9June 8, 2011 Public Hearing

APPLICANT / PROPERTY OWNER:

LAWSON HALL ASSOCIATES, LLC

STAFF PLANNER: Faith ChristieREQUEST: Modification of Conditional Change of Zoning approved by the City Council on May 23, 2006 ADDRESS / DESCRIPTION: 5525 Lawson Hall Rd. GPIN: 14683726720000

ELECTION DISTRICT: BAYSIDE

SITE SIZE: 7.23 acres

AICUZ: Less than 65 dB DNL

SUMMARY OF REQUEST The applicant is requesting a modification to Proffers 2 and 4 of the existing conditional zoning agreement. With regard to Proffer 2, the applicant is requesting permission to install a 4-way stop at the intersection of Lawson Hall Road and Lambdin Arch, purportedly as a “traffic calming” measure. Proffer 4 requires “…that every occupied residential unit be occupied, on a full time basis, by at least one (1) adult resident over fifty-five (55) years of age. The Deed Restriction shall also prohibit persons less than twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year.” The applicant insists that the community now cannot be developed with this age restriction due to changes in the housing market. The applicant still plans to develop the site with 65 multi-family units which will be a mix of duplex, four-plex, and townhouse style arrangement. The proposed buildings are positioned so the front facades abut a wooded, landscaped or open space area. All parking is proposed between the buildings. The applicant has taken care to position the proposed units to save as many of the mature trees and vegetation on the site as possible. The existing wooded and vegetative areas around the perimeter of the site will be protected and retained. Lawson Hall Associates, LLC Agenda Item 9 Page 1

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There is no change to the proffered site development plans or to the exterior design of the 3-story, transitional style elevations. Architectural details include arched pediments over the entries, covered second floor porches and colonial style windows. Building materials consist of red brick, simulated cedar shakes in tan, taupe, gray and gray-green. The gables will have diamond, scalloped and fish scale simulated shake in similar colors. The trim will be white. The roof will consist of asphalt shingles in charcoal, pewter, slate, brown or gray-green. The application continues to proffer the retention and renovation of the existing homestead, Lawson Hall, and the existing greenhouse and formal gardens as an amenity on the site. The home, which was constructed in 1914, will be used by the homeowners as their community center and offices. Several outbuildings from the previous farming era also continue to occupy the site. The Conditional Rezoning from R-10 Residential District to Conditional A-12 Apartment with a PD-H2 Planned Development Overlay District was approved by the City Council on May 23, 2006. The Conditional Rezoning has the following nine proffers: PROFFER 1: When the Property is developed, the entrance, streets, trails, landscaping and fencing shall be substantially in accordance with the “Concept Plan ‘A’ LAWSON HALL”, dated June 9, 2005, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (“Concept Plan”). PROFFER 2: Vehicular Ingress and Egress shall be via one (1) curb cut from Lawson Hall Road and the Grantor shall dedicate the necessary right of way and construct a right-turn lane on Lawson Hall Road at its intersection with Diamond Springs Road. PROFFER 3: When the Property is developed, there will be no more than sixty-five (65) residential condominium units, each of which shall have a garage, within eighteen (18) buildings as depicted on the Concept Plan. PROFFER 4: The Grantor shall record a Declaration of Restrictions (“Deed Restriction”) as a condition of Site Plan Approval, which shall be applicable to the Property. The Deed Restriction shall be enforced by a Condominium Association, which will be responsible for maintaining the Property and enforcing the provisions the Condominium Declaration governing the Property. The Deed Restriction shall require that every occupied residential unit be occupied, on a full time basis, by at least one (1) adult resident over fifty-five (55) years of age. The Deed Restriction shall also prohibit persons under twenty (20) years of age from residing in any residential unit or units for more than ninety (90) days in any calendar year. PROFFER 5: The Condominium Association shall own and maintain Lawson Hall as a community center and its offices. The Grantor shall renovate the building and furnish the community rooms. PROFFER 6: As a condition of obtaining Site Plan approval and commencing development, the Grantor shall submit a comprehensive Tree and Garden Preservation Plan to the Grantee’s Planning Director and Arborist for review and approval. The Grantor shall strictly adhere to these Preservation Plans throughout the development of this community. The Condominium Association shall be responsible for preserving the trees and gardens, and maintaining the Property post development. PROFFER 7: When the Property is developed, the entrance sign and perimeter fencing depicted on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled “LAWSON HALL

ENTRANCE AND FENCING PLAN”, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (“Fencing Plan”). PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by buildings, including porches, patios, balconies, or decks, drive aisles, parking areas, entrance features and fencing are open spaces which may only be utilized as such. Open spaces shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning District (“Preservation District”). PROFFER 9: 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. LAND USE AND PLAN INFORMATION EXISTING LAND USE: A single-family dwelling and several accessory structures occupy the site.

SURROUNDING LAND USE AND ZONING:

North: • Lawson Hall Road • Single-family residential / R-10 Residential

South: • Merner Lane • Single-family residential / R-10 Residential

East: • Diamond Springs Road • Single-family residential / R-40 Residential

West: • Merner Lane and Lawson Hall Road • Single-family residential / R-10 Residential

NATURAL RESOURCE AND CULTURAL FEATURES:

The property is within the Chesapeake Bay watershed, specifically within the Resource Management Area, the less stringently regulated portion of the Chesapeake Bay Preservation Area. Mature landscaping and large trees enclose the site, providing visual relief to the developed Bayside area. The property remains much as it has been over the last 100 years as home to a stately dwelling constructed in 1914, surrounded by a mix of hardwoods and pines with formal gardens. The applicant has taken care to position the proposed units to save as many of the mature trees and vegetation on the site as possible. The existing wooded and vegetative areas around the perimeter of the site will be protected and retained.

COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as being located in the Suburban Area. The Suburban Area has the following general characteristics: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi-family units; low-intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system.

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The Comprehensive Plan contains policies to guide and protect the future physical character of the Suburban Area, the overriding objective of which 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, 2).

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CITY SERVICES

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road in the vicinity of this application is considered a 4-lane divided minor suburban arterial. The MTP proposes a facility within a 150 foot right-of-way. Currently, this segment of roadway is functioning under capacity at a Level of Service “C” or better. Lawson Hall Road in the vicinity of this application is considered a 2-lane undivided collector/local street. It is not on the MTP. There are no CIP projects slated for this area. TRAFFIC:

Street Name Present Volume Present Capacity Generated Traffic

Diamond Springs Road

19,702 ADT 1 28,200 ADT 1 (max. Level of Service “C”) 30,600 ADT 1 (max.

Level of Service “D”) - Capacity

32,800 ADT 1 (Level of Service “E”)

Existing Land Use 2 –241 ADT

Proposed Land Use 3 – 381 ADT

Lawson Hall Road No counts are available for this roadway.

1 Average Daily Trips 2 as defined by age restricted condos – 65 units

3 as defined by typical residential condos – 65 units• PUBLIC WORKS -TRAFFIC:

Traffic Engineering is not in favor of the approval of the portion of Proffer #2 which states, “When the Property is developed, the Grantor shall install four (4)-way stop signs at the entrance to Lawson Hall,” as installing a 4-way stop (also known as multi-way Stop signs) for the purpose of traffic calming at this location is contrary to Federal guidelines, VDOT’s Traffic Calming Guide for Local Residential Streets, and even City policy. Additional detail is provided in the Evaluation section below.

WATER: This site must connect to City water. The site has an existing 1-inch water meter, which may be used or upgraded for the project. There is an 8-inch water main in Lawson Hall Road, and a 6-inch water main in Merner Lane.

SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #327 and the sanitary sewer collection system (on Lawson Hall Road), and Pump Station #336 (on Merner Lane) is required to ensure future flows can be accommodated. SCHOOLS:

School Current Enrollment Capacity Generation 1 Change 2

Bayside Elementary 453 527 15 15 Bayside Middle 977 1,070 8 8 Bayside High 1,842 1,708 10 10 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 This modification request includes: the elimination of the age restriction of 55 years and up, and the addition of a 4-way Stop sign at the entrance to the community. The request does not seek to change the approved layout or number of units for the proffered Lawson Hall project. When age restricted communities are evaluated, the general belief is that any increased density will have minimal impact on surrounding roadways and that there will be virtually no impact to school enrollment. As the request to remove the age restriction was not accompanied by a reduction in units, Staff was a bit cautious. The Suburban Area is where most of our stable residential areas are located. Preservation, renewal and enhancement of these areas are key goals of the Housing and Neighborhoods section within the Comprehensive Plan. The Plan states that the City should ensure that infill development of the remaining smaller tracts of land will be compatible with surrounding stable neighborhoods. While the dwellings are compatible, multifamily dwellings in this area of Diamond Springs Road are not the norm. The property is surrounded by single family dwellings on residentially zoned property ranging from R-10 to R-40 across Diamond Springs Road. Age restricted dwellings at this density and at this location was viewed favorably in large part due to furtherance of the Comprehensive Plan’s Housing and Neighborhood policy to allow and encourage housing for seniors in our community. With thoughtful consideration, Staff recommends approval of the removal of the age restriction. The favorable recommendation for this portion of the modification is deemed acceptable based on the following points: • The general flavor of the development remains intact, • The existing home, constructed in 1914, will remain a focal point available for use as community

space, • The excellent open space elements that were proffered with the original rezoning request also remain

intact, • The visual relief provided by the existing, old growth trees will remain “as much as possible,”

particularly around the perimeter of the site, • The quality building materials and elevations remain as part of this proposed change, and, Lawson Hall Associates, LLC Agenda Item 9 Page 5

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• The mix of unit types and sizes provide a variety of price points thereby offering housing opportunities to several income levels.

It is the request to modify Proffer #2 that Staff does not support. The proposed installation of a 4-way Stop sign (also known as multi-way Stop sign) for the purported use as traffic calming is not acceptable. This sign installation does not support the federal guidelines within the Manual on Uniform Traffic Control Devices (MUTCD), VDOT’s Traffic Calming Guide for Local Residential Streets, or City policy. Multi-way Stop installations are to be used under strict circumstances. Wrongly placed multi-way Stop signs can actually exacerbate problems rather than provide a safety benefit, similar to ill placed traffic signals, if not installed at proper locations. Based on this, the City has made it a policy to not install multi-way Stop signs unless the criteria in the MUTCD and VDOT are met and the problem cannot be solved through other conventional means. The Federal guidelines found in the “Manual on Uniform Traffic Control Devices (MUTCD),” states that a Stop sign should not be used for speed control. In fact, multi-way Stop signs are located only after careful study that addresses:

• Is a traffic signal warranted? If so, a multi-way Stop can be used as an interim measure until the signal is installed.

• Is there a history of reported crashes at this intersection? If the crashes meet the specified volume/time threshold and are susceptible to correction by a multi-way Stop, then a multi-way Stop can be used.

• Is the volume of traffic, including vehicular, pedestrian, and bicycle, on the intersecting roads approximately equal during the same peak hours?

• Are there high pedestrian volumes conflicting with vehicles? • Are there sight distance issues?

VDOT’s Traffic Calming Guide follows the same general criteria as the MUTCD for multi-way Stop installations; however, the thresholds are more stringent. These criteria, among others, are all studied by the City when considering the appropriate course of action for traffic calming issues. If speeding is a concern with the neighborhood residents, the City has an established “Traffic Calming Program” to deal with this issue. This program was designed to, “….address speeding conditions in residential neighborhoods on streets classified as local or residential roads.” According to City records, the neighborhood has not applied for the program as of this date. An official request must be submitted to Public Works/Traffic Engineering for an official evaluation. Refer to www.vbgov.com under Public Works/Traffic Engineering for additional information on this program. Staff does not recommend approval of the addition of a 4-way Stop sign as proffered in the modified conditional zoning agreement as Proffer 2; however, Staff does recommend the modification of Proffer 4 that eliminates the age restriction to homeownership. The proffers are 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.

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PROFFER 1: When the Property is developed, the entrance, streets, trails, landscaping and fencing shall be substantially in accordance with the “Concept Plan ‘A’ LAWSON HALL”, dated June 9, 2005, prepared by Porterfield Design Center, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (“Concept Plan”). PROFFER 2: Vehicular Ingress and Egress shall be via one (1) curb cut from Lawson Hall Road and the Grantor shall dedicate the necessary right of way and construct a right-turn lane on Lawson Hall Road at its intersection with Diamond Springs Road. When the Property is developed, the Grantor shall install four (4) way stop signs at the entrance to Lawson Hall. PROFFER 3: When the Property is developed, it shall be a mandatory membership residential condominium. There will be no more than sixty-five (65) residential condominium units, each of which shall have a garage, within eighteen (18) buildings as depicted on the Concept Plan. PROFFER 4: The Condominium Association shall own and maintain Lawson Hall as a community center and its offices. The Grantor shall renovate the building and furnish the community rooms. PROFFER 5: In addition to incorporating and including the necessary terms, provision and conditions which comply with the mandates of the Virginia Condominium Act (Sec55-79.39 et seq.), the Condominium Declaration and By-laws for Lawson Hall which govern the community shall contain the following specific conditions, restrictions, rules and regulations concerning “Leasing,” “Appearance,” “Noise,” “Access and Parking” and “Pets” as set forth in the “Partial Lawson Hall Rules and Regulations” dated March 29, 2011, a copy of which has been exhibited to the Virginia Beach city Council and is on file with the Virginia Beach Planning Department. PROFFER 6: As a condition of obtaining Site Plan approval and commencing development, the Grantor shall submit a Comprehensive Tree and Garden Preservation Plan to the Grantee’s Planning Director and Arborist for review and approval. The Grantor shall strictly adhere to these Preservation Plans throughout the development of this community. The Condominium Association shall be responsible for preserving the trees and gardens, and maintaining the Property post development. PROFFER 7: When the Property is developed, the entrance sign and perimeter fencing depicted on the Concept Plan shall be constructed substantially in accordance with the exhibit entitled “LAWSON HALL ENTRANCE AND FENCING PLAN”, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (“Fencing Plan”). PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by buildings, including porches, patios, balconies, or decks, drive aisles, parking areas, entrance features and fencing are open spaces which may only be utilized as such. Open spaces shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning District (“Preservation District”).

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PROFFER 9: Upon its recordation, the First Amendment to the Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2006 Proffers. 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. STAFF COMMENTS: The proffers listed above are acceptable with the exception of the addition of a 4-way Stop sign proposed in proffer #2. The City Attorney’s Office has reviewed the proffer agreement dated March 29, 2011, 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 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.

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AERIAL OF SITE LOCATION

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PROPOSED SITE PLAN

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# DATE REQUEST ACTION 1 05/23/2006 Rezoning (R-10 to PD-H2 with underlying A-12 ) Approved

1

ZONING HISTORY

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DISCLOSURE STATEMENT

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DISCLOSURE STATEMENT