11 November 13, 2013 Public Hearing

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1 11 November 13, 2013 Public Hearing APPLICANT:. D/B/A RYAN HOMES PROPERTY OWNER: MUNDEN LAND, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditional Change of Zoning approved by the City Council March 26, ADDRESS / DESCRIPTION: Property located on the east side of Princess Anne Road, approximately 1,400 feet south of Sandbridge Road. GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: acres AICUZ: db DNL Sub Area 2 BACKGROUND / DETAILS OF PROPOSAL The Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to Conditional R-10 Residential and P-1 Preservation Districts with a PD-H2 Overlay was approved by the Virginia Beach City Council on March 26, The Conditional Rezoning has 11 proffers. Proffer 7 requires that no less than 75% of each dwelling s exterior be brick. NVR, Inc., a different applicant than in 2006, is requesting a modification to Proffer 7 in order to expand the permitted exterior building materials and to reduce the amount of required brick. Specifically, the request is to add both cement fiber board (e.g. HardiePlank) and stone as acceptable, high quality, exterior building materials. The revised proffer allows the use of these alternative materials and states that at least 25% of all of the 71 homes will be required to use no less than 75% brick on the exterior facades. The proposed Proffer 7 also references new elevations reflective this change. Other than the change to the dwelling elevations, the project details including: layout, size of lots, number of dwellings, square footage of homes, sod on front yards, minimum of two car garages, open space and plantings, entry features, trails, street sections and open space acquisition funds all remain unchanged with this modification. Page 1

2 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Cultivated agricultural fields SURROUNDING LAND USE AND ZONING: North: Cultivated agricultural fields / AG-1 & AG-2 Agricultural District, Conditional O-2 Office District South: Cultivated agricultural fields in ARP / AG-1 & AG-2 Agricultural District East: Single-family dwellings / Conditional R-20 Residential District West: Princess Anne Road Cultivated agricultural fields, single family dwellings, residential development open space / AG-1 & AG-2 Agricultural District, P-1 Preservation District NATURAL RESOURCE AND CULTURAL FEATURES: The site is a cultivated farm field within the Southern Watersheds Management Area. Other than the farm field, there are no significant natural resources on this site nor does there appear to be an cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being within the Transition Area. The Transition Area as a whole is characterized by many high quality residential neighborhoods with significant open space areas. Proposed development within the Transition Area should continue the tradition of high quality development by adhering to the planning and design principles cited in the Transition Area Design Guidelines. IMPACT ON CITY SERVICES The request to modify the proffered building materials and elevations (Proffer #7) will have no additional impact on City services than expected with the Conditional Change of Zoning approved on this property by City Council in EVALUATION AND RECOMMENDATION Page 2

3 Staff recommends approval of this request with the submitted modification to the proffers related to the proposed building elevations. The applicant, NVR, Inc., has a contract with the property owner and is a different home builder from the proposal in As such, the applicant offers its clients a different suite of homes, some of which have facades with less than 75% brick. While the proffer and elevations are changing, Staff believes that the quality of the project will be consistent with the approval of The expansion of high quality exterior building materials of stone and cement fiber board (e.g. HardiePlank) will provide future homeowners additional quality choices. It is Staff s opinion that the proposal remains consistent with the Comprehensive Plan and with the reasoning of the 2006 approval by City Council. The modified and original proffers are provided below. MODIFIED 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 7 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 7. Each residential dwelling constructed on the Property shall have exterior surfaces, excluding roof, trim, windows and doors, that are brick, stone and/or HardiePlank. No less than twenty-five percent (25%) of the seventy-one (71) homes that are constructed in Munden Farm shall have exterior surfaces, excluding roof, trim, windows and doors, which are no less than seventy-five percent (75%) brick. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted in the photographic renderings entitled, Sample Elevations Munden Farms Community, dated September 27, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ( Elevations ). Any one story dwelling shall contain no less than 2,400 square feet of enclosed living area excluding garage areas and any two story dwelling shall contain no less than 2,600 square feet of enclose living area excluding garage. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum a two (2) car garage. The required minimum setbacks for front yards and side yards adjacent to streets shall vary from 35 feet to 40 feet as specified for each individual lot in the table on the Land Use Plan. PROFFER 2: Except for the modifications by replacement of Proffer numbered 7, the remaining eleven (11) proffered covenants, restrictions and conditions (numbered 1 through 6 and 7 through 12) as set forth in the 2005 Proffers are hereby ratified and affirmed. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The expansion of high quality exterior building materials to include the use of brick, stone and cement fiber board (e.g. HardiePlank) will provide future homeowners additional quality choices. Page 3

4 The City Attorney s Office has reviewed the proffer agreement dated September 30, 2013, 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. EXISTING PROFFERS FROM 2006 CHANGE OF ZONING PROFFER 1: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than seventy-one (71) building lots substantially in conformance with the Exhibit entitled "Conceptual Land Use Plan Of MUNDEN FARMS, Princess Anne Road Virginia Beach, VA", dated 03 / 31 / 05 (Revision A), prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Land Use Plan"). PROFFER 2: When the Property is developed, the "150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee for future improvement and public use as a bicycle trail and/ or horse trail and Landscaped Open Space consistent with the Grantee's Comprehensive Land Use Plan. PROFFER 3: When the Property is developed, approximately 42.6 acres of landscaped and vegetated open space, and lakes as depicted on the Land Use Plan shall be zoned P-1 Preservation District. All of the Open Space except the "150' TRANSITION AREA BUFFER" shall be dedicated to and maintained by the Property Owners Association. PROFFER 4: When the Property is developed, the trails which are depicted on the Land Use Plan shall be created consistent with the "WOODLAND TRAIL" detail on the exhibit entitled "Detail Sheet Plan of Munden Farms, Princess Anne Rd., Virginia Beach, Va.", dated 03/31/05, Revision A, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Detail Sheet"). PROFFER 5: The community entrance and the proposed street sections of the roads within the community shall be constructed and installed substantially in conformance with the plans depicted on the Detail Sheet. When the Property is subdivided, any required additional right of way along the Property's frontage on Princess Anne Road shall be dedicated by the Grantor to the Grantee and a left turn lane from Princess Anne Road shall be constructed by the Grantor. Page 4

5 PROFFER 6: When the Property is subdivided, the residential building lots shall have a minimum of 12,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association, to which membership is mandatory. The Property owners Association shall be responsible for maintaining all Open Space areas, Common Areas, trails, easements and the entrance feature. The Deed Restrictions shall prohibit the operation of motorcycles or all terrain vehicles ("ATV's") within the Open Space Areas. The Deed Restrictions shall mandate that all fencing be uniform, black ornamental aluminum, no more than fifty percent (50%) opaque, no greater than 48 inches in height, similar in style with the fencing shown in the photograph labeled "Entrance Treatment Character into Munden Farms", on the Land Use Plan. PROFFER 7: All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than seventy-five percent (75%) brick. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted in the photographs entitled "MUNDEN FARMS - HOMES" dated March 30, 2005 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Those portions of the visible exterior surfaces, excluding roof, trim, windows and doors, which are not brick, shall be a Hardi-Plank or similar, high quality material. Any one story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage. The required minimum setbacks for front yards and side yards adjacent to streets shall vary from 35 feet to 40 feet as specified for each individual lot in the table on the Land Use Plan. PROFFER 8: The Grantor shall include the following disclosure in (a) the "Deed Restrictions"; (b) the subdivision plat(s); and (c) the contract(s) wherein they convey any residential lots depicted on the subdivision plat(s): THIS SUBDIVISION IS LOCATED ADJACENT TO A PARCEL ENROLLED IN THE GRANTEE'S AGRICULTURAL RESERVE PROGRAM AND MAY BE SUBJECT TO NOISE, DUST, ODOR, CHEMICAL SPRAYING, AND THE LIKE AS THE RESULT OF THE RAISING OF CROPS AND LIVESTOCK ON SAID PARCEL OR OTHER NEARBY PROPERTY. PROFFER 9: A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. PROFFER 10: The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The party of the first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. PROFFER 11: Page 5

6 The Grantor will, if permitted to do so by the owner(s) of the parcel adjacent to the southern boundary of the Property, which parcel is enrolled in the Grantee's Agricultural Reserve Program, excavate and regrade the existing drainage ditch which runs parallel and adjacent to the shared boundary line. The excavated and re-graded drainage ditch shall have a minimum depth measured from top of bank to toe of slope of four and one-half feet (4.5'). PROFFER 12: 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. Any references hereinabove to the R-10 and P-1 Zoning Districts and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. Page 6

7 AERIAL OF SITE LOCATION Page 7

8 SITE LAYOUT FROM 2006 CONDITIONAL CHANGE OF ZONING Page 8

9 PROPOSED BUILDING ELEVATIONS Page 9

10 PROPOSED BUILDING ELEVATIONS Page 10

11 PROPOSED BUILDING ELEVATIONS Page 11

12 PROPOSED BUILDING ELEVATIONS Page 12

13 PROPOSED BUILDING ELEVATIONS Page 13

14 ZONING HISTORY # DATE REQUEST ACTION 1 02/28/12 Conditional Use Permit (bulk storage) Granted 02/24/09 Rezoning (AG-1 & AG-2 to Conditional B-2 & O-2) 2 03/28/06 Rezoning (AG-1 & AG-2 to Conditional R-10 & P-1 w/ PD-H2) Granted 3 05/22/12 06/24/08 06/13/06 Modification of Conditions Modification of Conditions Rezoning (AG-1 & AG-2 to Conditional R-5S, R-7.5, A-12, P-1 w/ PD- Granted Granted Granted H2 Overlay, and Conditional B-1A) 4 06/14/05 Conditional Use Permit (child care education center) Granted 5 08/12/03 08/12/03 08/12/03 Rezoning (AG-1 & AG-2 to Conditional R-20 & P-1) Conditional Use Permit (open space promotion) Conditional Use Permit (outdoor recreation facility - equestrian) Granted Granted Granted 6 05/25/99 Rezoning (AG-2 to Conditional B-2) Granted 7 04/27/99 Conditional Use Permit (lodge/meeting hall) Granted 8 08/28/93 03/26/90 Modification of Conditions (church expansion) Conditional Use Permit (church) Granted Granted Page 14

15 DISCLOSURE STATEMENT Page 15

16 DISCLOSURE STATEMENT Page 16

17 DISCLOSURE STATEMENT Page 17

18 DISCLOSURE STATEMENT Page 18