1 November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC.

Transcription

1 1 November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Change of Zoning (AG-1 & AG-2 Agricultural Districts to Conditional R-15 Residential District) ADDRESS / DESCRIPTION: 1864 Indian River Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 6.05 acres AICUZ: Less than 65 db DNL db DNL, Sub Area 2 BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone a 6.05-acre parcel zoned AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District in order to create six lots, a minimum of 15,000 square feet in size, for single-family dwellings. The proffered site layout depicts a 50-foot wide, public right-of-way (cul-desac) intersecting Indian River Road. At the top of the cul-de-sac, a 50-foot wide reservation will be established for future right-of-way. This reservation will be recorded on the final plat and will provide future connectivity to the currently undeveloped site to the east. The entrance into the development is designed with stormwater management ponds on either side of the road, functioning as both visual and stormwater management amenities. Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines, the site layout depicts 52 percent of the property as open space. This open space includes a 150-foot wide Transition Area buffer along Indian River Road, to be dedicated to the City, and over two acres of open space on the northern portion of the property, to be owned and maintained by the Property Owners Association. Total proposed open space for the site is proposed as 3.14 acres. A multi-use trail, accessible to the public, is proposed within the Transition Area buffer and is designed for future connections in the event the adjacent properties develop. The area within the Transition Area buffer will be the more formal of the open spaces, while the open space to the north will be left in its natural state with only selective clearing of understory trees and brush. A 10-foot wide planted area is shown along the Page 1

2 western property line to provide a buffer between the proposed lots and the existing United States Coast Guard communication towers to the west. A Landscape Plan for the entire property is proffered to be completed and submitted during final site plan review and will reflect these requirements. The proffered building elevations are suggestive of the semi-rural character of the Transition Area. The primary building material is proffered as cement fiber-board (e.g. HardiePlank), consistent with the Comprehensive Plan s recommendation of the use of high quality materials. The proffers require that all front yards be sodded and that dwellings have minimum floor area: one-story dwellings must contain no less than 1,800 square feet of enclosed living area, excluding garage area and two-story dwellings must contain no less than 2,100 square feet of enclosed living area, excluding garage area. The applicant has also proffered that $ per lot will be paid to the City for acquisition of property for open space preservation, pursuant to the City s Outdoors Plan. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single-family dwelling SURROUNDING LAND USE AND ZONING: North: Portion of Former Pungo Airfield (U.S. Coast Guard Communication Station), agricultural fields / AG-1 Agricultural District South: Indian River Road Single-family dwellings / AG-2 Agricultural District East: Wooded parcel / AG-2 Agricultural District West: Portion of Former Pungo Airfield (U.S. Coast Guard Communication Station) / AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The site is partially wooded and within the Southern Watersheds Management Area. Much of the property designated as open space on the proffered plan has mature trees that will remain undisturbed, other than selective clearing of dead trees and underbrush. There do not appear to be any significant cultural features on the site. COMPREHENSIVE PLAN: This property is located in the Transition Area, an area that lies between the more densely developed Suburban Area and the low-density Rural Area of the city. The Comprehensive Plan states that the Transition Area should not become as suburbanized as properties north of the Green Line nor should it be limited to very low densities as is the southern, rural portion of Virginia Beach. Instead, land use in the Transition Area is recommended for well-planned, clustered development that protects open space, optimizes site amenity and design opportunities, and limits densities to an average of no more than one dwelling unit per acre. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road is a two-lane, rural highway with a variable width right-of-way. This portion of Indian River Road is not included on the City s MTP. There are currently no Roadway CIP projects planned for this roadway. Page 2

3 TRAFFIC: Street Name Present Volume Present Capacity Indian River Road 3,085 ADT 1 7,400 ADT 1 (Level of Service C ) - 12,000 ADT 1 (Level of Service D ) Generated Traffic Existing Land Use 2 10 ADT Proposed Land Use 3 57 ADT 1 Average Daily Trips 2 as defined by 6 acres of agriculturally zoned property 3 as defined by six single-family dwellings WATER & SEWER: City water and sanitary sewer are not available. Well water is proposed for the new dwellings. According to the applicant s consultant, all of the proposed lots appear to have soils unsuitable to support conventional onsite sewage disposal systems. The Virginia Department of Health Alternative Onsite Sewage Disposal Regulations do allow for the installation of alternative systems in order to accommodate residential sewage. Based on this, the wastewater treatment for Lots 1, 2 and 3 will likely involve an alternative sewage disposal system utilizing standard septic tanks, treatment modules providing Level 3 quality effluents, time dosing pump chambers and shallow placed effluent infiltration pads. The consultant has also indicated that Lots 4, 5 and 6 have a seasonal high water table at or near the ground surface, making the sites unsuitable for either a conventional or an alternative sewage disposal system as described above. Under the provisions of House Bill 1166, the Health Department may permit an engineered wastewater disposal system, best characterized as a drip disposal system. These systems dispose of treated and disinfected effluent in an elevated, sand mound. Each system would include a 1,000 gallon septic tank, treatment devices such as an aerobic treatment unit, ultraviolet disinfection lights, and a disposal field within an elevated sand-backfilled mound. All on-site sanitary sewer treatment, regardless of the system, as well as wells for water will require review and ultimately approval by the Health Department prior to the approval of a site plan by the Development Services Center. SCHOOLS: School Current Enrollment Capacity Generation 1 Creeds Elementary Princess Anne Middle 1,414 1,456 1 Kellam High 1,833 1, generation represents the number of students that the development will add to the school EVALUATION AND RECOMMENDATION Chapter 4 of the Comprehensive Plan characterizes this portion of the Transition Area as a patchwork of smaller, undeveloped properties. These properties, for the most part, are located outside of AICUZ impact areas, meaning air operations conducted from NAS Oceana and Fentress Airfield will not negatively impact future residents. The proposed rezoning is consistent with the provisions of Section 1804 of the City Zoning Ordinance pertaining to discretionary development applications in AICUZ areas. While the upper 0.98 acres of the northwest corner of this site does lie within the 65 to 70 db DNL AICUZ (Sub-area 2), the proffered plan Page 3

4 proposes to leave the area as natural open space; therefore, the vast majority of the site in the lowest AICUZ of Less than 65 db DNL. The Comprehensive Plan purposely recommends a lower density for new development in the Transition Area. The Plan recommends that residential development have a maximum average density of one dwelling unit per acre. With an overall density of 1.01 units per acre, the number of proposed dwellings is consistent with the recommendation for new residential developments in the Transition Area. This lower density minimizes the level of impact on existing public infrastructure; avoids the need for the higher level and more expensive improvements associated with urban development; and, in keeping with the intent of the Green Line, ensures that citizens in other parts of the city will not be subsidizing capital improvements to support higher density development in rural Virginia Beach. The Comprehensive Plan states that Development in the Transition Area is not to be considered as a continuation of the higher density growth as experienced in the in the northern urban area. The Transition Area is viewed not as a continuation of the urban areas to the north or the rural areas to the south, but as a transitional zone between the two. To further this concept, the Transition Area Guidelines were established to ensure that growth in this area is suited to the character of the area and respectful of environmental features. The Transition Area Matrix at the end of the report describes how the proposal addresses the three important components of project design: Natural Resources, Amenity, and Design. It is Staff s finding that the proposal blends well with the existing area; is respectful of the rural character along this portion of Indian River Road; is designed with future connectivity to adjacent properties for vehicles and pedestrians; facilitates future preservation of the northern wooded areas; positions stormwater management facilities as visual, open space amenities; is consistent with both the AICUZ Overlay Ordinance and the Comprehensive Plan s density recommendations; and, places no detrimental burden on the capacity of roadways and other infrastructure in the Transition Area. Based on this evaluation, Staff recommends approval of the application subject to the proffers 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 1: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than six (6) building lots substantially in conformance with the Exhibit entitled Conceptual Site & Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA, dated 07/15/13, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ( Land Use Plan ). PROFFER 2: When the Property is developed, the 150 TRANSITION AREA BUFFER as designated on the Land Use Plan shall be improved as depicted and described on the Land Use Plan by the Grantor and dedicated to the Grantee for public use as a multipurpose trail and Open Space consistent with the Grantee s Comprehensive Page 4

5 Land Use Plan. PROFFER 3: When the Property is developed, approximately acres will be set aside as open space and ponds as depicted on the Land Use Plan. The Open Space depicted to the north of the homes will be natural areas with existing healthy trees to be retained and selective clearing of under-story permitted. The Open Space between the homes and Princess Anne Road including the 150 TRANSITION AREA BUFFER shall be grassed. The 150 TRANSITION AREA BUFFER as depicted on the Land Use Plan shall be dedicated to the Grantee and all of the remaining Open Spaces shall be dedicated to and maintained by the Property Owners Association. PROFFER 4: When the Property is subdivided, the residential building lots shall have a minimum of 15,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ( Deed Restrictions ) administered by a Property Owners Association, to which membership is mandatory. The Property Owners Association shall be responsible for maintaining all Open Space Areas, Common Areas and easements. The Deed Restrictions shall prohibit the operation of motorcycles or all-terrain vehicles ( ATVs ) within the Open Space Areas. PROFFER 5: All residential dwellings constructed on the Property shall have cement fiber board exterior surfaces, excluding roof, trim, windows, and doors. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted and designated on the five (5) Exhibits designated CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES dated July 15, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ( Elevations ). Any one-story dwelling shall contain no less than 1,800 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2,100 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a 350 square foot garage. PROFFER 6: A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. PROFFER 7: The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the Grantor agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee s Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) 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. The Grantor agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. Page 5

6 STAFF COMMENTS: The proffers listed above are acceptable. They ensure that the proposed density and dwellings designs will complement the Transition Area and that rural vistas and open spaces are protected. The City Attorney s Office has reviewed the proffer agreement dated July 29, 2013, 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 Use Permit or 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 LAYOUT Page 8

9 PROPOSED BUILDING ELEVATION 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 ZONING HISTORY # DATE REQUEST ACTION 1 09/24/13 07/07/09 08/10/93 Modification of Conditions Conditional Use Permit (outdoor recreational facility) Conditional Use Permit (firewood preparation) 2 04/24/12 Rezoning (B-2 & AG-2 to Conditional B-2) Conditional Use Permit (automobile service station) 3 07/14/09 Conditional Use Permit (residential kennel) 4 06/22/04 Rezoning ( AG-2 to Conditional B-2) Conditional Use Permit (mini warehouse) 5 10/14/03 Conditional Use Permit (art gallery) 6 07/11/00 Conditional Use Permit (auto detailing) 7 10/28/97 03/16/87 Conditional Use Permit (church addition) Conditional Use Permit (church addition) 8 09/23/97 Subdivision Variance 9 12/11/89 Conditional Use Permit (duplex) 10 08/14/89 Subdivision Variance 11 12/19/88 Rezoning ( AG-2 to B-2) 12 10/24/88 Conditional Use Permit (fuel pumps) Page 14

15 DISCLOSURE STATEMENT Page 15

16 DISCLOSURE STATEMENT Page 16