Applicant Property Owner Victory Baptist Church Public Hearing June 8, 2016 City Council Election District Princess Anne Agenda Item D1 Request Modification of Conditions (Reduction of area subject to Conditional Use Permit for a Religious Facility approved by City Council on December 8, 1998) Conditional Rezoning (R-15 Residential District to Conditional R-10 Residential District) Staff Planner Stephen White Location 4125 Indian River Road GPIN 14745344100000 Site Size 10 Acres AICUZ Less than 65 db DNL Existing Land Use and Zoning District Church and parsonage / R-15 Residential District Surrounding Land Uses and Zoning Districts North Single-Family Dwellings / R-15 Residential (Open Space Promotion) South Gum Swamp / R-15 Residential East Single-Family Dwellings / Conditional R-10 Residential West Single-Family Dwellings / R-15 Residential Page 1
Background and Summary of Proposal The subject site is ten acres in area, and is currently occupied by Victory Baptist Church, two single-family dwellings, and several accessory structures. A Conditional Use Permit allowing the church was approved by City Council on December 8, 1998 (conditions of Use Permit are listed on page 9). According to the 1998 staff report, the church was to be built in four phases, eventually consisting of a fellowship hall/gymnasium, classrooms, and a 300-seat sanctuary. In 2008, the church requested a Modification of Conditions of the 1998 Use Permit for the purpose of allowing a single-family dwelling to be moved from the adjacent property onto the church site. The dwelling was to have been demolished to allow for the development of the single-family residential community now located on that site. The conditions of the Modification are listed on page 9. The existing church building is a two-story structure with 10,980 square feet of floor area. There are currently 64 parking spaces on the site, slightly exceeding the required minimum number of 60 spaces for a church with a sanctuary capacity of 300 people. A parking lot with 17 spaces and a turn-around is located between the building and Indian River Road. A second parking lot with 47 spaces is located adjacent to the church on the northwest side of the property. Modification of Conditions Victory Baptist Church requests a modification of the current Use Permit for a reduction of the area of the site subject to the Use Permit. The request will reduce the area to 1.8 acres. Section 240.1 of the Zoning Ordinance, which provides the specific standards for religious facilities, states that the minimum lot area for a religious use is three acres; therefore, the proposed lot area for the church will be deficient by 1.2 acres. The Zoning Ordinance allows the City Council (and the Planning Commission through its recommendation to City Council) to permit such deviations. Section 221(i) states that the City Council may permit, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, reasonable deviations from certain specified requirements otherwise applicable to the proposed development. One of the specified requirements listed in Section 221(i) is minimum lot area. A second issue pertains to the side yard setback adjacent to the new roadway that will serve the proposed subdivision. The submitted site plan shows that the distance between the northwestern wall of the church building and the new roadway is 22.8 feet. This setback is deficient by 12.2 feet. For any use other than a dwelling, located within the R-15 Residential District, Section 502(d)(10) of the Zoning Ordinance requires a 35- foot setback for any side yard adjacent to a street. The cause of the reduced setback of 22.8 feet is the limited space between the church building and an existing stormwater detention pond located to the west of the building. The distance between the building and the impoundment easement is approximately 80 feet. Within that area is the proposed 50-foot wide street right-of-way. There is, therefore, insufficient area for both the 50- foot right-of-way and the required 35-foot setback. As with the deficiency in the minimum lot area discussed above, Section 221(i) is also applicable to yard setbacks, allowing the side yard deficiency to be addressed as part of the modification of the Use Permit. Page 2
The 1.8 acres remaining for the church will consist of the immediate area around the church and a reconfigured parking lot with 72 spaces that will wrap around the southeastern side of the building. The lot for the church will remain zoned R-15 Residential. An area for a trash dumpster is located behind the church. The dumpster area is required to be screened, and Staff is recommending a condition to ensure compliance with that requirement. The rear of the church site will be adjacent to Lot 14. While there is no requirement for any type of screening or buffering, Staff finds that a Category I Landscape Screen planted along the southern lot line of the church will provide a minimal but effective buffer between activities that may occur on the church site and the future residential dwelling. A Category I Landscape Screen consists of plants with a minimum height at planting of two to three feet, reaching a height of eight to ten feet at maturity. The intent is to provide dense landscaping to visually and physically separate uses of different types. Conditional Change of Zoning Traditional Concepts, LLC requests that the 8.2 acres of the site that will no longer be subject to the Use Permit be rezoned from R-15 Residential to Conditional R-10 Residential. Site Layout o o o There are 14 lots shown on the proffered plan. One of those lots (numbered 13 on the plan) is for the existing house on the parcel, which will remain. By-right development of the site under the existing zoning of R-15 Residential District would yield 12 lots (including the existing house). The applicant has designed a subdivision that strives to be compatible to the adjacent residential subdivisions to the southeast and northwest with regard to lot area and lot width. Three of the five lots on the northwest side of the site, adjacent to the Hillcrest Meadows subdivision (zoned R-15 Residential) are 15,000 square feet or greater. The other two lots (numbered 1 and 2) are within 300 square feet of 15,000. Additionally, all five of the lots meet the minimum required lot width for the R-15 Residential District. o o On the opposite side of the site, adjacent to the southwestern lot line, is the Indian River Meadows residential subdivision, which is zoned R-10 Residential. The proposed lots (numbered 10 through 14) adjacent to that subdivision exceed 16,460 square feet of lot area. These five lots have lot widths of 80 feet to 100 feet. Such width meets the required minimum lot width of 80 feet for the R-10 Residential District and is consistent with the widths of the adjacent lots in Indian River Meadows. The differences in the size and configuration of the lots as proposed results in a subdivision where 11 of the 14 lots are 15,000 square feet or greater (highlighted in blue in the table to the right), but 8 of the 14 lots (shaded in yellow/orange in the table) have lot widths between 80 feet (the minimum for R-10) and 100 feet (the minimum for Lot Number Lot Width (in feet) Lot Area (in square feet) 1 119.88 14,706 2 111.50 14,740 3 100.00 15,000 4 100.00 15,000 5 100.00 15,000 6 84.00 22,384 7 87.00 34,880 8 92.00 19,571 9 80.00 14,018 10 83.00 16,512 11 81.40 16,460 12 82.47 16,625 13 * 100.00 18,526 14 80.00 17,067 * Lot being established for the existing house. Page 3
R-15). o The dwelling unit density for the proposed project is 1.8 units per acre, which is the lowest in the surrounding area. Dwelling unit density of neighborhoods in the surrounding area are as follows: 3.60 du/acre in Indian River Meadows, 2.25 du/acre in Hillcrest Farms, and 1.97 du/acre in Hillcrest Meadows. Dwellings o o o The proffered plan shows four house designs. Three of the houses are two-story and the other is one-andone-half-story. The overall architectural style of the houses is traditional suburban with various elements of cottage, vernacular, French chateau, and colonial styles. Each of the two-story houses will contain a minimum of 2,400 square feet of living area and no less than a two-car garage. Houses less than two-stories will contain a minimum of 2,200 square feet of living area and no less than a two-car garage. The primary exterior building materials will consist of a combination of architectural shingles, Hardieplank siding, stone, brick, premium vinyl siding, fiber-cement siding, and/or wood. 1 4 2 5 3 Zoning History # Request 1 REZ (R-15 to Conditional R-10) Denied 05/27/2014 2 CRZ (R-15 to Conditional R-10) Approved 05/27/2008 3 CUP (Religious Facility Church with Childcare) Approved 12/08/98 4 MOD (Modification of Conditions addition of SF dwelling on site) Approved 08/12/2008 CUP (Religious Facility Church) Approved 12/08/1998 5 REZ (R-15 to R-15 [Open Space Promotion]) Approved 12/12/88 CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Comprehensive Plan Recommendations This property is located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses (pp. 3-1, 3-2, Policy Document, 2009 Plan). Page 4
Natural and Cultural Resources Impacts The site is adjacent to Gum Swamp, which is associated with the North Landing River and is part of the Southern Watershed. The applicant has delineated on the submitted plan the extent of the Southern Watershed Management Area. The rear portions of Proposed Lots 7 and 8 are impacted by the Special Flood Hazard Area (SFHA) as defined in Section 1.3 of the Floodplain Ordinance (Appendix K of the City Code). Moreover, the impacted areas are Floodplain Subject to Special Restrictions. As a result, per Section 200(c), the impacted areas of the two proposed lots cannot be included in determining minimum lot area requirements. The applicant, therefore, did not include those areas, and the size of each lot as shown on the proffered site plan reflects this. Gum Swamp is part of the Stumpy Lake / North Landing River Greenway. The greenway corridor begins at Stumpy Lake and follows Indian River Road to the North Landing River and Back Bay. Planning efforts for the Greenway include opportunities to connect this greenway with Chesapeake and North Carolina trail systems as well as a larger regional trail system known as the East Coast Greenway. The East Coast Greenway is planned as a long-distance family friendly bike trail from Maine to Florida. The site is located within the Stumpy Lake Dam Inundation Zone (see page 13 for a map showing this zone). The Dam Safety Act (Chapter 6, Article 2 of the Virginia Code) provides regulations pertaining to dams and impoundment structures. Specifically, Section 10.1-606.3 states the following with regard to development proposed within any dam inundation zone: If the Department [of Conservation and Recreation] determines that the plan of development would change the spillway design flood standards of the impounding structure, the locality shall not permit development as defined in 15.2-2201 or redevelopment in the dam break inundation zone unless the developer or subdivider agrees to alter the plan of development so that it does not alter the spillway design flood standard required of the impounding structure or he contributes payment to the necessary upgrades to the affected impounding structure pursuant to 15.2-2243.1. The City s Department of Public Utilities is the owner of the Stumpy Lake Dam. Among the responsibilities of the owner of a dam or impoundment are the mapping of a dam break inundation zone for each dam, and the submittal of a request to DCR that it make a determination of the potential impacts of any proposed development within the zone on the spillway design flood standards required of the dam within the zone. In February, Public Utilities requested such a determination from DCR. Based on DCR s review of the residential subdivision proposed by the applicant, in conjunction with other developments also proposed in the zone, DCR determined that the analyzed developments may proceed without the need to upgrade the dam spillway. There are, however, critical ground elevation levels related to that study, and the proposed developments must not be constructed below those levels; otherwise, the analysis becomes invalid. The applicant is aware of the requirements and is working with the City to incorporate into the development site plan the construction measures that will be necessary to meet those requirements. Page 5
Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 7,863 ADT 1 1 Average Daily Trips 2 as defined by one SF dwelling (10 ADT) and 300- seat church (99 ADT Weekday / 396 ADT on Sunday) 13,600 ADT 1 (LOS 4 C ) 16,200 ADT 1 (LOS 4 E ) 3 as defined by 14 SF dwellings (140 ADT) and 300-seat church (99 ADT Weekday / 396 ADT on Sunday) Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Existing Land Use 2 109 ADT Sunday - 406 ADT Proposed Land Use 3-243 ADT Sunday - 536 ADT 4 LOS = Level of Service Indian River Road at this location is designated as a two-lane undivided minor suburban arterial. The Primary Roadway Network Plan Map, a component of the 2016 Comprehensive Plan, recommends this portion of Indian River Road be improved to a Minor Arterial up to four lanes. The Primary Roadway Network Plan Map also shows the alignment for the proposed Southeastern Parkway and Greenbelt (SEPG) passing through this area, including an interchange with Indian River Road. The current alignment for the SEPG was established in 2005 as part of the preparation of the Environmental Impact Statement (EIS). That alignment is located within the southern 300 feet of the subject site (approximately 2.23 acres). The applicant worked with staff during the subsequent months after submittal of the applications and designed three scenarios of how the site might be developed that would be fair to the applicant and provide the City with the area of the site identified as the alignment for the SEPG. Simultaneous with the conclusion of that work, the City Council was provided a briefing on the results of a traffic modeling study for the SEPG. The study results indicated that the southern portion of the SEPG, including the section south of the Indian River Road interchange, would provide limited benefit to the overall transportation system. Based on this new information, and internal discussion among City teams and leadership, the conclusion was reached that the City not purchase the rear of the subject site; therefore, the applicant was informed that the rear of the site could be used for development. Public Utility Impacts Water & Sewer Water and sewer is available to the site. There is a 10-inch water and a 10-inch sewer line located within the Indian River Road right-of-way. There are two existing pairs of water meters and sewer line lateral cleanouts located on the subject site. Page 6
School Impacts School Current Enrollment Capacity Generation 1 / Change 2 (September 2015) New Castle Elementary 763 824 The proposed change of the zoning district Landstown Middle 1,464 1,634 from R-15 Residential to R-10 Residential results in no difference between the Landstown High 2,208 2,385 number of students generated by new houses developed with either zoning district category. 1 Generation represents the number of students that the development will add to the school. 2 change represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Evaluation and Recommendation The applicant has designed a subdivision that strives to be, and Staff finds is, compatible to the adjacent residential subdivisions to the southeast and northwest. This compatibility is achieved through the use of lot size and lot width that is similar to the size and width of the lots in each adjacent subdivision. On the northwest side of the site, there are five lots adjacent to the Hillcrest Meadows subdivision. Hillcrest Meadows is zoned R-15 Residential, which has a minimum lot area requirement of 15,000 square feet and a minimum required lot width of 100 feet. Of those five adjacent lots, three are 15,000 square feet or greater and the other two lots are within 300 square feet of 15,000. Additionally, all five of the lots meet the minimum required lot width for the R-15 Residential District. On the southeast side of the site, there are five lots (and a small portion of a sixth) adjacent to the Indian River Meadows subdivision. Indian River Meadows is zoned R-10 Residential, which has a minimum lot area requirement of 10,000 square feet and a minimum required lot width of 80 feet. The five adjacent lots range in size from 16,460 square feet to 18,526 square feet, exceeding the minimum lot areas for both the R-15 and R-10 Districts, as well as the size of the adjacent lots in Indian River Meadows. Additionally, the five lots are shown with widths of 80 feet to 100 feet. Such width meets the required minimum lot width of 80 feet for the R-10 Residential District and is consistent with the widths of the adjacent lots in Indian River Meadows. Finally, the applicant s proposed development ensures compatibility with the adjacent communities through the use of architectural styles and building materials that are consistent with the houses in those communities. Based on the above, and Staff s finding that the proposed development is consistent with the recommendations of the Comprehensive Plan for the Suburban Area, approval of the Conditional Change of Zoning and the Conditional Use Permit is recommended with the conditions and proffers below. Page 7
Recommended Conditions 1. All conditions of the 1998 Conditional Use Permit as well as the conditions of the 2008 Modification are null and void. 2. Development of the church site shall be substantially as shown on the Preliminary Subdivision Plan entitled ENCLAVE AT VICTORY, sheet C-2, dated 01/15/16, prepared by Pinnacle Group Engineering, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Preliminary Subdivision Plan"). 3. As provided for by Section 221(i) of the Zoning Ordinance, finding that good cause has been demonstrated and there will be no significant detrimental effects on surrounding properties, a deviation from the three-acre minimum lot area for a religious facility, as provided for in Section 240.1 of the Zoning Ordinance, shall be permitted. Said deviation shall be for a reduction of the minimum lot area to 1.7 acres. 4. As provided for by Section 221(i) of the Zoning Ordinance, finding that good cause has been demonstrated and there will be no significant detrimental effects on surrounding properties, a deviation from the 30-foot minimum required side yard setback adjacent to a street, as required for uses other than dwellings in the R-15 Residential District shall be permitted. Said deviation shall be for a reduction of said setback to 22.8 feet. 5. Any trash dumpster on the site shall be enclosed by a solid brick wall (brick substantially matching the existing brick on the building) or a vinyl fence of six feet in height. No dumpster shall be located within 40 feet of the Lot 14 on the plan identified in Condition 2. 6. A Category 1 Landscape Screen shall be installed along the lot line of the lot numbered 14 on the plan identified in Condition 2. Proffers of Zoning Change 1. When the property is developed, it shall be as a single family subdivision with no more than fourteen (14) single family residential lots, substantially in accordance with the Preliminary Subdivision Plan designated "ENCLAVE AT VICTORY'', sheet C-2 dated 01/15/16, prepared by Pinnacle Group Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Preliminary Subdivision Plan"). 2. The total number of residential lots permitted on the Property shall not exceed fourteen (14) including Lot 13 upon which the existing Church parsonage shall remain. Each new two-story home shall contain a minimum of 2,400 square feet of living area and no less than a two (2) car garage. Any one-story ranch home shall contain a minimum of 2,200 square feet of living area and no less than a two (2) car garage. 3. The architectural design of the residential dwellings will be substantially as depicted on the four (4) elevations exhibited on the Preliminary Subdivision Plan. The primary exterior building materials permitted on the new homes shall be limited to some combination of: architectural shingles, hardie plank, stone, brick, premium vinyl siding, fiber cement siding, and/ or wood. 4. 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. Page 8
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 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
Conditions of 1998 Use Permit Conditions of 2008 Modification Page 10
Proffered Site Layout and House Elevations Page 11
Site Layout (with lot sizes and widths) Page 12
Proffered House Elevations Page 13
Stumpy Lake Dam Inundation Zone Page 14
Site Photos Page 15
Disclosure Statement - Rezoning Page 16
Disclosure Statement - Rezoning Page 17
Disclosure Statement - Rezoning Page 18
Disclosure Statement - Rezoning Page 19
Disclosure Statement - Rezoning Page 20
Disclosure Statement - Rezoning Page 21
Disclosure Statement - Rezoning Page 22
Disclosure Statement Use Permit Page 23
Disclosure Statement Use Permit Page 24
Disclosure Statement Use Permit Page 25
Disclosure Statement Use Permit Page 26
Disclosure Statement Use Permit Page 27