21 July 13, 2011 Public Hearing APPLICANT / PROPERTY OWNER: TERRY PETERSON DEVELOPMENT ONE, L.L.C.

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1 21 July 13, 2011 Public Hearing APPLICANT / PROPERTY OWNER: TERRY PETERSON DEVELOPMENT ONE, L.L.C. STAFF PLANNER: Carolyn A.K. Smith REQUESTS: Conditional Change of Zoning (R-15 to Conditional PD-H2 with A-12 Overlay) ADDRESS / DESCRIPTION: Portion of Parcel B-1-A, acres east of existing community of North Shore at Ridgely Manor, east side of Knights Bridge Lane GPIN: (portion of) ELECTION DISTRICT: BAYSIDE SITE SIZE: acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The subject property is part of the original Brock Farm that was rezoned in the 1970s from agricultural to residential. In 2004, much of the Brock Farm was again considered for a change of zoning. The 2004 rezoning resulted in a mix of multi-family and single-family dwellings on the north side of Wesleyan Drive along a proposed new right-of-way now named Ridgely Manor Boulevard. This rezoning request was approved with an overall density of 8.22 units to the acre. The northern 102 acres of the farm, where the current proposed development under consideration will be carved out, was not part of that application. The current rezoning application on R-15 property consists of acres proposed as Conditional A-12 with a PD-H2 overlay with 166 single family dwellings in a condominium form of ownership. The total proposed unit count of 166 results in a density of 4.92 units to the acre. This figure does not take into account approximately 0.50 acre of dedicated right-of-way which slightly decreases the density figure. These proposed single family dwellings will have mandatory membership in a condominium association ensuring shared maintenance and use of all streets, amenities and open space opportunities. Vehicular traffic from this site will exit the Ridgely Manor development at Wesleyan Drive via a signalized Page 1

2 intersection with Ridgely Manor Boulevard. Traffic will reach Wesleyan Drive via Lambeth Lane, Finchley Lane, Knights Bridge Lane, and Ridgely Manor Boulevard. In 2005 under the existing zoning of R-15 Residential District, a preliminary subdivision plat of the entire North Shore at Ridgely Manor community, which included the acres under consideration for a rezoning, was approved by the Planning Department/Development Services Center depicting 179 single family lots. The acres yielded a total of 69 lots as a matter of right under the R-15 zoning district. The final plat for this section of the neighborhood was never recorded with the Clerk of Circuit Court. The proffered plan sheets reflect the proposed layout of the neighborhood, a typical street section, the proposed typical exterior elevations of the dwellings, the locations of the pedestrian sidewalks and walkways, the details of the open space amenities, and the proposed street tree and screening plant material installation. The proffered cover sheet to these plans is a photographic representation of the anticipated character of the development in terms of architectural details, place-making elements, quality open space, pedestrian connectivity, etc. (Note that sheet 2 of 5 has been withdrawn and, as such, is not identified in the proffer agreement nor are its depictions discussed within this report. Two supplemental sheets addressing screening proposed on the east side of the existing stormwater management plan have been added to the proffer agreement, identified in the proffers as sheets 1 and 2 of 2, Landscape Screening Supplement Exhibit, and are included at the end of this report.) The elevations are proffered with high quality exterior building materials including: brick, stone, cement based fiber board, wood, wood composite siding and wood substitute cellular PVC siding. Vinyl and aluminum siding are specifically prohibited for use as primary exterior materials. The maximum height is proposed as 42 feet. As required by the Zoning Ordinance, a minimum of 15% of the total acreage of a PD-H development must be set aside as open space. For the condominium community proposed with 166 units, this translates into 5.05 acres. The proffered Community Greenspace Plan depicts 8.62 acres of total open space located throughout the condominium community. As Lake Smith serves as part of the City of Norfolk s reservoir system, the 10 foot strip around the lake, owned by the City of Norfolk, must remain in a natural state to aid with erosion control and stormwater filtration. Removal of trees of any size, understory or other material from this 10 foot strip requires a permit from the City of Norfolk. In an effort to maintain the natural 10 foot buffer, the applicant has indicated that the condominium documents will prohibit individual piers and hardening of the shoreline by individuals. Motorized boats with less than 12 horsepower, non-motorized boats, canoes and kayaks are all allowed within the lake, sailboats, houseboats, inflatables, and personal water craft (i.e. jet skis) are not. One community pier, an observation deck and a canoe launch are proposed amenities along the lakefront of the condominium community. No boats are proposed to moor off the pier as it is intended for observation and fishing only. All encroachments into the 10 foot strip and into the lake itself will also require review and approval from the City of Norfolk. Details of the proposed development are summarized below. Condominium Community to be known as Waterview at Ridgely Manor acres 166 single family dwellings proposed (as currently zoned, 69 R-15 lots possible) 4.92 units/acre Page 2

3 Condominium form of ownership with mandatory membership 8.62 acres of open space Passive parks: village green, gazebo, knot garden, mall, pocket park, play area, lakeside park, natural area Pool and fitness center Canoe launch Pier Observation deck Rail and picket fence, varied height, along southern property line and natural area Lakeside drive, reminiscent of The Hague or Colonial Heights in Norfolk Vertical elements (flagpole, entry feature to be determined) Neo-traditional elements (use of alleys, well connected streets, pedestrian friendly scale, public commons, vista terminations) Mix of single family dwelling sizes and design styles (Coastal, Porch, Court, Manor and Village homes) The submitted Land Use Plan indicates the following setbacks: Distance From Adjacent Building: 10 feet Front Setback To Street: 8 feet Rear Setback To Access Lane: 8 feet Side Setback To Street: 8 feet Setback From Perimeter Property Line: 10 feet All setbacks requirements will be measured from the structural foundation of the unit to the back of curb and shall not include patios, porches, decks, stoops, chimneys, bay windows, eves, mechanical equipment, community piers or stairs. In no case shall any of these structural elements attached to a residential structure be located closer than 5 feet to any perimeter property line or adjacent unit. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Vacant property formerly agricultural fields, some wooded areas SURROUNDING LAND USE AND ZONING: North: Lake Smith South: Single family dwellings / R-15 Residential District, PD-H2 with R-5D Overlay East: Lake Smith Single family dwellings / R-20 Residential District, PD-H2 with R-5D Overlay West: Lake Smith Stormwater management facility (lake) Single family dwellings / R-15 Residential District, PD-H2 with R-5D Overlay Page 3

4 NATURAL RESOURCE AND CULTURAL FEATURES: The site is located with the Chesapeake Bay watershed. The properties are on the edge of Lake Smith, a freshwater lake that serves as part of the City of Norfolk s reservoir system. As Lake Smith is not a tidal water body nor is it connected to a tidal system via nontidal wetlands, it is identified as Resource Management Area, the less stringently regulated portion of the Chesapeake Bay Preservation Area. There are no special water quality measures or setbacks required by City of Virginia Beach ordinances for development along the lake. The City of Norfolk, who owns the lake, requires a 10 foot setback around the entire lake. This 10 foot, wooded strip must remain in a natural state to aid with erosion control and stormwater filtration. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires that all development either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, and improved mobility. Several key points that are applicable to this application are highlighted below: All new uses are to be compatible in type, size, and intensity to the existing area. The Plan s Housing and Neighborhood policies promote diversity in type, value and design of housing and neighborhoods to help the City meet its goals for a quality physical environment, family and youth opportunities, and economic vitality. The Environmental Stewardship chapter recognizes the need to maintain high water quality for both the supply and watersheds for the City s drinking water reservoirs. These include Lake Lawson, Lake Smith, Little Creek Reservoir and Stumpy Lake. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Wesleyan Drive in the vicinity of this application is considered a 4-lane divided minor urban arterial. The MTP proposes a facility within a 125 foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level Of Service D. Ridgely Manor Boulevard, Knights Bridge Lane, Lambeth Lane, and Finchley Lane in the vicinity of this application are considered 2-lane collector/local streets. These streets are not included in the MTP nor are any roadway CIP projects slated for these rights-of-way. Page 4

5 TRAFFIC: Street Name Wesleyan Drive Ridgely Manor Boulevard Knights Bridge Lane Lambeth Lane Finchley Lane Present Volume 16,682 ADT 1 No Volume Data Available For These Roadways Present Capacity 14,800 ADT 1 (Level of Service C ) - 27,400 ADT 1 (Level of Service E ) 6,200 ADT 1 (Level of Service C) - 11,100 ADT 1 (Level of Service E ) Generated Traffic Existing North Shore, Proposed Community: Existing Land Use 2 1,713 ADT Proposed Land Use 3 2,641 ADT Property In Question: Existing Land Use ADT Proposed Land Use 5 1,589 ADT 1 Average Daily Trips 2 as defined by 179 single family dwellings of 102 acres of R-15 3 as defined by 279 single family dwellings (all communities at build out) 4 as defined by approximately acres of R-15 zoned property, 69 single family dwellings 5 as defined by 166 single family dwellings as proposed by the rezoning request WATER: These sites must connect to City water. There are several existing 8 inch City water mains along Knights Bridge, Lambeth and Finchley Lanes and Ridgely Manor Boulevard. SEWER: These sites must connect to City sanitary sewer. Analysis of Pump Station #367 and the sanitary sewer collection system is required to determine and ensure that the future flows can be accommodated. Construction bonds and plans will be required. There are several existing 8 inch sanitary sewer mains along Knights Bridge, Lambeth and Finchley Lanes. There is an existing out of service 8 inch City gravity sanitary sewer main along Knights Bridge Lane between Finchley Lane and Ridgely Manor Boulevard. There is an existing 6 inch City force main from Pump Station #367 that runs through Knights Bridge, Lambeth and Finchley Lanes and Ridgely Manor Boulevard. 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 based on original plan of 235 new single family dwellings 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 5

6 EVALUATION AND RECOMMENDATION The proffered plan reflects a high quality, well thought out community to be known as Waterview at Ridgely Manor. The information contained within the plan is detailed and comprehensive in an effort to provide residents, decision makers and review staff with a very high level of predictability of not only the conceptual vision for the proposal but also information on the details that will ultimately contribute to a high quality of life for its residents. The applicant has worked diligently with Staff over several months to ensure the applicant s vision does indeed mesh with adopted City plans, ordinances and sound planning practices. The details of this effort are reflected on the proffered sheets which are included at the end of this report. The Cover Sheet, as identified in the proffers, is a photographic representation of the anticipated character of the development in terms of architectural detail, place-making elements, quality open space, pedestrian connectivity, etc., for the community. Sheet 1 of 5 depicts the proposed layout of the condominium community to be known as Waterview at Ridgely Manor, providing certainty of the location of key elements within the neighborhood such as: private streets and alleys, open space and pedestrian ways, vertical/place-making elements, recreation amenities, etc. Sheet 2 of 5 depicts a withdrawal of the once proposed rezoning of The Pointe and is no longer under consideration with this request and is not included in the proffer agreement. It is the applicant s intent to develop that parcel under the existing R-15 zoning. Sheet 3 of 5 provides depictions of the exterior elevations of the 5 single family unit types proposed within the neighborhood. These elevations utilize a mix of bungalow and cottage elements such as alley/rear loaded, useable front porches, horizontal siding, dormers and so forth. Sheet 4 of 4 depicts 2 plans: The Walkways and Street Tree Plan and the Community Greenspace Plan. Specially, this sheet imparts details of the street tree layout, the location of sidewalks along the major arterials, and the proposed extension and connection to the existing walkway around the large stormwater management facility. The large facility and surrounding trails will provide visual and practical open space to all of the neighborhoods in the community. Sheet 5 of 5 provides a glimpse of the detailed and quality landscape design and plant material intended to be installed throughout the community including: the main entry into the Waterview at Ridgely Manor condominium community; and, amenities such as: the pocket park and mail kiosk, Gazebo Point, the Village Green and Knot Garden, the Mall, a play area, the pool and fitness center, and the canoe launch. The City of Virginia Beach Comprehensive Plan calls for all new uses in the Suburban Area to be compatible in terms of type, size, and intensity with the uses in the surrounding area. The Comprehensive Plan uses the term compatible as occurring without conflict. In terms of land use, the proposed residential uses are indeed compatible with surrounding uses as residential dwellings are proposed adjacent to existing residential dwellings. Heading north along Ridgely Manor Boulevard, residential developments of varying densities exist. Immediately adjacent to the northernmost section of Ridgely Manor, the North Shore neighborhood which consists of R-15 solely, is adjacent to condominiums of both multifamily units and single family units. This mix of unit types and sizes has brought up a debate about comparability. It is important to note the distinction between compatible and comparable. In real estate terms, comparable is typically associated with being similar - entirely different than compatible. While the proposed single family dwellings of the Waterview condominium community are not comparable in terms of size to the existing R-15 dwellings of North Shore, they certainly are compatible, which is what the Comprehensive Plan calls for. Page 6

7 The Comprehensive Plan s Housing and Neighborhood policies promote diversity in type, value and design of housing and neighborhoods to aid the City in meeting its goals for: quality physical environment, plentiful family and youth opportunities, and economic vitality. Consistent with the Comprehensive Plan, neo-traditional design promotes diversity of unit types and sizes. Recognizing that this new condominium section of Ridgely Manor will not be a true neo-traditional development, the project does possess several desirable neo-traditional elements throughout including: a mix of unit sizes, alleys, well connected streets, pedestrian friendly scale, public commons, and vista terminations. Early on, Staff recommended against a mix of unit types (duplexes, townhouses, quads) in this portion of Ridgely Manor as varying unit types exist in the neighborhoods to the south; however, Staff does support the mix of single family dwelling sizes within this community in order to further the goals of the Comprehensive Plan. Staff also recommended to the applicant to take advantage of the tremendous asset of Lake Smith by creating a layout that provides as many residents as possible enjoyment and the visual benefit of the water. The result is a layout where the units face rather than turn their back to the lake. A picturesque roadway, reminiscent of the desirable Norfolk waterfront neighborhoods of the Hague and Colonial Place, is proposed along much of the lake and the stormwater management pond that serves as a visual amenity. The Suburban Area Design Guidelines in the Comprehensive Plan Reference Document include several design criteria that have been incorporated into this proposal: the use of vertical elements (flagpole, entry features) to create a sense of place; distinct and clearly separated vehicular and pedestrian accesses; pedestrian pathways within landscaped or natural areas; high quality landscape and plant material package; open spaces that promote a sense of place or human scale; open space areas strategically located; high quality architecture with attention to proportion of scale, mass and height; building colors to complement the surrounding environment; and, high quality and attractive building materials that reflect the character of the area. Staff s position is that there are a few critical elements that would bring this proposal into full compliance with the Comprehensive Plan: Full connectivity, including vehicular, is critical to integrating developments into the surrounding area. It is recommended that the emergency access at the northern portion of the development be replaced with the original concept as shown on the construction plans of vehicular connectivity. The Comprehensive Plan states that where compatible land uses adjoin one another, access from the internal circulation system to surrounding properties should be provided. Unfortunately, too many examples of adjacent neighborhoods with no connectivity exist. These situations are usually viewed in hindsight as regrettable. The connection at the proposed terminus of Lambeth Lane was established in the construction plans and is not a new concept for this development. At a minimum, structures should not extend beyond top of bank around Lake Smith. The location of the road and small portions of perhaps 3 or 4 homes encroach beyond the top of bank. While there are not specific water quality requirements for the reservoirs, the Plan does call for this consideration. It should be noted that the final conceptual plan does reflect somewhat of a retreat from the top of bank from the original submittal. As a condition of the 2004 rezoning application, a traffic impact assessment (TIA) for Ridgely Manor was prepared by Bryant B. Goodloe, P.C. in The Department of Public Works/Traffic Engineering Staff required that the 2004 TIA be updated to reflect the changes proposed by the applicant with this request. Page 7

8 A revised TIA, dated March 25, 2011, was submitted for review to Traffic Engineering by Bryant B. Goodloe, P.C. Traffic Engineering Staff concurs with the conclusion of the updated 2011 TIA that The improvements made for the original Ridgely Manor and Southmoor Village projects are working very well and will continue to work well with the increased traffic for this change at North Shore. There will not be a need for any additional improvements on either Wesleyan Drive or Ridgely Manor Boulevard. Also, there will not be a need for any improvements at the intersection of Wesleyan Drive, Ridgely Manor Boulevard, and Southmoor Drive. After the revised TIA was completed in March, the applicant modified the scope of the project to include 24 less units. Based on this reduction, the TIA analyses will change to include less future traffic volume and the figures presented in this report reflect a higher volume than anticipated. The additional trips generated by the conditional rezoning should not pose a significant impact to the overall operation of the Ridgely Manor Boulevard/Knights Bridge Lane intersection and the proposed peak hour trips for the entire development will remain well below the capacity of the intersection. The portion of the roadways that will be private will require private refuse removal and private maintenance. This will all be the responsibility of the condominium association which membership will be mandatory. The Department of Public Works/Engineering Staff indicate that a revision to the North Shore at Ridgely Manor stormwater management strategy will be required. As the subdivision layout will change if this proposal is approved and number of units will increase beyond the original design of the stormwater management facilities, the previously developed stormwater management plan must be updated to reflect these changes. During final site plan review, the revised plan must address both water quality and water quantity treatment in accordance with the Public Works Specifications and Standards. The applicant is aware of this requirement and will be investigating the use of low impact development stormwater management strategies such as bioretention to capture and treat stormwater. The details of this strategy will be finalized during the site plan review. The Fire Department noted that one area in the current layout may pose problems for access and maneuverability of fire apparatus. This area within the condominium community is specifically the dead end street near the gazebo, towards the northern end of the project. Also, roads, private or public, that are 26 feet wide or less are restricted from on-street parking. Roads 26 to 32 feet wide may have onstreet parking but only on one side. Further detailed review of these issues and any required pavement markings will be done upon submission of the construction plans and ultimately the plats. Virginia Beach City Public School Staff projects an increase in student generation for the Waterview community, above and beyond what is estimated for an R-15 community of the same size, as 16 students at the elementary school level, 14 students at the middle school level, and 11 students at the high school level for a total change of 41 students. The School Division currently tracks demographic shifts and new housing changes within the City with an annual formal review process to maintain school populations at an acceptable building utilization range of +/- 10% of capacity. All schools that serve the Ridgely Manor communities are currently in an acceptable building utilization range with Bayside High School at 7.9% over capacity, Bayside Middle School at 8.7% below capacity, and Luxford Elementary School at 2.7% below capacity. Student membership is projected to decline at Bayside High School in the next 2 years while membership is projected to increase at Bayside Middle and Luxford Elementary Schools. Both Bayside High and Middle Schools are identified in the School Division s Long Range Facility Master Plan and are recommended for a Phase III prioritization of replacement or modernization. It is the School Division Staff s position that while additional students generated by this proposal will add to operating and capital costs, this addition will not be detrimental to the serving schools. Page 8

9 In sum, other than the desire for full vehicular connectivity, Staff supports the request for a change of zoning. It is Staff s opinion that proposed development is consistent with the Comprehensive Plan s recommendations for this area as outlined above. As is the case today and as was the case in 2004 when the majority of the Brock Farm was rezoned, the market demand for single family residential development has been trending toward smaller houses on smaller lots. Due to the decrease in market demand for large lots and large single family dwellings as well as the City s desire to provide housing of varied lot sizes and home sizes, this request for higher density on these acres is acceptable. Traffic Engineering Staff has indicated that the additional trips generated by the conditional rezoning request should not pose a significant impact to the overall operation of the existing roadways. In addition, it is also Staff s opinion that the proffered conceptual plans and cover sheet are: compatible with the surrounding residential uses; adequately incorporate visual and functional open space; provide a practical pedestrian network; mitigate for slight encroachment over the top of bank and removal of trees; provide significant opportunities for residents to enjoy the manmade and natural passive recreational amenities; supply desirable active recreational amenities; and, incorporate high quality architecture and building materials. Staff recommends approval of this request with the submitted proffers provided 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: Subject to final site plan approval, pedestrian walkways, community open/green space areas, and street trees shall be provided on the Re-Zoning Parcel, once developed, substantially as shown on those exhibits entitled Walkways & Street Trees Plan and Community Greenspace Plan, Waterview at Ridgely Manor, Sheet 4 of 5, and Activity Areas, Waterview at Ridgely Manor, Sheet 5 of 5, which exhibits are dated May 16, 2011, were prepared by Porterfield Design Center, have been exhibited to the City Council, and are on file with the Planning Department. These amenities shall be provided for various sections of the development as adjacent portions of the private access drives within the Re-Zoning Parcel are constructed. PROFFER 2: The coversheet filed by Grantor as part of Grantor s Conditional Re-Zoning Application, which is entitled Waterview at Ridgely Manor, has been exhibited to the City Council, and is on file with the Planning Department, shall be representative of the design and quality of the improvements to be constructed on the Re-Zoning Parcel. PROFFER 3: The condominium development on the Re-Zoning Parcel, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Porterfield Design Center, entitled Conceptual Master Site Plan Waterview at Ridgely Manor, Sheet 1 of 5, dated May 16, 2011 (the Concept Plan ), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Page 9

10 PROFFER 4: The areas on the Concept Plan that are not part of a condominium unit, street, or access drive (the Open Space Areas ), shall be subject to recorded restrictive covenants that prohibit the use of such Open Space Areas for any purpose other than recreation and open space uses (or pedestrian and vehicular transportation uses for sidewalks, roads, and access ways). The restrictive covenants shall be administrated and enforced by a condominium association (the Condominium Association ) in which all condominium unit owners on the Re-Zoning Parcel shall be members, shall run with the land, and shall be in full force and effect for a period of at least fifty (50) years. The covenants shall become part of the deed to each unit, and shall be approved by the City Attorney, or his designee, and recorded prior to the date the first building permit for construction of a residential unit on the Re-Zoning Parcel is issued. PROFFER 5: Grantor shall provide for maintenance of the Open Space Areas and any structures located thereon by the Condominium Association, whereby all condominium unit owners on the Re-Zoning Parcel shall be responsible for the costs and expenses of such maintenance. PROFFER 6: Grantor shall file and seek approval of a rezoning petition to rezone the Open Space Areas to P-1 Preservation District, if required under applicable City codes. PROFFER 7: The maximum height of the residential buildings constructed on the Re-Zoning Parcel shall be forty-two feet (42 ). PROFFER 8: Each residential unit constructed on the Re-Zoning Parcel shall provide a minimum of two (2) parking spaces (excluding garages) per unit. PROFFER 9: Accessory structures constructed on the Re-Zoning Parcel shall be set back a minimum of five feet (5 ) from the back of curb of any street or from any rear condominium unit line. PROFFER 10: The maximum number of residential units developed on the Re-Zoning Parcel shall not exceed 166 units. PROFFER 11: Each residential building constructed on the Re-Zoning Parcel shall be set back a minimum of eight feet (8 ) from the back of curb of any street or from any rear condominium unit line, and shall be set back a minimum of ten feet (10 ) from other residential buildings. Notwithstanding the foregoing, the following features may be located in these setback areas: patios, porches, decks, stoops, chimneys, bay windows, eves, mechanical equipment, community piers, or stairs. PROFFER 12: The building materials the Grantor shall be permitted to use for the exterior portions of the residential structures on the Re-Zoning Parcel, when developed, shall include brick, stone, cement-based siding, and/or wood, wood composite, or wood substitute cellular PVC siding. Of these permitted materials, the specific materials used for each structure shall be determined by the Grantor. Vinyl or aluminum siding shall not be used for primary exterior finishes. Page 10

11 PROFFER 13: All internal streets, access ways, and pedestrian sidewalks located on the Re-Zoning Parcel shall be constructed by the Grantor substantially as depicted on the Concept Plan (subject to final engineering design), and shall be maintained by a condominium association created under condominium documents recorded in the Clerk s Office of the City of Virginia Beach, Virginia, as required under applicable codes. Open space and other common areas located on the Re-Zoning Parcel shall also be maintained by the condominium association pursuant to the terms of the condominium documents. PROFFER 14: The architectural treatment, size and quality of residential units constructed on the Re-Zoning Parcel shall be substantially consistent with the conceptual renderings prepared by Porterfield Design Center, entitled Representative Elevations, Waterview at Ridgely Manor, Sheet 3 of 5, dated May 16, 2011 (the Unit Renderings ), copies of which are on file with the Department of Planning and have been exhibited to the Virginia Beach City Council. The mix of unit types constructed on the Re-Zoning Parcel (Coastal Homes, Manor Homes, Court Homes, Village Homes and/or Porch Homes, as depicted on the Unit Renderings) shall be determined by the Grantor. PROFFER 15: Grantor shall plant supplemental hedges and shrubbery (the Supplemental Landscaping ) substantially as shown on Sheets 1 and 2 of 2 of the exhibit entitled Waterview At Ridgely Manor, Landscape Screening Supplement Exhibit prepared by Porterfield Design Center, and dated June 20, 2011, which exhibit is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The final plant selection, design and layout of the Supplemental Landscaping are subject to plant availability, final site engineering, and final approval by City Planning Staff. PROFFER 16: Grantor shall install six foot (6 ) and eight foot (8 ) metal rail and picket fencing along the southeastern boundary of the Re-Zoning Parcel, located substantially as shown on the Concept Plan. PROFFER 17: Further conditions lawfully imposed by applicable development ordinances 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. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney s Office has reviewed the proffer agreement dated June 28, 2011, and found it to be legally sufficient and in acceptable legal form. Page 11

12 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 12

13 AERIAL OF SITE LOCATION Page 13

14 COVER SHEET REPRESENTATIVE ARCHITECTURAL, OPEN SPACE & PEDESTRIAN ELEMENTS Waterview At Ridgely Manor Page 14

15 PROPOSED LAYOUT Waterview At Ridgely Manor Sheet 1 of 5 Page 15

16 PROPOSED ELEVATIONS Waterview At Ridgely Manor Sheet 3 of 5 Page 16

17 WALKWAYS & STREET TREE PLAN COMMUNITY GREENSPACE PLAN Waterview At Ridgely Manor Sheet 4 of 5 Page 17

18 REPRESENTATIVE DETAILS FOR ACTIVITY AREAS Waterview At Ridgely Manor Sheet 5 of 5 Page 18

19 LANDSCAPE SCREENING SUPPLEMENT EXHIBIT Waterview At Ridgely Manor Sheet 1 of 2 Page 19

20 LANDSCAPE SCREENING SUPPLEMENT EXHIBIT Waterview At Ridgely Manor Sheet 2 of 2 Page 20

21 2 1 1 # DATE REQUEST ACTION 1 10/12/04 Change of Zoning (B-2, A-12, R-2.5, R-10, R-15 to Granted Conditional A-12, R-5D, A-18 with PD-H2 2 02/14/85 Change of Zoning (R-5D, R-40 to PD-H2, P-1) Granted ZONING HISTORY Page 21

22 DISCLOSURE STATEMENT Page 22

23 DISCLOSURE STATEMENT Page 23