Agenda Item. Applicant Logan Virginia Properties, LLC Property Owners Byler Azalea, LLC & Gateway Free Will Baptist Chuch

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Applicant Property Owners Byler Azalea, LLC & Gateway Free Will Baptist Chuch Public Hearing March 14, 2018 City Council

5 Residential to Conditional B- 2 Community Business) Staff Recommendation Approval Staff Planner Jimmy McNamara Location

32 acres AICUZ Less than 65 db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office, personal

5 Residential Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard Mixed retail / B-2 Community

1 Applicant Property Owners Byler Azalea, LLC & Gateway Free Will Baptist Chuch Public Hearing March 14, 2018 City Council Election District Kempsville Agenda Item 6 Request Conditional Rezoning (B-2 Community Business, A-12 Apartment & R-7.5 Residential to Conditional B- 2 Community Business) Staff Recommendation Approval Staff Planner Jimmy McNamara Location 5441 & a portion of 5473 Virginia Beach Boulevard GPINs , Site Size 4.32 acres AICUZ Less than 65 db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Office, personal service, religious use / B-2 Community Business, A-12 Apartment & R-7.5 Residential Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard Mixed retail / B-2 Community Business South Religious use / R-7.5 Residential East Toy Avenue Single-family dwellings, office, motor vehicle sales / R-7.5 Residential, B-2 Community Business West Automobile repair garage / B-2 Community Business Page 1

Background and Summary of Proposal The subject 4.32 acres that are proposed to be rezoned will be a reconfiguration of two sites. The applicant is the contract purchaser of 1.

2 Background and Summary of Proposal The subject 4.32 acres that are proposed to be rezoned will be a reconfiguration of two sites. The applicant is the contract purchaser of 1.77 acres from Gateway Free Will Baptist Church and 2.70 acres from Byler Azalea, LLC. The applicant plans on combining this acreage into one parcel and rezoning it to Conditional B-2 for the purpose of developing the site with a 44,685 square foot retail furniture store. The parcel located at 5441 Virginia Beach Boulevard is zoned B-2 Community Business District and is developed with two strip office/retail buildings. The parcel located at 5473 Virginia Beach Boulevard is oddly shaped and is zoned A-12 Apartment District and R-7.5 Residential District and is developed with a church. Access to the site is proposed via two points of ingress/egress along Virginia Beach Boulevard and one point of ingress/egress along Toy Avenue. A drainage easement, varying in width from 15 to 30 feet, runs through the interior of the site and restricts the placement of the proposed building. The concept plan depicts foundation plantings, and a 15-foot wide landscape buffer along the eastern, western and southern property lines. The required streetscape landscaping will be installed within the 10-foot wide landscape area depicted adjacent to Virginia Beach Boulevard. Interior parking lot plantings are also depicted on the plan. Further details of the required plantings will be reviewed during final site plan review. The 125 parking spaces proposed for the site exceeds the maximum number permitted by the Zoning Ordinance by 50 spaces. Section 203(b)(9) of the Zoning Ordinance permits parking above the maximum subject to several conditions. Staff does support this approach and the applicant is aware of the requirements. A large BMP is proposed in the rear of the site to address stormwater needs. A more detailed review of the proposed strategy will be completed at the time of Site Plan Review. Page 2

3 The proposed building is a contemporary design, with plated glass as the main exterior building material. A brown standing-seam vaulted roof supported by decorative white trusses is located above the main entrance to the building. A large white cornice is located at the top of the roofline Zoning History # Request 1 CUP (Vocational School) Approved 11/18/2014 CUP (Religious Use) Approved 12/12/ CUP (Private School) Approved 08/12/ CUP (Motor Vehicle Sales) Approved 03/09/ CRZ (I-1 & B-2 to Conditional A-18) Approved 07/05/ CUP (Automobile Repair Garage) Approved 04/09/1996 CUP (Automobile Repair Garage) Approved 06/08/ CUP (Religious Use) Approved 07/02/2002 CUP (Religious Use) Approved 10/26/2000 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 Evaluation and Recommendation The proposed redevelopment of the site into a furniture store is consistent with the established development pattern of large commercial uses along Virginia Beach Boulevard. A number of similar large furniture showrooms are located within close proximity to the site. As required by the Zoning Ordinance, a 15-foot buffer with Category IV landscaping is present along all property lines that are adjacent to the residentially zoned property. In Staff s opinion, the combination of landscaping that surrounds the site and the unique and attractive building proposed in the submitted elevations will create a site, although is large in scale, that is compatible with the existing development along Virginia Beach Boulevard in the immediate area. Staff recommends approval of this request subject to the submitted proffers. 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. Page 3

4 Proffer 1: The Property shall be developed in substantial conformance with the conceptual site plan drawings entitled CONCEPTUAL SITE PLAN, dated December 29, 2017, which was prepared by Timmons Group (the Conceptual Site Layout ), a copy of which is on file with the Department of Planning & Community Development and has been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide justification for this rezoning action. Any minor changes to the Conceptual Site Layout made necessary by environmental, engineering, architectural, topographic or other development conditions, or site plan and subdivision approval requirements, may be permitted subject to the approval of the Director of Planning & Community Development. Proffer 2: Landscaping for the Project will adhere to standard City requirements and shall be in substantial conformance with the Conceptual Site Layout. A landscape plan shall be developed in substantial conformance with the conceptual landscape concept drawings entitled CONCEPTUAL SITE PLAN, dated December 29, 2017, which was prepared by Timmons Group (the Conceptual Site Layout ), a copy of which is on file with the Department of Planning & Community Development and has been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide justification for this rezoning action. The final landscape plan that is submitted to and reviewed by the Development Services Center s Landscape Architect and subject to approval by the Director of Planning & Community Development shall be in substantial conformance with the Landscape Concept Plan and reviewed and approved by the Director of Planning & Community Development. All landscaping shall be installed in accordance with the approved plan and shall be maintained in a healthy condition in perpetuity. Proffer 3: Building elevations and exterior building materials (the Building Elevations and Exterior Building Materials ) shall be consistent with the drawings prepared by CASCO, dated October 10, 2017, which Building Elevations and Exterior Building Materials are on file with the Department of Planning & Community Development and have been exhibited to the Planning Commission and Virginia Beach City Council for illustrative purposes and to provide a justification for this rezoning action. All final building elevations, including design, materials and colors shall be reviewed and approved by the Director of Planning & Community Development prior to issuance of a building permit. Proffer 4: The applicant shall submit a Photometric Plan, to include the design, color and materials of all lighting fixtures, subject to the review and approval of the Director of the Department of Planning & Community Development prior to site plan approval. Lighting shall be installed and operated as shown on the approved plan. All exterior lighting on the Property shall be directed downward and inward to the site. Proffer 5: All dumpsters and HVAC systems shall be screened from adjacent properties and right-of-way with materials and design approved by the Director of the Department of Planning & Community Development prior to site plan approval. The dumpsters shall be maintained in good condition in perpetuity and in keeping with the materials, style and design regarding which it is approved. Staff Comments: The proffers listed above are acceptable and help provide confidence that the site and building will be developed in a high quality manner. 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. Page 4

5 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. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the 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. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 32,466 ADT 1 34,940 ADT 1 (LOS 4 C ) Existing Land Use 2 1,501 ADT 56,240 ADT 1 (LOS 4 D ) Proposed Land Use ADT 1 Average Daily Trips 2 as defined by 2.55 acres of B-2, 0.81 acres of R-7.5 & 0.96 acres of A-12 zoned property Public Utility Impacts 3 as defined by a 44,600 squarefoot furniture store 4 LOS = Level of Service Water The site currently connects to City water. The existing one-inch water meter (City ID # ) may be used or upgraded to accommodate the proposed development. There are existing 16-inch and 20-inch City water transmission mains along Virginia Beach Boulevard and an eight-inch City water main along Toy Avenue. Sewer The site currently connects to City sanitary sewer. There is an existing 16-inch City sanitary sewer gravity main along Virginia Beach Boulevard and an eight-inch sanitary sewer gravity main along Toy Avenue. Page 5

6 Proposed Site Layout Page 6

7 Proposed Rendering Page 7

8 Site Photos Page 8

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Request Modification of Proffers Approved by City Council on May 8, 2012 Modification of Conditions (Mini- Warehouse) Staff Recommendation Approval

Applicant & Property Owner Salem Lakes Storage, LLC, a VA Limited Liability Company Public Hearing February 8, 2017 City Council Election District Centerville Agenda Item 4 Request Modification of Proffers