22 March 14, 2012 Public Hearing APPLICANTS/ PROPERTY OWNERS: SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME,INC.

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1 22 March 14, 2012 Public Hearing APPLICANTS/ PROPERTY OWNERS: SOUTHGATE COMMONS, LLC & HOLLOMAN BROWN FUNERAL HOME,INC. STAFF PLANNER: Karen Prochilo REQUEST: Conditional Change of Zoning (AG-1 & AG-2 Agricultural to Conditional B-2 Community Business & I-1 Light Industrial) ADDRESS / DESCRIPTION: West side of Princess Anne Road, south side of Dam Neck Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 28.2 acres square feet AICUZ: 70 to 75 db DNL and within the Interfacility Traffic Area SUMMARY OF REQUEST This Conditional Change of Zoning is being requested by two applicants that own four adjacent parcels between them. The applicants propose to rezone their existing agricultural properties to construct a development with a mix of office, retail and a rehabilitation center. The property when developed will be bisected by an extension of Sportsplex Way. This proposed road will extend from the field house to the signalized intersection at Princess Anne Road and the Landstown Commons retail center. This roadway extension will have 5-foot wide sidewalks on either side. The proposed development is divided into six parcels. Adjacent to Princess Anne Road, Parcels 1, 2, 5 and 6, and Parcel 3, where the rehabilitation center is to be located, are proposed to be rezoned to B-2 Community Business. The southwesternmost Parcel 4 is proposed to be rezoned to I-1 Light Industrial. The layout for Parcel 1 and Parcel 2 depicts 6 commercial buildings for a total of 69,800 SF of potential retail space. Five of the buildings are situated between Princess Anne Road and the parking area. These buildings are designed to have fronts on both the parking lot as well as from the road and incorporate outdoor seating areas between each building. Page 1

2 The design of these buildings incorporates a mix of exterior building materials. The use of brick, stone and EIFS are predominate materials on the buildings. The buildings are designed in a contemporary retail commercial style with large mullioned storefronts and awnings for color. Parcel 3 is proposed to be rezoned to B-2 Community Business and a Conditional Use Permit to establish a new 120-bed single-story rehabilitation center is being concurrently requested with this rezoning application. The Conditional Use Permit application includes a site layout and compatible building elevations to the commercial component. The proposed rehabilitation center will front along the extended Sportsplex Way. The facility is a single-story brick building with aluminum frame window units and an EIFS cornice treatment concealing a primarily flat roof. A front entrance design includes a porte-cochere, a glass block entry accent wall, and clerestory windowed foyer. Parcel 4 is proposed to be rezoned to I-1 Light Industrial. The site layout for this parcel depicts three buildings totaling 106,000 SF. The buildings fronting the proposed right-of-way, Sportsplex Way, have the parking behind and to the sides. No building elevations or renderings are provided for this parcel but it is proffered to be compatible with the design and materials of the commercial parcels and rehabilitation center. Parcels 5 and 6 are proposed to be rezoned to B-2 Community Business. No site layout of building elevations are provided for these triangular shaped parcels. Proffers are written that the architectural design and materials used will be substantially compatible with those depicted on Parcels 1, 2 and 3. The development plan depicts a direct access point on Princess Anne Road for Parcel 6. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND USE AND ZONING: North: Princess Anne Road Retail shops (Landstown Commons) / B-2 Community Business District South: Indoor and Outdoor recreation facilities / AG-1 Agricultural District East: City-owned undeveloped property / AG-1 Agricultural District West: Cemetery, Dominion Virginia Power transmission sub-station / AG-1 & AG-2 Agricultural Districts NATURAL RESOURCE AND CULTURAL FEATURES: The site is undeveloped. A 120 foot wide Dominion Virginia Power easement runs through the property in two locations. The site is located in the Southern Watersheds Management Area s Canal No. 4 drainage area. There are no known significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within North Princess Anne Commons which serves as the principal gateway to the Virginia Beach Municipal Center and houses a number of premier educational, recreational, and medical campuses. Most of Princess Anne Commons lies within the Interfacility Traffic Area (ITA) which offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. Page 2

3 A general vision for the area is in ITA and Vicinity Master Plan. This image is for low-impact campus style developments built within an extensive and interconnected open space and trail network. Extensions of suburban infrastructure built to support new development should be carefully located to preserve the most sensitive lands. Since the area is intended to serve as a transition between the City s developed north and rural south, development proposals should strive to achieve 50 percent open space on each proposed development (p. 16, 18). Existing natural features should be preserved as open space, and manmade features, such as stormwater ponds, parks, utility corridors, and cemeteries, can also qualify toward the 50 percent requirement (p.27). New development should be guided by LEED standards (p. 5). The ITA and Vicinity Master Plan recommends office and corporate park for the majority of the proposed site and open space and parks for the northernmost parcel (p.22). An off-road combination use trail is shown along the power utility right-of-way which crosses through the northern end of the site (p. 26). Since Princess Anne Road is designated as Access Controlled on the Master Transportation Plan, no direct private access is permitted (p and p. 6-6). Due to the opportunities and public investment in Princess Anne Commons, the Princess Anne Commons Design Guidelines were adopted to ensure quality and create a consistent theme throughout the area. The Guidelines address various site and architectural design elements, including linkages, landscaping, lighting, and signage. These guidelines should be followed for any new development in this area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is currently an eight-lane divided major urban arterial to the north of the site and a two-lane undivided major suburban arterial south of the site. The two-lane section of Princess Anne Road is being widened to a four-lane divided roadway as part of a VDOT roadway improvements project, with a scheduled completion date of June, TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road - 4-lane divided major suburban arterial section Princess Anne Road - 8-lane divided major suburban arterial section 24,600 ADT 1 (2010) 51,000 ADT 1 (2009) 34,900 ADT 1 (Level of Service D ) - Capacity 56,240 ADT 1 (Level of Service D ) - Capacity Existing Land Use ADT weekday (< 30 P.M. peak hour trips) Proposed Land Use 3 7,736 ADT weekday (799 P.M. peak hour trips) 1 Average Daily Trips 2 as defined by 28.2 acres of land zoned AG-1 & AG-2 3 as defined by proposed land uses in TIS dated January 10, Traffic Engineering worked with the Applicant s Engineer in the development of the Southgate Commons Traffic Impact Study (TIS) that has been required for this rezoning application. Thus, the methodology and most of the assumptions used in the Southgate Commons TIS are approved. Traffic Engineering provided comments on the first TIS dated September 22, 2011, and many of the comments were resolved with the second TIS dated January 10, The following comments are still unresolved issues with the TIS that should be considered evaluating this rezoning application: a. The TIS shows that the vehicular delays in the evening peak hour at the Princess Anne Road/ Dam Neck Road intersection will be increased very significantly as a direct result of the traffic to be Page 3

4 generated by the proposed Southgate Commons development. The report documents that with full buildout of Southgate Commons in 2013, delays at this intersection be 88 seconds per vehicle (Level of Service F), compared with 78 seconds per vehicle (Level of Service E) without the Southgate Commons traffic. The TIS report shows that while even without Southgate Commons development the intersection will be overcapacity by 7 percent in 2013, the intersection will be 19 percent overcapacity in 2013 with the addition of the Southgate Commons generated traffic. b. As discussed with the Engineer, there are two options that can lessen the traffic impacts of the proposed rezoning on the Princess Anne Road/Dam Neck Road intersection. The first option is to reduce the amount of traffic to be generated by the development by reducing the retail component and adding office space, which generally generates over four times less traffic than retail space. The second option is to proffer off-site improvements at the Princess Anne Road/Dam Neck Road intersection to increase the capacity of the intersection. An example of a profferable improvement would be the addition of turn lane(s) that would improve the capacity of the intersection. The TIS does not include any proposed improvements to mitigate the significant degradation of traffic flow at this intersection. c. There are impacts on the Princess Anne Road/Dam Neck Road intersection in the morning and midday peak hours as a result of the proposed rezoning, but they are not as extreme as the evening peak hour impact. It is noted that if the intersection is improved to reduce the impacts of the evening peak hour traffic addition, the morning and afternoon peak hour impacts will be taken care of as well. 2. The revised Conclusions of the TIS for Southgate Commons must be included in the proffered improvements for the rezoning. 3. The conceptual Rezoning Plan for Southgate Commons shows a proposed direct access point on Princess Anne Road for Proposed Parcel 6. If Parcel 6 is redeveloped as a B-2 land use, direct access will not be allowed from Princess Anne Road because of the Limited Access designation for the roadway in the City s current Comprehensive Plan and the Princess Anne Corridor Study. All access to Proposed Parcel 6 will be internal to the Southgate Commons development. 4. Traffic Engineering reserves the right to make additional comments regarding the roadway improvements on the conceptual Rezoning Plan after the revised plan has been submitted. STORMWATER: Development must provide stormwater management for both quality and quantity. WATER: The subdivision does not appear to provide right-of-way frontage for all parcels where utilities will be installed. City water does not front the property, but may be extended for connection purposes provided hydraulic analysis supports the potential demand. There is a 10 inch City water line in future right-of-way. SEWER: The subdivision does not appear to provide right-of-way frontage for all parcels where utilities will be installed. City sanitary sewer does not front the property, but may be extended provided future flows can be accommodated. Sanitary sewer and pump station analysis for Pump Station # 647 is required to determine if future flows can be accommodated. There is a 12 inch City gravity sanitary sewer main in future right-of-way. DEVELOPMENT SERVICES CENTER: Written permission must be granted by Dominion Virginia Power prior to site plan approval for encroachment of the proposed development. A hydrology study may be required to establish any onsite and downstream drainage requirements and easements. The applicant is responsible for contacting the Department of Conservation and Recreation (DCR) and / or the U.S. Army Corps of Engineers regarding State construction site stormwater permits and the potential presence Page 4

5 of jurisdictional nontidal wetlands respectively. The City of Virginia Beach does not issue Virginia Stormwater Management Program (VSMP) permits or make nontidal wetland determinations or regulate these environmentally sensitive areas. The existing VEPCO R/W inhibits the parking lot interior coverage requirements. The existing VEPCO R/W canopy tree plantings will be restricted in type from being implemented under the transmission lines. Plant within the VEPCO R/W with approved species as per the recommended plant list from Dominion Power. It is suggested to utilize the additional open space areas outside of the VEPCO R/W as planting areas for large canopy tree plantings to fulfill the interior coverage requirements. PARKS & RECREATION: No comments. PRIVATE UTILITES: Dominion Virginia Power the following comments do not constitute the extent of the customer /developer responsibilities: The customer /developer is responsible for calling the Customer Service Center of Dominion Virginia Power to establish a work request before site work is to begin. The customer /developer will be responsible for any construction costs associated with the relocation of any Dominion Virginia Power facilities. The customer /developer will be responsible for any construction costs associated with the installation of permanent power. Dominion Virginia Power will require Right-of-Way from the property owner before any lots are sold. Dominion Virginia Power will require Right-of-Way for all line extensions. The customer /developer will be responsible for clearing the Right-of-Way before Dominion Virginia Power facilities will be installed. The customer /developer will be responsible for installation of Dominion Virginia Power required conduits. The customer /developer will be responsible for any construction costs associated with the installation of permanent power for the proposed pump station. All Dominion Virginia Power facilities will be located in the front of the proposed lots. Any work in a Dominion Virginia Power transmission Right-of-Way will require approval before the work is started. HRSD - No comments at this time. EVALUATION AND RECOMMENDATION The applicants have worked with staff to revise the site plan to a more suitable layout, and staff finds that the proposal is acceptable; however, it is not exceptional in terms of complying with or establishing a trend for the type of development called for in the ITA and Vicinity Plan. Although the rehabilitation center is well suited as a use in the vicinity of the Princess Anne Hospital complex, the remaining commercial mix of retail, restaurant, and office uses are too generic to create the campus-like node desired for this area. Staff has concerns about the abundance of existing and planned retail in this area. This proposed commercial/office development is located directly across Princess Anne Road from an existing 480,000 SF retail center with 40,000SF of office. In addition, this proposal is adjacent to the Sportsplex stadium / indoor field facility site with approval for 50,000 SF of specialty sports related retail and a restaurant. Page 5

6 There is also additional retail in close proximity located along Princess Anne Road at the Sentara Princess Anne medical complex and at Courthouse Marketplace by the municipal center. The proposed architectural designs proffered for the commercial and the rehabilitation center are of quality materials and blend fairly well with the architecture in and around the Princess Anne Commons. The proffer ensuring that the buildings for Parcel 4, Parcel 5 and Parcel 6 are compatible with the renderings for Parcels 1 and 2 is adequate. Design of these parcels should not place parking between the buildings and the proposed right-of-way. The applicant has agreed to provide more detail with a revised proffer between Planning Commission and City Council. In terms of site design, however, the proposal lacks some detail and does not meet all the goals and vision for the ITA and Princess Anne Commons. Although the ITA and Vicinity Plan calls for development proposals to strive to achieve 50 percent open space, the site plan statistics show 25 to 30 percent which appears to be acceptable for this retail use. Further, the open space should be clearly delineated on the site plan. The small stand of trees at the northern tip of the site should be preserved as open space as designated on the ITA and Vicinity Land Use Plan. Portions of the existing utility corridors are incorporated into open space but not fully integrated into a greenway network. Based on input from City staff, the applicant does intend to construct a 10 wide multi-purpose trail within the Dominion Power rightof-way. Although the landscaped entrance feature shown at the primary entrance lacks sufficient detail, a proffer is included that the entrance feature and signage from Princess Anne Road shall be consistent with Princess Anne Commons Design Guidelines. This will be addressed through coordination of landscaping, gateway treatments and signage with the City Departments of Parks and Recreation and Planning during detailed site plan review. The preservation of any naturally occurring mature woodlands in lieu of clearing and re-planting trees is preferred. The unusual shape of Parcels 5 and 6 make for difficult site layouts. It is suggested that these parcels consider resubdividing into more regular shaped lots or be combined in the future. If combined then access should be from the extended Sportsplex Way and not Princess Anne Road. Additionally, it is recommended that the conclusions of the Traffic Impact Study be included in the proffered improvements for this rezoning. Overall, the proposed uses for this development will have a strong relationship to the athletic village and medical village of Princess Anne Commons. This in staff s professional opinion differentiates the proposed project from other commercial developments within the Princess Anne Road corridor. Staff supports this request with revisions to the proffer agreement and plans as discussed. 1. PROFFERS APPLICABLE TO THE ENTIRE PROPERTY 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 1a: The property, when developed in phases, shall be developed substantially as shown on the conceptual site plan prepared by Vanasse Hangen Brustlin, Inc., entitled Southgate Commons, Illustrative Site Plan and dated January 11, 2012, (the Site Plan ) which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. Page 6

7 PROFFER 1b: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall bond or install at its sole expense the following transportation improvements, substantially as depicted on the Site Plan: (1) a right turn land from the southbound Princess Anne Road into the Property, (2) traffic signalization to serve traffic entering and existing the primary vehicular to the Property from Princess Anne Road. PROFFER 1c: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall submit a plat or deed of dedication to the City for an eight foot (80 ) wide public right-of-way (the Right-of Way ) running from the primary entrance to the Property from Princess Anne Road southeast to the parcel boundary shared between the Property and an adjacent parcel owned by the City, substantially as shown on the Site Plan. Within the Right-of-Way, Southgate shall construct (at its sole expense) a paved roadway, together with associated infrastructure, (to include sidewalk, curb and gutter, and street lights), substantially as depicted on the Roadway Typical Section included in the Site Plan. PROFFER 1d: Prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct at its sole expense, an entrance feature and associated signage at the primary entrance to the Property from Princess Anne Road, which entrance feature and signage shall be consistent with the Princess Anne Commons Design Regulations, or as otherwise approved by the City. PROFFER 1e: Southgate agrees to make available two vehicular and pedestrian connections between Proposed Parcel 2 and the City-owned parcel located immediately to the east of Proposed Parcel 2 (the City Parcel ), at approximately the locations depicted on the Site Plan. Additionally, if requested by the City, Southgate agrees to dedicate a pedestrian and vehicular access easement across the private access drives shown on the Site Plan as running within Proposed Parcel 2 and between Proposed Parcel 1, Proposed Parcel 2 and Proposed Parcel 3, provided that the City grants Southgate a reciprocal easement for pedestrian and vehicular access across any private roadway located on the City Parcel. PROFFER 1f: Subject to Southgate s obtaining all required permits, approvals, easements, and City authorizations, prior to the issuance of a certificate of occupancy for the first building constructed on the Property, Southgate shall construct, at its sole expenses, an approximate ten foot (10 ) wide multi-purpose trail substantially as depicted on the Site Plan. PROFFER 1g: Further conditions lawfully imposed by the applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all relevant City Agencies and departments to meet all applicable City Code requirements. 2. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED PROPOSED PARCEL 1 AND PROPOSED PARCEL 2 ON THE SITE PLAN 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. Page 7

8 PROFFER 2a: The architectural design and quality of materials used for the commercial buildings constructed on Proposed Parcel 1 and on Proposed Parcel 2, as depicted on the Site Plan, when developed, shall be in substantial conformity with the rendering prepared by Finely Design Architecture & Interiors, entitled Southgate Commons, Virginia Beach, Virginia and dated November 14, 2011, (the Parcels 1 & 2 Elevations ) which exhibit is on file with the City Planning Department and has been exhibited to the City Council. 3. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED PROPOSED PARCEL 3 ON THE SITE PLAN 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 3a: The architectural design and quality of materials used for the hospital/rehabilitation facility located on Proposed Parcel 3, as depicted on the Site Plan, when developed, shall be in governed by the terms of the Conditional Use Permit.Application heard simultaneously herewith. PROFFER 3b: The architectural use of Proposed Parcel 3, shall be in limited to a convalescent care or other medical facility, or other uses compatible with the noise zone criteria contained in Section 1804 of the City Zoning Ordinance. 4. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED PROPOSED PARCEL 4 ON THE SITE PLAN 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 4a: The architectural design and quality of materials used for the buildings constructed on Proposed Parcel 4, as depicted on the Site Plan, when developed, shall be substantially compatible with the quality of materials depicted on the Parcels 1 and 2 Elevations and those used for the buildings construction on Proposed Parcel 3. PROFFER 4b: Proposed Parcel 4 shall be used for light industrial and /or office uses. In addition to those uses restricted under the I-1 provisions of the City Zoning Ordinance, the following uses shall be prohibited on Proposed Parcel 4 : automotive repair garages or service establishments, automotive service stations; automotive rental, and parts and supply stores; truck and trailer rental; repair establishments; and heavy equipment sales and service. PROFFER 4c: The building layout depicted on the Site Plan for Proposed Parcel 4, is conceptual. The exact orientation and layout of buildings constructed on the Proposed Parcel 4, shall be determined during final site plan review. Page 8

9 5. PROFFERS APPLICABLE TO THOSE PORTIONS OF THE PROPERTY LABELED PROPOSED PARCEL 4 AND PROPOSED PARCEL 4 ON THE SITE PLAN 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 5a: The architectural design and quality of materials used for the buildings constructed on Proposed Parcel 5 and Proposed Parcel 6, when developed, shall be substantially compatible with the quality of materials depicted on the Parcels 1 and 2 Elevations and those used for the buildings construction on Proposed Parcel 3. PROFFER 5b: Parking on Proposed Parcel 5 and Proposed Parcel 6, between Princess Anne Road and the primary structure(s) shall be minimized by placing the majority of the parking on the sides and /or rear of the primary structure(s). PROFFER 5c: A landscaped area shall be provided along Proposed Parcel 6 s Princess Anne Road frontage substantially as shown on the Site Plan. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney s Office has reviewed the proffer agreement dated January 24, 2012, and found it to be legally sufficient and in acceptable legal form. Page 9

10 AERIAL OF SITE LOCATION Page 10

11 PROPOSED SITE PLAN Page 11

12 PROPOSED PERSPECTIVE Page 12

13 PROPOSED PERSPECTIVE Page 13

14 PROPOSED PERSPECTIVE Page 14

15 ZONING HISTORY # DATE REQUEST ACTION 1 02/14/2012 Modification of CRZ & CUP (indoor & outdoor recreational) Approved 05/27/2008 CRZ (AG-1 &AG-2 to B-2) & CUP (indoor recreational) Approved 2 02/12/2008 CRZ (AG-1 &AG-2 to B-2) Approved 3 08/22/2006 CRZ (AG-1 &AG-2 to O-2) Approved 4 08/22/2006 CRZ (AG-1 &AG-2 to O-2) Approved 5 05/27/1997 CRZ (O-2, B-2 & R-10 to AG-1) Approved 6 09/14/1987 CUP (substation) Approved 7 02/06/1984 CRZ (R-8 to PDH2) Approved Page 15

16 DISCLOSURE STATEMENT Page 16

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19 DISCLOSURE STATEMENT Page 19