehicle storage on site, and parking can be kept to a minimum.

Landscape Design Techniques- A substantial landscape buffer consisting of a two continuous rows of shrubs and large and small canopy trees is provided along both property lines adjacent to the rights-of-way. Additionally, landscaping is provided along the eastern property line. Foundation landscaping will be planted along the side of the building where visible from Indian River Road.

Signage- The proposed freestanding monument sign will be located at the northwest corner of the site. A 75 square foot landscaping bed will be installed surrounding the sign. The applicant has submitted a photograph of a monument sign from another location that will be replicated on this site. The submitted photograph shows a sign with a primary material that matches the building, a brick base, and the company logo.

Building Design- The updated building design has quality building material and is consistent with the Retail Design Guidelines.

Based on the findings above, staff recommends approval of this request with the conditions below.

EVALUATION AND RECOMMENDATION

CONDITIONS

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1. Except as modified by any other condition of the Conditional Use Permit or as necessary to

comply with applicable City development ordinances and standards, the site shall be developed in substantial conformance with the submitted site plan entitled “Take 5 Oil, 5337 INDIAN RIVER RD, VIRGINIA BEACH, VA 23464,” dated 12/17/2014, and prepared by American Engineering. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department.

2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, the building shall be constructed in substantial conformance with the elevations entitled, “TAKE5 / 5 MINUTE OIL CHANGE,” dated 11/03/2014, and prepared by Childrey Robinson Associates. Said Elevation drawing has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department.

3. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with City development ordinances and standards, the freestanding sign shall be monument style and constructed in substantial conformance with the style, material, and size shown in the submitted photograph entitled, “PROPOSED FREESTANDING MONUMENT SIGN”.

4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department.

5. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with applicable City development ordinances and standards, landscape plants shall be installed in substantial conformance with the plan referenced in Condition 1 above.

6. The dumpster shall be enclosed with a solid fence or wall, not less than six feet in height, in a color to match the building, and any required screening shall be installed in accordance with Section 245(e) of the City Zoning Ordinance.

7. No outdoor vending machines and/or display of merchandise shall be allowed.

8. Pedestrian walkway(s) to the building shall be provided as depicted on the site plan referenced in Condition 1 above as well as from any required sidewalks in the public right-of-way in accordance with Section 246(d) of the Zoning Ordinance.

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.

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AERIAL OF SITE LOCATION

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SUBMITTED SITE PLAN (see next page for enlargement of site layout)

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PROPOSED SITE LAYOUT

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BUILDING ELEVATION DRAWING

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PROPOSED FREESTANDING MONUMENT SIGN

(TO BE SIMILAR IN STYLE, MATERIAL & SIZE)

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ZONING HISTORY

# DATE REQUEST ACTION 1 04/24/2007 Conditional Use Permit (Religious Use) Approved 12/09/2003 Conditional Use Permit (Indoor/Outdoor Recreation) Denied 2 10/12/2004 Conditional Use Permit (Mini-warehouse / Self-storage) Approved 3 01/26/1993 Conditional Use Permit (Truck Rental) Approved 01/23/1984 Conditional Use Permit (Mini-warehouse / Self-storage) Approved 4 08/03/1987 Conditional Use Permit (Automobile Repair - tire installation) Approved 5 04/16/1984 Change of Zoning (R-8 to B-2) Approved 6 09/10/1984 Conditional Use Permit (Mini-warehouse / Self-storage) Approved 7 01/17/1983 Change of Zoning (R-8 to B-2) Approved 8 01/17/1983 Conditional Use Permit (Service Station / Carwash) Approved 9 10/11/1982 Conditional Use Permit (Carwash) Approved 11/10/1980 Conditional Use Permit (Automobile Repair) Approved 08/21/1978 Conditional Use Permit (Service Station) Approved 10 01/09/1978 Change of Zoning (R-8 to B-2) Approved

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT