Applicant Property Owner, Pamela K. & Steven A. Gray Public Hearing April 13, 2016 City Council Election District Princess Anne Agenda Item 8 Request Modification of Proffers (Modification to the proffer agreement for a change of zoning from AG-1 & 2 to PD-H2 with R-20 overlay approved by City Council on March 3, 2015) Staff Planner Carolyn A.K. Smith Location East side of West Neck Road, across from the Villages at West Neck GPINs 14939696750000; 24030564720000; 14939591890000; 14939663860000; 24030487400000 Site Size 158.03 acres AICUZ Less than 65 db DNL 65-70 db DNL; Sub-Area 2 Existing Land Use and Zoning District Cultivated fields, single-family dwellings / PD-H2 with R-20 overlay Surrounding Land Uses and Zoning Districts North Single family dwellings, woods / AG-1 & AG-2 Agricultural South West Neck Road Cultivated fields, woods, cemetery / AG-1 & AG- 2 Agricultural East Wooded marsh / AG-1 Agricultural West West Neck Road Single-family dwellings, golf course / PD-H1, P-1 Preservation, Conditional R-20 Residential Page 1
Background and Summary of Proposal The purpose of this request is to adjust the minimum front yard setbacks as set forth in the Land Use Plan (Proffer #9) of the 2015 rezoning approval. This request includes a reduction in the front yard setbacks of all single-family dwellings and garages for each of the five neighborhoods. These reductions are a result of discussions that the applicant has had with home builders who are considering constructing dwellings on the lots in this new subdivision. This reduction will allow for a larger home footprint. The minimum front yard setbacks for four of the neighborhoods is proposed to be changed from 30 feet to 25 feet, with an additional 10-foot setback for front-loading garages; and, in the fifth neighborhood (West Neck Village), it is proposed that the front yard setback to modified from 50 to 30 feet, with the same additional 10- foot setback for any front-loading garages. 3 5 4 2 1 6 Zoning History # Request 1 CRZ (AG1 & AG-2 to Conditional PD-H2 with R-20 overlay) Approved 03/03/2015 2 CUP (Assembly Use) Approved 02/12/2013 3 CUP (Private Sewage Treatment Facility) Approved 05/24/2011 REZ (Conditional R-10 to AG-1) Approved 06/08/2010 REZ (AG-1 & AG-2 to Conditional R-10) Approved 08/24/04 4 CUP (Housing for Seniors & Disabled Persons) Approved 09/14/2004 5 REZ (AG-2 to PD-H1 & P-1) Approved 05/11/1999 6 CUP (Outdoor Recreation Facility Golf Course) Approved 07/08/1997 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 The Comprehensive Plan designates this property as being within the Transition Area. The Transition Area serves as a unique land use buffer between the low-density Rural Area from the more densely developed Suburban Area. Within the Transition Area, the Plan calls for development patterns that promote open space, low per acre density and preservation of natural features. Discretionary development proposals within the Transition Area, according to the Plan, should be well-planned, cluster residential development at densities no more than one dwelling unit per acre. New development should incorporate the specific planning and design principles established in the Transition Area Design Guidelines as well as adhere to the provisions of the Oceana Land Use Conformity and AICUZ programs. Page 2
Natural and Cultural Resources Impacts The site is within the Southern Watersheds Management Area (SWMA) and has Special Flood Hazard Area and jurisdictional wetland impacts. No encroachment into the SWMA 50-foot buffer is permitted without a variance. All land within the 50-foot buffer is proposed to be managed by the property owners association as common open space. A small portion of the Special Flood Hazard Area is proposed to be re-graded for the open space amenities and filled in order to construct a portion of the roadway. In terms of jurisdictional wetlands, the United States Army Corps of Engineers has approved the delineation but has not yet issued a permit for the proposed impacts. These are wetlands that are regulated by State and Federal agencies. The applicant s engineer has informed Staff that a permit will be sought once final engineering plans are prepared and the exact impacts to wetlands are determined. Approval by the City does not relieve the property owner of responsibility of meeting all State and Federal regulations. East of the subject property is the West Neck Creek Natural Area. As a valuable aesthetic resource, the West Neck Creek Natural Area offers opportunity for passive recreational uses, such as hiking, fishing, bird watching, nature observation and photography. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 13,600 West Neck Road 4,000 ADT 1 ADT 1 (LOS 4 C ) Existing Land Use 2 1,546 ADT 15,000 ADT 1 (LOS 4 D ) Proposed Land Use 3 1,546 ADT 1 Average Daily Trips 2 as defined by rezoning to PD-H2 with R-20 overlay in 2015 3 no change in number of units or type of units, so no change in ADT anticipated for 2015 rezoning 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) West Neck Road is a two-lane road transitioning from a suburban minor arterial to a rural road; planning documents and past CIPs have called for its reconstruction as a suburban minor arterial with a modified alignment to reduce the horizontal curvature and increase safety. Public Works/Traffic Engineering Staff has waived a traffic impact study for this application as the proffer agreement includes left-turn lanes at both entrances and a right-turn lane at the southern entrance. Public Utility Impacts Water This site has several existing water meters that may be used or upgraded to accommodate the proposed development. All proposed lots within the subdivision must connect to City water. A hydraulic analysis is required to ensure potential water demand can be met. There is an existing 12-inch City water main along West Neck Road. Sewer Two homes on this property are currently utilizing a private force main. All proposed lots within the subdivision must connect to City sanitary sewer. Analysis of Pump Station #636 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. There is an existing six-inch and ten-inch City sanitary sewer force main along Nimmo Road and an existing 16-inch City sanitary sewer gravity main along West Neck Road. Water and sanitary sewer service must be verified and improved if necessary so that the new buildings will have adequate water pressure, fire protection and sanitary sewer service. Page 3
School Impacts No impact to the number of students anticipated to attend the Virginia Beach City Public Schools with this modification of proffers request. Evaluation and Recommendation In Staff s opinion, the request to modify the front yard setbacks in the approved Land Use Plan (Proffer 9) to reflect the anticipated market for the new dwellings throughout the development will have no bearing on the overall quality of the project. The request does not impact the amount of open space or density proposed, it simply allows for slightly larger dwelling footprints. Staff recommends approval of the modification subject to the proffer below. Proposed Proffer Modification Proffer 1: Proffer numbered 9 as contained in the 2014 Proffers is hereby deleted and replaced with the following amended Proffer number 9: 9. The dimensional and setback requirements applicable for each identified neighborhood in King s Landing shall be as follows: A. West Neck Park (i) minimum lot width 100 feet (ii) minimum lot area 12,000 square feet (iii) minimum front yard setback 30 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 40 feet 25 feet (vi) minimum rear yard setback (vii) maximum building height 42 feet (viii) maximum lot coverage 35% B. The Meadow View (i) minimum lot width 80 feet (ii) minimum lot area 10,000 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet Page 4
(vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height 42 feet (ix) maximum lot coverage 40% C. The Central Park (i) minimum lot width 80 feet (ii) minimum lot area 9,600 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height 42 feet (ix) maximum lot coverage 40% D. The Park Side (i) minimum lot width 80 feet (ii) minimum lot area 8,000 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height 42 feet (ix) maximum lot coverage 40% E. The Creek Side (i) minimum lot width 80 feet Page 5
(ii) minimum lot area 8,600 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (vi) minimum rear yard setback 10 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 40% An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet (5 ) from a rear property line and/or a side property line not adjacent. All fences approved by the Architectural Review Committee must be open style (i.e. not solid), no greater than fifty percent (50%) opaque and not greater than five feet (5 ) in height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches (18 ) in height may be approved. Proffer 2: With the exception of Proffer numbered 9 as hereby amended, all of the proffered covenants, restrictions and conditions set forth in the 2014 Proffers are unchanged, ratified and affirmed. Existing Proffers 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 one hundred fifty-three (153) building lots substantially in conformance with the exhibit entitled CONCEPTUAL LAYOUT PLAN OF KING S LANDING WEST NECK ROAD VIRGINIA BEACH, VIRGINIA, dated 04/28/14, prepared by Richard Browner and 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 subdivided for development, the Grantor shall dedicate to the Grantee approximately seven and one-half (7.5±) acres of West Neck Road right of way along the Property s frontage, substantially as depicted on the Land Use Plan. The Grantor will also construct the multipurpose trail within the dedicated West Neck Road right of way substantially as depicted on the Land Use Plan. Proffer 3: When the Property is subdivided for development, a one hundred fifty foot (150 ) wide TRANSITION AREA BUFFER EASEMENT shall be dedicated to the Grantee substantially as depicted on the Land Use Plan. When the Property is developed, the Transition Area Buffer shall be improved by the Grantor with ponds, berms and landscaping substantially as depicted on the Land Use Plan. Proffer 4: When the Property is subdivided for development, approximately 90.86 acres of active open space, passive forested open space, Transition Area Buffer and ponds as depicted on the Land Use Plan shall be zoned P-1 Preservation District. All of the Open Space areas including the 150 TRANSITION AREA BUFFER EASEMENT shall be conveyed to and maintained by the Property Owners Association. Page 6
Proffer 5: The community entrance and the proposed street sections of the roads within the community shall be constructed and installed substantially in conformance with the plans depicted on the Land Use Plan. When the Property is subdivided, the necessary right-of-way improvements and turn lanes from West Neck Road at the entrances from Wet Neck Road as depicted on the Land Use Plan shall be constructed by the Grantor. Proffer 6: When the Property is subdivided, the residential building lots shall range in size from 56,000 square feet to 8,000 square feet as depicted and described on the Land Use Plan 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 by all lot owners is mandatory. The Property Owners Association shall be responsible for maintaining the 150 Transition Area Buffer, all open space areas, common areas, trails, easements and entrance features. The Deed Restrictions shall prohibit the operation of motorcycles or all-terrain vehicles ( ATVs ) within the open space areas. All structures, including fences on lots within King s Landing must be approved by the Architectural Review Committee of the Property Owners Association. Proffer 7: A plan for improvements to the three (3) areas designated on the Land Use Plan as Neighborhood Park, 300 x 300 multipurpose field and 100 x 100 multipurpose field, including tot lot and gazebo, along with 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. No multipurpose fields, park areas or open space areas shall be lighted for active recreation at night. Proffer 8: The single family residential lots depicted on the Land Use Plan will be divided into five (5) sections or neighborhoods within King s Landing as identified on the Exhibit entitled Neighborhood Identification Plan of King s Landing dated 9/16/14, 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. Proffer 9: The dimensional and setback requirements applicable for each identified neighborhood in King s Landing shall be as follows: A. West Neck Park (i) minimum lot width 100 feet (ii) minimum lot area 12,000 square feet (iii) minimum front yard setback 50 feet 25 feet (vi) minimum rear yard setback (vii) maximum building height 42 feet (viii) maximum lot coverage 35% B. The Meadow View (i) minimum lot width 80 feet (ii) minimum lot area 10,000 square feet (iii) minimum front yard setback 30 feet Page 7
(vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height 42 feet (ix) maximum lot coverage 40% C. The Central Park (i) minimum lot width 80 feet (ii) minimum lot area 9,600 square feet (iii) minimum front yard setback 30 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height 42 feet (ix) maximum lot coverage 40% D. The Park Side (i) minimum lot width 80 feet (ii) minimum lot area 8,000 square feet (iii) minimum front yard setback 30 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot (viii) maximum building height 42 feet (ix) maximum lot coverage 40% E. The Creek Side (i) minimum lot width 80 feet (ii) minimum lot area 8,600 square feet (iii) minimum front yard setback 30 feet (vi) minimum rear yard setback 10 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 40% Page 8
An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet (5 ) from a rear property line and/or a side property line not adjacent. All fences approved by the Architectural Review Committee must be open style (i.e. not solid), no greater than fifty percent (50%) opaque and not greater than five feet (5 ) in height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches (18 ) in height may be approved. Proffer 10: All residential dwellings constructed in the West Neck Park and Meadow View Park neighborhoods shall contain no less than 2400 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2600 square feet of enclosed living area, excluding garage area, for a multistory dwelling. Proffer 11: All residential dwellings constructed in the Central Park, Park Side and Creek Side neighborhoods shall contain no less than 1800 square feet of enclosed living area, excluding garage area, for a one-story dwelling and no less than 2400 square feet of enclosed living area, excluding garage area, for a multistory dwelling. Proffer 12: All residential dwellings in King s Landing shall have no less than a two (2) car garage and shall be constructed with exterior surfaces, excluding roofs, windows, doors, soffits, trim and porches, of brick, stone, cement fiber (Hardie Plank), stucco, cedar shake or comparable high quality material. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted on the prints labeled TYPICAL EXTERIOR ARCHITECTURAL QUALITY HOMES IN KING S LANDING, dated September 29, 2014 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ( Architectural Exhibit ). Proffer 13: 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 PDH-2, R-20 and P-1 Zoning Districts 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. 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
2015 Approved Site Layout Page 10
Proposed Neighborhood Identification Key Page 11
Site Photos Page 12
Disclosure Statement Page 13
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