15 & 16 December 14, 2011 Public Hearing APPLICANT / PROPERTY OWNER:

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1 15 & 16 December 14, 2011 Public Hearing APPLICANT / PROPERTY OWNER: ARAGONA CHURCH OF CHRIST STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Change of Zoning (R-7.5 Residential to Conditional PD-H2 with underlying A-12 Apartment) Conditional Use Permit (Religious Use) ADDRESS / DESCRIPTION: 527 N. Witchduck Road GPIN: ELECTION DISTRICT: BAYSIDE TOTAL SITE SIZE: acres (Religious use: 2.22 acres; Rezoning request: 1.68 acres) AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant proposes to subdivide a 1.47 acre parcel from an existing church site and is requesting to rezone it from R-7.5 Residential District to A-12 Apartment District with a PD-H2 Planned Unit Development Overlay. The proffered land use plan shows a 24-foot wide curvilinear street which branches off into two, 22-foot wide streets and sixteen single-family dwellings are aligned on either side of the roads. A six foot tall wooden privacy fence is located along a newly proposed eastern property line and the existing western property line. Guest parking spaces and driveways fronting each of the houses are designed with pervious pavers. A total of six guest parking spaces are proposed, two guest spaces are provided along the northern property line and four spaces are provided near the development s entrance, north of a proposed central mail-box area. A two-foot tall, brick, monument style entrance sign is also situated at the development s entrance adjacent to Witchduck Court. West of the entrance sign is a decorative four-foot tall, coated aluminum fence with brick columns spaced eight feet on-center. Stormwater will be routed to Witchduck Lake. The PD-H2 Planned Unit Development District requires that 15% of the total land area be designated for open space and left in a natural state or used for recreational purposes. The submitted plan indicates that 24.6% or 18,035 square feet will be designated for open space use and rezoned to P-1 Preservation Page 1

2 District, as required. The area that the applicant identifies as open space is found at the beginning and end of each row of homes and includes the area west of the homes, within a 20 utility easement and a 5 drainage easement. Benches and walkways are provided within the open area located within the southwest corner of the site and behind the central mailboxes near the entrance to the site. The PD-H2 Planned Unit Development District also requires a minimum lot size of five acres for this district to be utilized and the Zoning Ordinance requires the application specify a public benefit that would be gained by developing this site as a Planned Unit Development. This site contains 1.68 acres and is 3.32 acres shy of satisfying the minimum acreage requirement. In addition, no public benefit has been submitted to staff for review. The exterior architecture of the proposed dwellings consists of coastal cottage design including architectural shingles, raised standing seam metal roof accents, faux cedar vinyl, beaded vinyl, and vinyl and brick skirts. Each dwelling unit contains a minimum of 1,350 square feet of living area, and a singlecar garage. All open space and improvements, including the private street, will be maintained by a mandatory Condominium Association. The remaining 2.22 acres of the property, that is not being rezoned, will continue to house a religious use within the existing one-story building. The churches 95 parking spaces are located east of the facility. A 10-foot wide Category IV landscape easement with landscaping is proposed along the western property line of the new church parcel. A Conditional Use Permit for the church is required because the applicant is reducing the size and design of the original church site. Although this proposal will reduce the church site to 2.22 acres, less than the minimum three acres required for a religious use, the church fits well on the smaller site. APPLICATION HISTORY: Planning Commission deferred this request on August 10, 2011, September 14, 2011 and then on November 9, 2011 to allow the applicant to discuss the proposal further with staff and make modifications as requested by Planning Commission at the November 9 th hearing. Changes to proposed condominium development include the following: Removal of one single family dwelling; The addition of six visitor parking spaces; The addition of a six foot tall privacy fence along the western property line; The addition of approximately 1,150 square feet of open space; The addition of a row of landscape plantings along Witchduck Court; The driveway leading to each of the single family homes has been reduced by one foot; and The front porches for each of the proposed dwellings have been redesigned. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Religious use with associated parking and open space SURROUNDING LAND USE AND ZONING: North: Multi-family dwellings / A-12 Apartment District South: Witchduck Court Across Witchduck Court are religious, office, and retail uses / B-2 Community Business District East: Single-family dwellings / R-7.5 Residential District Page 2

3 West: Multi-family dwellings / A-12 Apartment District NATURAL RESOURCE AND CULTURAL FEATURES: The western portion of the site is a grass field with a row of Crape Myrtle trees situated along Witchduck Court. There are no other known natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: This area of the City is designated as a Suburban Area and contains policies to guide and protect the future physical character of the area. The overriding objective of these policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The following are characteristics of the Suburban Area: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi-family units; low-intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. (p. 3-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): North Witchduck Road in front of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a four-lane divided facility within a 110-foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level of Service D. Witchduck Court in front of this application is considered a two-lane undivided collector/local street. No roadway Capital Improvement Program projects are slated for these segments of roadway. TRAFFIC: Street Name Present Volume Present Capacity Witchduck Road 17,201 ADT 1 22,800 ADT 1 (Level of Service D ) Witchduck Court No Existing Traffic Counts Available Generated Traffic Existing Land Use 2 59 ADT Sunday ADT Proposed Land Use ADT+377 Sunday ADT 1 Average Daily Trips 2 as defined by 1.68 acres of R-7.5 zoning + a 10,300 square foot church 3 as defined by17 residential condo units + a 10,300 square foot church PUBLIC WORKS / TRAFFIC ENGINEERING: A sidewalk is required from the church parking lot entrance to the west side of the rezoned property. PUBLIC WORKS / STORMWATER: Appropriate stormwater management is required to compensate for the increase in imperious cover. A stormwater management plan must be submitted and approved during detailed site plan review. DEVELOPMENT SERVICE CENTER: A sidewalk is required along Witchduck Court along the entire frontage Page 3

4 of the proposed development connecting to the existing sidewalk at the entrance to Aragona Church of Christ. Relocate the open space area to a more central place within the development. Crime Prevention Through Environmental Design (CPTED) strategies actively support locating playground, picnic areas or natural common areas to the center or high profile area of a property to offer surveillance opportunities to these areas and a feeling of ownership. Additional plant material at the rear of the residences that back up to Witchduck Court should be provided. Plant material is encouraged to be innovative in terms of spacing and arrangement and incorporate existing vegetation when applicable to allow the widest possible variation for visual enhancement. Species diversity for all planting plans is also encouraged. FIRE: Fire lane markings on both sides of the proposed right-of-way are required because the right-of-way is less than 26 feet wide. These markings will be reviewed and approved during detailed site plan review. No on-street parking will be allowed. PARKS & RECREATION: The private open space shown may technically meet the zoning requirement; however, it would better serve the neighborhood if the amenities (trail and benches) were located on the side of the property adjacent to the green space at the church. ENVIRONMENTAL SUSTAINABILITY OFFICE: The Phase I Environmental Site Assessment indicates no items for concern. The Assessment, however, notes that an underground oil tank close to the boundary of the property exists on the Aragona Church of Christ Property. While the tank is still in use and has not exhibited any spills or leakage, the potential exists for impacts to the northeastern corner of the property. It would be prudent to suggest that as a condition of approval, any evidence of spillage or leakage that is apparent once site work commences on the property be reported by the developer to the City and Department of Environmental Quality so that appropriate remediation can occur if warranted. WATER: This site currently connects to city water. The existing 1-inch water meter (City ID # ) may be used or upgraded to accommodate the proposed development. There is an existing 10-inch city water main along North Witchduck Road. There is an existing eight-inch water main along Witchduck Court. SEWER: This site currently connects to city sanitary sewer. Sanitary sewer and pump station analysis for Pump Station #352 is required to determine if future flows can be accommodated. There is an existing 10-inch city sanitary sewer gravity main along the intersection of North Witchduck Road and Widchduck Court. There is an existing 10-inch city sanitary sewer gravity main along Witchduck Court. SCHOOLS: School Current Enrollment Capacity Generation 1 Change 2 Luxford Elementary Bayside Middle 977 1, Bayside High 1,842 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 Staff appreciates the time that the applicant spent to improve the proposal from when the application was initially submitted. The applicant has removed the previously proposed trail running behind the singlefamily dwellings which was identified by the Police Department as a safety concern. The applicant has also realigned the road and redesigned the housing configuration to reduce the monotonous streetscape that was a concern. Mail-boxes and benches have been added to the development improving the sense of community by providing gathering places throughout the condominium development and an internal sidewalk system to get to these gathering places. Six guest parking spaces have been added, alleviating staff s previous guest parking concerns. The proposed A-12 density is in keeping with density in the vicinity and the site is not impacted by any AICUZ compatibility concerns. Staff further acknowledges that the 1.68 acre site is not being utilized by the religious use and the sale will help the church financially. The proposal also responds to the current market demand for moderately sized, detached homes and the applicant has made good use of permeable pavers. These positive points, however, are overridden by the following negative components of the proposed land use plan. Resident parking does not satisfy minimum parking requirements. Each home has one parking spaces and a single-car garage. City Code requires that each home have a minimum of two, 9 x18 parking spaces, not including the garage. The proposed 18 x17 driveway must be enlarged to a minimum of 18 x18 in order to satisfy minimum parking requirements. The proposed open space is not acceptable. The land use plan designates 5,050 square feet near the site s mail-boxes and an additional 12,958 square feet behind the homes at the end of each row of homes as open space. Staff, however, finds that only 5,050 square feet of the identified open space near the mail-boxes should be counted toward the developments open space requirements. The other 12,958 square feet of open space is not suitable to be used in its natural state or for recreational related uses as required by the Zoning Ordinance. The majority of the proposed open space is too narrow to support any recreational use or use by the residents in its natural state. Further, staff does not recommend including areas that are typically identified as a single-family dwellings back yard and side yard within open space calculations because these areas are suitable for private recreation as opposed to being used as common open space for the entire development. The proposed condominium s communal open space should provide a good focal point for the development and be situated to encourage all residents of the development to utilize the area for passive or active recreation. Staff finds that the majority of the identified open space areas do not satisfy this goal. Staff, therefore, recommends that two additional dwellings and adjacent driveways be eliminated and replaced with at least 5,927 square feet of open space. Specifically, it is suggested that houses 16 and 1 be eliminated and replaced with open space. This additional open space will ensure that, at minimum, 15% of the development is devoted to open space that can be enjoyed by the entire community. Home design could be improved to emphasize front porches and minimize garages. Ideally, these moderate sized homes should have rear vehicle access to improve the streetscape. At a minimum, architectural elevations should be designed to emphasis the porch and front door by bringing the gable end roofs over the front entry, rather than having the gable feature over the garages as shown. While increasing the width of the front porch area and limiting the garages to a one car size was helpful, staff s concern regarding the design of the gable end roofs remains. Page 5

6 Improved landscaping is recommended. While staff is supportive of the additional row of landscape materials provided along Witchduck Court, it is unclear what types of plantings are proposed. Without additional information pertaining to the type and size of the landscape materials proposed, staff is unable to determine if the proposed landscape materials adequately screen the rear of the homes along Witchduck Court. Staff recommends that additional information be provided regarding the type and size of the proposed plantings along Witchduck Court for review. In addition, at least a three foot wide landscape area is recommended along both sides of all proposed sidewalks except for necessary opening for driveways and parking spaces. Pushing the houses to the rear of site allows for this additional green space in front of the houses. The additional front yard landscaping helps to foster a pedestrian friendly community which is vital to the developments success. According to the National Association of Realtor s Survey (2011), 77% of public consider sidewalks and places to take walks important. Staff also recommends that the newly proposed six-foot privacy fence along the western property line be reduced to 4 feet tall within the first 20 feet of the development adjacent to Witchduck Court. The surrounding community does not have fences taller than four feet tall adjacent to Witchduck Court, Staff therefore finds that the height of the purposed fence should be reduced to four feet tall within this area to maintain consistently with the surrounding community. Although the revised proposal improves the development, staff has some remaining concerns as identified within the above evaluation and as outlined within the City Services section of this report. Specifically, the Development Service Center and Parks and Recreation recommend improved open space configuration. The Development Service Center goes on to recommend improved sidewalk design and screening behind homes situated along Witchduck Court. The Environmental Sustainability Offices recommends an additional proffer to ensure any oil spills are handled appropriately, due to the close proximity of an existing oil tank. Staff further finds that because the size of this planned unit development is well below the required minimum of five acres, the developer should have an exceptional land use plan that overcomes concerns about using the PD-H2 Overlay. This has not been accomplished and no public benefit has been identified which would justify using the PD-H2 Overlay District to develop this site. Modification of the church conditional use permit to reduce the size of the church site below the current area is acceptable. The church functions well on the reduced 2.22 acre site which contains the church building, some open space and all required parking. Staff s recommended conditions regarding the conditional use permit are found on page eight of this staff report. Due to concerns with the land use plan as outlined above, staff recommends denial of the conditional rezoning with the proffers submitted below. CONDITIONAL REZONING 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: The Property shall be used for the purposes and uses permitted in the PDH-2 Zoning District with an underlying A-12 Zoning District. The Open Spaces as defined herein shall be rezoned to P-1 as required by the PHD-2 Ordinance. The total number of dwelling units permitted on the Property shall not exceed sixteen (16). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and at least a single (1) car garage. The Property shall provide for six (6) guest parking spaces. The Open Spaces, as defined Page 6

7 herein, shall be rezoned to P-1, prior to subdivision approval, as required by the City Zoning Office. PROFFER 2: A subdivision plat approved by the City of Virginia Beach shall be duly recorded to sever all the Parent Property from the Property. The subdivision plat shall comply with applicable City Zoning Ordinances, including but not limited to the minimum lot size requirements. PROFFER 3: Grantor shall comply with all reasonable terms and conditions of all City Ordinances related to matters of Public Works, Traffic Engineering, Public Safety, Public Utilities and Storm Water Management. PROFFER 4: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia, dated May 1, 2011, prepared by MSA (the Concept Plan ), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. PROFFER 5: The architectural design of the residential buildings will be substantially as depicted on the two (2) elevations designated as WITCHDUCK COURT CONDOS PLAN AND DETAILS, Virginia Beach, Virginia prepared by Progressive Designs have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ( Elevations ). The exterior building materials shall be a combination of architectural shingles, raised seam metal roof accents, faux cedar vinyl, beaded vinyl, vinyl and brick skirts. PROFFER 6: The dimensional requirements applicable to Witchduck Court shall be as follows: Minimum Distance from Witchduck Court 20 feet Minimum Setback from Adjacent Properties North 10 feet Minimum Setback from Adjacent Properties South 20 feet Minimum Setback from Adjacent Properties East 15 feet PROFFER 7: 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 spaces, 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. The Condominium documents shall include restrictive covenants which prohibit use of the common areas for any purpose but recreation and open space use. PROFFER 8: 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 (the Open Spaces ) which shall be utilized as such. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of Page 7

8 applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 10: Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. PROFFER 11: All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. PROFFER 12: The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk s Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. STAFF COMMENTS: The proffers listed above are not acceptable as they do not dictate the level of quality as identified within City Zoning Ordinances, Subdivision Regulations and Comprehensive Plan. The City Attorney s Office has, however, reviewed the proffer agreement dated July 7, 2011, and found it to be legally sufficient and in acceptable legal form. Page 8

9 USE PERMIT CONDITIONS 1. A plat must be submitted to the Planning Department / Development Service Center and approved for recordation no later than 90 days after City Council approval of this Use Permit. Said plat shall establish, at minimum, a ten foot landscape easement with Category IV plantings in substantial conformance to the site plan entitled, Witchduck Court Condos by MSA and dated May 1, Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. A landscape plan depicting proposed Category IV plantings shall be submitted to the Planning Department / Development Service Center no later than 180 days after City Council approval of this Use Permit. Category IV planting shall be located in substantial conformance to the Category IV planting as shown on the submitted site plan entitled, Witchduck Court Condos by MSA and dated May 1, Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. Category IV plantings as shown on the submitted site plan entitled, Witchduck Court Condos by MSA and dated May 1, 2011 shall be installed no latter 360 days after City Council approval of this Use Permit. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. 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 9

10 AERIAL OF SITE LOCATION Page 10

11 PROPOSED CHURCH SITE PLAN Page 11

12 House 16 House 1 PROPOSED SITE PLAN & CONDOMINIUM ENTANCE SIGN Page 12

13 ELEVATIONS Page 13

14 ELEVATIONS Page 14

15 # DATE REQUEST ACTION 1 11/12/1963 Use Permit (church) Granted 2 12/14/1910 Use Permit (religious use) Granted 3 09/25/2007 Use Permit (auto repair garage) Granted 4 02/09/2010 Use Permit (church) Withdrawn 5 05/24/2011 Rezoning (R-7.5 to PD-H2 with A-12 underlay) Granted 6 11/25/1997 Rezoning (R-7.5 to Conditional A-12) Granted 7 08/28/2001 Rezoning (R-7.5 to PD-H2 with A-12 Underlay) Granted 8 05/26/1998 Use Permit (auto repair garage) Granted Page 15

16 Aragona Church of Christ Bill Smith, Matt McLean and Duane Caudill - Trustees DISCLOSURE STATEMENT 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