2 August 10, 2011 Public Hearing APPLICANT / PROPERTY OWNER:

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1 2 August 10, 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) ADDRESS / DESCRIPTION: 527 N. Witchduck Road GPIN: ELECTION DISTRICT: BAYSIDE TOTAL SITE SIZE: acres (religious use: 2.43 acres; rezoning: 1.47 acres) AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant proposes to subdivide a 1.47 acre rectangular 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 310 long street with 8 homes lined along either side for a total of 16 homes. A private street is proposed with a 24 wide pavement section and no sidewalks. Two parking spaces are shown in front of each home and the parking areas will be improved with a pervious pavement system. The street terminates in an emergency vehicle turn around improved with grass pavers. Proposed stormwater will be routed to Witchduck Lake. No private backyard space is provided for rear yards, decks or patios. A shared 3-foot wide mulched walking trail is shown behind each dwelling unit. This trail ranges from 4 to 15 feet away from the rear of the homes. A six foot tall wooden privacy fence will separate the condominium development from the church with a 10 Category IV landscape buffer on the inside of the fence. An attractive four-foot tall, brick, monument style sign and a decorative four-foot tall coated aluminum fence with brick columns spaced eight feet on-center will highlight the entrance along Witchduck Court. Page 1

2 The PD-H2 Planned Unit Development District requires that 15% of the total land area be designated for open space to be left in a natural state or used for recreational purposes. The submitted plan indicates that 19.1% or 12,233 square feet will be designated for open space use and rezoned to P-1 Preservation 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 behind the western row of homes, within a 20 utility easement and a 5 drainage easement. The exterior architecture of the proposed dwellings consists of traditional 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 one or two car garage. The application does not specify any public benefit that would be gained by developing this site as a Planned Unit Development as required by the Zoning Ordinance. Staff also notes that the minimum lot size specified in the ordinance for the PD-H2 option is five acres and this site contains 1.47 acres. All open space and improvements, including the street, will be maintained by a mandatory Condominium Association. Although the rezoning will reduce the church site to 2.43 acres, less than the minimum three acres required for a religious use, the church fits well on the smaller site. 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 West: Multi-family dwellings / A-12 Apartment District NATURAL RESOURCE AND CULTURAL FEATURES: The western portion of the site is grass field with a row of Crape Myrtles 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 Suburban Area and contains policies to guide and protect the future physical character of this 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. The Plan also reinforces the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area (p. 3-2). Page 2

3 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 52 ADT Proposed Land Use ADT 1 Average Daily Trips 2 as defined by 1.47 acres of R-7.5 zoning 3 as defined by16 units of residential condos 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. POLICE / CRIME PREVENTION OFFICE: As a matter of public safety, pedestrian pathways shall be designed to maximize sight lines and surveillance opportunities by users, while keeping with the natural appearance of the open space. Landscaping within eight feet of pathways should be kept trimmed low (under three feet) or limbed up (seven feet). Plant selection and its maturation areimportant to consider in this regard. Due to the close proximity of the proposed mulch trail to the rear of the residential units, the police department does not support the project. The trail, as designed, gives users easy access to the rear of units. The privacy issue, or lack thereof, for the future homeowners aside, the proposed design of the trail creates the perfect opportunity for anyone to look into windows and get unencumbered access to the rear of the homes. This is a safety issue and outweighs this open-space amenity. We recommend doing away with the trail altogether. DEVELOPMENT SERVICE CENTER: This site is within the Chesapeake Bay Watershed. Stormwater quality and quantity will have to be addressed in accordance with the CBPA Ordinance, Stormwater Managemnet Ordinance, Virginia Stormwater Management Handbook and the performance based water quality calculations outlined in the Virginia Stormwater Management Handbook. A sidewalk is also required along Witchduck Court along the entire frontage of the proposed development connecting to the existing sidewalk at the entrance to Aragona Church of Christ. Page 3

4 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. 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). EVALUATION AND RECOMMENDATION This application is not acceptable as submitted. The proposed A-12 density is in keeping with density in the vicinity and the site is not impacted by any AICUZ compatibility concerns. It is recognized that the 1.47 acre site is not being utilized by the religious use and the sale will help the church financially. Staff further recognizes that the proposal responds to the current market demand for moderately sized, detached homes and that 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; The land use plan will create a monotonous streetscape. The homes are aligned in a straight row on both sides of a straight, dead end road. The homes have a width of 26 and the driveway centered in front of each home has a width of 20. There is little landscaping shown along the street frontage and the prominent streetscape feature will be parked automobiles. Resident parking and emergency vehicle access will be tight on the site. Each home has two parking spaces and a one or two car garage. Because the proposed roadway will have only a 24 wide pavement section, parking must be prohibited along the road to allow for access by emergency vehicles. There is no opportunity for extra parking or guest parking within the proposed development. Only minimal standards for emergency vehicle access and turnaround are met. Page 4

5 The proposed open space is not acceptable. Essentially, the land use plan designates small areas at the entrance and at the end of each row of homes as open space. In addition, the area which would normally be a back yard for the homes on the western side of the street is also included in the open space calculation. This long, narrow area is unusable space encumbered by drainage and utility easements. The designated open space provides no focal point for the development. A narrow walking trail crammed into a very narrow corridor behind the homes is the only recreational amenity shown. Such a trail is dangerous and unacceptable (see comments from the Police Department). The proposed homes have virtually no private outdoor space. As submitted, the land use plan has parking occupying most of the area in front of each home. The homes are set 10 apart, which allows little useable space and there is no back yard area at all. Space for a patio, deck or shed is not provided. Workforce Housing. The applicant is requesting to double the by-right density and proposes to construct moderately sized homes priced to be affordable. The plan, therefore, lends itself to the Workforce Housing Program, which would be a positive step in keeping with City goals to provide affordable housing. The applicant, however, has elected not to pursue the program. Home design could be improved to emphasize front porches and minimize garages. Ideally, these moderate sized homes should have rear 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. Recessing the garages and limiting them to a one car size would also be helpful. The proposed land use plan does not create a sense of community and provides no connectivity to the adjacent church and surrounding residential areas. As designed, the proposed 16 dwelling units would be isolated from the greater community with no connecting pedestrian or bike trails. Instead of integrating the dwellings around the existing church and perhaps developing shared amenities, the plan calls for separating the residential development from the church with a privacy fence. The uniform positioning of the dwellings and lack of a community focal point does not promote a sense of place. 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. The applicant has not been open to making major design changes suggested by staff. Due to serious concerns with the land use plan outlined above and the fact that the land use plan has not been amended to address identified concerns, staff is left with no option but to recommend denial. 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 Page 5

6 (16). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and at least a single (1) car garage. 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 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. Granter 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 six (6) elevations designated as Elevation One, Elevation Two, Elevation Three, Elevation Four, Thatcher and Chatuea, and the five (5) side and rear elevations designated as Models 1, 2, 3, 4, and 5, have been exhibited to the Virginia Beach City Council and is 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 Withduck Court 20 feet Minimum Setback from Adjacent Properties 20 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. 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 applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code Page 6

7 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 by 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 forgoing 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 attached 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 inspections 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. 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 7

8 AERIAL OF SITE LOCATION Page 8

9 PROPOSED SITE PLAN & CONDOMINIUM ENTANCE SIGN Page 9

10 ELEVATIONS ONE and TWO Page 10

11 ELEVATIONS THREE and FOUR Page 11

12 ELEVATIONS Page 12

13 ELEVATIONS Page 13

14 ELEVATIONS Page 14

15 ELEVATIONS Page 15

16 ELEVATIONS Page 16

17 ELEVATIONS Page 17

18 # 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 18

19 DISCLOSURE STATEMENT Page 19

20 DISCLOSURE STATEMENT Page 20

21 DISCLOSURE STATEMENT Page 21

22 DISCLOSURE STATEMENT Page 22

23 DISCLOSURE STATEMENT Page 23

24 DISCLOSURE STATEMENT Page 24