19 June 9, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: KEMP ENTERPRISES, INC.

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1 19 June 9, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: KEMP ENTERPRISES, INC. STAFF PLANNER: Karen Prochilo REQUEST: Change of Zoning District Classification, Conditional A-24 Apartment District to Conditional A-24 Apartment District with a PD-H2 Overlay ADDRESS / DESCRIPTION: South side of Bonney Road, 563 feet east of Kenley Road GPIN: ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 5.9 acres AICUZ: Less than 65 db DNL APPLICATION HISTORY: City Council granted approval for a Conditional Rezoning from R-5D to Conditional A-24 on August 9, SUMMARY OF REQUEST The applicant proposes to rezone the existing A-24 Apartment District to A-24 Apartment District with a PDH2 overlay. This site had been conditionally rezoned in 2006 to allow 55 townhome unit condominium development at a density of 9 dwelling units per acre. The new proposal would now be developed for single family condominium development. The applicant has proposed 63 single family units at a density of 10.5 dwelling units per acre. The architecture of the single family dwelling is a blend of traditional and contemporary elements. The design utilizes a tiered roof of fiberglass architectural style roof shingles topping a trio of siding materials. The materials used are brick, rough stone veneer and beaded vinyl siding. The units are planned to be between 1,850 SF and 2,400 SF and no higher than 38.6 in height. Page 1

2 LAND USE AND ZONING INFORMATION EXISTING LAND USE: One single family residential dwelling and a undeveloped site SURROUNDING LAND USE AND ZONING: North: Across Bonney Road is County View Trailer Park and a residential development under construction / A-12 Apartment District and PD-H2 Overlay (A-12) South: Single Family dwellings fronting Kenley Road / R-5D Residential District East: Single Family dwelling fronting Bonney Road / R-5D Residential District West: Single Family dwelling on Bonney Road / R-5D Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The rear of the site is partially wooded. There are no significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road in the vicinity of this application is considered a two-lane undivided collector street. The Master Transportation Plan proposes an undivided facility within a 70 foot right-of-way. Currently, this segment of roadway is functioning under capacity at a LOS C or better. A roadway Capital Improvement Program project is slated for this area. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrounding Town Center. This study will develop short-term, mid-term, and long-term alternatives for transportation needs in the area. The scope of services will include, but not be limited to, traffic studies, alternative transit methods, intersection improvements, arterial improvements, pedestrian access, aesthetic design elements, public involvement, and development of a Comprehensive Transportation Plan with which the city can develop feasible projects in the Central Business District that will provide a benefit to the traffic flow in the area. TRAFFIC: Street Name Present Volume Bonney Road 3,844 ADT 1 (2008) Present Capacity 6,200 ADT 1 (max. Level of Service C ) 9,900 ADT 1 (max. Level of Service D ) / capacity 11,100 ADT 1 (max. Level of Service E ) Generated Traffic Existing Land Use ADT Proposed Land Use ADT 50 AM peak hr vehicles 66 PM peak hr vehicles 1 Average Daily Trips 2 as defined by 55 unit townhome condominium, A-24 zoning 3 as defined by 63 single family dwellings condominium, A-24 zoning Page 2

3 Right-of-way improvements for this site have been approved through Development Services Center and are listed under DSC File #E The major improvements shown on this application appear to be consistent with those approved plans. In addition, a dedication of 5 feet along Bonney Rd. such that the ultimate R/W of 70 feet, in accordance with the Master Transportation Plan amended 10/12/04 is achieved WATER: This site must connect to City water. There is a 10 inch city water main along Bonney Road. SEWER: This site must connect to City sanitary sewer. Pump Station #407 the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of Pump Station #407 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is no city gravity sanitary sewer fronting this site. STORMWATER: Downstream drainage easements and capacity from this proposal do not appear adequate. Downstream drainage easements may be required with the development of this site SCHOOLS: Current School Capacity Generation 1 Change 2 Enrollment Point O View Elementary Larkspur Middle Kempsville High generation represents the number of students that the development will add to the school 2 change represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this proposal to be within Strategic Growth Area 4/ Pembroke Southern Corporate District Area. This area is planned to emerge as an urban village with a mix of attractive residential and signature office buildings located along I-264. The development pattern should transition to smaller scale residential, office and retail uses to the south (page 2-17). The Pembroke Strategic Growth Area 4 Implementation Plan which is adopted by reference in the Comprehensive Plan identifies the Southern Corporate District as an area with planned greenways throughout an urban village with eye catching medium-rise office buildings transitioning to smaller scale, reduced-height office/retail buildings and residential dwellings as one moves south toward Bonney Road. The plan envisions urban villages defined as a series of residential areas surrounded by open space. Green pedestrian and bike trails that connect these villages to the rest of the Pembroke SGA 4 and City (page 38). Page 3

4 The Pembroke Strategic Growth Area 4 Implementation Plan also identifies a portion of this parcel as one of the opportunities for a district neighborhood park. The parks and open spaces are designed as landscaped recreational opportunities intended for use by the occupants in adjacent buildings. Passive and limited active recreation can be facilitated at these locations (page 54). Additionally, the Pembroke Strategic Growth Area 4 Implementation Plan states in the form based code section that single family use is an excluded use type in this area. Allowable lot types include: lined, plaza, mixed-use, retail/residential, loft apartment, apartment house, row house and live-work buildings (page 58). Evaluation: The modification of the townhome development to a single family style condominium is compatible with the existing predominately residential adjacent land use despite the proposal for single family not completely aligned with the Pembroke Strategic Growth Area 4 Implementation Plan. Since the applicant was the property owner at the time of the original Conditional Rezoning approval and rezoned the site to a residential use prior to the Pembroke Strategic Growth Area 4 Implementation Plan, the likelihood of the site converting to a district park was limited. This proposal is simply modifying the existing residentially zoned site to accommodate the current market. The proposed exterior building materials also remain complementary with the residential neighborhoods nearby to this proposal and exhibit the quality called for by the Comprehensive Plan. 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 entrance, streets, landscaping, fencing, community signage and open space features shall be substantially in accordance with the Exhibit of KEMPS TOWN CENTER pages 1 and 2, dated 01/15/10, prepared by Kellam-Gerwitz Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (Concept Plan). PROFFER 2: When the Property is developed, there will be no more than sixty-three (63) single family residential condominium units, each of which shall have a one or two car garage. PROFFER 3: When the Property is developed, the residential dwellings depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted on the Exhibits entitled Page 4

5 KEMPS TOWN CENTER for Kemp enterprises dated January 30, 2010, for models A, B, C and D, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (Elevations). PROFFER 4: The dimensional requirements applicable to Kemps Village at Town Center shall be as follows: Minimum Setback from Bonney Road 20 Minimum Rear Yard and Side Yard Setback from the Adjacent Properties 12 Minimum Distance from Dwelling to Edge of Curb on Interior Streets: Front Yard Garage 4 Side Dwelling 5 Minimum Distance between Residential Buildings 7.8 PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners Association shall be responsible for maintaining all open space, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 6: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios, (fenced or unfenced), drive aisles, and parking areas are open spaces which shall be utilized as such. Open Spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in the Article 3 of the Zoning Ordinance ( Preservation District ). PROFFER 7: The Covenants, Restrictions and Conditions set forth herein replace and supersede the Proffered Covenants, Restriction and Conditions dated April 20, 2006 recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument # PROFFER 8: 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 proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney s Office has reviewed the proffer agreement dated February 1, 2010, and found it to be legally sufficient and in acceptable legal form. Page 5

6 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning 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 6

7 AERIAL OF SITE LOCATION Page 7

8 PROPOSED SITE PLAN Page 8

9 PROPOSED DEVELOPMENT DETAILS Page 9

10 PROPOSED BUILDING ELEVATION Page 10

11 PROPOSED BUILDING ELEVATION Page 11

12 PROPOSED BUILDING ELEVATION Page 12

13 PROPOSED BUILDING ELEVATION Page 13

14 PROPOSED BUILDING ELEVATION Page 14

15 /09/06 Conditional Rezoning from R-5D to A-24 Granted 12/02/03 Subdivision Variance Granted 2 04/05/05 Conditional Rezoning from A-12 to A-24with a PD- H2 Planned Development Overlay Granted 3 09/23/03 Conditional Rezoning from A-12 to R-5D Granted 4 11/10/98 Modification of Conditions Granted 12/09/97 Conditional Use Permit (church) Granted 11/18/97 Conditional Rezoning from A-24 to R-5D Granted 10/08/96 Conditional Rezoning from R-5D to A-24 & Conditional Use Permit (fraternal lodge) Granted 5 04/09/96 Modification of Conditions Granted ZONING HISTORY Page 15

16 Page 16

17 DISCLOSURE STATEMENT Page 17

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