BANKS ENTERPRISES, RLLP Agenda Item 3 Page 1

3June 12, 2013 Public Hearing

APPLICANT & PROPERTY OWNER:

BANKS ENTERPRISES,

RLLP

STAFF PLANNER: Carolyn A.K. Smith

REQUEST: Conditional Change of Zoning (B-2 Community Business to A-18 Apartment District)

ADDRESS / DESCRIPTION: 800 Baker Road GPIN: 14681299430000

ELECTION DISTRICT: KEMPSVILLE

SITE SIZE: 3.18 acres

AICUZ: Less than 65 dB DNL

The applicant requests a Rezoning of the existing 3.18-acre site from B-2 Business to A-18 Apartment for the purpose of demolishing the existing shopping center on the site and constructing up to 57 multifamily apartment units. The resulting density is 17.92 units to the acre. The applicant also owns the Weblin Place Apartments immediately adjacent to the east. As per the applicant’s representative, the residents of the new apartments will be able to utilize the 3 acres of open space and the outdoor pool located on the Weblin Place Apartment site. Pedestrian and vehicular connections are proposed for access into the adjacent complex. The five, three-story buildings are proposed with a total height not to exceed 45 feet. Exterior building materials are depicted as a mix of vinyl siding and brick. A deviation to the maximum height permitted in A-18 Apartment District, which is 35 feet, is requested with this rezoning. The majority of the parking spaces are proposed behind the buildings, out of sight of Baker Road. The Zoning Ordinance requires a minimum of 113 parking spaces and 126 are planned. A berm is proposed along the length of Baker Road and Weblin Drive, which will be planted with a mix of trees and shrubs that will aid in screening and enhancing the view from the rights-of-way.

BACKGROUND / DETAILS OF PROPOSAL

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EXISTING LAND USE: shopping center and parking lot SURROUNDING LAND USE AND ZONING:

North: Weblin Drive Retail shops / B-2 Community Business District

South: Regent Lane (private ingress/egress) Retail shops / B-2 Community Business District

East: Townhouses, apartments / A-18 Apartment District West: Baker Road

Apartments / A-18 Apartment District NATURAL RESOURCE AND CULTURAL FEATURES:

The site is within the Chesapeake Bay watershed. There are no significant environmental or cultural features on the site as it is almost entirely impervious due to the development of the site as a shopping center.

COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Suburban Focus Area (SFA) 2 – Lake Edward. The community and the City have focused on improving public safety, revitalizing existing homes and increasing both recreational and educational opportunities. Specifically, the Comprehensive Plan’s recommendations for this area support those recent improvements and the community’s goals for Lake Edward by offering City support and resources needed for public safety, code enforcement, housing maintenance, housing improvement, transportation mobility, and encouragement of compatible land uses (p. 3-11). The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (p. 3-1 through 3-3).

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Baker Road in the vicinity of this application is considered a 2-lane undivided minor suburban arterial. The MTP proposes a 4-lane facility within a 100-foot wide right-of-way. No roadway CIP projects are slated for this section of Baker Road.

TRAFFIC: Street Name

Present Volume

Present Capacity Generated Traffic

Baker Road 12,947 ADT 1 13,600 ADT 1 (Level of Service “C”) - 16,200 ADT 1

(Level of Service “E”)

Existing Land Use 2 – 3,455 ADT

Proposed Land Use 3 – 399

LAND USE AND COMPREHENSIVE PLAN

IMPACT ON CITY SERVICES

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ADT

1 Average Daily Trips 2 as defined by 28,000 sf shopping center & 3,000 sf convenience store

3 as defined by 60 apartment units

WATER: This site is already connected to City water. There are several water meters that can be used or upgraded to accommodate the proposed development. There is an existing 12-inch City water line and an existing 30-inch City raw water line along Baker Road as well as an existing 6-inch water line through the property within a 15 foot Public Utility easement. There is an existing 8-inch City water line along Weblin Drive.

SEWER: This site is already connected to City sanitary sewer. Analysis of the sewer and Pump Station #340 is required to determine if future flows can be accommodated. There is an existing 8-inch City gravity sanitary sewer along Weblin Drive.

SCHOOLS:

School Current

Enrollment Capacity Generation 1 Change 2

Tri-Campus Elementary 1,426 1,503 12 12

Bayside Middle 996 1,176 4 4

Bayside High 1,803 1,895 6 6 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).

The planning principles for the Suburban Area are reinforced by the Comprehensive Plan’s Reference Handbook. The Comprehensive Plan’s Special Area Development Guidelines for site and building design are applicable to this site. The guidelines address both site and building design. Staff finds that the proposed development meets the following applicable guidelines:

Pedestrian pathways, not necessarily associated with the public roadways fronting the property, are provided to create a pedestrian connection from the proposed apartment to the existing apartment complex – where the outdoor amenities exist.

An attractive landscape package is proposed to ensure a safer site as well as to retain an economic value above other sites lacking landscape amenities.

Wherever possible, stormwater retention and detention systems are encouraged to be designed as open space or landscape amenities. Unfortunately, as this existing site exists as 100% impervious, there is no retrofit requirement. It should be noted, however, the impervious cover on the site will be reduced by approximately 40% due to the introduction of a berm with plant material along Baker Road as well as the proposed interior parking lot plantings.

The exterior architectural materials proposed on buildings – a mix of vinyl and brick - will be long-lasting, attractive, and high quality. Proffer 2 will permit a deviation to the maximum height allowed under the A-18 Apartment District of 35 feet to 44 feet 8 inches. As all of the surrounding uses are

EVALUATION AND RECOMMENDATION

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multifamily in nature and are within buildings of at least 35 feet in height, this deviation to allow more interest architecturally to the site is deemed acceptable to Staff.

In addition, the 57 proposed apartments will generate far fewer vehicular trips than the existing retail shopping center and the expected 22 students that will attend the Virginia Beach Public Schools, will attend schools that are all currently under capacity. While the surrounding community will likely miss the existing convenience store on this site and other services in the shopping center, there is ample retail space in the vicinity to accommodate those businesses. In Staff’s opinion, the proposal to redevelop this older shopping center with 5 new apartment buildings with a density of just under 18 units to the acre is compatible with the surrounding uses as well as an aesthetic improvement to this aging site. Based on staff’s evaluation of the request, as provided above, staff recommends approval of this request as proffered.

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 redeveloped, it shall be as a multi-family residential community with a site layout substantially in accordance with the page labeled “SITE” (hereinafter the “Concept Plan”) of a four page exhibit designated “800 BAKER ROAD – Rezoning Submittal” dated May 17, 2013, prepared by Langley & McDonald/ TS3 Architects, P.C. (the “Development Exhibit”) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: The buildings depicted on the Concept Plan shall have the architectural design, appearance and exterior finishes depicted and described on the tow (2) pages of the afore referenced Development Exhibit labeled “ELEVEATIONS” and “PERSPECTIVES” which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The maximum building height of the three (3) story buildings depicted on the Elevations shall be forty-four feet eight niches (44’8’”). This deviation from the height requirements of the A-18 Apartment Zoning District is for good cause shown, upon a finding that there will be no significant detrimental effects on the surrounding properties, and is not in conflict with the Comprehensive Plan. PROFFER 3: When the Property is redeveloped, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular ingress and egress limited to two (2) entrances, one from the public right-of-way of Weblin Drive and one from an existing private access easement (i.e. Private Road) known as Regent Lane.

PROFFER 4: The total number of dwelling units permitted to be constructed on the Property shall not exceed fifty-seven (57).

PROFFERS

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PROFFER 5: When the Property is redeveloped, the existing curb onto Baker Road in front of the site will be eliminated along with the pavement markings for the turn lanes which served the eliminated curb cut. All sidewalks depicted on the Concept Plan (existing and proposed) will be upgraded to comply with current Section 6.3.1 of the City’s Public Works Specifications and Standards. STAFF COMMENTS: The proffers listed above are acceptable as they offer a high level of predictability in terms of the redeveloped site’s layout, the architecture and building materials to be used, as well as the proposed improvements to the access (pedestrian and vehicular) to the site. In addition, Proffer 2 permits a deviation to the maximum height allowed under the A-18 Apartment District of 35 feet to 44 feet 8 inches. As all of the surrounding uses are multifamily in nature and are within buildings of at least 35 feet in height, this deviation to allow more interest architecturally to the site is deemed acceptable to Staff.

The City Attorney’s Office has reviewed the proffer agreement dated May 17, 2013, 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.

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AERIAL OF SITE LOCATION

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PROPOSED SITE PLAN

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PROFFERED EXTERIOR RENDERINGS

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PROFFERED EXTERIOR RENDERINGS

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PROFFERED EXTERIOR RENDERINGS

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ZONING HISTORY

# DATE REQUEST ACTION 1 06/23/09

03/11/97 CUP (church) CUP (church)

Granted Granted

2 02/27/07 06/22/99 02/22/94

CUP (student dormitory) CUP (private school) CUP (private school)

Granted Granted Granted

1

2

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT