applicant chick-fil-a, inc. agenda item property owner pop steakhouse, llc … · 2016-11-02 ·...

Chick-fil-A, Inc. Agenda Item 1

Applicant Chick-fil-A, Inc. Property Owner POP Steakhouse, LLC Public Hearing November 9, 2016

City Council Election District Bayside

Request Alternative Compliance Special Exception for Alternative Compliance to Article 22 of the Central Business Core (CBC) District: (A) Sec. 2203 Use Regulations (B) Sec. 2204 Development Standards (C) Sec. 2210 Regulations applicable to all signage Staff Planner Ashby Moss Location 4752 Virginia Beach Boulevard GPIN 1477350468 Site Size 1.189 acres AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Vacant building / CBC District Surrounding Land Uses and Zoning Districts North Five-story office building / CBC District South Virginia Beach Boulevard Auto sales / CBC District East First Street Pump station, retail strip center / CBC District West Vacant commercial building / CBC District

Agenda Item 1


• The applicant requests a Special Exception for Alternative Compliance to Article 22 of the Zoning Ordinance,

Central Business Core District. The proposal does not comply with Section 2203 – Use Regulations; Section 2204 – Development Standards; and Section 2209 – Sign Regulations.

• The applicant proposes to develop a new 4,827 square-foot drive-through restaurant with an outdoor seating

area and a freestanding sign. The building is placed approximately 37 feet from the eastern property line (1st Street) and 88 feet from the southern property line (Virginia Beach Boulevard).

• The site has a two-way vehicular entrance on all three street frontages (Virginia Beach Boulevard, First Street

and Kellam Road). The applicant has revised the site plan to eliminate a conflict between the Virginia Beach Boulevard entrance and an existing bus shelter by relocating the shelter to the western edge of the property and locating the vehicular entrance 50 feet from the shelter.

• The drive-thru consists of dual lanes lining the west side of the building to the order kiosks, which are located at

the southwest corner of the building, aligned with the building. After the order kiosks, the lanes merge into a single lane, which wraps around the front of the outdoor patio area and green space to the pick-up window on the eastern side of the building. A 16 to 18-foot wide, one-way, drive aisle circles around the outside of the drive-through lanes. A total of 53 parking spaces are located on the west side and rear of the site.

• Although landscaping is not shown on the submitted site plan, all interior landscaping, including foundation, interior parking lot, and street frontage landscaping, will be provided to meet the current standards of the Site Plan Ordinance. In addition, the applicant has agreed to construct “Town Center” style streetscapes on Virginia Beach Boulevard and 1st Street, consisting of concrete sidewalks with brick paver accents, street trees, pedestrian lights, and other street furnishings.

• The building is constructed of brick on all sides with large windows, dark bronze metal canopies and dark bronze

Bahama shutters. Although the building contains just one story, parapets and faux windows give the appearance of a two-story building on the front half, reaching 26 feet 8 inches. The rear half of the building reaches 19 feet 4 inches.

• A new, eight-foot tall, 12-foot wide monument-style sign is proposed at the southeast corner of the site. The

sign has a two-foot tall brick base made of brick to match the building. The sign has a red aluminum background with white “push-thru” acrylic letters. Internal fluorescent lights will illuminate only the letters, as the red background will be opaque. The wall signs are red “channel-letter” for both the “Chick-fil-A” name and logo. Directional signs are 2.5 feet tall with a gray metal base, white opaque aluminum background and red “push-thru” acrylic letters. The menu board sign contains only menu information and no additional signage.

Background and Summary of Proposal


Zoning History # Request 1 CRZ (B-3 to conditional B-4C) Approved 03/28/2006

CUP (multi-family dwelling units) Approved 03/28/2006 REZ (B-3 to CBC) Approved 02/25/2014

2 REZ (B-3 to CBC) Approved 02/25/2014

Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

The Comprehensive Plan recognizes this area as being within the Central Business District/Core Area of the Pembroke Strategic Growth Area. The SGA Plan, adopted November 10, 2009, describes the Central Business District as “a high-rise district, home to the financial and cultural arts of Virginia Beach, this area is the heart and center of the new emerging downtown for the City of Virginia Beach, and will have the highest density, with a vertically mixed-use epicenter of activity for Virginia Beach,” Pembroke Strategic Growth Area 4 Implementation Plan, p. 26. The stated goals and objectives of the Pembroke SGA Plan are represented in the six Development Principles described on pages 15 – 18 of the Plan (attached at the end of this report).

1. Efficient Use of Land Resources 2. Full Use of Urban Services 3. Compatible Mix of Uses 4. Transportation Opportunities 5. Detailed Human-Scale Design 6. Environmental Stewardship

INTERIM USE POLICY (2016 Comprehensive Plan Policy Document, Chapter 1 Urban Areas, pp. 1-13 and 1-14) Recognizing that the transformation of the SGAs will be gradual and that land development is market driven, our objective is to achieve quality urban site design and building form with flexible building types that will enable a transition to recommended uses over time. Uses deemed inconsistent with the long range vision in the adopted plans, but acceptable as interim uses given current market forces and land uses in the area, should be granted for a limited period of time. These time periods may be extended on an annual basis if the Zoning Administrator and Director of Planning & Community Development find that the current development trend is not indicative of imminent redevelopment consistent with the adopted SGA plans.

Comprehensive Plan Recommendations

2

2

1

2

2

2


Street Name Present Volume Present Capacity Generated Traffic

Virginia Beach Boulevard 46,098 ADT 1 34,940 ADT 1 (LOS 4 “C”) 56,240 ADT 1 (LOS 4 “D”)

Existing Land Use 2 – 516 ADT Proposed Land Use 3 – 2,380 ADT

1 Average Daily Trips 2 as defined by 1.2 acres of CBC zoned property

3 as defined by 4,800 square foot fast food restaurant with drive-thru

4 LOS = Level of Service

Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. There are no CIP projects slated in this immediate area. A mass transit station is planned within one quarter-mile of the site at Kellam Road.

Water This site must connect to City water. There are existing 20-inch and 16-inch City water transmission mains along Virginia Beach Boulevard and an existing 10-inch city water main along Virginia Beach Boulevard. Sewer The site must connect to City sanitary sewer. There is an existing four-inch City sanitary sewer force main along Virginia Beach Boulevard, an existing eight-inch City sanitary sewer gravity main along First Street, and an existing four-inch City sanitary sewer force main along First Street.

The table below describes the sections of the Zoning Code for which the applicant is seeking Alternative Compliance.

CBC District Code Section Required Proposed

Section 2203, Use Regulations

Restaurants, whether freestanding or in a mixed-use building, with a drive-through window, provided that drive-through facilities shall be located on the block interior or on the ground floor of a parking structure so as not to be visible from a public right-of-way

The drive-through facilities are not located on the block interior and are visible from two public rights-of-way.

Section 2204 (a) and (b), Development Standards, Build-to zone

Build-to zone = 0-10’ (on 70% of street frontage) The build-to zone is the portion of a lot in which at least the first two (2) stories of a building façade facing a street must occupy no less than the percentage, as designated in subsection (b), of the distance between the lot lines abutting the public street faced by the building façade. The build-to requirements shall apply to all building façades facing a public street.

0% of the build-to zone on both street frontages contains a building façade.

Section 2204 (a), Development Standards, Parking Setback

Surface parking setback (min.) = 20’ (on 70% of street frontage)

0% of the surface parking setback has been met. A vehicular drive-aisle encroaches 10’ into the setback on both street frontages.

Traffic Impacts

Public Utility Impacts

Evaluation and Recommendation


Section 2204 (b), Building Form Standards, Height

Height (min.) = 25’ or 2 stories, whichever is lower Just over 50% of the building exceeds the minimum height at 26’ 8”. The remainder of the building is 19’ 4”.

Section 2210 (a) (6), Freestanding Signs

Freestanding signs shall be allowed only by special exception for Alternative Compliance.

The Central Business District Association’s Design Review Committee has determined that the proposed freestanding sign complies with the applicable design guidelines.

The Code allows the Planning Director to solicit the comments of the Central Business District Association (CBDA) Design Review Committee reviewed the submitted building elevations and a previous version of the sign package and site plan on October 26, 2016. The Committee voted separately on each aspect of the proposal, with the following results:

Building Elevations – Approved 5-0 as presented Sign Package – Approved 5-0, with one condition. Site Plan – Approved 4-1, with six conditions.

The applicant resubmitted a revised the sign package and site plan to meet the conditions requested by the Committee. Although the proposed drive-thru restaurant does not meet the stated goals and objectives of the Pembroke SGA Plan, it is acceptable as an interim use per the Interim Use Policy described in the 2016 Comprehensive Plan. Since the CBC Design Guidelines are urban in nature, there are very few guidelines that are applicable to this proposal. However, the applicant has taken some steps to improve upon the building and site design to bring them closer to compliance with the Zoning Ordinance:

• Surface parking is located on the interior of the site, • The front portion of the building simulates a two-story building, • Order kiosks are screened from 1st Street by the building and partially from Virginia Beach Boulevard by

landscaping in the median separating the drive-thru lane from the bypass lane. The most impactful improvement, however, is that the applicant has agreed to construct “Town Center” style streetscapes in the public right-of-way along both Virginia Beach Boulevard and 1st Street. These improvements alone will help set the urban standard in this northwest quadrant of the Central Business Core District. Based on the support of the CBDA Design Review Committee, Staff recommends approval of this request.

1. Except as modified by any other condition below, site development shall substantially conform to the site

exhibit titled, “VIRGINIA BEACH BLVD. FSU, VIRGINIA BEACH, VA, SKETCH ‘M’,” dated 10/31/16 and prepared by GBC Design, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department.

2. Landscaping and screening on-site shall meet current site plan requirements, as determined by the Development Services Center’s Landscape Architect during detailed site plan review. Landscaping shall be installed in the median separating the drive-thru from the drive aisle to screen the order kiosks.

3. The building shall substantially conform to the elevations titled, “EXTERIOR ELEVATIONS, RELO VIRGINIA BEACH BLVD, VIRGINIA BEACH, VA S08H-N-SQ-SM-R,” dated 05/10/2016, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department.

4. The dumpster area shall be enclosed by a brick wall matching the building and solid enclosure doors.

Recommended Conditions


5. All signage shall substantially conform to the signage plan titled “Chick-fil-A at Virginia Beach, VA (RELO),” revision date October 31, 2016 and prepared by Clayton Signs, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department.

6. Streetscape improvements within the right-of-way on Virginia Beach Boulevard and 1st Street shall substantially comply with applicable “Town Center” style typical specifications titled “The Town Center” revised 06/28/02 and prepared by CMS Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. Pedestrian easements or a dedication shall be provided where the sidewalk extends onto private property.

7. Internal pedestrian crosswalks shall be constructed of either a combination of brick pavers and concrete or gray stamped concrete with a herring bone pattern as specified in the “Town Center” style typical specifications referenced in condition #6.

8. The applicant or property owner shall be responsible for all costs associated with relocating the bus shelter and any other improvements required as a result of relocating the bus shelter.

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.


Proposed Site Layout – Full Page


Proposed Site Layout - Closeup


Proposed Elevations


Sign Package


Town Center Typical Streetscapes


View from Southeast corner, Virginia Beach Boulevard and 1st Street

View from Northeast corner, 1st Street

View from West, Kellam Road

Site Photos


Disclosure Statement

applicant chick-fil-a, inc. agenda item property owner pop steakhouse, llc … · 2016-11-02 ·...

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