12 February 8, 2012 Public Hearing APPLICANT:

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1 12 February 8, 2012 Public Hearing APPLICANT: PROPERTY OWNER: VIRGINIA BEACH ASSOCIATES, LC REQUEST: Conditional Change of Zoning (I-1 to Conditional A-36) STAFF PLANNER: Faith Christie ADDRESS / DESCRIPTION: 400 & 402 South Military Highway GPIN: ; ELECTION DISTRICT: KEMPSVILLE SITE SIZE: acres AICUZ: Less than 65 db DNL APPLICATION HISTORY: This request was heard and approved by Planning Commission on November 9, Due an error on the part of Planning Department staff, the incorrect Public Notice sign was posted on the site, which indicated the time of the hearing would be at 6:00 p.m. on a different day. Thus, citizens did not have the opportunity to appear before Commission and voice their opinions. The applicant reposted the site and met with or called concerned citizens regarding the request. A new proffer regarding screening of the project has been added: When the property is developed, a solid maintenance-free vinyl clad privacy fence six feet (6 ) in height with masonry columns shall be constructed and maintained between the parking area closest to Jonathans Cove Drive and the Property s northern boundary line. Additional trees and shrubs will be planted between the fence and the edge of curb in Jonathan s Cove Drive to supplement and fill gaps in the existing vegetated buffer. Staff continues to recommend favorably for this request. SUMMARY OF REQUEST The applicant proposes to rezone the existing I-1 Light Industrial properties to Conditional A-36 Apartment and develop the site with 250 multi-family dwelling units and 450 parking spaces. The proposed density is 25.4 units to the acre. Page 1

2 The submitted concept plan depicts a triangular shaped parcel of 10.6 acres. The plan defines the 100 foot Chesapeake Bay Preservation Area buffer as well as a wetlands delineation line. There are no improvements depicted within the buffer area with the exception of a 4 feet wide pedestrian walking path. Benches are also provided along the pathway. Many of the existing trees within the buffer area will be retained and supplemental plantings will be added where needed. The proposed building is situated 70 feet from the western property line adjacent to South Military Highway, 65 feet from the southern property line, and 70 feet from the northern property line adjacent to Jonathan s Cove Drive. Stamped asphalt defines the access to the site from South Military Highway; two entrances are actually depicted. The applicant has agreed to delineate (with bollards or a gate) the northern most entrance for emergency access only. Parking is dispersed along the western, northern, and eastern sides of the site, as well as in the courtyard area of the building. The proposed landscaping on the site includes street frontage screening in the form of Category 4 screening, which includes a mix of trees and shrubs. Interior parking lot landscaping as well as foundation screening is depicted on the plan also. The existing trees and shrubs along Jonathan s Cove Road will remain undisturbed and supplemented where necessary. Additional Category 4 screening is also depicted along the southern portion of the site. The proposed building is a modified coastal theme with varying roof heights of 50 feet to 70 feet. Dormers mimicking coastal towers and decks, both covered by roof sheds, bump out from the structure providing architectural interest on the building. Building materials include brick and high quality vinyl. A gazebo and small recreation area / tot lot are located behind the southeastern portion of building, and a pool area is located in the courtyard area. EXISTING LAND USE: Hotel and Restaurant / Bar, I-1 Light Industrial LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: South: East: West: Jonathan s Cove Road Jonathan s Cove subdivision / R-5S Residential Heavy equipment sales, rental and repair / I-1 Light Industrial Finger of the Elizabeth River and filled borrow pit, now bulk storage / R-10 Residential and I-1 Light Industrial South Military Highway NATURAL RESOURCE AND CULTURAL FEATURES: The site is partially covered by buildings and parking and partially wooded. The site is in both the Resource Protection and Resource Management areas of the Chesapeake Bay Preservation Area. The submitted site development plan depicts all of the proposed development, except a walking path, outside of the 100-foot buffer area. The site drains toward the drainage ditches, tidal creeks, and wetlands on the eastern portion of the property and to the Eastern Branch of the Elizabeth River. COMPREHENSIVE PLAN: Suburban Area Suburban Focus Area 8 / Military Highway Corridor The Military Highway Corridor is a one and one half mile corridor along Military Highway, with low to medium Page 2

3 density residential to the west, light industrial uses to the east, the Elizabeth River to the north and the City of Chesapeake to the south. The general pattern of land uses along this corridor has remained unchanged for decades. Recommendations for the corridor include replacing industrial uses with compatible uses such as medium density residential, office, hotel, and institutional uses. Land use changes adjacent to existing stable neighborhoods must be compatible uses, and employ appropriate buffering, access points should be limited along Military Highway, and new and redeveloped uses should improve the aesthetics of this corridor through high quality building design, signage and landscaping. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Military Highway in front of this is an eight-lane divided major urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150 foot right-of-way. Currently, this segment of roadway is functioning near capacity at a LOS D. No roadway Capital Improvement Program projects are slated for this segment of roadway. TRAFFIC: Street Name South Military Highway Present Volume Present Capacity Generated Traffic 43,061 ADT 1 56,240 ADT 1 (Level of Existing Land Use Service D) ADT Proposed Land Use 3 1,680 ADT (128 AM Peak Hour Vehicles / 155 PM Peak Hour Vehicles) 1 Average Daily Trips 2 as defined by 140 lodging units 3 as defined by 250 multi-family units WATER: This site is connected to City water. SEWER: This site is connected to City sanitary sewer. The applicant shall provide an analysis of Pump Station #467 to insure flows can be accommodated. The pump station has capacity issues and may require a system modification. DEVELOPMENT SERVICES CENTER: The site is within the Chesapeake Bay watershed. Stormwater quality and quantity will have to be addressed in accordance with the CBPA Ordinance, Stormwater Management Ordinance, and the Virginia Stormwater Management Handbook. SCHOOLS: School Current Enrollment Capacity Generation 1 Change 2 Woodstock Elementary Kempsville Middle Tallwood High 2,095 2, generation represents the number of students that the development will add to the school 2 change represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Page 3

4 EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the submitted proffers, provided below. The request to rezone the I-1 Light Industrial property to Conditional A-36 Apartment zoning to redevelop a high quality apartment community is compatible with the land use principles of the Comprehensive Plan. The addition of this high quality development will be beneficial along this portion of the South Military Highway corridor. The site is located on South Military Highway in an industrial area of the City. Currently the site is occupied by a hotel and restaurant / bar. The site is typical of 1950 s and 1960 s development for hotel facilities. The hotel is one story block building, designed in a U shape, with parking placed adjacent to the rooms. The restaurant / bar are currently closed. Along the southern portion of the property there is evidence of fill, soil with concrete and brick debris, as well as in the wooded section along the eastern border of the property. The applicant has taken care to design a project that does not propose any development, except a walking trail, in the Resource Protection Area of the Chesapeake Bay Preservation Area. Stormwater management will be managed on the site which has not been done with past development. This will protect the surrounding wetlands and fingers of the Elizabeth River. The submitted site plan depicts retention of treed areas and infill of landscaping where needed. Stamped concrete defines the main entrance to the site. An existing access point from South Military Highway will be closed with this development, and the proposed second entrance will only be available for emergency vehicle access. The plan also depicts sufficient parking for the proposed use. The parking includes bicycle spaces as required by the recently approved changes to the parking section of the zoning ordinance. The proposed architectural design of the site is complementary to the existing neighborhood to the north. Staff finds the request to be a positive improvement for the site and the corridor and recommends approval with the submitted proffers. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to offset identified problems to the extent that the proposed rezoning is acceptable, ( 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be substantially in accordance with the Preliminary Site Plan entitled Concept Plan for Riverview Landing, dated August 1, 2011, prepared by Cox, Kliewer & Co., P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ( Site Plan ). PROFFER 2: When the Property is developed, the residential structures depicted on the Site Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the EIGHT (8) exhibits entitled RIVERVIEW LANDING APARTMENTS, prepared by Cox, Kliewer & Co., P.C., dated July 29, 2011, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ( Elevations ). Page 4

5 PROFFER 3: When the Property is developed, there will be no more than two hundred fifty (250) residential apartment units provided within the building depicted on the Site Plan. PROFFER 4: When the property is developed, a solid maintenance-free vinyl clad privacy fence six feet (6 ) in height with masonry columns shall be constructed ad maintained between the parking area closest to Jonathans Cove Drive and the Property s northern boundary line. Additional trees and shrubs will be planted between the fence and the edge of curb in Jonathan s Cove Drive to supplement and fill gaps in the existing vegetated buffer. PROFFER 5: When the Property is developed, as a condition precedent to Site plan approval, Grantor shall provide Grantee a photometric plan for its review and approval. The photometric plan shall include the location of all pole mounted, building mounted, and low level security lighting fixtures as well as a listing of all lamp types, wattages and types of fixtures. The photometric plan shall provide for lighting on the site consistent with the applicable standards recommended by the Illumination Engineering Society of North America, to include lighting which overlaps and is reasonably uniform throughout the parking area. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area. The City Attorney s Office has reviewed the proffer agreement dated August 1, 2011, and found it to be legally sufficient and in acceptable legal form. 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 or Change of Zoning 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 RENDERING Page 8

14 2 3 1 ZONING HISTORY # DATE REQUEST ACTION 1 12/7/10 11/16/06 12/3/02 12/6/94 7/12/94 5/10/82 Modification of Conditions Conditional Use Permit (Bulk Storage) Conditional Use Permit (Bulk Storage) Conditional Use Permit (Recycling) Conditional Use Permit (Bulk Storage) Conditional Use Permit (Landfill) Approved Approved Approved Approved Approved Approved 2 5/27/08 11/22/94 Conditional Use Permit (Community Boat Dock) Rezoning (B-4 Resort Commercial to R-5S Residential) Approved Approved 3 10/26/10 Conditional Use Permit (Church) Approved Page 14

15 DISCLOSURE STATEMENT Page 15

16 DISCLOSURE STATEMENT Page 16