Request Conditional Rezoning (AG-1 & AG-2 Agricultural to Conditional R-10 Residential & P- 1 Preservation District) Staff Recommendation Approval

Transcription

1 Applicant & Property Owner Public Hearing February 14, 2018 City Council Election District Princess Anne Agenda Item 7 Request Conditional Rezoning (AG-1 & AG-2 Agricultural to Conditional R-10 Residential & P- 1 Preservation District) Staff Recommendation Approval Staff Planner Carolyn A.K. Smith Location North side of Princess Anne Road, approximately 700 feet east of Fenwick Way GPIN Site Size acres AICUZ db DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Woods / AG-1 & AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Woods / AG-1 Agricultural South Princess Anne Road Single-family dwellings / AG-2 Agricultural East West Neck Creek Woods / Conditional R-10 Residential West Single-family homes under construction / Conditional R-10 Residential Page 1

2 Background and Summary of Proposal The subject acre site is currently zoned AG-1 & 2 Agricultural Districts. The applicant proposes to rezone acres to Conditional R-10 Residential District and acres to P-1 Preservation District. The proffered concept plan depicts 32 single-family home sites 'clustered' on the southwestern portion of the property. A single point of ingress/egress is proposed along Princess Anne Road. This proposed public right-ofway will unavoidably be located within the Floodplain Subject to Special Restriction; however, no Floodplain Variance is required for public streets. As the majority of the property is located with the Floodplain Subject to Special Restrictions (FSSR) and impacted by the Southern Rivers Buffer and wetlands, the remaining acres is proposed to be rezoned to P-1 Preservation District. All of the proposed residential lots will be located outside the FSSR, as required by the Floodplain Ordinance. Likewise, no individually-owned properties will include land with the 50-foot wide Southern Rivers Buffer. These environmentally sensitive areas, as well as all open space areas, will be part of the homeowners association s property. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy for the subject site. As a result of the review, the DSC concurs that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. The applicant is aware and understands that the proposed site layout, and perhaps ultimately the number of units, may need to be altered as a result of the final analysis. A 20-foot wide pedestrian easement is depicted between Lots 12 and 13, providing a connection to the City park located in the adjacent Princess Anne Quarter neighborhood, as well as trail connections located beyond the park. A mix of one- and two-story dwellings is proposed. Each of the single-story dwellings is proffered to have a minimum of 2,000 square feet of living area and a two-car garage. Each of the two-story dwellings will have a minimum of 2,800 square feet of living area and a two-car garage. The proffered elevations depict building exteriors consisting of primarily fiber-cement board siding and/or masonry. The site is located within the AICUZ (Sub-Area 2). Section 1804(c) of the Zoning Ordinance states that residential rezonings may be approved if the City Council finds that the proposed development is at a density similar to or lower than that of surrounding properties and no greater than that recommended by the Comprehensive Plan, and conforms to the applicable provisions of the Comprehensive Plan. As part of the review of this rezoning, the applicant appeared before the Joint City-Navy Review Process (JRP) Group on September 28, The JRP Group found that the proposed development met the requirements of Section 1804(c). The density of the Princess Anne Quarter neighborhood located to the west is 2.44 units per acre, and Princess Anne Quarter East, currently under construction, will be 1.94 units to the acre. This proposed development, with up to 32 units on acres of density-eligible area (as per Section 200 of the Zoning Ordinance), will have a density of 1.5 units per acre. Page 2

3 The expansion of the Princess Anne Quarter East neighborhood required upgrades to the existing sanitary sewer system. That work is currently underway. In order to aid in offsetting the City s cost for these upgrades, the applicant has voluntarily proffered payment of $4,400 per dwelling CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning # Request 1 CUP (Home Occupation) Approved 12/08/2015 CRZ (AG-1 and AG-2 to Conditional R-10) Approved 10/23/ CUP (Home Occupation) Indefinitely Deferred 05/22/2012 CRZ (AG-1 and AG-2 to Conditional R-20) Approved 09/28/2004 SVR Approved 10/28/2004 CRZ (AG-1 and AG-2 to Conditional R-7.5) Approved 01/28/1997 CRZ (AG-1 and AG-2 to Conditional R-7.5) Approved 03/11/ CUP (Religious Use) Approved 05/09/ CRZ (Conditional R-10 to Conditional PD-H2 (R-10)) Approved 08/10/2004 MOD Approved 08/10/2004 CRZ (AG-1 and AG-2 to Conditional R-10) Approved 05/25/ CRZ (AG-2 Agricultural District to Conditional PD-H2 (R- 7.5)) Approved 07/02/ CUP (Open Space Promotion) Denied 10/26/2000 CRZ (AG-1 and AG-2 to Conditional R-10) Denied 10/26/ CRZ (AG-1 and AG-2 and R-10 to Conditional R-10) Approved 08/10/1999 SVR Approved 08/10/ CRZ (AG-2 to Conditional R-10) Approved 04/19/2016 CRZ (AG-1 & AG-2 to Conditional R-10) Approved 04/19/2016 SVR Approved 04/19/2016 FVR Approved 04/19/2016 Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Evaluation The requested change of zoning, in Staff s view, is consistent with the Comprehensive Plan s policies and land use goals for the Suburban Area. The Special Area Development Guidelines, part of the Comprehensive Plan s Reference Handbook, includes design recommendations for the Suburban Areas addressing site, building, and landscape design. Below is a brief evaluation of the applicable Guidelines. Site Design Natural Features: The layout of the development is respectful of the most significant environmental features on the property. Much of the property is heavily wooded and will remain in a natural state. The Floodplain Subject to Special Restrictions is also present on portions of the property along Princess Anne Road and on the northeastern portions of Page 3

4 the property. No development, other than for the single access point along Princess Anne Road, will occur within the Floodplain Subject to Special Restrictions. The proffered layout plan depicts acres to be rezoned to P-1 Preservation District and set aside for open space. Within the actual acre development area, up to 4.72 acres are depicted on the layout plan to be dedicated to open space. Access and Circulation: The Guidelines recommend minimization of traffic conflicts and access points and emphasize safety. As depicted on the proffered plan, only one point of ingress/egress is proposed along Princess Anne Road. Comments from Traffic Engineering indicated that, as with all new developments, the proposed roadway s width and the cul-de-sac radius must all meet Public Works Standards. The Comprehensive Plan also encourages interconnectivity between neighborhoods for reasons of safety and traffic flow, including the movement of pedestrians/bicycles. The conceptual site plan indicates a pedestrian connection to the open space located in the adjacent Princess Anne Quarter neighborhood. This connection will also provide pedestrian and bicycle connectivity from this neighborhood to Nimmo Parkway and beyond. Landscaping: The Guidelines recommend that during the design process, new development should, within reason, preserve and integrate into the overall design existing healthy trees and groundcover, especially in high visibility areas of the site. As mentioned above, the prime development area is densely wooded. The individual homes will be required to meet the minimum requirements of the Tree Planting, Preservation and Replacement Ordinance, in this case at least 600 square feet of new tree canopy unless existing trees on site are preserved. Also, street trees will be also be required along the new right-of-way and must be depicted on a Master Street Tree Plan that will be submitted with the construction plans. Stormwater Management as Landscape Features: The Guidelines recommend that stormwater management facilities be integrated into the neighborhood design as open space, landscape and streetscape amenities. Given the configuration and environmental characteristics of the site, the stormwater management facility will be located near the front of the neighborhood. As recommended by the Comprehensive Plan, the applicant submitted a preliminary drainage study and City Staff concurs that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements. Signage: A single, monumental-style, brick-based freestanding sign is proposed along Princess Anne Road. A detail is provided in this report. Setback & Building Location: Residential structures should abide by the setback provisions of the City Zoning Ordinance. The project meets this Guideline. Building Design Architectural Elements and Building Materials: Architectural materials used on structures should be long-lasting, attractive, and high quality while reflecting the character of the area associated with it. Structures should be architecturally designed with proportional elements of scale, mass, and height both in relation to the site and to the surrounding environment. Visual interest should be provided through window and door details, varied rooflines, consistent textures and color, as well as staggered placement of the buildings. The proposal entails the creation of single-family lots, consistent with the existing residential neighborhood. The submitted elevations appear to be in keeping with the desired proportional elements, scale, mass, and height in relation to the surrounding area. In sum, the proposed lots, dwellings, and density will be similar to those in the surrounding neighborhoods in terms of type, size, design and intensity of use. Based on the considerations above, Staff recommends approval of the request subject to the proffers below. Page 4

5 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, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan dated October 30, 2017 and designated "The Reserve as Princess Anne," prepared by American Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Plan"). The Plan designates the Development Area and the Preservation Area. Proffer 2: When the Property is developed, it will be subdivided into no more than thirty-two (32) single family residential building lots. When the Property is developed, the total number of single family dwellings permitted to be constructed on the property shall not exceed 32. Each two-story dwelling shall contain a minimum of 2,800 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2,000 square feet of enclosed living area excluding garage. Every dwelling shall have a 2 car garage and off street parking for at least two vehicles. Proffer 3: When the Property is developed the areas shown on the Plan outside the thirty two (32) lots, rights-of-way to be dedicated to the Grantee are designated as Open Space areas. The Open Space areas shown on the Plan as "Forested Open Area" shall remain in their natural state with existing vegetation and trees and shall not be disturbed to maintain the undeveloped status of this area. The Open Space areas shown on the Plan shall be maintained by a Homeowners Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. Proffer 4: When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. Proffer 5: The Grantor shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits, the exterior elevations, architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits dated October 30, 2017 and entitled "The Reserve at Princess Anne Elevations,'' which have been exhibited to the City Council are on file with the Virginia Beach Department of Planning. Proffer 6: Provided that the City of Virginia Beach allows the development (including all 32 homes) to connect to the vacuum sewer main located along Princess Anne Road ("Vacuum Main") and does not require the Grantor to expand or upgrade the capacity of the Vacuum Main in order to service the proposed development, in addition to any other fees and rates required, the Applicant shall provide a contribution of Four Thousand Four Hundred Dollars ($4,400.00) paid to the City of Virginia Beach Department of Utilities ("Public Utilities ) for each home constructed on the Property for the mitigation of impacts on its sanitary sewer system. The contribution shall be paid to Public Utilities at the time each building permit for each house is issued. Page 5

6 Proffer 7: Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer 8: The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such content, and if not so recorded, said instrument shall be void. Staff Comments: The proffers listed above are acceptable, as they represent a quality development that is consistent and compatible with the surrounding properties. 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. 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. More specifically, this site is in the vicinity of the West Neck Creek Greenway and West Neck Creek Natural Area. This greenway corridor is part of the City s efforts to acquire, manage and protect lands in a strategic manner to develop an interconnected system of green spaces that conserves natural ecosystem functions, sustains clean air and water and provides places for flood control, recreation and civic engagement. (p. 7-7, 7-8) Page 6

7 Natural and Cultural Resources Impacts There are no known significant cultural resources associated with the site. Although a minimum of acres of wooded land will be cleared for the development, acres will remain wooded and will be rezoned to P-1 Preservation District. The site is located in the Southern Rivers Watershed and is adjacent to West Neck Creek. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. The US Army Corps of Engineers has approved the delineation of 1.22 acres of jurisdictional wetlands. Additionally, and as previously mentioned, a large portion of the site is impacted by the Floodplain Subject to Special Restrictions (FSSR), the FEMA designated floodway and the Southern Rivers 50-foot buffer. Most of these areas are located along the eastern portion of the property adjacent to West Neck Creek. As such, no new lots will be created within the buffer, the floodway or within the FSSR. The proposed public street, with a connection to Princess Anne Road, will require development activities within the FSSR; however, no Floodplain Variance is required for public roads. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 12,750 ADT 1 15,000 ADT 1 (LOS 4 D ) Existing Zoning 2-10 ADT Proposed Land Use ADT 1 Average Daily Trips 2 as defined by AG-1 & AG-2 Agricultural Zoning 3 as defined by up to 38 single-family dwellings 4 LOS = Level of Service Public Utility Impacts Water There is an existing 16-inch City water main along Princess Anne Road. This subdivision must connect to City water. Public water must be extended by the developer to serve each single-family parcel with an exclusive tap and meter. Sewer There is an existing eight-inch City vacuum sewer main along Princess Anne Road. This subdivision must connect to City sewer. A public vacuum sewer system must be extended by the developer to serve each single-family parcel with an exclusive lateral. The existing vacuum sewer system does not have capacity to accept flow from this development; however, enhancements to the system are currently underway. has voluntarily proffered payment of $4,400 for each dwelling in order to aid in offsetting the City s cost for these upgrades. More details will be required and a formal review will take place during review of the construction plan through the Development Services Center. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Princess Anne Elementary Princess Anne Middle 1,505 1, Kellam High 2,038 1, Generation represents the number of students that the development will add to the school. 2 change represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Page 7

8 Proposed Site Layout Page 8

9 Proposed Elevations Page 9

10 Proposed Elevations Page 10

11 Proposed Sign Page 11

12 Proposed Trail Connection Page 12

13 Site Photos Page 13

14 Disclosure Statement Page 14

15 Disclosure Statement (Trustees: Steve Galiotos, Tasos Galiotos and Paul Galiotos) Page 15

16 Disclosure Statement Page 16

17 Disclosure Statement Page 17

18 Disclosure Statement Page 18