12 January 12, 2011 Public Hearing APPLICANT: TAILWIND DEVELOPMENT GROUP,LLC PROPERTY OWNER: CITY OF VIRGINIA BEACH

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1 12 January 12, 2011 Public Hearing APPLICANT: TAILWIND DEVELOPMENT GROUP,LLC PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (from PD-H1 Planned Unit Development to O-2 Office) ADDRESS / DESCRIPTION: Northwest Corner of South Independence and Princess Anne Road. GPIN: ELECTION DISTRICT: ROSE HALL SITE SIZE: acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing PD-H1 Planned Unit Development property to O-2 Office and develop the site with a 74,370 square feet office building. The submitted conceptual site layout plan depicts a proposed rectangular shaped building situated 56 feet from South Independence Boulevard and 80 feet from Princess Anne Road. The main frontage of the building is along Princess Anne Road. Proposed parking is located on all sides of the building and site. A right in / right out access is depicted from South Independence Boulevard and a right in only access is depicted from Princess Anne Road. A proposed bus lane and shelter is depicted in the north western portion of the site along Princess Anne Road. The submitted conceptual site layout plan depicts 328 parking spaces, of which 157 spaces are designated for compact car parking. The proposed compact car spaces exceed the number allowed in the City Zoning Ordinance by 75 spaces, or 23 percent. The site will need to obtain a variance from the Board of Zoning Appeals to exceed the permitted number of compact car spaces. The submitted plan also depicts the required street frontage landscaping and interior coverage landscaping for the parking lot. Building foundation landscaping is depicted along the building frontage on Page 1

2 Princess Anne Road. Additional building foundation landscaping will be required along the building wall along South Independence Boulevard. A 20 foot landscape buffer is depicted along the rear of the site, adjacent to the residential properties. The submitted elevations depict a 3 story building, 50 feet in height with an additional 10 feet of mechanical screening on the roof. The proposed building is situated approximately 115 feet from the nearest residential lot. A 20 foot landscaped buffer and the additional separation from residential properties should provide sufficient buffering for the residents. The building is modern in design with specified exterior building materials consisting of glass, brick, and exterior insulation finish system. The proposed monument sign is of the same brick and glass materials as the proposed building. The request was deferred at the December 8, 2010 Planning Commission meeting so that the applicant could work with staff on the proffer agreement and site plan. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped parcel (previously designated as right-of-way) SURROUNDING LAND USE AND ZONING: North: Single-family dwellings / PD-H1 Planned Unit South: Intersection of South Independence Boulevard and Princess Anne Road East: South Independence Boulevard Across South Independence Boulevard are retail uses / PD-H1 Planned Unit West: Undeveloped parcels / Conditional B-4 Mixed Use NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site in the Suburban Area. The Plan recognizes the need to preserve and protect the character of the stable neighborhoods in the suburban area as well as reinforce the suburban characteristics of commercial centers and other non-residential areas that make up the suburban area. Planning principles established to protect this area state that all new development and redevelopment should reinforce neighborhood compatibility, quality site and building design, improved mobility, be environmentally responsible, advance community livability, employ effective buffering between residential and non-residential uses, and be compatible in size and intensity to the existing area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road adjacent to this application is an eight-lane divided major urban arterial. The Master Transportation Plan proposes a divided, access controlled facility with bikeway within a 150 foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Loss Of Service D. Page 2

3 South Independence Boulevard adjacent to this application is a four-lane divided major urban arterial. The Master Transportation Plan proposes a divided facility within a 120 foot right-of-way. Currently, this segment of roadway is functioning over capacity at a Loss Of Service E. There are no roadways Capital Improvement Program projects are slated for this area. Public Works / Traffic Engineering: The peak hour vehicle Trip Generation represents the peak hour of adjacent street traffic, typically one hour between 7:00 AM-9:00 AM and 4:00 PM-6:00 PM. If calculating the peak hour of the medical office building use, both the AM and PM peak hour totals would be higher at 265 vehicles and 330 vehicles, respectively. The proposed medical office building land use meets the City s warrants for a Traffic Impact Study (TIS) under Section of the City of Virginia Beach Public Works Specifications and Standards. However, a TIS will not be required for the following reasons: 1. A sufficient right-turn lane already exists for the right-in/right-out entrance on South Independence Boulevard. 2. A right-turn lane is already proposed for the right-in entrance on Princess Anne Road. 3. The S. Independence Boulevard/Princess Anne Road intersection is already at its build-out condition. 4. Ultimately, the study would not recommend any right-of-way improvements beyond what is already proposed with the development. Future comments will be forthcoming upon a site plan submission. TRAFFIC: Street Name Princess Anne Road South Independence Boulevard Present Volume 50,894 ADT 1 29,026 ADT 1 Present Capacity Generated Traffic 56,240 ADT 1 Existing Land Use ADT Proposed Land Use 3 27,300 ADT 1 2,826 ADT (171 AM Peak Hour Vehicles; 218 PM Peak Hour Vehicles) 1 Average Daily Trips 2 as defined by acres of PD-H1 property 3 as defined by a 74,370 square feet medical office building STORMWATER: The concept plan does not address Stormwater Management for Quality or Quantity. The developer should not assume that the Green Run System will address these needs. WATER: This site must connect to City water. There is a 24 inch City main along Princess Anne Road and a 12 inch city water main along South Independence Boulevard. SEWER: City sanitary sewer is not available to the site. The applicant will have to work with Public Utilities to obtain sanitary sewer. Page 3

4 EVALUATION AND RECOMMENDATION The site was part of the Green Run Subdivision Land Plan, first as open space area and later designated for future right-of-way improvements for the intersection of Princess Anne Road and South Independence Boulevard. Once the improvements to the roadways were completed the property was declared excess City property and marketed for sale. The applicant has entered into a purchase agreement with the City to buy the site and develop it with a Class A medical office building. The site and building designs are part of the contractual agreement. The proposed building is situated approximately 115 feet from the nearest residential lot. A 20 foot landscaped buffer and the additional separation from residential properties should provide sufficient buffering for the residents. The southeast portion of the intersection is currently developed with several retail strip centers, including Farm Fresh and Target. The southwest and northwest portions of the of the intersection were rezoned to Conditional A-12 and A-36 Apartment and B-4 Mixed Use districts in 2007 and are not yet developed. A larger medical complex is currently developing a little over a mile south of this request. The proposed medical office building would not only serve the immediate surroundings, but also the medical complex to the south. Therefore staff recommends approval of the request subject to the proffers listed below. 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 Grantor agrees to develop the Property substantially in conformity with the Land Use Plan entitled Conceptual Site Layout Plan of Princess Anne Pavilion Medical Office Building, Princess Anne Rd. and Independence Blvd., Virginia Beach, VA (the Plan ) prepared by MSA, P.C., dated December 20, 2010, which Plan has been exhibited to the City Council and is on file in the Department of Planning. PROFFER 2: In conjunction with the development of the Property, the Grantor agrees to construct a bus stop on Princess Anne Road as depicted on the Plan in accordance with specifications provided by the Grantee. PROFFER 3: The external building materials and the architectural design elements of the building shall be those depicted and described on the elevations entitled, Princess Anne Pavilion-Side Elevation, Front Elevation, Sign Elevation, and Landscape Buffer, Virginia Beach, Virginia, prepared by H&A, Architects & Engineers, dated November 20, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the Elevation ). PROFFER 4: The predominant exterior building materials shall be brick, EIFS (exterior insulation finish system) and glass as specified, depicted and described on the building elevations submitted to the Virginia Beach Department Page 4

5 of Planning in conjunction with the Plan. The colors used may vary from those on the exhibits but all will be earth tones. PROFFER 5: The office building to be constructed on the Property will be a maximum of fifty feet in height and will additionally include a roof-mounted mechanical screen to be approximately ten feet in height as depicted on the Elevation and in accordance with specifications provided by the Grantee PROFFER 6: All outdoor lighting on the Property will be directed downward and inward toward the interior of the Property. Grantors shall provide a photometric plan for review/approval by the Virginia Beach Police Department or appropriate City staff. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. PROFFER 7: Vehicular ingress and egress shall be limited to two entrances, with one (1) entrance with ingress and egress from Independence Boulevard and one (1) entrance with ingress only from Princess Anne Road. There shall be no vehicular egress onto Princess Anne Road. PROFFER 8: A landscaped monument style sign externally illuminated from ground level shall be constructed on the Property adjacent to the intersection of Independence Boulevard and Princess Anne Road as depicted and described on the signage plan (the Signage Plan ) submitted to the Virginia Beach Department of Planning in conjunction with the Plan, which Signage Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 9: The office building depicted on the Plan shall be constructed to meet or exceed the minimum standards (first of five levels) for certification under the LEED new construction rating system. PROFFER 10: The parking surface on the Property will be constructed of materials that will enable the office building project to meet or exceed the minimum standards for certification under the LEED new construction rating system. PROFFER 11: The dumpster serving the office building will be located in the vicinity of the area designated as Loading on the Plan and will in no event be located in close proximity to the rear property line that is contiguous to the residential parcels. PROFFER 12: No communications towers may be erected on the Property. PROFFER 13: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. Page 5

6 STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted conceptual site layout plan and elevation plans. The submitted conceptual site plan depicts a coordinated development of the site in terms of design, parking layout, and traffic control and circulation, and landscaping within the site. The submitted preliminary elevation plan depicts a building of high quality materials that is complementary to existing buildings in the area. The City Attorney s Office has reviewed the proffer agreement dated December 20, 2010, 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 change of zoning 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 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. Page 6

7 AERIAL OF SITE LOCATION Page 7

8 PROPOSED SITE PLAN Page 8

9 BUILDING ELEVATION PERSPECTIVE Page 9

10 BUILDING ENTRANCE PERSPECTIVE Page 10

11 BUILDING ELEVATION PRINCESS ANNE ROAD Page 11

12 BUILDING ELEVATION SOUTH INDEPENDENCE BOULEVARD Page 12

13 LANDSCAPE BUFFER Page 13

14 SIGN ELEVATION Page 14

15 # DATE REQUEST ACTION 1 3/11/65 6/14/71 11/25/74 1/11/82 12/12/88 12/15/92 7/9/96 Green Run Land Use Plan PDH Modification to the land use plan Modification to the land use plan Rezoning (PDH to PDH1) Modification to the land use plan Modification to the land use plan Modification to the land use plan Approved Approved Approved Approved Approved Approved Approved 2 6/9/98 Subdivision Variance Approved 3. 6/26/07 Rezoning (R-10 & R-5D Residential to Conditional A-12 & A-36 Apartment and B-4 Mixed Use with a PD-H2 Overlay) Approved ZONING HISTORY Page 15

16 DISCLOSURE STATEMENT Page 16

17 DISCLOSURE STATEMENT Page 17

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