ADDRESS / DESCRIPTION: Southside of Dam Neck Road, approximately 170 feet east of Southcross Drive

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1 7 November 9, 2011 Public Hearing APPLICANT: MCQ BUILDERS, L.L.C. & KROLL ENTERPRISES II, L.L.C. PROPERTY OWNER: VILLAGE BEND, L.L.C. STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning approved by the City Council on November 25, ADDRESS / DESCRIPTION: Southside of Dam Neck Road, approximately 170 feet east of Southcross Drive GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant is requesting to modify a Conditional Rezoning approved by the City Council on November 25, 2008 to allow a change in the residential dwelling elevations and the square footage of the dwelling units. The basic concept of the proposed development will not change. This Conditional Rezoning from R-15 Residential District and AG-1 Agricultural to Conditional R-7.5 Residential District has 12 proffers. The applicant is requesting modifications to Proffer 3 and Proffer 4. PROFFER 3: When the Property is developed, there will be no more than one hundred thirteen (113) single family dwelling units on the lots. The homes will contain a minimum of 2400 square feet of living area for a two story dwelling and 2000 square feet of living area for a one story. Each home shall have a garage and the architectural designs and building materials utilized shall be substantially as exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the Pictures ). PROFFER 4: When the property is developed, the party of the first part shall record a Declaration submitting the Lots and all the Property outside the public rights of way to a mandatory membership Property Owners Association which shall be responsible for maintaining the park, all open spaces, common areas, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. Page 1

2 The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential building lots in excess of one hundred and thirteen (113). The applicant wishes to reduce the square footages for the 2-story dwellings and increase the square footages for the 1-story dwellings. In addition, a reduction from 113 building lots to 103 building lots is proposed due to a redesign of the site after the survey of existing conditions. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Residential development currently under construction SURROUNDING LAND USE AND ZONING: North: Across Dam Neck Road are single-family dwellings and New Castle Elementary School / R-7.5 Residential District and AG-1 Agricultural District South: Church and rural residential / R-15 Residential District East: City of Virginia Beach General Services and Parks & Recreation offices as well as proposed Little League baseball fields / AG-1 Agricultural District West: Single-family dwellings / R-15 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site was a fallow farm field. A portion of the western side of the site is wooded. Currently, a portion of the site is under construction for a residential development There are no known significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1 to 3-2). CITY SERVICES There are no significant impacts to City services based on the reduction in the number of building lots or the change to the square footages of the dwelling unit. MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Dam Neck Road in the vicinity of this application is considered a two-lane suburban major arterial. The Master Transportation Plan Major Street Network Ultimate Rights-of-Way adopted May, 2010, lists this segment with an ultimate four-lane section in a 125 right-of-way. This segment of Dam Neck Road is part of Capital Improvement Program Project # Elbow Road Extended Ph. II (First Cities Project), which will widen it to the ultimate four-lane section. Construction has begun at the site based on an approved site plan (DSC File #F11-627) with the existing zoning and conditions. The approved site plan and the existing Page 2

3 conditions were coordinated with the Elbow Road Extended Phase II Project. The new site plan will need to be coordinated with it as well. EVALUATION AND RECOMMENDATION This residential development proposal was approved previously but was redesigned after surveying the property resulting in a reduction in the number of building lots. The applicants are builders with new product types that are substantially compatible with the approved building elevations but smaller in size then the approved proffers allowed. This proposed single family residential development is compatible with surrounding land uses and is generally in keeping with the policies of the Comprehensive Plan. Staff recommends approval of this request with the proffers submitted 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: Proffer numbered 3 as set forth in the 2008 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 3. When the Property is developed, it shall be subdivided into no more than one hundred three (103) single family residential building lots. The homes will be built on a crawlspace or a minimum 12 elevated solid foundation (i.e. slab) with a front brick skirt. Two-story homes shall be constructed with a minimum of 2300 square feet of enclosed heated living area and one-story homes shall be constructed with a minimum of 2100 square feet of enclosed heated living area. Each home shall have a two (2) car garage (minimum dimension 18 x 18 ) and corresponding driveway. The architectural designs and building materials utilized shall be substantially as exhibited on the pictures labeled Home Styles at Village Bend which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the Pictures ). When constructed, each home shall have, at a minimum, 25-year architectural shingles, maintenance free vinyl soffits, and sodded front yards. PROFFER 2: Proffer numbered 4 as set forth in the 2008 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 4. When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all the Property outside the public rights of way to a mandatory membership Property Owners Association which shall be responsible for maintaining the park, playground equipment, all open spaces, common areas, vegetated buffer easement, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential building lots in excess of one hundred and three (103). PROFFER 3: Except for the modification by replacement of Proffers numbered 3 and 4, the remaining ten (10) proffered covenants, restrictions and conditions as set forth in the 2008 Proffers are hereby ratified and affirmed. Page 3

4 STAFF COMMENTS: The proffers listed above are acceptable as they assure the level of quality of the project. The City Attorney s Office has reviewed the proffer agreement dated April 29, 2011, 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 / 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 4

5 AERIAL OF SITE LOCATION Page 5

6 SITE PLAN Page 6

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20 PROFFERED BUILDING ELEVATIONS Page 20

21 PHOTOGRAPH OF DEVELOPMENT CURRENTLY UNDER CONSTRUCTION Page 21

22 ZONING HISTORY # DATE REQUEST ACTION 1 11/25/08 Use Permit (Religious Facility) Approved Change of zoning from R-15 & AG-1 to 08/28/07 Conditional A-12 Denied Change of zoning from R-15 & B-2 to 2 12/10/02 Conditional R-5D with a PD-H2 Overlay Granted Change of zoning from O-2, B-2, R-10, P-1 & 3 05/27/97 H-1 to AG-1 Granted Change of zoning from AG-1 to Conditional O- 05/29/91 2, B-2, R-10, P-1 & H-1 Granted Change of zoning from R-15 & AG-1 to 4 09/18/89 Conditional R-7.5 Granted 5 07/02/84 Conditional Use Permit (counter tops) Granted 07/17/78 Conditional Use Permit (trailers) Granted Page 22

23 DISCLOSURE STATEMENT Page 23

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25 DISCLOSURE STATEMENT Page 25