9 February 13, 2013 Public Hearing APPLICANT: VILLAGE BEND, LLC

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1 9 February 13, 2013 Public Hearing APPLICANT: VILLAGE BEND, LLC PROPERTY OWNER: VILLAGE BEND HOMEOWNERS ASSOCIATION, INC. STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning approved by the City Council on November 25, 2008 and modified on January 24, ADDRESS / DESCRIPTION: Southside of Dam Neck Road at intersection with Patience Place GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 12,000 square feet AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL The Conditional Rezoning from R-15 Residential District to R-7.5 Residential District was approved by the City Council on November 25, City Council granted a modification to the Conditional Rezoning on January 24, The modified Conditional Rezoning has 12 proffers, which are listed at the end of this report. Proffer 9 requires the installation of brick monument style entry signs for the neighboring Newcastle subdivision. The applicant is requesting that this proffer be deleted because the Newcastle subdivision is not able to provide a certificate of insurance that is required by the City of Virginia Beach. Without the liability insurance, new entrance signs cannot be built. Currently Proffer 9 of the 2012 modified Conditional Rezoning reads as follows: When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall install brick monument style entry identification signs on both the north and Page 1

2 the south sides of Dam Neck Road at its intersection with Southcross Drive, substantially as exhibited on the elevation entitled Newcastle Entrance Sign Elevation Dam Neck Road which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ( Newcastle Entry Signs ). The party of the first part shall install landscaping around these two (2) new Newcastle Entry Signs. The party of the first part shall also install new rust-resistant metal NEWCASTLE lettering on the existing entry feature sign on the east side of Salem Road at its intersection with Whitley Abbey Drive. The applicant and the residents of the Newcastle subdivision have agreed to not move forward with the construction of these signs; however, since the signs are required by the proffer, a modification of the proffer agreement is necessary. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Residential development currently under construction SURROUNDING LAND USE AND ZONING: North: South: East: West: Dam Neck Road Single-family dwellings & New Castle Elementary School / R- 7.5 Residential District & AG-1 Agricultural District Church & rural residential / R-15 Residential District City of Virginia Beach General Services, Parks & Recreation offices and proposed baseball fields / AG-1 Agricultural District Single-family dwellings / R-15 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: Currently a portion of the site is under construction for a single-family residential development. The site was once fallow farm field. A portion of the western side of the site is wooded. There are no known significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: This area of the City is designated as part of the 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). IMPACT ON CITY SERVICES There are no impacts to City services from the deletion of the Newcastle neighborhood entrance signs from the proffer agreement. Page 2

3 EVALUATION AND RECOMMENDATION This residential development proposal was previously approved, and then modified once to allow a redesign that resulting in a reduction in the number of building lots. This current request to remove Proffer numbered 9 (as shown below for clarification) for construction of entrance signs for the adjacent neighborhood does not impact the subject residential development. The following are the Current Proffers in entirety. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the CONCEPTUAL SITE PLAN entitled VILLAGE BEND CITY OF VIRGINIA BEACH dated November 21, 2007, as revised, prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the Site Plan ). PROFFER 2: When the Property is developed, the entrance to Village Bend shall be from Dam Neck Road with the landscape berm and landscape plantings, entrance signage and water feature substantially as depicted on the detail plan entitled Village Bend Preliminary Streetscape Screening and Sign Exhibit dated November 30, 2007, prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the Landscaping Plan ). PROFFER 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 dimensions 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 is 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 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 5: When the Property is developed, the party of the first part shall install $60, of playground equipment in the Pocket Park utilizing equipment approved for and/or utilized by the Virginia Beach Department of Parks and Recreation. The Pocket Park and equipment shall be maintained by the Homeowners Association. Page 3

4 PROFFER 6: The party of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision approval, a tree retention and restoration plan for the twenty-five foot (25 ) Vegetated Buffer Easement along the western boundary of the property. The Vegetated Buffer Easement shall be dedicated to the Homeowners Association and it shall mandate preservation and retention of a buffer of evergreen and deciduous trees, along with other native vegetation within the area of the easement. PROFFER 7: When the Property is developed, the party of the first part shall improve the Dam Neck Road and Southcross Drive public right-of-ways by installing the following as specified by the Grantee: (a) A left turn lane for westbound Dam Neck Road traffic turning onto Southcross Drive southbound. (b) A left turn lane for eastbound Dam Neck Road traffic turning onto Southcross Drive northbound. (c) Widening of Southcross Drive (both sides) at its intersection with Dam Neck Road to accommodate two (2) lanes of traffic exiting the residential neighborhoods onto Dam Neck Road. PROFFER 8: When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall pay the sum of $30,000 to the Grantee s Parks and Recreation Capital Improvement Program Account #4.024 which funds shall be used to acquire and install recreation equipment and improvements in the Newcastle Neighborhood Park (City owned park) at the southwest corner of the intersection of Southcross Drive and Middleham Drive. If the proffered monies are not used by the Grantee anytime in the next five (5) 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. PROFFER 9: When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall install brick monument style entry identification signs on both the north and the south sides of Dam Neck Road at its intersection with Southcross Drive, substantially as exhibited on the elevation entitled Newcastle Entrance Sign Elevation Dam Neck Road which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ( Newcastle Entry Signs ). The party of the first part shall install landscaping around these two (2) new Newcastle Entry Signs. The party of the first part shall also install new rust-resistant metal NEWCASTLE lettering on the existing entry feature sign on the east side of Salem Road at its intersection with Whitley Abbey Drive. PROFFER 10 9: The party of the first part shall modify and relocate the 30 EASEMENT FOR FUTURE PEDESTRIAN ACCESS between Lots 27 and 28 as depicted on the CONCEPTUAL SUBDIVISION PLAN entitled VILLAGE BEND CITY OF VIRGINIA BEACH dated November 21, 2007, to reduce the easement width to twenty-five feet (25 ) and relocate the easement between Lots designated 23 and 24 on the Subdivision Plan. PROFFER 1110: When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall install a street light in the Newcastle Subdivision, within the southern-most portion of the Southcross Court public right-of-way at its eastern terminus. PROFFER 1211: Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all Page 4

5 applicable City Code requirements. The applicant, residents of the adjacent neighborhood, and the City worked together in an attempt to get a reduction in the cost of the liability insurance for the construction of the sign, but it was still cost prohibitive for the adjacent neighborhood s civic league to pay. This requested deletion of Proffer 9 does not affect the surrounding land uses. Staff recommends approval of this request with the modified proffers submitted below. 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 9 as set forth in the 2008 Proffers is deleted. PROFFERS PROFFER 2: Except for the deletion of Proffer numbered 9 as contained in the 2008 Proffers, the remaining eleven (11) proffered covenants, restrictions and conditions as set forth in the 2008 Proffers and the previously modified proffers as contained in the First Amendment to the Proffers are hereby ratified and affirmed. STAFF COMMENTS: The proffers listed above are acceptable, as they only result in the deletion of the proffer pertaining to the sign. The deletion of the proffer does not affect the proffers tied to the development of the Village Bend neighborhood. The City Attorney s Office has reviewed the modified proffer agreement dated November 20, 2012, 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 5

6 AERIAL OF VILLAGE BEND SITE Page 6

7 PHOTOGRAPH OF VILLAGE BEND NEIGHBORHOOD UNDER CONSTRUCTION PHOTOGRAPH OF NEWCASTLE NEIGHBORGOOD S EXISTING ENTRANCE SIGN PHOTOGRAPHS Page 7

8 ZONING HISTORY # DATE REQUEST ACTION 1 01/24/2012 Modification of Conditional Rezoning Approved 11/25/2008 Conditional change of zoning (R-15 to R-7.5) Approved Conditional change of zoning (R-15 & AG-1 08/28/2007 to A-12) Denied Change of zoning from O-2, B-2, R-10, P /27/1997 & H-1 to AG-1 Granted Change of zoning from AG-1 to Conditional 05/29/1991 O-2, B-2, R-10, P-1 & H-1 Granted Change of zoning from R-15 & AG-1 to 3 09/18/1989 Conditional R-7.5 Granted 4 07/02/1984 Conditional Use Permit (counter tops) Granted 07/17/1978 Conditional Use Permit (trailers) Granted Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10