Board of Zoning Appeals Agendas and Minutes

BOARD OF ZONING APPEALS · CITY OF HAMPTON, VIRGINIA Meeting Agenda · May 3, 2021 CHAIRMAN: John C. (Jack) Pope. MEMBERS: Dr. Arne Hasselquist, Dr. Tamika Lett, Michael Harris, Rev. Joshua N. King, Sr., Philip Siff (Alternate) WORK SESSION/TRAINING 4:00 PM – Community Development Conference Room, 5th Floor City Hall I. Training II. Questions about agenda items REGULAR MEETING 5:00 PM – City Council Chambers, 8th Floor City Hall I. Roll call II. Minutes of the April 5, 2021 meeting III. Election of Officers IV. Public hearing items A. VA21-00003: Raymond & Melita Carney, 4 Pleasant Way, LRSN 13002532, request for a variance to reduce the required rear yard setback from 32.3 feet to 26.9 feet to construct a rear sunroom addition to the existing single family dwelling. V. Other Items VI. Adjournment As a courtesy to others during the meeting, please turn off cellular telephones or set them to vibrate. Community Development Department, Planning & Zoning Administration Division 22 Lincoln Street | Hampton, Virginia 23669 www.hampton.gov | Hampton’s 311: 757.727.8311 | O.757.727.6140  1 CITY OF HAMPTON BOARD OF ZONING APPEALS 2 3 4 AT A SPECIAL MEETING AND PUBLIC HEARING OF THE BOARD OF ZONING APPEALS OF THE CITY 5 OF HAMPTON, VIRGINIA, HELD ELECTRONICALLY ON MONDAY, MARCH 1, 2021, AT 5:00 P.M. 6 7 8 Due to the COVID-19 pandemic, the Board of Zoning Appeals met electronically to 9 undertake statutorily required business. All members of the Board of Zoning Appeals and 10 City support staff participated from remote locations utilizing video conferencing provided 11 on the Zoom platform. Citizens were able to access the meeting live using the Zoom 12 meeting link advertised in the Board of Zoning Appeals Daily Press notice. 13 14 Due to the BZA Board meeting virtually, there was not a work session held for this meeting. 15 16 ITEM I. ROLL CALL 17 18 Chairman Pope called the meeting to order at 5:00 p.m. 19 20 A call of the roll noted those present: Chairman John Pope, Board Members Dr. Arne 21 Hasselquist, Dr. Tamika Lett, and Michael Harris. 22 Vice Chair Linda Ellis was unable to attend. 23 24 Also present were Zoning Administrator Hannah Sabo, Senior City Planner Allison Jackura, City 25 Planner Garek Hannigan, Deputy City Attorney Bonnie Brown, Property Maintenance Division 26 Manager Kimberly Mikel and Administrative Assistant/Recording Secretary Margaret Leach. 27 28 The Zoning Administrator Hannah Sabo addressed the applicant to advise that there were only four Board members present, Vice Chair Linda Ellis was absent, and that three positive 29 votes are required for a motion to pass. She stated that anyone wishing to have their case 30 continued so that the matter could be heard by a full Board should state so at that time. 31 32 33 ITEM II. MINUTES – February 1, 2021 34 35 A motion was made by Board Member Hasselquist and seconded by Board Member Harris, to approve the February 1, 2021 Board of Zoning Appeals (BZA) public hearing meeting 36 minutes. 37 38 A roll call vote on the motion resulted as follows: 39 40 AYES: Hasselquist, Harris, Lett, Pope 41 NAYS: None 42 ABSTAIN: None 43 ABSENT: Ellis 44 45 46 47 48 BZA Minutes: March 1, 2021 Page - 1  1 2 3 4 5 6 7 ITEM III. PUBLIC HEARING ITEMS: 8 9 A. (Deferred from February 1, 2021) AZ20-00002: R. Heath Spencer, S&S Quality Homes, 10 LLC, 2 Thoroughbred Drive, LRSN 5001379, appeal of a Zoning Administrator 11 decision, dated October 21, 2020, determining that the wetlands on 2 12 Thoroughbred Drive constitute “non-tidal wetlands connected by surface flow and 13 contiguous to tidal wetlands or water bodies with perennial flow”, as defined by the 14 zoning ordinance and accordingly are an RPA feature. 15 16 After being sworn in by the Court Reporter, Zoning Administrator, Hannah Sabo presented the 17 case for the City. Hannah Sabo stated that she had received photos and a letter in support of the determination from a neighbor about this case. These items are attached to the minutes. 18 19 After being sworn in the applicant, Heath Spencer, presented the case. Mr. Spencer then 20 turned the case over to Julie Steele, their environmental advisor, to further present the case to 21 the board. 22 23 After being sworn in Willie Vaughan, a neighbor of the property, spoke in favor of not granting the appeal as he stated that his property floods and he would not like to see it get worse. 24 25 Pursuant to section 13-3 of the zoning ordinance, the concurring vote of at least three (3) 26 members of the board is necessary to reverse any order, requirement, decision, or 27 determination of the zoning administrator. 28 29 A motion to overturn the determination was made by Board Member Harris. Motion died for 30 lack of a second. 31 Second motion to affirm the determination was made by Board Member Hasselquist, 32 seconded by Board member Lett. 33 34 A roll call vote on the motion resulted as follows: 35 36 AYES: Hasselquist, Lett 37 NAYS: Harris, Pope 38 ABSTAIN: None ABSENT: Ellis 39 40 41 42 In the absence of a concurring vote of at least three (3) members of the board to reverse the 43 determination, thereby upholding the decision, Deputy City Attorney Bonnie Brown informed 44 the applicant of their right to appeal the decision of the Board of Zoning Appeals to the Circuit 45 Court within 30 days. 46 47 48 BZA Minutes: March 1, 2021 Page - 1  1 ITEM IV. OTHER ITEMS 2 3 There were no other items to discuss by the Board. 4 ITEM V. ADJOURNMENT 5 6 There being no further business to come before the Board, the meeting was adjourned at 6:06 7 p.m. 8 9 ____________________________ 10 John C. Pope, Chairman 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 BZA Minutes: March 1, 2021 Page - 1  BOARD OF ZONING APPEALS STAFF EVALUATION May 3, 2021 R-9 Case No. VA21-00003 Parcel Prepared By: James Gillie, Senior Zoning Official Case Type: Variance Location: 4 Pleasant Way Zoning District: R-9 Rezoning: RZ1235 Overlay Zones: O-FZ (X) Owner/Applicant: Raymond Carney & Melita Murray-Carney Request: A variance to reduce the required rear yard setback from 32.3 feet to 26.9 feet in order to construct a rear sunroom addition to the existing single family dwelling. Applicable Zoning Ordinance Section(s) Ch. 4, Article IX, Sec. 4-85: “Building Setback Regulations” (3) Rear Yard. The rear yard setback shall be a minimum of twenty (20) feet, provided if the depth of the lot is greater than seventy-five (75) feet, the required depth of the rear yards shall be increased by an amount equal to one-third (1/3) of the excess depth over seventy-five (75) feet; however no such rear yard need be more than thirty-five (35) feet. Summary VA20-00024 is a request to reduce the required rear yard setback from 32.3 feet to 26.9 feet in order to construct a rear sunroom addition to the existing single family dwelling. This property is lot 4 of the Butler Farms subdivision, which was platted in 2005, forty-five years after the adoption of the initial Zoning Ordinance. The property contains 6,270 square feet and features a 60 foot frontage along Pleasant Way, making this lot in conformance with the current R-9 Zoning District lot requirements. The existing dwelling is 2,505 sq. ft., which meets the minimum dwelling area requirement set by Rezoning #1235. The subdivision, including this parcel, was rezoned on January 24, 2007 from R-11 District- One Family Residential to R-9 District- One Family Residential to develop 15 single-family homes, case RZ1235 with 9 proffered conditions. The full list of proffered conditions are attached to this staff report. Proffered condition #3 states: 3. The subdivision will be developed and the building improvements will be constructed in compliance with all of the R-9 zoning district requirements with the sole exception of the following:  BOARD OF ZONING APPEALS STAFF EVALUATION (a) Minimum dwelling size will meet the R-11 zoning district requirement of no less than 1700 square feet. Proffered condition number 3 requires that buildings be constructed in compliance with all of the R-9 zoning district requirements, except minimum dwelling size. The R-9 district requirements includes the 32.9’ rear setback. In order for an addition to be constructed outside of those prescribed R-9 setbacks, the Rezoning proffered conditions would need to be amended by City Council. The applicant has not provided a hardship. Section 15.2-2309 of the Virginia Code allows the BZA to provide reasonable modifications, in the form of variances from zoning requirements, to a property or improvements on a property when requested by a person with a disability. Staff has received information from the applicant that the purpose of this proposed addition would be to accommodate the applicant’s need for “fresh air and sunlight beneficial to reduce stress and anxiety”. Staff has not received information showing that the variance request is necessary to accommodate their disability.  BOARD OF ZONING APPEALS STAFF EVALUATION Criteria for Review of Variances See Virginia Code §15.2-2201 and §15.2-2310; Zoning Ordinance §13-11 Summary of Criteria Staff Considerations 1. Strict application of the terms of the ordinance would unreasonably restrict utilization of the property or that granting a variance would alleviate an undue hardship due to a physical condition relating to the property; 2. The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance;  Applicant has not demonstrated an undue 3. The granting of the variance will not be of hardship or unreasonable restriction of substantial detriment to adjacent property and utilization of the property, the property is nearby properties in the proximity of that currently in use as a single family dwelling geographical area; 4. The condition or situation of the property  The condition is not so general that an concerned is not of so general or recurring a amendment to the ordinance is warranted. nature as to make reasonably practicable the formulation of a general regulation to be  Proffered condition #3 of RZ 1235 states, “the adopted as an amendment to the ordinance; building improvements will be constructed in 5. The granting of the variance does not result in a compliance with all of the R-9 zoning district use that is not otherwise permitted on such requirements” TXZ property or a change in the zoning classification of the property; and 6. The relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance pursuant to subdivision A4 of §15.2-2286 at the time of the filing of the variance application. Staff Recommendation: Denial  Based on the information provided by the applicant and evaluation of the standards of review for variances provided in Sec. 13-11(2) of the Zoning Ordinance, staff recommends denial of VA21-00003. Staff recommends the following conditions if Board approves: 1. Construction of the addition shall be built in substantial conformity with the attached development plan, dated February 22, 2021 2. The applicant must obtain approval by City Council to amend proffer condition #3 set forth in Rezoning RZ1235 prior to construction of proposed addition. Example Motions: EXAMPLE MOTION TO APPROVE VARIANCE: I move we approve the variance because strict application of the ordinance would [unreasonably restrict utilization of the property/create an undue hardship] due to [INSERT JUSTIFICATION] and all the other criteria in the Virginia Code are met. EXAMPLE MOTION TO APPROVE VARIANCE WITH CONDITIONS: I move we approve the variance with the conditions recommended by staff because strict application of the ordinance would [unreasonably restrict utilization of the property/create an undue hardship] due to [INSERT JUSTIFICATION] and all the other criteria in the Virginia Code are met. EXAMPLE MOTION TO DENY VARIANCE: I move we deny the variance because the application does not meet the criteria in the Virginia Code due to [INSERT JUSTIFICATION].  BOARD OF ZONING APPEALS STAFF EVALUATION 4 Pleasant Way  HAMPTON VA Board of Zoning Appeals RE��f;�ED MAR 2 2 2021 Complete this application in its entirety and submit along with the required materials (listed in Step 2 below) to the following address: Nurfnitial: & {,( I� sx I AZ I EX Z _I - Q_QQ__ 0 3 City of Hampton, Community Development Department 22 Lincoln Street, 3rd Floor Hampton, Virginia 23669 Application for (check one): • variance (VA) O appeal of the zoning administrator's or O Chesapeake Bay Exception (EX) D special exception (SX) zoning administrative officer's decision (AZ) 1. PROPERTY INFORMATION V 2366 Address or Location 4 Pleasant Way Hampton a 6 LRSN / 3 D01-S 3 '2- __._}2.,--'---�-------- ------ Zoning District Current Land Use re sid entia l ----------------------------------- i _ t_ i_a_l ______________---.----------- _ _ d_ e n Proposed Land Use _re_ s The proposed use will be aUin: D an existing building • a new addition 0 a new building 2. SUBMITTAL REQUIREMENTS & DETAILS All applications must include the following four items: (1) a recent survey plat of the property; (2) application fee of $100 for single-family residential uses, $250 for all other uses, payable to the City of Hampton; (3) a written description of request (use the space below or submit as a separate document) which describes the request, and for variances, how the request meets the following criteria for a hardship under the Code of Virginia (Sec. 15.2-2201): A variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, and: (i) The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; (ii) The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; (iii) The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; (iv) The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and ( v) The relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance pursuant to a subdivision A4 of§ 15.2-2286 at the time of the filing of the variance application. Development of any property is subject to compliance with all applicable codes, regulations and ordinances, regardless of whether such is specified in a Board of Zoning Appeals approval Description of request: We, Raymond and Melita Carney respectfully request a variance for the purpose of constructing a sunroom for our home at 4 Pleasant Way, Hampton VA 23666. I am a US Navy veteran with service connected disabilities. The sunroom would be beneficial for improving my coping skills. The size of the sunroom needs to be larger than allowed so that we can fit items necessary for physical therapy in a space that provides access to fresh air and sunlight beneficial to reduced stress and anxiety. The builder advised us that reducing the size of the sunroom would defeat it's medicinal purpose as it would then only be the size of a small walk in closet. My wife Melita is a licensed clinical psychologist at the VA hospital. One of the reasons we chose this home was for it's nearness to the VA for both of us. lt's is centrally located enabling us to get to the lnterstate, the airport and the grandchildren. My age and limitations motivated the desire to ensure our residence better meets our needs. The sunroom would provide years of beneficial relaxation. The proposed sunroom will increase the value of our home while further cementing us in this community. The neighbors are not opposed, the HOA has approved and we chose a reputable company to do the work. We have been advised the proposed sunroom being considered part of the main house should have a setback of 32.3 feet. Our proposal is for 25.9 feet. Please grant us a variance for the difference. I enclosed an illustration of our proposal as no image is on the plat.  IM Ln City of Hampton, VA 22 Lincoln Street Hampton, VA 23669 Zoning Notice of Action www. hampton. gov City Council — Regular Meeting Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, 11, Rhet Tignor, Paige V. Washington, Jr., Ross A. Kearney, 11, Mayor Staff. Jesse T. Wallace, Jr., City Manager Cynthia E. Hudson, City Attorney Katherine K. Glass, Clerk of Council Brenda J. Vaccarelli, Deputy Clerk January 24, 2007, 7: 30 P. M. TO: City Attorney, City Assessor, Codes Compliance, Economic Development, Planning Department, City Engineer and Public Works 06 -0703 Rezoning Application No. 1235 by James Crocker to rezone 78 Butler Farm Road from One - Family Residence District ( R - 11) to One - Family Residence District R -9) to develop 15 single -family homes. ACTION: Approved on second and final reading with the following nine ( 9) proffered conditions: 1. The subdivision will be constructed in substantial conformance with the conceptual plan prepared by J. S. G. Development Consultants, P. C., dated November 1, 2006. 2. The developer will preserve the existing non -tidal wetlands as on the site plan and implement the storm water management area designated as a non - buildable lot on the conceptual site plan, dated November 1, 2006. 3. The subdivision will be developed and the building improvements will be constructed in compliance with all of the R -9 zoning district requirements with the sole exception of the following: a. Minimum dwelling size will meet the R - 11 zoning district requirement of no less than 1700 square feet. 4. The developer will install the following: ( as shown on the conceptual site plan, dated November 1, 2006). A 20' landscaped buffer and berm along the Butler Farm Road right of way A single row of evergreen trees ( on 10 foot centers) along eastern and western perimeter of the subdivision CM rn The storm water management area on the designated non -buildable lot. 5. An easement will be dedicated to a homeowners association to maintain the following: as shown on the conceptual site plan dated November 1, 2006. The 20 foot landscaped buffer and berm along Butler Farm Road. The existing non -tidal wetlands at the rear of residential lots 7 and 8. 6. Berms shall consist of grass sod /landscape mulch with large street trees ( on 40 foot centers) and streetscape shrubs. 7. Fencing installation along the Butler Farm Road right of way shall be installed on the northern side of the berm. 8. All buildings initially constructed on the property will be substantially the same as the homes shown on the conceptual elevations, dated October 19, 2006. The Planning Director or his designee must review additional buildings elevations prior to the issuance of a building permit. Design review is required for all lots within the subdivision and all home building facades. 9. Lots within the subdivision shall not be further subdivided. City Council Meeting Minutes Mr. Dan West of the Peninsula Engineer' s Club. Mr. Dan West thanked Council on behalf of the Peninsula Engineer's Club for recognizing National Engineers Week in the City of Hampton. Mr. West stated that there are over twenty technical and engineering societies that belong to the Peninsula Engineer' s Council. He said that one of the many goals of the Council is to recognize engineers and to promote the profession of engineering. REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES PUBLIC HEARINGS Rezonings - Second Reading 04. 06- 0703 Rezoning Application No. 1235 by James Crocker to rezone 78 Butler Farm Road from One Family Residence District ( R -11) to One Family Residence District (R -9) to develop 15 single family homes. Mayor Kearney stated that Rezoning Application No. 1235 by James Crocker to rezone 78 Butler Farm Road from one -family residence R -11 to one -family residence R -9 to develop 15 single -family homes. Mayor Kearney stated that the City is not down -sizing in this area. He explained that it deals with a wetlands issue and by doing this Mr. Crocker can reconfigure the homes to allow him to move the houses around differently to protect the environment. He said that it will not put twice the number of houses on the same piece of land. The Planning Commission and Staff recommend approval of Rezoning Application No. 1235 with the following nine ( 9) proffered conditions: 1. The subdivision will be constructed in substantial conformance with the conceptual plan prepared by J. S. G. Development Consultants, P. C., dated November 1, 2006. 2. The developer will preserve the existing non -tidal wetlands as on the site plan and implement the storm water management area designated as a non -buildable lot on the conceptual site plan, dated November 1, 2006. a. The subdivision will be developed and the building improvements will be constructed in compliance with all of the R -9 zoning district requirements with the sole exception of the following: 3. Minimum dwelling size will meet the R -11 zoning district requirement of no less than 1, 700 square feet. 4. The developer will install the following: ( as shown on the conceptual site plan, dated November 1, 2006). A 20' landscaped buffer and berm along the Butler Farm Road right -of -way Page 13 of 56 Printed on 2/ 7/'2007 City of Hampton, VA  i City Council Meeting Minutes A single row of evergreen trees ( on 10 foot centers) along eastern and western perimeter of the subdivision. The storm water management area on the designated non - buildable lot. 5. An easement will be dedicated to a homeowners association to maintain the following: as shown on the conceptual site plan dated November 1, 2006. The 20 foot landscaped buffer and berm long Butler Farm Road. The existing non -tidal wetlands at the rear of the residential lost 7 and 8. 6. Berms shall consist of grass sod /landscaped mulch with large street trees (on 40 foot centers) and streetscape shrubs. 7. Fencing installation along the Butler Farm Road right -of -way shall be installed on the northern side of the berm. 8. All buildings initially constructed on the property will be substantially the same as the homes shown on the conceptual elevations, dated October 19, 2006. The Planning Director or his designee must review additional building elevations prior to the issuance of a building permit. Design review is required for all lots within the subdivision and all home building facades. 9. Lots within the subdivision shall not be further subdivided. No one appeared before Council to speak on this issue. HELD PUBLIC HEARING APPROVED Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Paige V. Washington Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0 25. 06 -0759 Rezoning Application No. 1238 by Donald W. Sowalskie to amend conditions of Rezoning No. 854 to allow the development of up to 32 fee - simple townhouses. The 4.23 + /-acre parcel is located at 1531 North King Street and is zoned Neighborhood Commercial District ( C -1) with conditions that require the property be developed for office and retail uses. The City Manager stated that Rezoning Application No. 1238 is to amend the conditions attached to the parcels zoned Neighborhood Commercial C -1) by Rezoning Application No. 854 in order to allow the development of up to 32 fee- simple townhouses at a density of 7. 56 units per acre. City of Hampton; VA Page 14 of 56 Printed on 21712007  6 0 AT A PUBLIC HEARING IN A REGULAR MEETING OF THE HAMPTON CITY PLANNING COMMISSION HELD IN THE COUNCIL, CHAMBERS, CITY HALL, HAMPTON, VIRGINIA, ON NOVEMBER 13, 2006 AT 3: 30 P.M. WHEREAS: The Hampton Planning Commission has before it this day Rezoning Application No. 1235 by James Crocker to rezone 78 Butler Farm Road from R -11 ( One Family Residence District) to R -9 .( One Family Residence District) for the development of 15 single family homes; and WHEREAS: The R -11 district permits single family dwellings at a density of 3. 5 to 4. 5 units per acre and the R -9 district' permits single family dwellings at a density of 5 to 6. 5 units per acre; and WHEREAS: The rezoning does not increase the residential density; rather, it decreases required lot sizes so that the developer can better implement a storm water management area and preserve existing non -tidal wetlands; and WHEREAS: Nine conditions including building elevations, landscaping, and a conceptual site plan were established to ensure quality and compatibility with the surrounding neighborhood; and WHEREAS: The Hampton Community Plan ( 2006, as amended), recommends low density residential use in this area; and WHEREAS: There were no speakers from the public regarding this application. NOW, THEREFORE, on a motion by Commissioner Amy Thorstad, and seconded by Commissioner Charles Sapp, BE IT RESOLVED that the Hampton Planning Commission recommends approval of Rezoning Application No. 1235 with nine conditions. A roll call vote on the motion resulted as follows: AYES: McCloud, Thorstad, Heath, Smith, Wallace, Sapp NAYS: None ABST: None ABSENT: Young A COPY; TESTE: T • 0 Neill Terry P. ' Secretary to Commission  0 0 W AGENDA REVIEW JITEM NO DATE: 11/ 13/ 06 PREPARED BY: R. McNeiI Phone # 728 -5127 ITEM NO. DATE: 11/ 13/ 06 REVIEWED BY: S. Mertig Phone #. 728 -5234 Second Reading ( If applicable) REVIEWED BY: Phone #: SUBJECT: Rezoning Application No. 1235 by James Crocker to rezone 78 Butler Farm Road from One Family Residence District ( R -11) to One Family Residence District ( R -9) to develop 15 single family homes. ACTION REQUESTED OF COMMISSION: Approve Rezoning Application No. 1235 with nine ( 9) proffers, as it is in conformance with the Hampton Community Plan and is compatible with the surrounding neighborhood and zoning. BRIEF BACKGROUND STATEMENT: This proposal is to rezone 78 Butler Farm Road from R -11 ( One -Family Residence District) to R -9 ( One Family Residence District) to develop 15 single family homes. The site, which is currently vacant, is approximately 4. 75 acres. Rezoning a property to R -9 typically permits a higher residential density, 5 -6. 5 units per acre, than the R -11 district. However, the applicant is not rezoning to increase the density, but to minimally impact the existing non - tidal wetlands. The Hampton Community Plan ( adopted February 2006, as amended) recommends low- density residential at this site and the surrounding neighborhoods. The housing supply goals of the Plan promote infill housing that ensures the design and quality of infill housing enhances the value of surrounding structures and the neighborhood. ( HN -20) Additionally, the Plan encourages the protection of wetlands from the impacts of new development and redevelopment as required by local, State, and Federal environmental laws and regulations. EN -23) The Army Corps of Engineers has confirmed non -tidal wetlands are onsite. Currently, there is approximately . 25 ac of non -tidal wetlands on site; however, only . 06 + ac will be impacted. Prior to submitting a preliminary subdivision, the applicant will meet with Land Development Services staff to further discuss the wetlands and storm water issues. On October 24, 2006 there was a community meeting at Machen Elementary School. Eleven people attended. The majority endorsed the proposal; however, one resident was concerned with the property' s drainage. The applicant confirmed that storm water run off would be maintained on site. Additionally, the R -9 rezoning enables the applicant to provide a larger non -buildable lot for storm water management. Application, Staff Report, Presentation, Site Plan, Building Elevations DATES ADVERTISED: Planning Commission: October 26, 2006 and November 2, 2006 REZONING CONDITIONS ATTACHED: X Yes No  ARMISTEAD HEIGHTS SECTION FIVE PLAT BOOK 11, PG. 15 LOT 10 = SUSSANNA L. GAUDREAU INST. # 040002672 LOT 11 = DARYN D. FINNEGAN D. INST. # 040006988 LOT 12 = SHELTON J, & CAROLYN D. MARTIN D. B. 1121, PG. 849 7 O Z Q W VICINITY MAP W W u) SCALE: I"= 800' zaug aa c a o m MORNINGD. 8.STAR BAP 1289 71ST CNURC U N PG. 1354 r FR VqR q8. / E ROgD NOTES: / R; 168.18, 1. AREA OF SITE ---- - - - - -- 207, 031 SQ. FT. OR 4.7528 ACRES 15p0.00' 2. PARCEL ID NO. 060140000004 S To Be 3. 4. NUMBER OF LOTS - - - - 15 ZONED --------------- - - - - -- R -11 DEDICATED 5. MINIMUM LOT SIZE - -- 9,000 SQ. FT. & 70' @ B. S. L. 6. ALL LOTS SHALL HAVE A MINIMUM OF 70' WIDTH AT THE BUILDING SETBACK LINE TO C/1' y pOR R/. y 7. ACUS = 3EIN - DNL70 8. ALL LOTS TO HAVE PUBLIC WATER SERVICE 9. ALL LOTS TO HAVE PUBLIC SANITARY SEWER 10. THIS SUBDIVISION LIES WITHIN ZONE C, AS SHOWN ON FIRM COMMUNITY -PANEL NO. 515527 0008 D, MAP REVISED 7116187. 11. CHESAPEAKE BAY PRESERVATION AREA = 3E OUT 12. TILE NUMBER = 3E 13. OWNER OF RECORD: See. 35. 82. Trees. FRANK FRATZKE & ROY POWELL INSTRUMENT NO. 040017631, PG. 350 ( a) Existing trees shall be saved where reasonable. Where existing trees have been removed or no trees exist, a minimum of four ( 4) trees of acceptable size and type shall be 14. DEVELOPER: FRANK FRATZKE planted in a balanced manner around the lot. Any combination of existing and new trees 34 EDMONDS COVE ROAD totaling a minimum of four ( 4) shall be acceptable per lot. Should the open area of the lot HAMPTON, VA 23664 exceed eight thousand (8,000) square feet, one ( 1) tree, either existing or new, shall be provided for each two thousand ( 2, 000) square feet of open area. PH 342. 2478 FAX 224. 6519 ADDRESS: # 78 BUTLER FARM ROAD aA1! jyjkxu rs OF MINARY ROLAND D. BAIRD NO. 1227- 6 HAMPTON, VIRGINIA JOHNSON - BAIRD AND ASSOCIATES 81 18106 CIVIL ENGINEERING AND LAND SURVEYING 1538 WEST QUEEN STREET - HAMPTON, VIRGINIA - 23669 - 3645 O suttv 5 SCALE: 1"= 100' DATE: AUG. 18, 2006 I FILE NO. 205. 143P  D mix Z an wux STORM WATER MANAGEMENT ARFA. .. .. _.. _.. ._.. _.. C/ L SWALE —•._.. _.. _. —.' Q e i m - >• i C.. l4 , , r h C Z it 3 yy g AAA... /• .. _.. _..__. k d, ' I 1 R r` I m huh. _.-.' - J Y• O r Bn' fO rJA E ._ .... _.I ( C 7 1 7 C C w g zo k u 0 CAM81T9 dTU 9 . 11 y p bib b i/ M1N4tlIM "' O STREE_T__. In Z nxavmv Caro eam pN N 99 8 8 8 ti to I 8 I I I I L I L I I I I I I L I L r Q nn ' nro nw w, LANDSCAPE MA ENANCE EASEMENT , wcv I aav sam II ' i I i e r lR Wn « uu3 S w Yb a PRWEMME 9 Q n N°' RVOONS TE I By PROPOSED 13 LOT SINGLE FAMILY cqy p RESIDENTLAL DEVELOPMENT J.S.G. DEVELOPMENT CONSULTANTS, P.C. N Pgommwrwnog: 8 w m BVREP P/ JiM e04D e mE Bmun vY Pngmem6 g 63BYCenm Un a eWma II FIR ] n IN` 1FTON, NPCIINV. • ImWnvmWnW IlYdmgeplJc PVMttIng 1° QY Nmdil VLgh1. • L160i BHEeTT11Le ALPP1 5wim TFJ. PYR461. Pa Q57JC61. 1B03 S e< PRFIIMINARY SUBDMSION LAYOUT PLAN 4 V10 i STAFF EVALUATION To: Planning Commission Prepared By: R. McNeil 728 -5127 Reviewed By: S. Mertig 728 -5234 Case: Rezoning Application No. 1235 Date: November 13, 2006 General Information Applicant James Crocker Approve Rezoning Application No. 1235 as it conforms to the land use of the Rezone 4. 75 ± acres at 78 Butler Farm Road from R -11 ( One Family Residence District) to R -9 ( One Family Residence District) for the construction and use of 15 single family homes. Location uri n C r o rrcl ( 1 n 78 Butler Form Road Zoning This property, zoned R -11 ( One- Family Residence District), will be rezoned to R -9 One -Family Residence District). The proposed R -9 standards permits a higher residential density. ( see zoning standards below) However, the developer is not rezoning for higher density, but to provide a designated stormwater detention area and to preserve existing non -tidal wetlands. Lot Size Units per Dwelling Frontage acre j Size R -11 ( current) F 9,000 sf F 3. 54. 5 1, 700 sf 70' R -9 ( proposed) 6, 000 sf 1 5- 6. 5 1, 500 sf jr 60' Surrounding Land North: Vacant; ( R -11) Use and Zoning South: Single -family homes; ( R -11) East: Morning Star Baptist Church/ Single- family homes; ( R -11) West: Armistead Heights/ Single- family subdivision; ( R -9) R -11 Legend $ Cwe¢ 4enAU ee Mneevwmenua iTE — i Ihln1RF4RM R. p- y I —. Qr @ 5mdmiemkeeaeema4 Undeeee wb Exists_ Land Use 1 J _..__._ I}, J .._.. J/ __.... _ .._. Zoning_-- IM Policy Hampton Community Plan (Adopted February 2006, as amended) The Hampton Community Plan recommends low density residential land use at this site. see land use m bedow Low density includes a recommended density of 3. 5 to 9 units  ReaoatngApplication No. 1235 _ _ _ _ _ _ _ STAFF EVALUATION per acre _ As indicated on the Plan' s land use map, single -family residential should be the prevailing land use pattern on this portion of Butler Farm Road. In the Housing and Neighborhood section of the Community Plan, there is a list of general objectives or best practices. The first is to promote infill housing that ensures the design and quality of Will housing enhances the value of surrounding structures and the neighborhood. ( HN -20) Second, to promote a high level of property maintenance by both public and private property owners. Additionally, it encourages the protection of wetlands from the impacts of new development and redevelopment as required by local,. State, and Federal environmental laws and regulations. ( EN -23) Hampton Community Plan Land Use Map coMMUamvLna: I l RumlPonsry Reagentbl I Low OatalY RaldenGel Madum 6aosey ResideMlat ILA HO) Oen9tyRe9tlenlal 0 Su9noWndaIdd Is Comrrertlgl BIfTL L`P MgryM vbl MAAary MMadUW p Open & put putscCO * Ubm Site h dePry. fd!R , I so' SAN japai O i y, BAR ja 17 y "'.` naAO A I 14 0 PIC4y" Alu03 1 wa. aQ ! uan w. rt Aan iJ̀ a bltia p A7y AI2AJ, VA' s1PAI N AA, p e Prettminmy subdivision proposal dated RZNo. 1233 Site Plan Pt'ppwat Above is the current property owner' s preliminary subdivision proposal ( on the left), dated August S, 2006. However, the applicant will purchase this property contingent on rezoning approval. The proposed site plan ( on the right) provides a landscape maintenance easement on the western, eastern, and southern perimeter of the site. As permitted with the current zoning, R -11, there will be 15 lots and each lot will yield minimum dwelling sizes of 1700 square feet. Approximately . 17 ± ac of non -tidal wetlands will be preserved and only . 06 ± ac will be impacted. The proposed homes will be constructed with a combination of building materials, such as brick, wood, upgraded beaded vinyl, etc. ( see attached elevations) All homes will be fully landscaped by the developer prior to being put up for sale. A home owners association will enforce the aesthetic and lands standards of_th_ su_ the b_divisi_ on_.__ Proffers 1. Constructed in substantial conformance with the conceptual plan prepared by J. S. G. Development Consultants, P. C., dated October 19, 2006. 2. The developer will preserve the existing non -tidal wetlands and implement a storm water management area on a non - buildable lot, as indicated on the cone e plan, dated October 19, 2006 Page 2 of 5  Rezoning Application No. 1235 _ _ _ _ _ _ STAFF EVALUATION _ 3. The subdivision will be developed and the building improvements will be constructed in compliance with all of the R - 9 zoning district requirements with the sole exception of the following: o Minimum dwelling size will meet the R - 11 zoning district requirement of no less than 1700 square feet 4. The developer will install the following: ( as shown on the conceptual site plan, dated October 19, 2006) A 20" landscaped buffer and berm along the Butler Farm Road right of way A single row of evergreen trees ( on 10" centers) along eastern and western perimeter of the subdivision The storm water management area on the designated non - buildable lot 5. An easement will be dedicated to a homeowners association to maintain the following:( as shown on the conceptual site plan dated October 19, 2006) The 20" landscaped buffer and berm along Butler Farm Road The storm water management area on the designated non - buildable lot The existing non -tidal wetlands at the rear of residential lots 7 and 8 6. Berms shall consist of grass sod/ landscape mulch with large street trees on 40" centers) and streetscape shrubs 7. Fencing installation along the Butler Farm Road right of way shall be installed on the northern side of the berm. 8. All buildings initially constructed on the property will be substantially the same as the homes shown on the conceptual elevations, dated October 19, 2006. The Planning Director or his designee must review additional building elevations prior to the issuance of a building permit. Design review is required for all lots within the subdivision and all home building facades. 9. Lots within the subdivision shall not be further subdivided. Community On October 24, 2006 there was a community meeting at Machen Elementary School. Meeting Eleven people attended this meeting. A majority endorsed the proposal; however, the resident at 2713 Armistead Avenue was concerned with the property' s drainage. The applicant confirmed that all storm water run off would be maintained on site. Rezoning the property enables the applicant to provide a larger non -buildable lot for storm water management. Impact Analysis Traffic The existing traffic volume is approximately 5, 500 vehicles per day. Fifteen single family residents will generate 144 trips. The proposed development will not create any- traffic impacts Schools This property is within the Machen Elementary, Davis Middle, and Bethel High School zone. Below is the allotted capacity and current enrollment ( as of October 20, 2006) for each school. The architectural school capacity is the number of students the building would accommodate under the guidance and space allocation guidelines applicable at the time of construction. Machen Elementary Enrollment: 520 students Capcity: 660 20 Sacremento Dive Davis Middle Enrollment: 991 students Capcity: 1475 1435 Todds Lane Bethel High Enrollment:] 638 students Capcity: 2000 1067 Big Bethel Road Page 3 of 5 Iiezoni A.. pplicatlon No. 1235 .-........_ ........... .... ...._. ........_...__._.._..___.__ STA" EVALUATION ....___....--- ...... As indicated above, the schools are currently operating below capacity. The proposal is projected to generate approximately five additional children; thus resulting in no Environment Wetlands and Storm Water The Army Corps of Engineers has confirmed non -tidal wetlands are onsite. There is approximately . 25 ac of non -tidal wetlands; . 19 ± ac will be preserved and . 06 ± ac will be impacted. The drainage area calculations of impervious areas are less than 34 %, which is the City' s default; thus a water quality B.M.P is not required. However, the applicant will provide a stormwater detention area to handle post development run -off on site. Prior to submitting a preliminary subdivision, the applicant will meet with Land Development Services staff to further discuss the wetlands and stormwater issues. Noise Contours This proposal is within the Langley Air Force Base noise contours zone ( level 70). The ordinance requires the doors and windows to have a Sound Transmission Coefficient ( STC) rating no less than 33, and the STC rating for exterior wails and roof assemblies to be no less than 44. The STC provides the ability of material to deaden" the passage of sound through it and the higher the number to better the material impedes sound movement. The applicant will comply with the required building code standards. U' n 7 MCac1L7C{ O ap wQ r-_ Q)DUD 11 0 aa F Lan{7iryr Noise 4nun; rJ 70 0 717r_10 Cl U 76 oil 86 ra_ Qt1 q' Uti l2ieS The 8[ te clllrcully has liu ttcrr lu water or all exis'lilllg sewage line. The developer will provide both during the d clo ment stage Analysis This proposal is to rezone 78 Butler Farm Road from R -I 1 ( One -Family Residence District) to R -9 One Family Residence District). The site, which is currently vacant, is approximately 4.75 acres. Under the current zoning, R -11, the developer could subdivide the property into 15 single family lots. Rezoning to R -9 typically permits a higher residential density; however, the applicant is not rezoning to increase density, but to minimally impact the existing non -tidal wetlands. This rezoning is in conformance with the Hampton Community Plan and is compatible with the surrounding area and zoning. The Hampton Community Plan recommends low- density residential use at this site. Residential is the prevailing zoning and land use in this area. The housing supply goals of the Plan promote infill housing which ensures that the design and quality of infill housing enhances the value of surrounding structures and the neighborhood. The developer anticipates the homes will sell for an average of $300,000. Additionally, the Plan encourages protecting wetlands from the impacts of new development and redevelopment as required by local, State, and Federal environmental laws and regulations. Page 4 of 5 Rezoning Application No. 1235 STAFF EVALUATION The current property owner, Frank Fratzke, submitted a preliminary subdivision dated August 18, 2006. ( see site plan section) The applicant will purchase this property contingent on rezoning approval. By- right, the current property owner could expect to build approximately 15 homes on this property. The applicant has agreed to the same number and has agreed to nine ( 9) proffers. These voluntary proffers were established to ensure a high quality development and to ensure minimal environmental impacts. The current property owner is not bound by such agreement; thus making the rezoning more favorable. The Army Corps of Engineers has confirmed non -tidal wetlands are onsite. The applicant has agreed to maintain the majority of the existing non -tidal wetlands, as indicated on the site plan, dated October 19, 2006. Although a Quality BW is not required, the developer will implement a stormwater detention area to handle post development run -off. Prior to preliminary subdivision submission, the applicant will meet with Land Development Staff to further discuss the wetlands and stormwater issues. Because the site is in the Langley Air Force Base noise contours, the applicant must comply with the required building code standards to minimize the noise levels. The proposed rezoning of 78 Butler Farm Road is consistent with the Hampton Community Plan and is compatible with the surrounding land uses. Most importantly, this request contributes to the City' s effort in implementing infill housing that ensures the design and quality enhances the overall value of the surrounding structures and neighborhoods. Staff Recommends approval of Rezoning Application No. 1235 with nine ( 9) conditions, as it conforms to the land use recommendations ofthe Hampton Community Plan. Page 5 of 5 a n BUTLER. FARM ROAD MODEL 10/ 19/; 6  F ilk I ( l_ 1I1 IIL1`{. I i li ill III I ; I II II Cpl I 1 1111 1. 1111 II Jfi li l CIll l ktix 1.• r ry ri . t k n, iV t l 46 Y4 I''•' 4 4' 1 b P R- yy F IN ii I no FRONT ELEVATION BUTLER FARM ROAD MODEL n to /23/ o6  AMU r amm BUTLER FARM ROAD MODEL la / is /as  Ail . BUTLER FARM ROAD MODEL 02 lo/ 23Ic6 0 0 SECOND FLOOR PLAN BUTLER FARM ROAD MODEL 10/ 22/ 06 RECEIVED SECOrD FLOOR 6 CElu(G I DGHT  NNSTER BET7R9CM OCREU, M $ Q1 wvu Wgm Cba3v 17w, 441, G45 FP WIN a i B91AIFPST NOOk LMN3 ROOM 12 ir) n , ii ' EB,ktwl ' C17TTLE CN3ET CERTLE CERTLE ffA.ilE wrcra 74 C4R7lE LE FOYER SQ.SQ. FOOTAGE FOOTAGE ANALYSIS ANALYSIS wurowom A FIRST FLOOR. SECOnD SECOnD FLOOR FLOOR lass SF. 660 660 SF.SF. gNHG ROOM OPT. ® ONL6 ROOM 462 SF_ 174 UT GARAGE: 509 509 SF.SF. HAFMOM GARAGE 27a' 1Qi8" FRONT PORCH: 50 SF. COVERED PORCH: 114 114 SF SF TOTALTOTAL LIVINGLIVING SPACE :SPACE : 21582158 SFSF RRST RRST FLOOR FLOOR PLAN PLAN RECEIVED BUTLER BUTLER FARM FARM ROAD ROAD MODEL MODEL FlRST FlRST FLOG?FLOG? 9'9' CMWS CMWS roaff roaff fonamm fonamm OCT 2 4 NO PARTIAL PARTIAL PLAN (PLAN ( @@ FRC)FRC) NTLOAD NTLOAD GARAGE GARAGE 0 0 I% L . II 1 1-' Il BUTLER FARM ROAD MODEL * 2 10 / 22/ 06 RECEIVED N ; -. m F e. 11 OCT 2 =1 u SQ. FOOTAGE ANALYSIS FIRST FLOOR 1238 SF. SECOND FLOOR: 1036 SF. OPEN TO BELOW_ 166 SF. GARAGE 615 SF. FRONT PORCH: 88 SF SCREEKID PORCI - t 722 SF. TOTAL LIVING SPACE 2274 SF_ SUTLER FARM RTOAD MODEL # 2 FIRST FLOOR 9 CFiLnG t-nCHT 16/ 22/ 06  nwnnvv NORTH sirt z S low SITE VICINITY MAP I F- CT 7 _ f AREA a T r If I( Bfiif ^ DEVELOPER FULCO DEVELOPMENT, INC, Buiu: M FULCO CONSTRUCTION, INC. PROPOSED 8V LE 15 SINGLE FAMILY RESIDENCES R 7 LOCATED AT: 75 BUTLER FARM ROAD hIAMPTON, VA Fs vrmE a. a* nsrsae MMUIBWW' EEIT PRELIMINARY SUBOMSION PLAN w+ snm - os S.C. DEVELOPMENL CONSULTANT' S, B. 0 vxv..n.oeu 5 a...... cewe ten' rxer.  0.14 ac 0.05 ac View of Delineated Wetlands and Data Stations N Butler Farm Road Map Key Hampton, Virginia Environmental Specialities Group, Inc. Property Boundaries 11836 Fishing Point Drive, Suite 100 Newport News, Virginia 23606 1: 1200 Wetland Boundaries Office: ( 757) 59 & 7501 Fax: ( 757) 599- 7509 4; 1 Data Stations Drawn: KS Proleaik 7501 7501- gt- rec -g23 Checked: JS Date: 9120ro5 Revised: