4 August 13, 2014 Public Hearing

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1 4 August 13, 2014 Public Hearing APPLICANT & PROPERTY OWNER: LILLEL FARMS, INC. STAFF PLANNER: Kristine Gay REQUEST: Change of Zoning (Conditional PDH-2 with A-24 Apartment Zoning District to P-1 Preservation District) ADDRESS / DESCRIPTION: 2100 Centerville Turnpike GPIN: ELECTION DISTRICT: Centerville SITE SIZE: 723,720 square feet AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL Background This request for a change of zoning from Conditional PD-H2 Planned Unit Development with an underlying A-24 Apartment District to P-1 Preservation District is necessary to fully execute the requirements of the conditional rezoning granted by City Council on September 24, As part of said conditional rezoning, City Council approved a proffered site plan which included designated open spaces to be rezoned to P-1 Preservation. This site plan has been included near the end of this report. As shown in the proffered site plan, a total of approximately 3.04 acres of land was called out as open space. This accounts for 26% of the entire site and includes open grassy areas, an outdoor pool area, and detention pond. As outlined in the Proffer 13 of the approved conditional rezoning, the open space shall be owned and maintained by the owner of the multi-family residential units and the homeowner s associations. The homeowner s association shall be made up of the owners of the townhouses. All townhouse owners are required to be part of the homeowner s association. This request is to bring the site into conformity with the City Zoning Ordinance and the approved proffer agreement that states that the open space must be rezoned to P-1 prior to the approval of the subdivision plat. Page 1

2 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The site is primarily undeveloped; a portion of the site is used for a golf driving range SURROUNDING LAND USE AND ZONING: North: Single-family dwellings / R-7.5 Residential South: Lynnhaven Parkway Single-family dwellings / R-7.5 Residential East: Multi-family dwellings / A-12 Apartment West: Currently a grass field; it is proposed to be developed with restaurants, convenience store and gasoline sales / B-2 Business NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features related to the site. COMPREHENSIVE PLAN: This area of the City is designated as Suburban Area. The overriding objective of the Suburban Area Policies is to protect the predominately suburban character defined by the stable neighborhoods of our community. The plan also reinforces the suburban characteristics of commercial centers and other non-residential uses in this area. The goal of preserving neighborhood quality requires that all new development or redevelopment, whether residential of non-residential, either maintain or enhance the existing neighborhood through compatibility with surroundings and attractiveness of the site and buildings, including type, size, and intensity to the existing area, improved mobility, environmental responsibility, livability, buffering of residential from other residential and nonresidential and relationship to the surrounding uses. The quality of the physical environment within the Suburban Area will be impacted by how well we protect and enhance its physical assets, including open spaces. (p. 3-1 to 3-4.) IMPACT ON CITY SERVICES City services are not affected by this request. EVALUATION AND RECOMMENDATION This request for a change of zoning from a Conditional PD-H2 Planned Unit Development with an underlying A-24 Apartment District to P-1 Preservation District is necessary to fully execute the requirements of the Conditional Change of Zoning granted by City Council. The open space areas Page 2

3 depicted on the submitted plan are acceptable. For the reasons stated above, staff is recommending approval of this request. 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 3

4 AERIAL OF SITE LOCATION Page 4

5 CITY COUNCIL APPROVED SITE PLAN EXHIBIT Page 5

6 CITY COUNCIL APPROVED OPEN SPACE EXHIBIT Page 6

7 AREAS TO BE REZONED TO P-1 PRESERVATION (Sheet 1 of 2) Page 7

8 AREAS TO BE REZONED TO P-1 PRESERVATION (Sheet 2 of 2) Page 8

9 3 2 1 ZONING HISTORY # DATE REQUEST ACTION 1 11/10/1975 Rezoning (R-6 Residential to B-2 Business) Approved 01/25/1994 Conditional Use Permit (Driving Range and Mini-Golf) Approved 2 05/22/ /12/ /12/2008 Conditional Use Permit (Automotive Service Station) Conditional Rezoning (B-2 Business to B-4 Mixed Use) Modification of Proffers Withdrawn Approved Approved 3 01/12/1999 Conditional Use Permit (Borrow Pit) Approved 4 08/13/2002 Conditional Use Permit (Daycare) Approved Page 9

10 DISCLOSURE STATEMENT Page 10

11 DISCLOSURE STATEMENT Page 11