Requests Conditional Rezoning (I-1 Light Industrial to Conditional A-36 Apartment) Staff Planner Kristine Gay

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Applicant Franklin Johnston Group Management & Development, L.L.C Property Owner ABP VA (Virginia Beach), L.L.C Public Hearing October 12, 2016 City Council Election District Bayside Agenda Item 11 Requests Conditional Rezoning (I-1 Light Industrial to Conditional A-36 Apartment) Staff Planner Kristine Gay Location 200 Price Street GPIN 1467925752 Site Size 10.38 acres AICUZ Less than 65 db DNL Existing Land Use and Zoning District Vacant Industrial / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Industrial warehouse / I-1 Light Industrial South Interstate 264 Single-family dwellings / R-7.5 Residential East Mobile home park / A-12 Apartment West Wooded lot / I-1 Light Industrial Page 1

Background and Summary of Proposal The applicant requests to rezone the subject parcel from I-1 Industrial District to Conditional A-36 Apartment District for the purpose of demolishing the existing vacant industrial structures and redeveloping the site with 264 multi-family dwelling units. The proffered site exhibit depicts seven four-story apartment buildings, one two-story clubhouse, an outdoor swimming pool, two pocket parks, and a playground. The exhibit on page 6 of this report shows two proposed regional stormwater facilities that will capture and treat the stormwater runoff from this project, and likely other properties in the vicinity. As these properties are not part of this conditional rezoning request, they are muted on the exhibit. For access and circulation, a traditional street layout is proposed with street trees, pedestrian lights, on-street parallel parking, and sidewalks. The buildings will be directly accessible from the streets as well as from the nested/interior parking lots. 1 2 3 Zoning History # Request 1 MOD (Storage and Processing of Salvage, Scrap, or Junk) Approved 03/18/2001 CUP (Storage and Processing of Salvage, Scrap, or Junk) Approved 11/06/1994 2 CUP (Automotive Repair Garage) Approved 05/09/2012 3 CUP (Bulk Storage Yard) Approved 07/13/1994 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Page 2

Comprehensive Plan Recommendations The site is located in an area of the Pembroke Strategic Growth Area referred to as the Central Village District. This district is envisioned by the Pembroke SGA Plan as an eclectic, mid to low-rise commercial and urban-residential area. More specifically a maximum building height of thirty to fifty feet is recommended (pp. 58). Due to the planned high residential density, a great deal of gathering places and open space will be required. The SGA Plan specifically calls out pocket parks and urban plazas as being appropriate in the Central Village District and recommends that twenty percent of the developed area be green space and thirty percent be open space (these spaces may overlap) (pp. 58). To achieve this, on page 54, the Plan recommends incorporating recreational activities as a secondary use of green infrastructure improvements. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources on these properties. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 14,800 North Witchduck Road 47,814 ADT 1 ADT 1 (LOS 4 C ) Existing Land Use 2 789 ADT 27,400 ADT 1 (LOS 4 E ) Proposed Land Use 3 2,283 ADT 1 Average Daily Trips 2 as defined by 10.38 acres of I-1 zoned property 3 as defined by 10.38 acres of A-36 zoned property 4 LOS = Level of Service North Witchduck Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan (MTP) depicts an ultimate eight-lane facility within a 155-foot right-of-way. Currently, this segment of roadway is functioning at capacity at a LOS F. There is a roadway Capital Improvement Program (CIP) project slated for this area, Witchduck Road - Phase II (CIP 2-025), will provide a six-lane divided roadway on a 143-foot to 165-foot variable right-of-way from I-264 to Virginia Beach Boulevard, a distance of approximately 2,600 feet. Roadway modifications also include Pennsylvania Avenue, Mac Street, Southern Boulevard, Cleveland Street and Admiral Wright Road at Denn Lane. Mac Street, Rouse Street and Southern Boulevard in the vicinity of this application are considered two-lane undivided local streets. They are not included in the MTP. As part of the Witchduck Road Phase II roadway project, Mac Street will be terminated just east of Witchduck Road and will be extended north to intersect with Southern Boulevard at Pennsylvania Avenue. With the proposed light rail extension project, a traffic signal will be installed at the Mac/Southern/Pennsylvania intersection. Right-of-way improvements, such as pavement widening, sidewalk, curb & gutter, streetlights, and drainage, will be required along Mac Street and Rouse Street to bring these streets up to current Public Works Standards for local streets. Stormwater Impacts The applicant is coordinating with the City to develop stormwater facilities to accommodate the stormwater runoff from the subject site as well as from future development in the Central Village District. These ponds are referenced on the site exhibit, but are not included in the conditional rezoning request. Both, the quantity and quality of the stormwater generated from this site will need to be fully addressed during the site plan review process. Page 3

Public Utility Impacts Water The site is currently connected to City water. The existing 5/8-inch meter (City ID# 95039622) and existing fire meter (City ID# 56272401) may be used or upgraded to accommodate the proposed development. Sewer City sewer is not available to this site, but the site currently connects to a private sanitary sewer system through the adjacent property to the east. The applicant will continue to work with the Department of Public Utilities to determine how best to provide sanitary sewer service to this area. Evaluation and Recommendation The request to rezone this parcel from I-1 Industrial District to Conditional A-36 Apartment District is consistent with the recommendations of the Pembroke Strategic Growth Area (SGA) Plan and the 2016 Comprehensive Plan. As is typical, the proffers address site layout, architectural design and the maximum number of multi-family dwelling units proposed. Proffer #4 acknowledges that the site exhibit has been prepared in a conceptual manner. The applicant has met with numerous City review agencies (Permits and Inspections, Development Services Center, Fire, Traffic Engineering, Landscape Maintenance, Public Utilities, and Public Works) to become aware of the detailed requirements associated with the proposed development. The applicant is confident that said requirements can be satisfied at site plan review. While the request is to rezone the site to a district that allows up to 36 units per acre, the proposed development will result in a residential density of 25 units per acre. Ideally, and with time, development in the SGAs will be higher density, (at least 36 units per acre), and incorporate a variety of uses that share structured parking and partially rely on light rail. However, this proposal s introduction of multi-family residential units in the Central Village District is supported by a number of goals of the Pembroke SGA Plan and by the Comprehensive Plan, despite the lower proposed density of 25 units per acre. In Staff s view, removal of the existing industrial zoning provides an opportunity to execute the vision of the Pembroke SGA Plan. The Comprehensive Plan identifies eight Strategic Growth Areas. These areas are identified as the locations to direct future population growth and development. Understanding that future development requires substantial infrastructure improvements, City Council approved individual implementation plans for each SGA. These plans consistently recommend that the City review opportunities to work with private development proposals through Public Private Partnerships (PPP) to gain public infrastructure improvements. This request to conditionally rezone the site from I-1 Industrial District to A-36 Apartment District is the first step of the larger multi-faceted proposal to follow the PPP strategy outlined in the Pembroke SGA Plan. By use of said strategy, the Strategic Growth Areas Office is managing the following initiatives that [in conjunction with this requested conditional rezoning] are essential to the success of the overall project: Coordination with the Department of Housing and Neighborhood Preservation to designate the subject site as a Revitalization Area. Coordination with the Departments of Public Works and Public Utilities to provide stormwater, wastewater, and street improvements to accommodate the proposed development and future development proposals in the Central Village District. Page 4

Coordination with the Fire Department and Public Works/Traffic Engineering regarding potential dedication of rights-of-way to provide connectivity for pedestrians, bicyclists, drivers, and utilities, to adjacent rights-of-way and properties. Accordingly, for the reasons summarized above, Staff recommends approval of the subject request per the proffers below. Proposed 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 compliance with the conceptual site plan prepared by Cox, Kliewer & Company, entitled Price Street Apartments, and dated February 9, 2016 (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 quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial compliance with the exhibit prepared by Cox Kliewer & Company, entitled Price Street Apartments, and dated February 26, 2016 (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 3: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of threehundred seventy (370). Proffer 4: 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. Page 5

Proposed Rezoning Exhibit (Proffer #1) Page 6

Proposed Elevations (Proffer #2) Page 7

Location Exhibit Page 8

Disclosure Statement THE FRANKLIN JOHNSTON GROUP, LLC Page 9

Disclosure Statement Page 10

Disclosure Statement Page 11

Disclosure Statement Page 12

Disclosure Statement Page 13

Disclosure Statement Page 14

Disclosure Statement Information Page 15

Disclosure Statement Information Page 16

Disclosure Statement Information Page 17