3 July 13, 2011 Public Hearing APPLICANT / PROPERTY OWNER: MARQUETTE & ASSOCIATES, L.L.C. /G.S. DEVELOPERS, L.L.C.

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1 3 July 13, 2011 Public Hearing APPLICANT / PROPERTY OWNER: MARQUETTE & ASSOCIATES, L.L.C. /G.S. DEVELOPERS, L.L.C. STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (AG-2 Agricultural to Conditional R-5S Residential) ADDRESS / DESCRIPTION: 629 and 637 Dam Neck Road and 657 Taneva Ct. GPIN: ; ; ; ; ELECTION DISTRICT: 7 PRINCESS ANNE SITE SIZE: 2.07 acres (90,232 square feet) AICUZ: db Ldn / Sub-area 2 surrounding NAS Oceana. SUMMARY OF REQUEST The applicant proposes to rezone the existing AG-2 Agricultural properties Conditional R-5S Residential and develop the site with 10 residential lots. The R-5S Residential District requires a minimum lot size of 5,000 square feet and a minimum 50 foot lot width. The submitted subdivision plan depicts 10 residential lots, varying in size from 8,591 square feet to 11,321 square feet with an average lot size of 9,023 square feet. Eight of the lots are depicted at 50 foot widths: Lot 8 depicted at 96 feet in width and Lot 5 depicted at 81 feet in width. Five lots front Dam Neck Road with access through a consolidated entrance at the eastern most end of the property. The access lane, 20 feet in width, is for Lots 5-10 and also has a 15 foot landscaped buffer along Dam Neck Road. Five lots front Taneva Court and Lots 1-4 have individual driveways. The proposed density of the project is 6 dwelling units to the acre which is consistent with the adjacent Ocean Lakes subdivision. The proposed dwellings are 2 stories in height with vinyl siding and architectural grade roofing shingles. Architectural details include a shed type metal roof over the garage, as well as metal roof type awnings over the windows, wood support brackets, a brick skirt and brick pedestals supporting vinyl wrapped columns. The dwellings will be approximately 1,800 square feet of building area. Page 1

2 LAND USE AND PLAN INFORMATION EXISTING LAND USE: A single-family dwelling and landscaping exists on the site. SURROUNDING LAND USE AND ZONING: North: South: East: West: Dam Neck Road, Taneva Court, single-family dwellings / R-7.5 Residential District Multifamily dwellings / R-5D with PD-H2 overlay Townhomes, single-family dwelling / R-5D with PD-H2 overlay, AG-2 Agricultural District Single-family dwellings / R-7.5 Residential NATURAL RESOURCE AND CULTURAL FEATURES: The properties are within the Chesapeake Bay watershed. The sites have a single family dwelling and are sparsely wooded. There does not appear to be any significant environmentally or culturally on the site. AICUZ: The site is in an AICUZ of db Ldn and within Sub-area 2 surrounding NAS Oceana. In Sub-area 2, rezoning applications may be approved only if the City Council finds that (1) the proposed development is at a density similar to or lower than that of surrounding properties having a similar use and (2) no greater than that which is recommended by the Comprehensive Plan, and that it conforms to the applicable provisions of the Comprehensive Plan. The applicant submitted a plan in 2008 for a multi-family project of 23 townhomes. The Joint City-Navy MOU Committee determined that the request did not meet the requirements of the AICUZ Overlay Ordinance due to the proposed density of units to the acre. The MOU Committee as well as staff concluded that the subject site, to be consistent with the recommendations of the Comprehensive Plan, should be developed at no more than six (6) units to the acre. This density is consistent with the overall density in the surrounding Ocean Lakes neighborhood. The applicant s representative met with the MOU Committee on April 21, The MOU Committee found the request to be consistent with the Comprehensive Plan and City Zoning Ordinance recommendations for infill projects in that the density should be consistent with or less than surrounding properties. COMPREHENSIVE PLAN: The Comprehensive Plan designates this property, proposed for infill residential development, as being located in the Suburban Area. The general and specific planning principles for the Suburban Area reinforce predominantly suburban characteristics. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through attractiveness of site and buildings and compatibility with respect to type, size, intensity, and relationship to the surrounding uses. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The parcels for this site border Dam Neck Road and Taneva Court. Dam Neck Road is a four-lane divided minor suburban arterial with a variable-width (60 to 120 ) right of way. This portion of Dam Neck Road is designated on the City s 2010 Master Transportation Plan as a four-lane divided minor arterial with 110 right-of-way width. There is no Capital Improvement Project (CIP) scheduled for this portion of Dam Neck Road. Taneva Court is Page 2

3 a two-lane local street with a fifty-five foot (55 ) right-of-way width. There are no CIP projects scheduled for Taneva Court. PUBLIC WORKS/TRAFFIC ENGINEERING The proposed single-family dwellings on Taneva Court do not present any substantial impact to the surrounding traffic network, since Taneva Court is a local street with primarily residential traffic. Taneva Court intersects Dam Neck Road, which is operating below capacity and is able to handle additional traffic volumes from these proposed five single-family dwellings. There is no median break along Dam Neck Road at Taneva Court, so the intersection operates as a right-in / right-out only onto this major road. Taneva Court is currently a public street, but at the intersection with Dam Neck Road, it has qualities of a private driveway in that there is a concrete apron and substandard radii. The developer will be required to improve the intersection radii on the south east corner of the intersection in accordance with City of Virginia Beach Public Works Standards. Additionally, right-of-way improvements along the eastern side of Taneva Court may be required along the frontage of the proposed development. These improvements may include (but are not necessarily limited to) curb & gutter, sidewalk, and street lighting. TRAFFIC: Street Name Present Volume Dam Neck Road 22,100 ADT 1 (1,100 PM Peak Hour) Present Capacity Generated Traffic 30,600 ADT 1 Existing Land Use 2 20 ADT(2 peak hour) Proposed Land Use ADT(10 peak hour) 1 Average Daily Trips 2 as defined by two single-family dwellings 3 as defined by ten single family dwellings WATER: This site must connect to City water. This site must connect to City water. There is a 12-inch City water main in Dam Neck Road and an eight-inch waterline in Taneva Court. SEWER: City sanitary sewer does not front this site, and the site is not within any pump service area. Pump station service areas #604, #622, and #628 are adjacent to this site; plans and bonds are required for the extension of sanitary sewer service to the site. DEVELOPMENT SERVICES CENTER: Stormwater quantity and quantity shall be addressed in accordance with the specifications outlined in the Virginia Stormwater Management Handbook. SCHOOLS: Current School Capacity Generation 1 Change 2 Enrollment Ocean Lakes Elementary Corporate Landing Middle 1,328 1, Ocean Lakes High 2,367 2, 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 3

4 EVALUATION AND RECOMMENDATION Staff recommends approval of the request to rezone the site from AG-2 Agricultural to Conditional R-5S Residential and develop 10 single-family lots. The City Zoning Ordinance states For property within Subarea 2 of the db DNL Noise Zone, discretionary development applications for residential uses may be approved only if the city council finds that the proposed development: 1. Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and 2. Conforms to the applicable provisions of the Comprehensive Plan Staff finds that the request is proposed at a density consistent with the existing density of the Ocean Lakes subdivision, 6 units to the acre. The lots vary in size from 8,591 square feet to 11,321 square feet, more than meeting the required minimum lot size of 5,000 square feet, and all the lots meet the minimum required 50 feet lot width. The proposed dwellings are consistent in both design and size with surrounding homes. Staff also finds that the request is consistent with the recommendations of the Comprehensive Plan. Therefore staff recommends approval of the request subject to the proffers listed 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 the Property is developed it shall be subdivided into ten (10) lots for single family residential homes in accordance with the REZONING EXHIBIT FOR MARQUETTE AND ASSOCIATES, LLC AND GS DEVELOPERS, LLC TANEVA ESTATES dated January 31, 2011 February 28, 2011, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ( Concept Plan ). PROFFER 2: When the Property is developed, there will be no more than ten (10) single family residential lots as depicted in the Concept Plan. PROFFER 3: When the Property is developed, the residential homes depicted on the Concept Plan shall have the architectural design, and utilize exterior building materials and color selections substantially as depicted and designated on the exhibit entitled FRONT, REAR, LEFT SIDE, AND RIGHT SIDE ELEVATIONS 1782 SF. SINGLE FAMILY RESIDENCE VIRGINIA BEACH, VIRGINIA, dated February 28, 2011, prepared by Brian Meekins & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ( Elevations ). PROFFER 4: When the Property is subdivided, the six (6) lots designated 5 through 10, as depicted on the Concept Plan, shall be subject to a Declaration creating a mandatory membership homeowners association for the Page 4

5 purpose of maintaining the Private Drive Aisle and the landscaping easement along the frontage of each property. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and insure the site will be developed in a coordinated manner in terms of parking and landscaping. The City Attorney s Office has reviewed the proffer agreement dated February 28, 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 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 5

6 AERIAL OF SITE LOCATION Page 6

7 PROPOSED SITE PLAN Page 7

8 PROPOSED ELEVATION Page 8

9 ZONING HISTORY # DATE REQUEST ACTION 1 08/01/07 07/03/06 03/01/06 Rezoning (AG-2 Agricultural to A-24 Apartment) Rezoning (AG-2 Agricultural to A-24 Apartment) Rezoning (AG-2 Agricultural to A-24 Apartment) Withdrawn Deferred Deferred 2 02/09/93 06/25/95 11/24/98 Rezoning (PD-H2 Planned Unit (R5-D Residential and AG-2 Agricultural to Conditional B-1A Business) Modification of Proffers; Subdivision Variance; Rezoning (AG-2 Agricultural and B-1A Business to R-20 Residential) Rezoning (B-1A Business to R-20 Residential) 3 06/27/95 Rezoning (B-1A Business to R-20 Residential) 4 03/12/90 08/27/91 03/25/98 12/18/01 Conditional Use Permit (Retirement Home) Reconsideration of Conditions Modification of Conditions Modification of Conditions 5 12/16/85 Rezoning (AG-1 & AG-2 Agricultural to R-6 Residential Page 9

10 DISCLOSURE STATEMENT Page 10

11 DISCLOSURE STATEMENT Page 11

12 DISCLOSURE STATEMENT Page 12