4 June 11, 2014 Public Hearing

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1 4 June 11, 2014 Public Hearing APPLICANT: FRANKLIN JOHNSTON MANAGEMENT DEVELOPMENT, L.L.C. PROPERTY OWNER: TRUSTEES OF FIRST LYNNHAVEN BAPTIST CHURCH STAFF PLANNER: Stephen J. White REQUEST: Change of Zoning (from AG-1 to Conditional A-18) ADDRESS / DESCRIPTION: 2673 Princess Anne Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant proposes to rezone the acres of an existing acre parcel for the purpose of developing a multifamily residential community consisting of 240 dwelling units. The site is currently zoned AG-1 Agricultural, and the applicant is requesting a Change of Zoning to Conditional A-18 Apartment. The subject site was created by a recorded subdivision in That subdivision created a parcel adjacent to Princess Anne Road, currently occupied by a religious facility (church), and the subject parcel; however, the parcels were divided by a 66-foot wide right-of-way dedicated to the City of Virginia Beach. This right-of-way connects on the east end to a public ingress-egress easement that runs through the shopping center to the east. From the east end, the right-of-way runs west, terminating at the same Page 1

2 point as the western lot line or the subject site. Four acres of the existing parcel is being retained by the property owner. Details / Site The proposed layout of the site is such that the majority of the apartment buildings are located on the southwestern portion of the site, leaving most of the northwestern portion for a pond and wooded area. The principal access to the site is via a public ingress-egress easement on the southern side of the shopping center that fronts on Nimmo Parkway. This ingress-egress easement intersects Nimmo Parkway opposite its intersection with George Mason Drive. A traffic control signal will be installed at the intersection, as recommended by the Traffic Impact Study submitted by the applicant and reviewed by Public Works / Traffic Engineering (see Traffic section of this report). The principal access point to the proposed community terminates at a circular drive at the front of the community clubhouse. The circular drive provides a driver with three choices: park at the clubhouse; enter the parking areas for the community via gated access points on the north and south sides of the circle; or exit the site, and return to Nimmo Parkway. The secondary access point is located on the northern side of the site. This access point is also gated and will connect to a street within the 66-foot wide right-of-way described above in the Background section. That street will connect to a public ingress-egress through the shopping center, and intersects Nimmo Parkway opposite an access point for the courts complex. Within the site, parking areas are placed such that each building has adequate parking in close proximity. The Zoning Ordinance requires a total of 433 parking spaces for the proposed development. The site plan shows 482 parking spaces, which exceeds the requirement and results in each dwelling unit having two parking spaces. The applicant is also providing a limited number of covered garages for the use of the residents. Pedestrian circulation is provided throughout the site via a fully-connected sidewalk system. The system includes marked crossings of drive aisles using different colored and textured paving material. Amenities include extensive lawn area and ponds, and two community gathering places. One of these places is located at the principal access to the site, and includes a clubhouse, large patio area, swimming pool, bowling alley, grill cabana, outdoor fireplace, and lawn steps down to the edge of the pond. The second gathering place is located at the northern end of the site, and includes a large cabana, large patio, outdoor grill areas, and covered dining and seating areas. The patio extends to the edge of the pond. Both of these gathering places are connected by pedestrian paths to the overall sidewalk system and those paths encircle each pond, providing an extensive walking trail through the community. A fence is located along the southwest lot lines between the community and the Virginia Beach National Golf Course; thus, walking on the golf course cart paths will not be allowed. Details / Building The buildings are three-stories, with a maximum height of 48 feet. The maximum allowable height for structures in the A-18 Apartment District is 35 feet. The applicant is requesting that the increase in height be addressed through the provision of Section 107(i), which states the following: The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202(b), otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the Comprehensive Plan. This request will be addressed in the Evaluation section of this report. Page 2

3 There are nine buildings, and all except two have a mix of one-, two-, and three-bedroom dwelling units. Buildings 2 and 3 contain only two-bedroom units. The apartment buildings are garden-apartment in overall layout with architectural elements that provide a local vernacular style, which consists of elements of both colonial style and coastal style. Exterior materials consist of brick veneer on the first floor level, as well as on the second floor level in some places to add variation to the exterior. The second and third levels consist of fiber-cement lap siding. Material on the exterior of the pediments consists of fiber-cement panels with battens. The garage and clubhouse buildings have the same exterior design treatment. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Wooded site. SURROUNDING LAND USE AND ZONING: North: Public right-of-way Treed areas Religious facility (church) / AG-1 and AG-2 Agricultural Districts South: Undeveloped field / AG-1 Agricultural District (Historic and Cultural Overlay District) East: Shopping center / B-2 Business District (Historic and Cultural Overlay District) West: Virginia Beach National Golf Course / AG-1 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The site is currently wooded. There are no known significant natural resources or cultural features on the site. COMPREHENSIVE PLAN: The subject site is located with an area designated by the Comprehensive Plan as Interfacility Traffic Area / Princess Anne Special Economic Growth Area (SEGA 4). More specifically, the subject site lies within the Historic Princess Anne Center, which includes the Virginia Beach Municipal Center / Court Complex, the Princess Anne Historic and Cultural Zoning Overlay District, and the surrounding area. Historic Princess Anne Center is planned to expand its role as a highly attractive destination with a balanced blend of residential, commercial, and open spaces to complement the form and function of the municipal center, court complex, and historic district. Planned land uses, both public and private, should be compatible with those found in the municipal center and court complex and, where appropriate, may include residential, office, retail, service, hotel and institutional uses. The applicant provided a presentation with regard to this development proposal to the Interfacility Traffic Area-Transition Area Citizen Advisory Committee (ITA-TA CAC). The proposed development was positively received. Page 3

4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The principal roadways generated traffic will use are Nimmo Parkway, a four-lane suburban major arterial, and Princess Anne Road, which is also a four-lane suburban major arterial. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway Princess Anne Road 18,300 ADT 1 (2013) 26,100 ADT 1 (2014) 32,500 ADT 1 (Level of Service C ) to 34,900 ADT 1 (Level of Service D ) - Capacity 32,500 ADT 1 (Level of Service C ) to 34,900 ADT 1 (Level of Service D ) - Capacity Existing Land Use 2 0 ADT Proposed Land Use 3 1,596 ADT 122 AM Peak Hour Trips 149 PM Peak Hour Trips 1 Average Daily Trips 2 as defined by undeveloped property 3 as defined by 240 apartment units The applicant s engineer prepared a Traffic Impact Analysis (TIA) for the proposed development. The Traffic Engineering Division of Public Works has reviewed the TIA and approves its recommendations, which are as follows: 1. A traffic signal will be warranted at the intersection of Nimmo Parkway and George Mason Drive (the western entrance to Courthouse Marketplace) and should be built. 2. A traffic control island should be constructed in the median opening on Nimmo Parkway at the eastern entrance to Courthouse Marketplace and the Judicial Center. This island will block exiting left turns from the shopping center and the courts, but will continue to allow entering left turns to both destinations. These recommendations are consistent with the Traffic Impact Study prepared for the development of the Courthouse Marketplace Shopping Center. In particular, that Traffic Impact Study specified that if either of the access points on Nimmo Parkway were to satisfy the warrants for a traffic signal, that signal would be installed at the intersection of George Mason Drive and Nimmo Parkway. Additionally, at the time of the installation of that signal, the existing median opening at the eastern access point would be closed. The Department of Public Works has already begun design of the required traffic signal at the George Mason Drive and Nimmo Parkway intersection as well as the design of the median reconstruction at the eastern shopping center entrance, which includes modifications to the Judicial Center parking and access necessitated by the partial median closure. This work is being performed by a consultant under CIP Project # Nimmo Parkway and George Mason Intersection Improvements. Public Works will seek cost participation in this project by the applicant. Page 4

5 WATER: This site must connect to City water. There are no City water service lines directly in front of the site. The closest service lines are located in Nimmo Parkway. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #642 and the sanitary sewer collection system is required to ensure future flows can be accommodated. SCHOOLS: School Current Existing Proposed Capacity Enrollment Zoning 1 Zoning 1 Change 2 North Landing Elementary Landstown Middle 1,516 1, Kellam High 1,826 1, Number of students 2 change represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Staff recommends approval of the requested Change of Zoning from AG-1 Agricultural to A-18 Apartment. The proposed development provides quality dwelling units with a high-level of amenities adjacent to the Municipal Center, where the Comprehensive Plan calls for additional, affordable residential units. Moreover, since the AICUZ at this location is Less than 65 db DNL, this site is one of the few in close proximity to the Municipal Center where residential use is compatible with regard to AICUZ. As noted earlier in this report, the maximum allowable height for structures in the A-18 Apartment District is 35 feet. The proposed apartment buildings are 48 feet in height. The applicant is requesting that the increase in height be addressed through the provision of Section 107(i), which states the following: The City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, landscaping and minimum lot area requirements and height restrictions, except as provided in Section 202(b), otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the comprehensive plan. It is staff s finding that an increase in height of 13 feet will have no significant impact on surrounding properties and will result in a building with greater variation in roofline, thus enhancing the overall design of the building. In sum, staff recommends approval of this request as proffered. EVALUATION AND RECOMMENDATION PROFFERS Page 5

6 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: he Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, entitled Princess Anne Commons, Conceptual Site Plan, and dated January 31, 2014 (the Concept Plan ), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two-hundred forty (240). PROFFER 3: The freestanding monument-style sign located near the primary vehicular entrance to the Property, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by Cox, Kliewer & Company, entitled Princess Anne Commons, Sign Exhibit, and dated January 31, 2014 (the Sign Elevation ), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, entitled Proposed Typical Building Elevation, Princess Anne Commons, and dated January 31, 2014 (the Apartment Elevations ), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: The quality of architectural design and materials of the clubhouse facility and detached garages constructed on the Property, when developed, shall be in substantial conformity with the exhibits entitled Clubhouse Elevation, Princess Anne Commons, (the Clubhouse Elevation) Proposed Typical Garage Elevation, Princess Anne Commons (the Garage Elevation ), respectively. The Clubhouse Elevation and Garage Elevation were prepared by Cox, Kliewer & Company and are dated January 31, 2014 (the Apartment Elevations ). Copies of both the Clubhouse Elevation and the Garage Elevation are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. PROFFER 6: A lighting plan for the exterior portions of the overall site shall be provided as part of the final site plan submittal. PROFFER 7: Any trash compactors located on the Property shall be screened in accordance with the Virginia Beach Landscaping Guide. PROFFER 8: 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 Page 6

7 requirements. STAFF COMMENTS: The submitted proffers ensure that the community will be development with the depicted amenities and at the quality level shown by the plans. The City Attorney s Office has reviewed the proffer agreement dated January 31, 2014 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 7

8 AERIAL OF SITE LOCATION Page 8

9 PROPOSED SITE PLAN (Proffer 1) Page 9

10 PROPOSED BUILDING ELEVATION APARTMENTS (Proffer 4) Page 10

11 PROPOSED BUILDING ELEVATION CLUBHOUSE (Proffer 5) Page 11

12 PROPOSED BUILDING ELEVATION GARAGE (Proffer 5) Page 12

13 PROPOSED COMMUNITY SIGN (Proffer 2) Page 13

14 ZONING HISTORY # DATE REQUEST ACTION 1 03/27/ /08/2004 Modification of Proffers and Conditional Use Permit (Fuel Sales with Convenience Store) Change of Zoning (AG-1 & AG-2 and B-1 [Historic and Cultural Approved Approved Overlay] to Conditional B-2 [HCD]) 2 05/10/2005 Conditional Use Permit (Communication Tower) Approved 3 09/27/1994 Change of Zoning (AG-1 to R-10) Withdrawn 4 02/12/ /26/1993 Modification of Conditions Conditional Use Permit (Religious Facility - Church) Approved Approved 5 08/09/ /19/1981 Modification of Proffers Change of Zoning (AG-1 to Conditional B-1) Approved Approved 6 09/22/1998 Change of Zoning (AG-2 to B-2) Approved Page 14

15 DISCLOSURE STATEMENT Page 15

16 DISCLOSURE STATEMENT Page 16

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