7 November 12, 2014 Public Hearing

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1 7 November 12, 2014 Public Hearing APPLICANTS & PROPERTY OWNERS: DAVID C. & JUDITH L. MARTIN STAFF PLANNER: Graham Owen REQUEST: Change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business District ADDRESS / DESCRIPTION: East side of Upton Drive between Old Dam Neck Road and Dam Neck Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 2.61 acres AICUZ: 70 to 75 db DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant proposes to rezone 2.61 acres of AG-2 Agricultural District property to Conditional B-2 Community Business District for the purpose of developing the site with a child day care center. A day care center was previously approved for this site under the existing AG-2 zoning through approval of a Conditional Use Permit on May 23, That Use Permit, however, was never activated by the applicant. The current applicants are prepared to move forward with the development, and originally submitted an application for a Modification to the 2006 Use Permit containing a revised site plan and building elevations. However, the signage depicted on the submitted plan and elevations is not permitted in the AG-2 District without a variance from the Board of Zoning Appeals. That issue and other minor ones related to use of Agricultural zoning, led Staff and the applicant to agree on a Change of Zoning of the site to Conditional B-2 Community Business instead. Day care centers are allowed by-right in the B-2 District; therefore, the approval of this rezoning will eliminate the need for the Conditional Use Permit. Page 1

2 Details The site plan depicts a 9,600 square-foot day care center with an associated parking lot and drop-off / pick-up area. The building would be setback over 50 feet from Upton Drive, and a 3-foot high black aluminum fence would enclose the rear of the building for a play area. The site would be accessed from a proposed curb cut aligned with Pattington Circle across Upton Drive. Public Works/Traffic Engineering has required a right turn lane to handle the projected traffic entering the site, as well as a sidewalk along the entirety of the frontage. Both of these improvements are depicted in the submitted plan. A conceptual BMP is depicted in the southern portion of the parcel to collect stormwater from the parking lot. The parking lot would contain ultimately contain 44 spaces, although 5 of these spaces would be added at a later date. Also depicted on the plan are the required street frontage and interior parking lot landscaping, as well as a 15-foot Category IV landscaping buffer along the southern and eastern property lines to screen the development from the adjacent residences. A hedge of evergreen shrubs is depicted along the foundation of the front façade, as well as along the 5-foot high aluminum fence fronting Upton Drive. The submitted elevations depict one-story building wrapped with burnt orange brick masonry and cream-colored Hardie panel, as well as a translucent Kalwall on the front façade. The building-mounted signage depicts the Kiddie Academy logo just below the roof line, as well as a smaller company sign at eye level. The north, south, and west elevations contain windows and doors trimmed with translucent Kalwall, adding transparency to the facades and increasing the amount of natural light in the building. The elevations also show a copper metal mansard roof, which peaks at 20 feet. The elevations also show a five-foot high monument sign supported by brick columns matching the color and material used in the building. The proposed aluminum fence would also use brick columns at various junctions. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Empty lot with small-scale farming / AG-2 Agricultural District SURROUNDING LAND USE AND ZONING: North: Ocean Lakes Elementary School / R-10 Residential District South: Single-Family Homes / R-7.5 Residential District Single-Family Home and small farm / AG-2 Agricultural District East: Single-Family Homes / R-7.5 District West: Condominiums / A12 Apartment District Upton Drive NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Chesapeake Bay watershed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Suburban Area. 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 Page 2

3 to the surrounding uses. (pp. 3-1 to 3-3) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The Comprehensive Plan s Master Transportation Plan and Major Street Network Ultimate Rights-of-Way classifies this section of Upton Drive, from Dam Neck Road to Princess Anne Road, as a Major Collector. This classification calls for a road design with an ultimate rights-of-way up to 100 feet to provide up to 4 lanes, undivided, shared use path and sidewalk and curb and gutter. There are currently no CIP projects scheduled for this section of Upton Drive TRAFFIC: Street Name Present Volume Present Capacity Upton Drive 9,831 ADT 1 13,100 ADT 1 (Level of Service C ) 20,700 ADT 1 (Level of Service E ) Generated Traffic Existing Land Use 0 ADT Previous Land Use per 2006 Use Permit 674 ADT 2 Proposed Land Use ADT 1 Average Daily Trips 2 as defined by proposed day care center with 8,500 SF 3 as defined by proposed day care center with 9,600 SF WATER AND SEWER: This site must connect to City water and City sewer. Analysis of Pump Station #603 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION This request to rezone the property to reconfigure the previously approved day care facility is generally consistent with the Comprehensive Plan s land use policies for the Suburban Area with respect to commercial centers. The building, sign, and fence elevations submitted with this application are attractive and consistent with the Special Area Design Guidelines for Suburban Areas. The following Guidelines can be applied to this request. Site Landscaping Developments that incorporate a carefully designed landscape package are more attractive, safer and retain higher economic value than those that do not. Screening may include fences, walls, berms, hedgerows and massing of plant material. The conceptual plan depicts Category IV landscaping along the southern and eastern lot lines, which will buffer the use from the adjacent residential and agricultural properties. The plan depicts the required street front landscaping along Upton Drive, as well as the required landscaping for the parking lot interior and dumpster enclosure. Also, the plan depicts a hedge of evergreen shrubs along the 5-foot high Page 3

4 aluminum fence facing Upton Drive, which would provide an attractive landscaping amenity. Architectural Elements and Building Materials Building materials should be long-lasting, attractive, high quality and reflect the character of the area. The submitted elevations show a building wrapped with brick masonry and hardie panel, as well as a copper metal mansard roof. Staff believes that the elevations depict an attractive building made of durable materials, and that other features on the site, such as the fencing and monument sign, have been designed cohesively with the building. Parking Parking areas should be located toward the rear of the site while buildings should be generally oriented to the front. Additionally, the parking area should be broken up into separate subareas to avoid the sea of asphalt appearance. While providing parking in the rear is generally considered to provide an enhanced streetscape, applying this principle for this particular site and use would necessitate the removal of the outdoor play area tucked behind the building, which is a positive feature on the site. Signage All signs should be consistent in color and theme with the primary building. The elevations depict a monument sign constructed with the same materials used in the building. Also, the two signs depicted on the building are small in scale, and should be appropriate for the neighborhood. Outdoor Lighting All outdoor lighting should be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or into the sky. Proffer 3 addresses lighting, and states that all lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Summary - The subject site and the property immediately to the southwest are the only remaining Agriculturally-zoned parcels in the immediate area, which has developed in a typical suburban residential fashion. The submitted proffers limit the uses permitted on the site to those associated with more limited business districts. However, rezoning the property to B-2 Community Business District, rather than B-1 Neighborhood Business District or B-1A Limited Community Business District, would allow the day care center to develop without a conditional use permit. Given that the applicant has proffered an acceptable site plan and building elevations with this rezoning request, staff believes that the Conditional B-2 zoning request accomplishes the same quality of development, and appropriateness of use, as that of a B-1A rezoning with accompanying use permit. Based on staff s evaluation of the request, as provided above, staff recommends approval of this request as proffered. 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 Page 4

5 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 developed, it shall be developed and landscaped substantially as shown on the exhibit entitled CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF KIDDIE ACADEMY, Upton Drive, Virginia Beach, Virginia prepared by MSA, P.C., dated 08/26/14, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Site Plan. PROFFER 2: The architectural design of the building depicted on the Site Plan will be as depicted on the exhibits entitled, KIDDIE ACADEMY ELEVATIONS EXTERIOR (A3.1) and KIDDIE ACADEMY BUILDING RENDERINGS (A3.3), prepared by Ionic Dezign Studios, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4: The monument sign and fencing depicted on the Site Plan will utilize the materials, colors, design and style substantially as depicted on the exhibit entitled, KIDDIE ACADEMY SIGNAGE AND FENCING (A3.4) prepared by Ionic Dezign Studios which hasbeen exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 5: Only the following uses shall be permitted on the Property: (a) Childcare and childcare education centers; (b) Animal hospitals, veterinary establishments, pounds, shelters, commercial kennels, provided all animals shall be kept in soundproofed, air conditioned buildings; (c) Greenhouses and plant nurseries; and (d) Business offices and clinics. PROFFER 5: 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. STAFF COMMENTS: The submitted proffers are acceptable. Proffer 4 limits the uses on the site to those that would be appropriate in a neighborhood setting, and therefore mitigates the potentially negative impacts that could occur if the property were rezoned unconditionally to B-2 Community Business District. The City Attorney s Office has reviewed the proffer agreement dated October 10, 2014 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 / Page 5

6 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. Page 6

7 AERIAL OF SITE LOCATION Page 7

8 PROPOSED SITE PLAN Page 8

9 PROPOSED BUILDING ELEVATIONS Page 9

10 PROPOSED BUILDING ELEVATIONS Page 10

11 PHOTOGRAPH OF SITE (looking southeast toward adjacent single-family residential) Page 11

12 PHOTOGRAPH OF SITE (looking north along eastern lot line) Page 12

13 PHOTOGRAPH OF SITE (looking south on Upton Drive site is on left) Page 13

14 ZONING HISTORY # DATE REQUEST ACTION 1 05/23/2006 Conditional Use Permit Child Daycare Approved 2 06/09/2009 Change to a Nonconforming Use Approved 3 02/10/2004 Conditional Change of Zoning AG-2 Agricultural to R7.5 Residential Approved District 4 11/14/1995 Conditional Change of Zoning AG-2 Agricultural and R-10 Residential to A-12 Apartment District Approved Page 14

15 DISCLOSURE STATEMENT Page 15

16 DISCLOURE STATEMENT Page 16