2 November 9, 2011 Public Hearing APPLICANT: ASHVILLE PARK, L.L.C.

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1 2 November 9, 2011 Public Hearing APPLICANT: ASHVILLE PARK, L.L.C. PROPERTY OWNER: ATC REALTY SIXTEEN, INC. STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Change of Zoning approved by the City Council on May 10, 2005 ADDRESS / DESCRIPTION: Village B Ashville Park GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: ACRES AICUZ: db DNL, Sub Area 2 SUMMARY OF REQUEST The applicant proposes modifications to several proffers in order to make adjustments to the previously approved land use plan for the proposed development. The proposed development plan is approved for 499 dwellings, of which 169 are designated as age restricted, on acres of land. The dwellings are dispersed throughout the site in five residential villages. Lot sizes vary from 20,000 square feet in Villages A and C, 12,000 square feet in Villages D and F, and 7,200 square feet in the Village B, the age restricted area. The overall density is 1.1 units per acre, and the overall open space is 52% of the land area. The basic concept of the proposed development will not change. There will still be meandering pedestrian trails, equestrian trails, pocket and linear parks, and recreational amenities in the form of a clubhouse, pool, tennis courts, playing fields, and tot lots. These recreation areas are located within the open space between the villages High quality dwellings as well as extensive landscaping and berming are still proposed. Another unique feature of the subdivision design is the linear park. These areas line segments of the internal streets and are intended to create the appearance of more open space. Setting the sidewalk back a considerable distance from the street creates the linear parks. As a result, the dwellings are set very close to the sidewalks (the specific distance has not been specified in the plans). The green space between the street and the sidewalk is the linear park. The width of the linear parks varies. The linear parks are actually privately owned but will be subject to an easement allowing public access through the area. The Homeowners Association will maintain them. Page 1

2 The Conditional Rezoning from Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District to Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District was approved by the City Council on May 10, The Conditional Rezoning has 36 proffers: The applicant is requesting modifications to Proffers 11, 18, 19, and 30: PROFFER 11: The Grantor shall record a Master Deed of Covenants, Conditions and Restrictions ( Restrictions ) governing the Property. All landowners within the PD-H2 District shall be members of a Home Owners Association responsible for maintaining collectively all common areas on the Property. The Restrictions shall be enforced by one or more Home Owners Association, which Restrictions, shall among other things, restrict the use of the open space areas for any purpose, but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. These covenants shall become part of the deed of each lot or parcel within the development. Such covenants shall be approved by the City Attorney and recorded before the first building permit in the project is issued. The Restrictions shall among other things require that every residential unit within Village B as shown on the Master Plan will be occupied, on a full-time basis, by at least one (1) adult resident of fifty-five (55) years of age or older. The Restrictions shall also prohibit persons under eighteen (18) years of age from residing in any residential unit within Village B for more than one hundred twenty (120) days in any calendar year. The applicant desires to remove the age restrictions for Village B. PROFFER 18: Two Recreational Activity Areas shall be designed, constructed and built on the Property substantially where indicated on the Master Plan. Both facilities shall provide indoor amenities, meeting rooms and active outdoor recreational amenities. No outside recreational fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any such lighted tennis courts must be setback a minimum of 150 from a residential property line. Outdoor lighting installed for the swimming pools or outdoors tennis courts shall be directed downward toward the swimming pool or tennis courts play area. PROFFER 19: The recreational facilities shall be substantially similar in quality, design and character to the exhibits entitled Community Amenities as contained in Section VI in the Manual. It is recognized that with a development of this size, detailed building plans may change as the development of Ashville Park progresses. The intent of the renderings is to demonstrate the architectural style and building quality of these facilities. Final elevations for these structures shall be submitted to the Planning Director to assure compliance with this proffer. The applicant desires the elimination of the Active Adult center proposed in Village B. The area shall be left green and developed with shade and flowering trees, concrete walks and benches, a paver plaza and gazebo or fountain. PROFFER 30: All residential dwellings constructed within Villages B shall contain no less than 1,800 square feet of enclosed living area, excluding garage area, for any one-story dwelling and shall contain no less than 2,400 square feet of enclosed living area, excluding garage area, for any two-story dwelling. Page 2

3 The applicant wishes to reduce the minimum required square footage of the two-story dwellings from 2,400 square of enclosed living area to 2,100 square feet of living area. All other proffers will remain the same as proffered on May LAND USE AND PLAN INFORMATION EXISTING LAND USE: This village is undeveloped. SURROUNDING LAND USE AND ZONING: North: Ashville Boulevard Across Ashville Boulevard are single-family dwellings / Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District South: Several single-family dwellings, United States Coast Guard facility and an abandoned airfield / AG-1 and AG-2 Agricultural East: Single-family dwellings, wooded areas and cultivated fields / AG-1 and AG-2 Agricultural West: Princess Anne Road Across Princess Anne Road are cultivated fields and single family / AG-1 and AG-2 Agricultural dwellings / AG-1 and AG-2 Agricultural NATURAL RESOURCE AND CULTURAL FEATURES: Portions of the site are open fields, and other areas are wooded. The site drains either to the north toward Scopus Marsh or eastward to Ashville Bridge Creek and Back Bay. There are areas of non-tidal wetlands as defined by the U.S. Corps of Engineers (but not by the City) that will be preserved. From a cultural perspective, it appears that the City s most infamous character, the Witch of Pungo Grace Sherwood, owned a portion of the site during her lifetime. According to City records, John White, Grace s father, received a land patent of 195 acres at Ashville Creek at the east end of Muddy Creek in At his death, the property conveyed to James and Grace Sherwood. COMPREHENSIVE PLAN: Transition Area The Transition Area lies between the more densely developed Suburban Area and low density Rural Area of the City. The Comprehensive Plan states that these areas are not to become part of the urban area north of the Green Line nor limited to very low densities for rural growth. These areas will continue to be well-planned with clustered development, protected open space, and densities averaging no more than one dwelling unit per acre. While there are some Special Areas identified within the Transition Area, the Transition Area as a whole is characterized by many high quality residential neighborhoods with significant open space areas. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Ashville Park has access to Flanagan s Lane and Princess Anne Road; however, the location of the proposed modifications Page 3

4 should ultimately affect the Princess Anne Road access point only. In the vicinity of this site, Princess Anne Road is a two-lane minor suburban arterial with a variable (80 feet to 100 feet) right-of-way width. There are currently no CIP projects planned for this portion of Princess Anne Road. The proposed modification to the original plans is expected to generate approximately 1060 additional daily vehicular trips, with approximately 125 occurring in the afternoon peak hour. Although this trip generation increase is significant, it does not invalidate the original Traffic Impact Study (TIS), or require it to be updated. The approved original TIS analysis found that a traffic signal for the intersection of Ashville Park Boulevard and Princess Anne Road would be required at approximately 70% build-out of the entire Ashville Park development. The additional trips resulting from the currently proposed modification will likely impact this projection, causing the signal to be warranted at an earlier date. Traffic Engineering will continue to monitor the intersection, and will require the traffic signal to be installed when it becomes warranted, regardless of the previously approved projections. TRAFFIC: Street Name Princess Anne Road Present Volume Present Capacity Generated Traffic 12,280 ADT 1 15,000 ADT 1 Existing Land Use ADT (42 PM Peak Hour) Proposed Land Use 3 1,690 ADT (169 PM Peak Hour) 1 Average Daily Trips 2 as defined by 169 age restricted units 3 as defined by 169 single family units WATER and SEWER: This site must connect to City water. This site must connect to City sanitary sewer. The site is located within two pump station service areas. The applicant shall provide analysis of Pump Station #645 and the sanitary sewer collection system to insure future flow can be accommodated. A service boundary has been established for the purposed Pump Station #646. Construction plans for water and sewer services are required. PARKS and RECREATION: With the removal of the active adult recreation club and the age restriction from this section, the perimeter trail (suitable for equestrian use) becomes a more important amenity. Therefore, the trail section must be built as shown in the connectivity section of the master plan. Also, a trail easement must be recorded where the perimeter trail crosses Homeowner Owner Association open space. SCHOOLS: Current School Capacity Generation 1 Change 2 Enrollment Princess Anne Elementary Princess Anne Middle 1,365 1, Kellam High 1,843 1, 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). Page 4

5 EVALUATION AND RECOMMENDATION The proposed modifications to the proffers do not change the layout design of the village, provide more open space in the village, and do not change the overall density previously approved for the entire subdivision. The reduction of the square footage of the two-story dwellings is minimal and should not affect the quality of the built product. Staff recommends approval of this request with the submitted proffers provided 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 11: The Grantor shall record a Master Deed of Covenants, Conditions and Restrictions ( Restrictions ) governing the Property. All landowners within the PD-H2 District shall be members of a Home Owners Association responsible for maintaining collectively all common areas on the Property. The Restrictions shall be enforced by one or more Home Owners Association, which Restrictions, shall among other things, restrict the use of the open space areas for any purpose, but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. These covenants shall become part of the deed of each lot or parcel within the development. Such covenants shall be approved by the City Attorney and recorded before the first building permit in the project is issued. PROFFER 18: One Recreational Activity Area shall be designed, constructed and built on the Property between Village A: and Village C, substantially where indicated on the Master Plan. The facility shall provide indoor amenities, meeting rooms and active outdoor recreational amenities. No outside recreational fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any such lighted tennis courts must be setback a minimum of 150 from a residential property line. Outdoor lighting installed for the swimming pools or outdoors tennis courts shall be directed downward toward the swimming pool or tennis courts play area. PROFFER 19: The recreational facility referenced in Proffer number 18 shall be substantially similar in quality, design and character to the exhibit entitled Community Amenities as contained in Section VI in the Manual. It is recognized that with a development of this size, detailed building plans may change as the development of Ashville Park progresses. The intent of the renderings is to demonstrate the architectural style and building quality of these facilities. Final elevations for these structures shall be submitted to the Planning Director to assure compliance with this proffer. PROFFER 30: All residential dwellings constructed within Villages B shall contain no less than 1,800 square feet of enclosed living area, excluding garage area, for any one-story dwelling and shall contain no less than 2,100 square feet of enclosed living area, excluding garage area, for any two-story dwelling. PROFFER 5: Page 5

6 Except for the modification by replacement of Proffers number 11, 18, 19 and 30, the remaining thirtythree (33) proffered covenants, restrictions and conditions as set forth in the 2005 Proffers are hereby ratified and affirmed. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney s Office has reviewed the proffer agreement dated September 1, 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 6

7 AERIAL OF SITE LOCATION Page 7

8 APPROVED MASTER PLAN Page 8

9 VILLAGES A AND B Page 9

10 RECREATIONAL AMENITIES Page 10

11 Active Adult Clubhouse Page 11

12 APPROVED SUBDIVISION PLAT Page 12

13 APPROVED SUBDIVISON PLAT Page 13

14 PROPOSED CENTER GREEN IN VILLAGE B Page 14

15 ZONING HISTORY # DATE REQUEST ACTION 1 5/10/05 2/24/04 12/10/91 8/27/86 2/12/73 Conditional Rezoning (Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District to Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District) Conditional Rezoning (AG-1 & AG-2 Agricultural to Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District) Conditional Use Permit (Borrow Pit) Rezoning (R-3 Residential to AG-1 & AG-2 Agricultural) Approved Approved Approved Approved Approved Conditional Use Permit (Rifle Range) 2 8/12/03 Conditional Rezoning (AG-1 & AG-2 Agricultural to Conditional R-20 Residential and P-1 Approved Page 15

16 Preservation) Conditional Use Permit (Open Space Promotion) 3. 6/13/95 Street Closure Approved 4. 7/7/09 8/10/93 8/27/86 4/22/68/ Conditional Use Permit (Outdoor Recreation and Mulch Facility) Conditional Use Permit (Firewood Preparation) Reclassification (A-1 Apartment to AG-1 & AG-2 Agricultural) Conditional Use Permit (fairground) Approved Approved Approved Approved Page 16

17 DISCLOSURE STATEMENT Page 17

18 DISCLOSURE STATEMENT Page 18

19 DISCLOSURE STATEMENT Page 19

20 DISCLOSURE STATEMENT Page 20

21 DISCLOSURE STATEMENT Page 21