D2 April 10, 2013 Public Hearing APPLICANT:

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1 D2 April 10, 2013 Public Hearing APPLICANT: ARMADA HOFFLER DEVELOPMENT COMPANY, LLC PROPERTY OWNER: DAVID B. HILL, JR., LUKE H. HILL, AND SUSIE WOOD HILL STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (AG1 & AG2 Agricultural & B2 Community Business to Conditional B2 Community Business) ADDRESS / DESCRIPTION: 2101 Princess Anne Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 11.2 Acres AICUZ: db DNL; Sub-Area 2 BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone the AG-1 and AG-2 Agricultural and B-2 Community Business to Conditional B-2 Community Business and develop the site with a shopping center. The site is the last remnant piece of the Hill family farm, with the exception of the homestead site south of the property. The family farm, once 500 acres, encompassed what are now Three Oaks Elementary school, Three Oaks, Heritage Park, Southern Woods, and Sherwood Lakes subdivisions, and City owned open space of 36 acres south of the site. The area is referred to as Hill s Corner on city maps as far back as The total site area is 11.2 acres of which 4.8 acres is currently zoned B-2 Business, and has been zoned business since at least 1963 as indicated on city maps. The submitted conceptual layout and landscape plan depicts an oddly shaped parcel at the southwestern intersection of Princess Anne Road, Upton Drive, and Sandbridge Road. The plan depicts the site divided into three parcels, two out parcels and a larger parcel for the shopping center. There are four accesses to the site, one from Princess Anne Road on the eastern side of the site, and two from Princess Anne Road on the northern side of the site. The northern most access lines up with the existing entrance to Red Mill Shopping Center to the north. Approximately one acre along the northern portion of the site has been Page 1

2 dedicated for the alignment of Princess Anne Road and the Princess Anne Road Phase VII Capital Improvement Project. The proposed shopping center is situated on the southern portion of the site, adjacent to city owned open space of 36 acres. The proposed grocery store will be 53,365 square feet. A strip retail building of 10,000 square feet is attached to the grocery store building. A 7,200 square foot retail building is also proposed on the site. The majority of the parking is proposed along the front of the center s buildings, shaped similar to a T. The proposed parking spaces at the northeastern portion of the site will pervious pavers. An eight-foot wide multi-purpose trail that will connect to the proposed office project to the north and the proposed City Park to the south is also depicted on the plan. The trail also connects to the interior of the site s sidewalk system. A stormwater management pond with a trail is shown in the southwestern portion of the site. The proposed trail around the storm water management pond also provides access to the school site to the northwest and the park site to the southwest of the project. The proposed design of the buildings offers elements of both the shopping centers to the north and the rural vernacular of the southern part of the City. The proposed grocery store building will be constructed of brick and fiber cement plank lap siding. Standing seam metal hipped roofs over the vertical elements of the façade provide visual relief to the expanse of the proposed building. Shingle siding, gabled and shed roof store entries, and a brick water table provide some elements of the rural vernacular sought in this area. The building colors utilize red brick, cream and tan fiber cement siding, and white trim. Staff recommends that the brick color change to a tan or light tan or beige to be more in keeping with the architecture of the southern part of the City. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Fallow farm field, zoned B-2 Community Business and AG-1 and AG-2 Agricultural SURROUNDING LAND USE AND ZONING: North: Princess Anne Road Across Princess Anne Road is a shopping center / B-2 Business South: Princess Anne Road Open space / AG-1 and AG-2 Agricultural East: Princess Anne Road Across Princess Anne Road is a shopping center and undeveloped retail / office complex / B-2 Business and Conditional B-2 Business West: Elementary school / AG-1 and AG-2 Agricultural NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Transition Area The Comprehensive Plan designates this area of the City as Transition Area. The Transition Area is strategically located between the more urbanized region of the City to the north and the rural area to the south. The Transition Area consists of the area bordered by Princess Anne and Sandbridge Roads along the Green Line to the north, North Landing Road to the west to the Princess Anne border, Indian River Road to the Page 2

3 south, and New Bridge Road to the east. Commercial development within the Transition Area should be thought of as neighborhood serving centers; big box commercial establishments are discouraged. Franchise development should respect the community character and should be designed for compatibility with the surrounding neighborhood. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is currently a two-lane undivided minor suburban arterial to the east of the site and south of the site. The Princess Anne Road Phase VII Capital Improvement Project (CIP) as currently designed will widen Princess Anne Road to a four-lane divided roadway from General Booth Boulevard to Sandbridge Road / Upton Drive and this project includes improvements to the Princess Anne Road / Sandbridge Road / Upton Drive intersection to increase the capacity of the intersection and to improve safety. This project is currently unfunded in the CIP and there is no schedule for construction. There are no current CIP projects to improve the portion of Princess Anne Road west of the Sandbridge Road / Upton Drive intersection. Public Works / Traffic Engineering: 1) Traffic Engineering worked with the Applicant s Engineer in the development of the Traffic Impact Study (TIS) that has been required for this rezoning application. Thus, the methodology and most of the assumptions used in the Sandbridge Shopping Center TIS are approved. Traffic Engineering has the following major comments on the TIS report and the Conclusions: a) The TIS shows that the vehicular delays in the evening peak hour at the Princess Anne Road / Sandbridge Road / Upton Drive intersection will be increased very significantly as a direct result of the traffic to be generated by the proposed Sandbridge Shopping Center development. The report documents that with full build out of Sandbridge Shopping Center in 2018, delays at this intersection will be 66 seconds per vehicle (Level of Service E), compared with 47 seconds per vehicle (Level of Service D) without the Sandbridge Shopping Center traffic. This basically means that each of the approximately 3,350 vehicles passing through this intersection during the weekday peak hour will be delayed by an additional 19 seconds due to the increased traffic resulting from this proposed shopping center. b) As discussed with the Engineer and Applicant, there are two options that can lessen the traffic impacts of the proposed rezoning on the Princess Anne Road / Sandbridge Road / Upton Drive intersection. The first option is to proffer off-site improvements at the Princess Anne Road / Sandbridge Road / Upton Drive intersection to increase the capacity of the intersection. An example of a proffer improvement would be the addition of turn lane(s) that would improve the capacity of the intersection. The TIS does not include any proposed improvements to mitigate the significant degradation of traffic flow at this intersection. The second option is to reduce the amount of traffic to be generated by the development by delaying the approval of the complimentary retail and outparcel components of the proposed development until after the Princess Anne Road Phase VII project has been completed. c) The TIS does show that the Level of Service at Princess Anne Road / Sandbridge Road / Upton Drive Page 3

4 intersection would be improved to an acceptable level with the Sandbridge Shopping Center traffic after the intersection has been improved as part of the Princess Anne Road Phase VII CIP project has been completed. However, this CIP project is not currently funded and no schedule has been given for construction because of this. d) There are impacts on the Princess Anne Road / Sandbridge Road / Upton Drive intersection in the morning and mid-day peak hours as a result of the proposed rezoning, but they are not as extreme as the evening peak hour impact. It is noted that if the intersection is improved to reduce the impacts of the evening peak hour traffic addition, the morning and afternoon peak hour impacts will be taken care of as well. e) The TIS report states that traffic signals will not be warranted at either of the proposed full access points on Princess Anne Road for this development. The signal warrants analyses were not included in the TIS; therefore they could not be reviewed by Traffic Engineering. Traffic Engineering has consistently stated that traffic signals could not be put at either of the these access points because of the proximity to the Princess Anne Road / Sandbridge Road / Upton Drive intersection and that a signal at either of these points would significantly impact the flow on Princess Anne Road. f) The TIS does show that as un-signalized intersections with stop signs controlling the traffic exiting the shopping center, traffic exiting the shopping center will face very significant delays (LOS F) trying to get onto Princess Anne Road. The projected delays shown in the report for the PM peak hour time period, while being very conservative in nature, show delays of 403 seconds (6.7 minutes) per vehicle exiting the shopping center at the access point opposite the Food Lion shopping center and delays of 564 seconds (9.4 minutes) per vehicle for traffic leaving the access point opposite the Rite Aid access point. These delays are theoretical and likely would not be seen in the field because vehicles would avoid making left turns out of the shopping center. However, the vehicles that will turn left may take chances in exiting because of the delays and this will likely result in safety problems at the access points. 2) The Conclusions of the TIS for Sandbridge Shopping Center, which describes the required turn lanes and other improvements, must be included in the proffered improvements for the rezoning. 3) The conceptual Rezoning Plan for Sandbridge Shopping Center shows a full access point that will line up with the Rite Aid entrance of Princess Anne Road. When the Princess Anne Road Phase VII project is completed, this section of road will be divided and no median opening would be allowed at this location. Traffic Engineering has worked with the applicant on a future access point location on Princess Anne Road as far north as possible from the Princess Anne Road / Sandbridge Road / Upton Drive intersection that would allow for a median opening. Because a median opening is not shown on the current CIP plans, City Council would have to approve the addition of a median opening at this location that would be built with the CIP project. If and when the Princess Anne Road Phase VII project is completed and access to the site is from the median opening, the existing access point opposite the Rite Aid must be abandoned. This must be included in the proffers for this rezoning. 4) Traffic Engineering reserves the right to make additional comments regarding the roadway improvements on the conceptual rezoning site plan after the revised plan has been submitted. TRAFFIC: Street Name Princess Anne Road north of Sandbridge Road / Upton Drive Present Volume Present Capacity Generated Traffic 21,800 ADT 1 15,000 ADT 1 ^ Existing Land Use 2 <100 ADT (<10 PM Peak Hours) Proposed Land Use 3 Page 4

5 intersection Princess Anne Road west of Sandbridge Road / Upton Drive intersection 16,500 ADT 1 15,000 ADT 1 ^ 10,941 ADT (1,124 PM Peak Hour) 1 Average Daily Trips 2 as defined by 10.3 acres of Agricultural zoning 3 based upon the proposed land uses included in the Sandbridge Shopping Center Traffic Impact Study dated August 30, 2012 WATER: This site must connect to City water. There is a 10 inch city water line on Princess Anne Road. SEWER: This site must connect to City sanitary sewer. The site is within the proposed expanded sanitary sewer service area of the proposed Princessboro Pump Station cost participation project. Construction plans for the pumps station (DSC File K12-651) and the sanitary sewer system (DSC File K12-650) have been submitted and approved. DEVELOPMENT SERVICES CENTER: Stormwater management shall be addressed in accordance with the Virginia Stormwater Management Handbook. The stormwater management facility shall have a minimum setback of 25 feet from any right-of-way and property line. The owner, developer, and or consultant is responsible for contacting the Department of Conservation and Recreation and or the U. S. Army Corps of Engineers regarding State construction stormwater permits and the potential presence of jurisdictional nontidal wetlands. The City of Virginia Beach does not issue Virginia Stormwater Management Program permits or make nontidal wetlands determinations. EVALUATION AND RECOMMENDATION This site is located at the southwest corner of the intersection of Princess Anne Road, Sandbridge Road, and Upton Drive. It is the only corner of the intersection that remains undeveloped. The site is 11.2 acres in area. Of that area 4.8 acres is zoned unconditional B-2 Community Business and 6.4 acres is zoned Agricultural 1 and 2. The applicant proposes to rezone all of the 11.2 acres of land to Conditional B-2 Community Business. With the proposal comes a proffered agreement that details how the site will be developed, how and of what materials the buildings will be constructed, and the uses that will occupy the site. The site is located within the Transition Area of the City. This area is planned to be a transition between the developed urban northern part of the City and the rural southern part of the City. Additionally this site is located between the Nimmo Center and Pungo Center. Staff notes that this intersection has been zoned as a commercial node since the early 1960 s. As evidenced by the development and future development of several residential subdivisions south of the site commercial support services will be needed for the residents. With the site s proximity to the already densely developed corners of the immediate area it is difficult to apply the Comprehensive Plan recommendations and Transition Area Design Guidelines to this development. With that being said the applicant and staff have worked diligently to implement many of the Transition Area Design suggestions into the development. First is the issue of striving to achieve a goal of 50% open space which should include berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and internal green space. Page 5

6 The applicant presents that 53.7% of the currently zoned agricultural property will be open space. The overall open space for the entire project will be 31% of the land area. The applicant believes they have met the goal of 50% open space on the agricultural area that is being rezoned, and that the currently zoned B-2 Community Business property is not subject to the goal of 50% open space as it can be developed by right. Staff, however, must look at the project in its entirety. Staff agrees with the applicant s assessment that other commercial projects within the Transition Area have not met the goal of 50% open space. Open space on other projects approved in the Transition Area ranges from 21% to 41% of the land area. The proposed open space of 3.44 acres includes landscaped and bermed areas, trails, and the storm water management facility at the rear of the site. The proposed trails along the site tie into the MPB, INC. site to the north and will be ready for connection to the City park site to the south when it is developed. Staff notes that the placement of the stormwater management facility does not really provide an amenity on the site as it does not appear to be readily accessible to patrons of the site. If an agreement with the school site can be worked out both pond areas could be developed as a linear park with trails and access to the both the school site and the future park site. Patrons may use this type of park like feature more readily than what is developed and proposed. There has been much discussion between staff and the applicant regarding the placement of the storm water management facility. Staff suggested along the northern portion of the site so that the facility could aid in the open space and provide an amenity. Parking is an issue with the use and loss of the spaces in that area would put a burden on the applicant. Staff also discussed the need for a separate stormwater management facility. The applicant advised that they had met with the Development Services Center about the possibility of their use, as well as the recently approved office use, perhaps using the facility on the school site or building a joint facility for everyone to use. It was determined that with so many entities involved, the applicant, MPB, Inc. (Sentara) Virginia Beach Public Schools, Virginia Beach Parks and Recreation, and Virginia Beach Public Works, staff would need to come together to determine how to accomplish the project. There are many policies and procedures that would have to be examined and modified to allow a joint public / private project involving stormwater management. The next issue staff and the applicant vetted are the roadway capacity issues. The Comprehensive Plan states that the applicant must demonstrate that the capacity of the roadways and other infrastructure in the Transition Area can adequately support the demand placed on them by the discretionary development. The applicant s Traffic Impact Study and Traffic Engineering analysis of the study indicate that the roadway will be compromised unless CIP Princess Anne Road Phase VIII is funded and built. Currently the CIP is not funded, and there is no date for begin of construction. The project ranks in the top five of unfunded roadway projects for the fiscal year 2014 Capital Improvement Program. At this point approximately 40% of the right-of-way land area acquisition is complete, and the anticipated cost of the project is 19.7 million dollars. The applicant is proffering the installation of turn lanes and $200, for use in the development of Princess Anne Road Phase VII. Two options are offered by Traffic Engineering to lessen the impact of the traffic on the intersection: a) The first option is to proffer off-site improvements at the Princess Anne Road / Sandbridge Road / Upton Drive intersection to increase the capacity of the intersection. An example of a proffer improvement would be the addition of turn lane(s) that would improve the capacity of the intersection. The TIS does not include any proposed improvements to mitigate the significant degradation of traffic flow at this intersection. The applicant is proffering the installation of turn lanes at the intersection to increase the capacity, as well as $200, to be used in the construction of CIP Princess Anne Road Phase VII. Page 6

7 b) The second option is to reduce the amount of traffic to be generated by the development by delaying the approval of the complimentary retail and outparcel components of the proposed development until after the Princess Anne Road Phase VII project has been completed. While the applicant does not have users for the outparcels they do not want to be limited in their marketing options should a user within the center or for an outparcel approach them with a viable offer. Another recommendation of the Comprehensive Plan is that projects employ energy efficient systems equal to or higher than the Leadership in Energy and Environmental Design (LEED) program. The applicant has proffered some pervious pavers on the site. Staff encourages the applicant to install additional pervious pavers or porous pavement and or concrete in the walkways and paths and perhaps parking areas on the site. Staff does understand the problems with cost and maintenance of the systems. The proposed building will feature the following sustainable energy designs and practices: High Efficient HVAC systems Direct Digital Control systems (DDC) for HVAC, Lighting and Refrigeration Systems Building Commissioning program Non-Ozone Depleting (HFC) Refrigerants in our refrigeration systems Auto Flush valves, ultra-low flow urinals, Low water use Toilets and Water saving devices at all sinks. High Efficiency Water Heaters Heat reclaimed from refrigeration systems provide heat for water and space conditioning Electronic refrigeration control valves Proper disposal of all refrigeration oil and refrigerants in our maintenance practices LED Lighting in Refrigerated cases and for spot lighting product Refrigeration floating set points Cooking hood temperature control system Glass doors on medium temperature cases White reflective TPO roofing system with R-20 insulation After careful review and consideration staff notes that many of the issues associated with the proposed development are no more difficult or significant than those issues shared by development in the northern more urban part of the City. While the site is located at the northern most cusp of the Transition Area the entire intersection of Princess Anne Road / Sandbridge Road / Upton Drive has been zoned commercial since the early 1960 s. This intersection has been regarded as a commercial node for many years, to be developed with uses for the surrounding residential neighborhoods, and indeed the site was occupied by an automotive repair facility and seafood mart until the dedication of right-of-way for Princess Anne Road Phase VII (these uses now exist within the right-of-way). As noted in the beginning of the report this site is the remnant of what once was a 500 acre family farm that have been developed into the surrounding residential neighborhoods, a public school, and future City park. The applicant has implemented many of the suggestions of the Comprehensive Plan into the design of the site and construction of the buildings. The proposed 31% open space is consistent with other commercial uses in the Transition Area. The applicant proposes berms and native landscape treatments along the frontage of the site, as well as buffers along the southern and western portion of the site. Multiuse trails are proposed to connect the site with the property to the north and south and provide interconnectivity in the shopping center to the proposed uses and adjacent uses. The applicant performed due diligence with the City in trying to propose a regional stormwater management facility rather than having to install one on the site. This is a City issue that warrants further study on how to accommodate these types of proposals. There are many issues involved with this type of public private partnership that Staff must work on to come to a satisfactory conclusion for all entities. Staff Page 7

8 encourages the applicant to continue to work with Virginia Beach Public Schools to perhaps create a linear park connecting the two stormwater management facilities with trails. The applicant is proffering the installation of turn lanes to lessen the impact of traffic issues at the intersection. CIP Princess Anne Road Phase VII improvements are not currently funded and there is no construction start date. These improvements would significantly improve traffic issues in the immediate area. The roadway project is listed as one of the top five unfunded roadway projects for the fiscal year The applicant is proffering $200, toward the CIP project. Perhaps this development will be the genesis to raise the level of importance this CIP project requires. The proposed buildings will implement some energy efficient methods as discussed in the report. Again staff encourages the applicant to explore additional use of pervious pavers and porous in the parking area, walkways, and paths. While the some elements of the proposed building design is reminiscent of the rural vernacular in the southern portion of the City the main design is suburban in nature and is complementary to the surrounding uses. Staff recommends approval of the request to rezone the site from B-2 Community Business and AG-1 and AG-2 Agricultural to Conditional B-2 Community Business and develop the site with a shopping center 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 Property shall be developed in substantial conformity with the Site Plan entitled CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE SHOPPING CENTER dated 08/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the Site Plan ), and the renderings entitled CONCEPTUAL DRAWINGS FOR SANDBRIDGE SHOPPING CENTER dated August 16, 2012, prepared by HBA, which has been exhibited to the City Council (the Renderings ), with copies of the Site Plan and the Renderings being on file with the City s Department of Planning and Community Development. PROFFER 2: The quality and architectural style and character of improvements constructed on the Property shall be substantially in conformity with the Renderings. The quality, architectural style and character of improvements constructed on any outparcel on the Property shall be compatible with the quality, architectural style and character of improvements constructed on the remainder of the Property. PROFFER 3: No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; Page 8

9 lounge; dance hall; massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center; or hazardous or illegal uses. PROFFER 4: All building-mounted exterior signs located on the Property shall consist of channel lettering and may be back-lit lighting. All free-standing signs located on any Outparcel shall conform to the quality, architectural style, materials and character of the free-standing sign for the shopping center as depicted on the Renderings. PROFFER 5: In addition to the landscaped perimeter open spaces depicted on the Outparcels in the Landscaping Plan, when the Outparcels are developed, all landscaped areas shall utilize the same native species utilized in the landscaping depicted on the Landscaping Plan. Proffer 6: A cash proffer in the amount of $200, shall be paid to the City as a condition of the City s issuance of a Certificate of Occupancy for the primary building to be constructed on the Property, with such sum to be applied to and used to assist in the funding of the road improvements for CIP Project known as Princess Anne Road Phase VII (the CIP Project ). In accordance with Section 107 (h) (3) of the CZO and Section of the Code of Virginia of 1950, as amended, if the funds proffered and paid to the City are not used by the City for road improvements contemplated by the CIP Project within twenty (20) years from the date of recordation of this Agreement, then any such funds paid and unused may be used by the City for any other public purpose within the area if the City designated in the City s Comprehensive Plan as the Transition Area. PROFFER 7: The development of the Property shall incorporate the design and construction of all of the recommendations set forth in Chapter 7 of that certain Traffic Impact Analysis entitled SANDBRIDGE SHOPPING CENTER, City of Virginia Beach, Virginia, dated August 30, 2012, prepared by Bryant B. Goodloe, P.C. (the TIA ), which has been exhibited to the City Council with a copy of the TIA being on file with Planning, except item 5(b) thereof. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney s Office has reviewed the proffer agreement dated March 3, 2013, and found it to be legally sufficient and in acceptable legal form. Page 9

10 AERIAL OF SITE LOCATION Page 10

11 Conceptual Site Layout and Landscape Plan Page 11

12 Page 12

13 Rear Elevations Page 13

14 ZONING HISTORY # DATE REQUEST ACTION 1 6/28/11 8/27/86 8/27/86 5/12/75 6/11/74 Street Closure Downzone B-2 Business to AG-1 and AG-2 Agricultural Downzone R-3 Residential to AG-1 and AG-2 Agricultural Conditional Use Permit (signboard) Conditional Use Permit (signboard) Approved Denied Approved Approved Withdrawn 2 2/12/13 Rezoning (AG-2 Agricultural to Conditional O-2 Office) Approved 3 2/28/12 2/25/09 Conditional Use Permit (Bulk Storage) Rezoning (AG-1 and AG-2 Agricultural to Conditional B-2 Approved Approved Business and O-2 Office) 4 4/14/09 Rezoning (AG-1 and AG-2 Agricultural to O-2 Office) Approved 5 12/11/01 Conditional Use Permit (Gasoline Station in conjunction with a Approved convenience store) 6 12/11/01 Rezoning (B-2 Business to Conditional A-12 Multiple family) Approved 7 8/24/93 Conditional Use Permit (Church) Approved 8 5/25/99 Rezoning (AG-2 Agricultural to Conditional B-2 Business) Approved 9 6/14/05 Conditional Use Permit (Child Care Education Center) Approved Page 14

15 DISCLOSURE STATEMENT Page 15

16 DISCLOSURE STATEMENT Page 16