3 NOVEMBER 9, 2011 Public Hearing APPLICANT:

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1 REQUEST: Conditional Change of Zoning (B-2 & I-1 to Conditional A-18) 3 NOVEMBER 9, 2011 Public Hearing APPLICANT: S.L. NUSBAUM REALTY COMPANY PROPERTY OWNER: USF PROPCO II, LLC STAFF PLANNER: Leslie Bonilla ADDRESS / DESCRIPTION: 1224 Diamond Springs Road, 1265 Diamond Spring Road and properties located west of these sites. GPIN: ; ; ; and ELECTION DISTRICT: BAYSIDE SITE SIZE: acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing I-1 Light Industrial District and B-2 Community Business District properties to Conditional A-18 Apartment District for the development of 252 rental apartments within 9 buildings. The proposed apartment buildings are 48 feet in height. These apartments include one bedroom, two bedroom and three bedroom units. Each apartment unit ranges from 879 square feet to 1,416 square feet in area. Parking is dispersed throughout the site for the convenience of each apartment building. One full access point is provided off of Diamond Springs Road and one emergency access entrance is provided off of Diamond Springs Road. The emergency entrance will be locked except for use by emergency vehicles. This emergency entrance shall be designed to be not easily seen and will include grass connectors with turf reinforcement capable of supporting emergency vehicles. Amenities within the apartment complex include a community clubhouse, pool, open space and pavilion. In addition, the proposed BMP is enhanced with a fountain and there is decorative fencing and landscaping to enhance the view of the site from Diamond Springs Road. The exterior building materials for these traditional designed apartments consist of vinyl siding, fiber cement lap siding, stone veneer, prefinished metal roofing and architectural shingles roofing. Page 1

2 EXISTING LAND USE: vacant manufacturing / warehouse facility LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: Vacant land, car wash, and gas station / B-2 Community Business District South: Multi-family dwellings / R-5D Residential Duplex District East: Retail shops / B-2 Community Business District West: Hotel / H-1 Hotel District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Urban Area, Strategic Growth Area 1, Burton Station. The Burton Station (Northampton Boulevard Corridor) SGA Implementation Plan, adopted December 2008 is one of the eight strategic growth areas within the city identified to provide opportunities for continued physical and economic growth; protect established neighborhoods from incompatible development; maximize infrastructure efficiency and create unique and exciting urban destinations (p. 2-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road in front of this site is considered a four-lane divided minor suburban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot right-of-way. Currently, this segment of roadway is functioning under capacity at a LOS C or better. Northampton Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The Master Transportation Plan proposes an eight-lane facility within a 190-foot right-of-way. Currently, this segment of roadway is functioning over capacity at a LOS E. No roadway Capital Improvement Program projects are slated for these segments of roadways. Two access points are proposed along Diamond Springs Road. No access points are proposed along Northampton Boulevard. TRAFFIC: Street Name Diamond Springs Road Northampton Boulevard Present Present Capacity Volume 19,702 ADT 1 30,600 ADT 1 (Level of Service D ) 62,766 ADT 1 56,240 ADT 1 (Level of Service D ) Generated Traffic Existing Land Use 2 3,235 ADT or 912 ADT Proposed Land Use 3 1,662 ADT or 1,693 ADT 128 AM Peak Hour Vehicles (total), 156 PM Peak Hour Vehicles (total) 1 Average Daily Trips 2 as defined by 4.4 acres of B-2 and Acres of I-1 zoning or 204,429 square feet of warehousing 3 as defined by acres of A-18 zoning or 252 apartment units Page 2

3 WATER: This site currently connects to City water. The existing 5/8-inch water meter (City ID# ), two-inch water meter (City ID# ), and the fire meter (City ID # ) can be used or upgraded to accommodate the proposed development. SEWER: The site is currently connected to City sanitary sewer. Analysis of Pump Station #326 and the sanitary sewer collection system is required to ensure future flows can be accommodated. POLICE: A small active play park may be included to give children a designated location to play visible from units. SCHOOLS: School Current Enrollment Capacity Generation 1 Change 2 Bayside Elementary Bayside Middle 977 1, Bayside High 1,842 1, 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). EVALUATION AND RECOMMENDATION The proposal is compatible with the surrounding residential and multi-family community. The proposed apartment complex adjacent to residential and multi-family apartment district is more in keeping with the surrounding uses than the existing industrial facility. Because the proposed apartments are similar in land use to the existing apartment district, this use is more compatible than the existing industrial use. In order to ensure compatibility with the surrounding community, the proposed apartments are set back at least 40-feet away from the existing residential in order to reduce the impact of the development on the surrounding community. In addition, fencing and landscaping are planned between the proposed apartments and the surrounding community. The proposed development will be enhanced with recreational and leisure opportunities located within the complex including a swimming pool, open space, and clubhouse. Although this site is located within the Burton Station Strategic Growth area, the long range plans do not provide specific recommendations for how this site should be developed. Staff therefore has relied on the overarching principles for the area to shape development goals. These principles include promoting economic development, providing a mix of uses, and improving the quality of life. Staff finds that the proposal is consistent with these principles as the proposal promotes economic development by taking a vacant warehouse building and developing apartments which brings life to the area. People who live in the apartments will most likely shop, work, and play in the surrounding Strategic Growth Area and promote economic development. The proposal also improves the quality of life for the surrounding community as apartments are more compatible with surrounding mix of uses than the existing industrial building. Page 3

4 It should be noted, however, that the applicant must obtain the following variances through the Board of Zoning Appeals in order to develop the site as proposed: 1. A variance to allow a fence taller than four feet within the front yard setback. The proposed fence located within the front yard setback is four feet, eight-inches (4-8 ) tall. 2. A variance to allow apartment buildings taller than 35 feet tall within an A-18 Apartment District. The proposed apartments are 48 feet tall. 3. A variance to allow a fence within the required Category IV landscape screening area adjacent to a residential zoning district. City code does not allow any other uses or structures within this screening area, therefore a variance is required in order to place a solid fence within this required landscape buffer. 4. A variance is required to allow more than one monument sign on this site along Diamond Springs Road. Two monument signs are proposed at the entrance of this apartment complex. One sign is a traditional style monument sign and the other sign is integrated within the entrance feature of the complex. Staff finds these variances are acceptable as they are in keeping with the adjacent Northampton- Diamond Springs Corridor design guidelines. The Burton Station Strategic Growth Area Implementation Plan does not have design guidelines for apartment buildings; therefore staff has utilized the commercial design guidelines as a benchmark for design because the proposed apartments should be consistent in design with the nearby commercial building along Northampton Boulevard. These commercial guidelines allow buildings of varying height in order to maximize views. The proposed fencing and sidewalks creates a pedestrian friendly environment as identified as a goal within the guidelines. The fencing also provides security to the development to enhance the quality of life for the residents and staff does not object to the variance to allow two signs at the primary entrance of the site. The design of one of the signs is part of the entrance waterfall feature and does not appear to be a traditional sign. Staff encourages this innovative creativity and does not object to the proposed waterfall sign. Overall, staff finds that this use is compatible with the surrounding community and the Burton Station Strategic Growth Area Implementation Plan. In addition, staff finds that the existing infrastructure including roads, water, access for emergency vehicles and schools is adequate. Although Northampton Boulevard is currently operating at a level of service that is over-capacity, staff finds that the rezoning reduces the by-right trips to and from this site. In addition, although the enrollment for Bayside High School is currently over-capacity, a representative from the Virginia Beach Public Schools System has informed the Planning Department that the anticipated student enrollment generated by this development places the overall school enrollment within an acceptable range. The schools have built in a threshold over the capacity that does not reduce the level of service, and this proposal is in that threshold. The applicant further agrees to work with public and private utilities to relocate existing utilities or easements as necessary. Staff, therefore, recommends approval of the proposed rezoning with proffers as submitted. 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: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Siska Aurand Landscape Architects, Inc., entitled Landscape Plan, Spring Water Apartments, Page 4

5 dated August 25, 2011, consisting of 2 sheets (the Site 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 maximum number of residential units constructed on the Property shall not exceed two-hundred fifty two (252). PROFFER 3: The architectural treatment, size and quality of the residential units, garages, and club house constructed on the Property shall be in substantial conformity with the conceptual renderings prepared by Cox, Kliewer & Company, P.C., entitled Spring Water Apartment Conceptual Rendering, and Spring Water Apartments, both dated August 25, 2011, (the Rendering ), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The Grantor shall construct on the Property, when developed, a swimming pool facility in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled Swimming Pool Concept B Spring Water Apartments, dated August 25, 2011, 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 Grantor shall construct on the Property, when developed, a landscape/waterscape entrance feature in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled Entry Fountain Concepts Spring Water Apartments, dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 6: The design, size and type of the ornamental fencing to be constructed along the Property s Diamond Springs Road frontage, and the Auto Gates to be installed in the interior of the site, shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled Fencing and Auto Gate Elevations, dated August 25, 2011, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 7: The architectural treatment, size and quality of the freestanding sign to be located along the Property s Diamond Springs Road frontage shall be in substantial conformity with the conceptual rendering prepared by Siska Aurand Landscape Architects, Inc., entitled Small Street Signage Concept Spring Water Apartments, dated August 25, 2011, (the Rendering ), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 8: The Grantor shall install landscaping and ornamental fencing along the Property s Diamond Springs Road frontage in substantial conformity with the exhibit prepared by Siska Aurand Landscape Architects, Inc., entitled Landscape/Greenspace Along Diamond Springs Road Spring Water Apartments, dated August 25, 2011, (the Rendering ), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 9: The Grantor shall provide a fountain feature in the stormwater impoundment pond depicted on the Site Plan. PROFFER 10: The Grantor shall provide an emergency access entrance (the Emergency Entrance ) substantially as depicted on the Site Plan, which shall be used for access by emergency vehicles only. The design of the Page 5

6 Emergency Entrance, which shall consist of grass with turf reinforcement capable of supporting emergency vehicles, shall be coordinated with Traffic Engineering during Site Plan review. PROFFER 11: Further conditions lawfully imposed by 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 cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they insure the site will be developed in accordance with the submitted site plan and elevations. The proffers define the proposed number of dwelling units and site amenities. In addition, the proffers give staff the flexibility to ensure reasonable traffic, stormwater, public safety, public utilities, and public works concerns are adequately addressed within detailed site plan review. The City Attorney s Office has reviewed the proffer agreement dated September 1, 2011, and found it to be legally sufficient and in acceptable legal form. Page 6

7 AERIAL OF SITE LOCATION Page 7

8 PROPOSED LANDSCAPE PLAN Page 8

9 APARTMENT BUILDING ELEVATION Page 9

10 CLUBHOUSE AND GARAGE ELEVATIONS Page 10

11 SWIMMING POOL DETAIL Page 11

12 ENTRANCE WATERFALL FEATURE DETAIL Page 12

13 PROPOSED FREE-STANDING SIGN Page 13

14 FENCE DETAILS (Diamond Springs Road) Page 14

15 Northampton- Diamond Springs Corridor Proposed Rezoning Site BURTON STATION STRATEGIC GROWTH AREA IMPLEMENTATION PLAN (THE CONCEPTUAL MASTER PLAN: Core Study Area) Page 15

16 ZONING HISTORY # DATE REQUEST ACTION 1 11/19/ /17/1976 Rezoning (R-5 to I-1) Rezoning (B-2 to I-1) Granted Granted 2 06/14/ /16/1997 Conditional Use Permit (church within shopping center) Conditional Use Permit (gas station with convenience store) Granted Denied 3 11/28/2006 Conditional Use Permit (cellular telephone antenna) Granted 4 07/12/2005 Conditional Use Permit (gas station with convenience store) Granted 5 09/26/2006 Conditional Use Permit (car wash) Granted 6 06/27/2000 Conditional Use Permit (gas station with convenience store) Granted 7 01/14/1997 Rezoning (B-2 to Conditional I-1) Granted Page 16

17 DISCLOSURE STATEMENT Page 17

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19 DISCLOSURE STATEMENT Page 19

20 DISCLOSURE STATEMENT Page 20