Applicant Franklin Johnston Group Management & …

Franklin Johnston Group Management & Development, LLC Agenda Item 4

Applicant Franklin Johnston Group Management & Development, LLC Owner Security Storage & Van Company of Norfolk, Virginia, Inc. Public Hearing January 8, 2020

City Council Election District Rose Hall

Request Conditional Rezoning (I-1 Industrial District to Conditional A-36 Apartment District) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 4545 South Boulevard GPIN 1477517149 Site Size 4.90 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Warehouse / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North South Boulevard Office / I-1 Light Industrial South Cemetery, office / I-1 Light Industrial East Office / I-1 Light Industrial West Cemetery / I-1 Light Industrial

Agenda Item 4


• The applicant is proposing to rezone the subject property from I-1 Industrial District to Conditional A-36 Residential

District for the development of up to 160 multi-family units.

• The 4.90-acre property is on the outer perimeter of the Pembroke Strategic Growth Area (SGA) and is developed with a warehouse and small office buildings.

• The site borders South Boulevard to the North, a cemetery to the southwest, and an office building to the east. Surrounding uses are office buildings, a church, and apartments.

• The submitted Conceptual Layout depicts five, five-story multi-family buildings, a two-story clubhouse building, and an outdoor swimming pool. A community identification sign is also depicted on the plan and is proffered to be a monument-style sign, not exceeding eight-foot in height, with similar construction materials as the proposed buildings.

• As the site is located adjacent to the Pembroke SGA that encourages development with a zero setback from the right-of-way, the applicant is requesting to deviate from the 30-foot front yard setback required in the A-36 Apartment District and construct the apartment buildings as close as 10 feet from the property line along South Boulevard.

• As required, the Conceptual Landscape Layout on page 9 of this report depicts a 25-foot Category II buffer along the property line abutting the office building parcel to the east, zoned I-1, and streetscape plantings along South Boulevard. The proposed landscaping appears to meet the requirements of the Zoning Ordinance; however, a more detailed review of all screening and planting requirements will occur during the final site plan review.

• The elevation on page 8 of this report depicts the buildings to be a contemporary design style with textured veneer masonry, pre-finished metal siding, and fiber cement panel siding. The two-story clubhouse located at the center of the development is proffered to be of a similar design and building materials.

• The submitted Conceptual Layout depicts 307 parking spaces, which exceeds the parking requirement by 14 spaces.

• A Phase I Environmental Site Assessment was completed on September 3, 2019, and revealed no evidence of recognized environmental conditions (RECs)1 connected with the property

1 ASTM E1527 defines “recognized environmental conditions” as the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to a release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.

Background and Summary of Proposal


Zoning History # Request 1 CRZ (A-18 to Conditional A-36) Approved 10/08/2013 2 MOD (Addition to Religious Use) Approved 07/17/2007

MOD (Addition to Religious Use) Approved 03/22/2005 CUP (Religious Use) Approved 09/13/1995

Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

LUP – Land Use Plan STR – Short Term Rental

The proposed rezoning for the construction of up to 160 multi-family units, in Staff’s opinion, is consistent with the Comprehensive Plan’s vision for the Suburban Area. Development within this area focuses on creating and maintaining great neighborhoods by enhancing the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, and effective buffering to the surrounding uses. There is a multi-family development to the west of this proposed development and the surroundings uses include office and religious use. While the proposal will result in a density of approximately 33 units to the acre, the rezoning to the apartment district will remove the existing industrial zoning that is a less compatible with the nearby church and apartments. Staff finds the proposed contemporary building design style to be attractive and to be of good quality. Thorough consideration has been given to the site layout to allow for ease of site circulation and emergency apparatus access. In addition, the clubhouse and swimming pool will provide the tenants with on-site recreational amenities. As stated above, the applicant is requesting a deviation to the front yard setback requirement for this development. Considering the site is adjacent to the Pembroke SGA, where developments are encouraged to have a 0-foot setback from the right-of-way, and there is no plan to widen this portion of South Boulevard in the Master Transportation Plan, Staff is agreeable to the applicant’s request to develop this property with a reduced front yard setback from 30 to 10 feet. While the proposed development does increase the number of vehicular trips along this portion of South Boulevard above the existing zoning by three-fold, South Boulevard is well below its capacity. The submitted Landscape Plan has been reviewed by Staff and appears to meet the requirements of the Zoning Ordinance. As proposed, the development will have adequate parking. In addition, the submitted Lighting Plan shows the lighting source to be shielded and contained on-site. Information provided by the Virginia Beach City Public Schools Staff indicates that the proposed development is well within the threshold for increases in student population. Based on the considerations above, Staff recommends approval of the rezoning request for the development of up to 160 multi-family units with the reduced front yard setback to 10 feet and subject to the submitted proffers below.

Evaluation and Recommendation

1

2


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 developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled “SOUTH BLVD SITE – Conceptual Layout”, dated October 24, 2019, and prepared by Timmons Group (the “Concept Plan”), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: 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, P.C., entitled “South Blvd.”, and dated October 25, 2019 (the “Elevations”), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. Proffer 3: Landscaping installed on the Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled “SOUTH BLVD SITE – Conceptual Landscape Plan”, and dated October 24, 2019 (the “Landscape Plan”), a copy of which is on file with the Department of Planning and has been exhibit to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer 4: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of one hundred sixty (160). Proffer 5: The community identification sign shall be a monument-style sign not exceeding eight (8) feet in height and the design and the materials used for the sign will be compatible with the building materials and Elevations submitted with this application. Proffer 6: The community clubhouse for this development shall be located substantially where shown on the “Concept Plan”. The community clubhouse will be a two-story building and the design and building materials will be compatible with the building materials and design of the building Elevations submitted with this application. The final elevations of the community clubhouse will be subject to approval of the Planning Director. Proffer 7: 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: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney’s Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form.

Proffers


The Comprehensive Plan designates the subject property as Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses.

The site is located in the Chesapeake Bay watershed. As the site is fully developed with a warehouse and office building and associated parking, there does not appear to be any significant natural or cultural features associated with the site.

Street Name Present Volume Present Capacity Generated Traffic

South Boulevard 5,080 ADT1 8,700 ADT 1 (LOS 4 “D”) Existing Land Use 2 – 372 ADT Proposed Land Use 3 – 1,170 ADT

1 Average Daily Trips 2 as defined by a warehouse use 3 as defined by 160 apartments 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Boulevard is considered a two-lane collector street. There is a CIP planned for this segment of the roadway; however, South Boulevard at the connection to Independence Boulevard may be impacted by improvements associated with the I-64/Independence Boulevard interchange improvements project. This project is still in the study phase and currently there is no funding allocated for construction.

Water and Sewer The subject site is served by City water and sanitary sewer services.

School Current Enrollment Capacity Generation 1 Change 2

Windsor Woods Elementary 353 396 16 16 Independence Middle 1,281 1,181 7 7 Princess Anne High 1,732 1,835 7 7 1 “Generation” represents the number of students that the development will add to the school. 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).

Comprehensive Plan Recommendations

Natural and Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts

School Impacts


The proposed development will meet the school capacity level for the Elementary and High Schools. Independence Middle School is currently over capacity by 100 students. The proposed development will increase the overall capacity by 1% from 108% to 109%.

Planning Commission

• As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 9, 2019.

• As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, December 22, 2019, and December 29, 2019.

• As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 20, 2019.

• This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.vbgov.com/pc on January 2, 2020.

City Council

• As required by City Code, this item was advertised in the Virginia Pilot Beacon on Sundays, March 22, 2020 and March 29, 2020.

• As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council’s public hearing on March 23, 2020.

• The City Clerk’s Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on April 3, 2020.

Public Outreach Information

http://www.vbgov.com/pc

https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf


Proposed Site Layout


INTERIOR VIEW ELEVATION

EXTERIOR VIEW ELEVATION

SIDE ELEVATION SIDE ELEVATION

Proposed Elevations


Proposed Landscape Plan


Proposed Lighting Plan


Site Photos


Disclosure Statement


• Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council

public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days.

• Following City Council’s decision, the applicant will receive a decision letter from Staff.

• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074.

• If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610.

• Please note that 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 approvals allowed by this application 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.

Next Steps

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