Request Conditional Rezoning (R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial) Staff Recommendation Approval

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1 Applicant & Property Owner Public Hearing January 9, 2019 City Council Election District Beach Agenda Item 1 Request Conditional Rezoning (R-10 Residential & I-1 Light Industrial to Conditional I-1 Light Industrial) Staff Recommendation Approval Staff Planner Jonathan Sanders Location West side of S. Birdneck Road GPIN Site Size 4.38 Acres AICUZ Greater than 75 db DNL; APZ 2 Watershed Chesapeake Bay Existing Land Use and Zoning District Wooded / I-1 Light Industrial, R-10 Residential Surrounding Land Uses and Zoning Districts North Vacant / I-1 Light Industrial, R-10 Residential South Virginia Beach Animal Care & Adoption Center / B-2 Community Business, Conditional I-1 Light Industrial East Park / R-10 Residential West Wooded / Conditional I-1 Light Industrial Page 1

2 Background and Summary of Proposal The subject site is zoned both R-10 Residential District on the eastern portion of the lot fronting S. Birdneck Road and I-1 Light Industrial District on the western portion of the lot. The applicant is requesting to rezone the entire site to Conditional I-1 Light Industrial in order to construct three buildings that will contain 38 industrial office/warehouse units. The 4.38 acre site exists as an undeveloped forested lot. The site is located in the Accident Potential Zone 2 (APZ-2) and is encumbered by a Navy easement which restricts certain land uses in the high noise zones near Naval Air Station Oceana. Each business will need to obtain a determination letter from the Navy to ensure that a proposed use within the building meets the terms of the easement. Three one-story buildings are proposed with a central drive aisle providing access to parking and loading spaces. One vehicular ingress/egress is proposed along S. Birdneck Road with a large turn-around area and 18 parking spaces. The proposed exterior building materials will include a split-face block CMU water table, metal panel siding with a vertical raised-seam metal sided band along the top of the building. White roll-up doors and an entrance door are proposed for each unit. The landscape plan depicts streetscape frontage, parking lot, and foundation plantings. The required 25-foot Category II landscape screening buffer is depicted adjacent to the residentially-zoned property to the north. A stormwater management area is proposed at the western end of the site Zoning History # Request 1 CRZ (R-2.5 and I-1 to Conditional I-1) Approved 12/06/ CRZ (R-10 to Conditional I-1) Approved 12/11/2007 CUP (Bulk Storage) Approved 12/11/2007 CUP (Outdoor Recreation Facility) Approved 02/09/ REZ (R-5 to A-1) Approved 07/06/1981 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Page 2

3 Evaluation and Recommendation In Staff s opinion, the proposed rezoning to I-1 Light Industrial District is appropriate for this site, as light industrial uses are consistent with the land use policies of both the Historic Seatack Suburban Focus Area and the Special Economic Growth Area 1 - East Oceana. The proposed light industrial use will provide low-scale, low-intensity economic opportunities for the area. As recommended by both plans, additional plantings are proposed beyond the minimum throughout the site and along the right-of-way. Based on the considerations above, Staff finds the request to be acceptable and recommends approval subject to the proffers 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: When the Property is developed, the vehicular access, landscaping, building locations, setbacks and freestanding sign shall be substantially as depicted and described on the exhibits entitled, EXHIBIT - SEATACK BUSINESS CENTER VIRGINIA BEACH, VIRGINIA (Sheets C1 through C4), and LANDSCAPE PLAN SEATACK BUSINESS CENTER, VIRGINIA BEACH, VIRGINIA (L1 through L4), dated September 26, 2018, prepared by Gallup Surveyors & Engineers, Ltd., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter Concept Plans ). Proffer 2: When the Property is developed, the buildings depicted on the Concept Plans shall have the architectural design, appearance and height substantially as depicted and described on the three (3) renderings labeled SOUTH BIRDNECK ROAD VIEW INTERIOR VIEW and BACK VIEW (SOUTH) SEATACK BUSINESS CENTER, dated , prepared by Covington Hendrix Anderson Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter the Elevations ). The primary exterior building materials shall be split-faced cmu, raised seam metal paneling and white overhead doors. Proffer 3: Further conditions 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: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout, plantings and architectural design and materials. Comprehensive Plan Recommendations This site is designated in the Comprehensive Plan as being located within Suburban Focus Area 9: Historic Seatack. This area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area, and while primarily a residential community with supporting religious institutions and public facilities, it also includes Page 3

4 some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area, AICUZ restrictions, and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article 18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant landscape screening buffers between existing residential areas and new non-residential development, and design stormwater systems to not negatively impact adjacent parcels. In addition, the site is also located within Special Economic Growth Area 1 (SEGA-1) East Oceana. The Plan calls for development that is sensitive to the neighborhood context while realizing compatible economic development in the area. Recommendations include light industrial uses with significant buffers to shield the surrounding neighborhoods from intrusive impacts. Natural and Cultural Resources Impacts This site is located within the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Birdneck Road 15,798 ADT 1 28,200 ADT 1 (LOS 4 C ) Existing Land Use ADT 30,600 ADT 1 (LOS 4 D ) Proposed Land Use ADT 1 Average Daily Trips 2 as defined by one acre of R-10 and 3.4 acres of I-1 zoning 3 as defined by a 59,500 square foot business park 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Birdneck Road in the vicinity of this application is considered a four-lane divided minor suburban arterial. The existing infrastructure currently resides in an approximate 100-foot right-of-way. The MTP indicates a four-lane facility within a 145-foot wide right-of-way. There are no roadway CIP projects slated for this area. Public Utility Impacts Water The site must connect to City water. There is an existing 30-inch City water transmission main along S. Birdneck Road. There is an existing 12-inch City water main along S. Birdneck Road. Sewer The site must connect to City sanitary sewer. There is an existing eight-inch City gravity sanitary sewer main along S. Birdneck Road. Page 4

5 Proposed Site Layout Page 5

6 Proposed Site Layout Page 6

7 Proposed Site Layout Page 7

8 Proposed Landscape Plan Page 8

9 Proposed Landscape Plan Page 9

10 Proposed Landscape Plan Page 10

11 Proposed Landscape Plan Page 11

12 Proposed Elevations Page 12

13 Proposed Elevations Page 13

14 Rendering Page 14

15 Rendering Page 15

16 Proposed Sign Page 16

17 Site Photos Page 17

18 Disclosure Statement Page 18

19 Disclosure Statement Page 19

20 Disclosure Statement Page 20

21 Disclosure Statement Page 21

22 Disclosure Statement Page 22

23 Next Steps 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 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 or the Development Liaison Team at 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 uses allowed by this Use Permit 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 23