REQUEST: Conditional Change of Zoning (AG-1, B-1,R-15 to Conditional R-7.5)

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1 REQUEST: Conditional Change of Zoning (AG-1, B-1,R-15 to Conditional R-7.5) 26 March 14, 2012 Public Hearing APPLICANT: KROLL ENTERPRISES, INC. PROPERTY OWNER: N&K PROPERTIES, LLC/B&W DEVELOPMENT LLC STAFF PLANNER: Carolyn A.K. Smith ADDRESS / DESCRIPTION: North and South side of Nimmo Parkway, west of Camino Real South GPIN: Portions of both: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing R-15, AG-1 and B-1 properties to Conditional R-7.5 Residential District in order to construct 89 single family dwellings on fee simple lots with access to Nimmo Parkway. The neighborhood is divided by Nimmo Parkway: 17 lots on the northern parcel and 72 lots on the southern parcel. The average proposed lot size is depicted as 8,874 square feet, ranging in size from 7,500 to just above 15,000 square feet. Approximately 22 acres of mature woods will be set aside as open space. A small portion of the 100 year floodplain, less than 5%, is proposed to be filled in order to construct the roadway and several of the homes. Page 1

2 All 1-story homes are proffered with a minimum living area of 1,800 square feet and all 2-story homes are proffered with a minimum living area of 2,100 square feet, excluding any garage space. All units are proposed with at least a 2-car garage and constructed on a minimum 12 inch raised slab or on a crawl space. The mix of architectural styles resembles both traditional and transitional with Arts and Crafts features added. LAND USE AND PLAN INFORMATION EXISTING LAND USE: single family dwelling, horse barn, woods SURROUNDING LAND USE AND ZONING: North: South: East: West: Woods / R-15 Residential District Single family dwellings / R-15 Residential District Single family dwellings, woods / R-15 Residential District Single-family homes / R-7.5 Residential District, AG-2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Southern Watersheds Management Area (SWMA) and has 100 year floodplain impacts. No encroachment into the SWMA 50 foot buffer is permitted without a variance. The applicant has revised the original submittal by shifting some of the property lines to ensure that all land within the 50 foot buffer is not privately owned but rather managed by the homeowners association as common open space. A small portion of the 100 year floodplain, less than half an acre, is proposed to be filled in order to construct several of the homes and the roadway. Impacts to the 100 year floodplain are both small in volume and area (0.12 acres on the north side of Nimmo Parkway, 0.20 acres on the south side of Nimmo Parkway). As the acreage impacted is less than 5% of the total floodplain on each the northern and southern parcels, an administrative floodplain variance can be sought from the Development Services Center. In terms of jurisdictional wetlands, the United States Army Corps of Engineers (USACE) 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 to meeting all State and Federal regulations. 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 all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1 to 3-2). Page 2

3 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Nimmo Parkway is currently a 2-lane local collector with a 110-foot right-of-way width. The City s MTP designates Nimmo Parkway to be a 4-lane, divided, controlled-access parkway with 110 foot right-of-way width in this area. There are currently no CIP projects planned for this portion of Nimmo Parkway. This portion of Nimmo Parkway is designated as an access-controlled parkway in the City s MTP and all proposed access points are evaluated to ensure (1) they are necessary to provide access to the site, and (2) that the design is accomplished such that they will not hinder the functionality of this major roadway in the future. TRAFFIC: Street Name Nimmo Parkway Present Volume No Data Available Present Capacity 6,200 ADT 1 (Level of Service C ) - 11,100 ADT 1 (Level of Service E ) Generated Traffic Existing Land Use 2 42 ADT Existing Land Zoning 3 5,903 Proposed Land Use ADT 1 Average Daily Trips 2 as defined by 47 acres of agricultural use 3 as defined by acres of AG, 8.79 acres of R-15 & acres of B-1 4 as defined by 88 single-family dwellings WATER: This site must connect to City water. There is an existing 16 inch City water main on Nimmo Parkway, an existing 12 inch City water line in Nimmo Parkway and an existing 8 inch City water line at the southeast side of the proposed development. SEWER: This site must connect to City sanitary sewer. The property on the south side of Nimmo Parkway is within pump station #619. This pump station has existing capacity issues; therefore, it may require modification. Analysis of Pump Station #619 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. The portion on the north side of Nimmo Parkway is not within any pump station service. There is an existing 20 inch City gravity sanitary sewer force main in Nimmo Parkway and an existing 8 inch City gravity sanitary sewer force main on Ranchero Drive at the southeast side of the proposed development. SCHOOLS: School Current Enrollment Capacity Generation 1 Change 2 Red Mill Elementary Princess Anne Middle 1,365 1, Ocean Lakes High (north of Nimmo Parkway) 2,367 2, Page 3

4 Kellam High (south of Nimmo Parkway) 1,843 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 Comprehensive Plan Consistency: It is Staff s opinion that the proposed single family residential community is generally consistent with the recommendations for the Suburban Area as outlined below. 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. There has been some concern expressed from adjacent property owners that the homes proposed are not compatible with their neighborhood. While the proposed single family dwellings of this proposal are not comparable in terms of size to the existing R-15 dwellings of Lago Mar, they certainly are compatible. The proffered elevations reflect the Plan s Suburban Area Design Guidelines which state that architecture and proportional elements of scale, mass and height all be considerations of design and that exterior building materials be long-lasting, attractive, and high quality. The architecture of the proposed homes is a mix of styles: some depicted are a traditional style while others reflect a contemporary, transitional style. The building materials proposed include a mix of brick, vinyl and cement fiber board. The General Community Appearance Guidelines in the Plan s Reference Document indicates that a good development provide open space, protect the environment, create quality community design, and offer safe, well planned and attractive pedestrian ways. It goes on further to say that Residential developments should enhance the quality of life for residents by incorporating safe, innovative design that integrates planning elements, such as connectivity, visual and functional open space, pedestrian networks and landscaped streetscapes. Based on this, Staff s point of contention is the lack of vehicular connectivity on the southern portion of the project, via the existing Ranchero Road street stub. With up to 72 single family homes, there is only one ingress/egress for the neighborhood. Providing this connectivity that was planned with the layout of the Lago Mar community will make this a safer neighborhood and assist with traffic flow heading south. Instead, the applicant has proffered a 20 foot wide pedestrian secondary access easement (meaning homeowners association maintains ownership but public has right to use); however, Staff feels this falls short of meeting an important Comprehensive Plan goal of connectivity and recommends full vehicular connection to Lago Mar. Environment & Open Space: As recommended by the Comprehensive Plan and as required by the Zoning Ordinance, a minimum of 10% of the total acreage of the development, or 2.95 acres for this development, must be set aside as open space. The applicant has met this requirement with 22.8 acres (including unbuildable areas) of mature woods and upland wetlands, as defined by the Corps of Engineers, labeled as open space (only wetlands as defined in City ordinances may not be counted toward open space). According to the proffered plan, all trees within the open space areas are to remain. The proposed encroachment into the 100 year floodplain is minimal and the applicant has adequately addressed the required 1:1 mitigation with the Development Services Center s engineering staff for fill proposed to construct the portions of the roads and some of the dwellings. There are jurisdictional wetlands, as defined by the USACE, on both the south and north properties. These wetlands are regulated by State and Federal agencies. Approval by Page 4

5 the City of this rezoning does not relieve the applicant or the property owner from responsibility to meeting all State and Federal regulations. A proffer has been added to reiterate this requirement. A 25 foot wide planted buffer is proposed along the southern property between this development and the existing homes on Cordova Court in the Lago Mar neighborhood. This buffer transitions to 40 feet wide adjacent to the existing homes along Ranchero Road. Based on Staff s determination, the closest any new home would be to an existing dwelling in the Lago Mar neighborhood is roughly 70 feet (proposed lot 22 at the end of Ranchero Road). Additional plantings are proffered at the entrances as well as within the bioretention stormwater management facility. No land disturbance is proposed within the 50 foot, Southern Watersheds Management Area buffer. Traffic: Based upon the traffic projected to be generated by the 88 proposed homes, 71 of which would be located on the south side of Nimmo Parkway, a right turn lane with a 150 foot taper and 150 feet of storage will be required into the southern portion of the neighborhood and is depicted on the proffered plan. All right-of-way improvements must be in accordance with the City s subdivision regulations and with the Public Works Standards typical section for this type of collector roadway. The applicant is aware of these improvements which potentially include, but are not necessarily limited to, pavement widening, curb and gutter, and streetlights. In sum, it is Staff s opinion that proposed development is consistent with the Comprehensive Plan s recommendations for this area as outlined above. Other than the desire for full vehicular connectivity, Staff supports the request for a change of zoning. The connection at the proposed terminus of Ranchero Road was established in the construction plans for Lago Mar and is not a new concept for this development. Staff finds the proposed development acceptable and recommends approval with a vehicular connection. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to offset identified problems to the extent that the proposed rezoning is acceptable, ( 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed substantially as shown on the Conceptual Site Layout Plan of Mirasol, Nimmo Parkway, Virginia Beach, Virginia, date 02/01/12, prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the Subdivision Plan ). PROFFER 2: When the Property is developed, the entrances to Mirasol shall be from Nimmo Parkway with the landscape buffer plantings, entrance signage, pedestrian access improvements and street sections substantially as depicted on the Subdivision Plan. PROFFER 3: When the Property is developed, it will be subdivision into no more than eighty-eight (88) single family residential building lots. The homes will be built with a minimum of twelve inch (12 ) raised slab foundation or crawlspace and they will contain a minimum of 2100 square feet of living area for a two story dwelling and 1800 square feet of living area for a one story dwelling. Each home shall have, at a minimum, a two (2) car garage and the architectural design and building materials utilized shall be substantially as exhibited on the Page 5

6 elevations labeled Home Styles of Mirasol which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the Elevations ). The front yard of every home will be sodded prior to issuance of a final Certificate of Occupancy by the Grantee. PROFFER 4: When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights-of-way to a mandatory membership Homeowners Association which shall be responsible for maintaining all open spaces, common areas, landscaped buffer easement, frontage landscaped buffer, entrance features and other improvements on the Property as depicted on the Subdivision Plan. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create additional residential building lots in excess of eighty-eight (88). PROFFER 5: The party of the first part shall prepare and submit for review and approval, a tree retention and landscape plan for the twenty-five foot (25 ) and twenty foot (20 ) Landscape Buffers as depicted on the Subdivision Plan. The 20 and 25 wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owned and maintained by the Homeowners Association, which shall mandate the preservation and retention of the buffer of evergreen and deciduous trees within the 20 and 25 Landscape Buffers as well as the preservation and retention of the native vegetation with the two (2) forested areas depicted. Proffers & 7 were added during Planning Commission Hearing PROFFER 6: The part of the first part shall prepare and submit for review and approval by the Director of the Department of Planning, prior to final subdivision, a tree retention and landscape plan for the twenty-five-foot (25 ) and twenty-foot (20 ) Landscape Buffers as depicted on the Subdivision Plan. The 20 and 25 wide Landscaping Buffers as depicted on the Subdivision Plan. The 20 and 25 wide Landscape Buffers along with the other Open Space and forested areas depicted on the Subdivision Plan shall be owner and maintained by the Homeowners Association, which shall mandate preservation and retention of the buffer of evergreen and deciduous trees within the 20 and 25 Landscape Buffers as well as the preservation and retention of the native vegetation within the two (2) forested area depicted. PROFFER 7: In the event and Best Management Practices (BMP) stormwater detention ponds (i.e. wet pond ) are created on the property within 100 feet of the property line of a home adjoining Lago Mar subdivision, an aeration fountain shall be installed by the party of the first part and maintained by the Homeowners Association in each such pond. PROFFER 8: When the Property is developed, the fully engineered construction plans for the subdivision will provide that stormwater runoff from the development, including any decrease in storage capacity associated with the limited impacts on non-tidal wetlands, will not negatively impact the adjacent residential properties. This may be done by use of an intercepting drainage system or other methods approved by Grantee. PROFFER 9: When the Property is developed, the party of the first part shall provide Grantee with proof of all approvals from applicable federal and state agencies as a condition of final subdivision approval. PROFFER 10: 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 6

7 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 February 3, 2012, 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 LAYOUT Page 9

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12 ZONING HISTORY # DATE REQUEST ACTION 1 10/23/07 REZ (AG-2 to Conditional R-7.5) Granted 2 09/12/95 REZ (AG-2 to Conditional R-7.5) Granted 3 08/27/91 REZ (AG-1 & AG-2 to Conditional R-7.5) Granted 4 05/20/85 REZ (AG-1 & AG-2 to Conditional R-6) Granted Page 12

13 DISCLOSURE STATEMENT Page 13

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