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					MATHEWS GREEN
ASSOCIATES, LLC
Agenda Item 3
September 12, 2007 Public Hearing

Staff Planner: Karen Prochilo


REQUEST:
Change of Zoning District Classification from
R-20 Residential District with a PD-H2 Overlay
to P-1 Preservation District.


ADDRESS / DESCRIPTION: Property located at 2217 Mathews Green.

GPIN:                           COUNCIL ELECTION DISTRICT:             SITE SIZE:
24049499480000                  7 – PRINCESS ANNE                      Total Site:49.32 acres
                                                                       Proposed P-1 site: 20.73 acres




                                                                      SUMMARY OF REQUEST
The applicant proposes to rezone a portion of the newly rezoned R-20 property with a PD-H2 overlay to
P-1 as required in the proffers of the Conditional Rezoning for the entire parcel approved by City Council
on August 22, 2007. As part of that rezoning, the applicant proffered the dedication of the portion of
property being rezoned P-1 to the City of Virginia Beach for open space. In addition, the applicant is to
donate additional property to Nimmo Church with the realignment of Princess Anne Road.



                                             LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped rural residential site currently in the process of site plan approval for a
residential subdivision. The portion oft he property that will be used for the residential dwellings is currently
being cleared for the installation of the infrastructure.

SURROUNDING LAND                North:
USE AND ZONING:


                                            •    Across Veterinary Way is a veterinarian’s office and a 7-Eleven
                                                 / B-1A Limited Community Business District and B-2
                                                 Community Business District
                                            •    Across Princess Anne Road is Nimmo Church and rural

                                                           MATHEWS GREEN ASSOCIATES, LLC
                                                                            Agenda Item 3
                                                                                  Page 1
                                                residential / O-2 Office District, R-20 Residential District and
                                                AG-2 Agricultural District
                              South:        •   Single-family residential and undeveloped agricultural land / R-
                                                20 Residential District and AG-1 & AG--2 Agricultural Districts
                              East:         •   Undeveloped agricultural land / AG-1 & AG--2 Agricultural
                                                Districts
                              West:         •   Single-family residential / R-20 Residential District

NATURAL RESOURCE AND
CULTURAL FEATURES:                     The majority of the portion of the site to be rezoned to P-1 is treed.

AICUZ:                                 The site is in an AICUZ of 65 dB Ldn to 70 dB Ldn surrounding NAS
                                       Oceana.
                                       Open space (P-1 Preservation Use) is compatible to this AICUZ.



                                                                IMPACT ON CITY SERVICES
There are no significant impacts to City Services with this rezoning.

PARKS AND RECREATION: It is recommended that the proposed Open Space / Preservation Area be
dedicated to the City since this ensures that the Transition Area Buffer along the Princess Anne Road
Realignment and the trail system will be coordinated.




                                           EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request.

Evaluation:
This application completes a requirement from the previous conditional rezoning of the proposed
property, approved August 22, 2006. The proffers requiring the dedication and rezoning of the 20.73
acres of open space are as follows:

PROFFER 10:
Grantor shall dedicate the area shown on the Conceptual Plan as “Open Space / Preservation Area” (the
Preservation Area”) to the City of Virginia Beach, no later than thirty (30) days after the issuance of the first
building permit within Grantor’s development. The Preservation Area shall be subject to restrictive covenants
recorded which prohibit the use of such area for any purposes other than open space use or passive
recreational uses, such as hiking trails, walking paths, or other similar uses which do not detract from the
forestral nature of the Preservation Area. The restrictive covenants shall run with the land and be in full force
and effect for a period of at least fifty (50) years. The covenants shall become part of the deed dedicating the
Preservation Area to the City of Virginia Beach. The covenants shall be approved by the City Attorney, or his




                                                           MATHEWS GREEN ASSOCIATES, LLC
                                                                            Agenda Item 3
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designee.

PROFFER 11:
Grantor shall file and obtain approval of a rezoning petition to rezone the Open Space Area to P-1
Preservation District, as defined in the CZO, prior to the approval of any subdivision plat within Grantor’s
development or the issuance of a building permit.

NOTE:
There is an issue regarding the installation of an emergency gate where Kindling Hollow Road ends in the
adjacent residential neighborhood. This gate would allow a proposed emergency access through the
designated open space to connect with Mathews Way. The developer is agreeable to providing the
emergency access gate but the emergency access path has not been established. While this is not a
requirement of the proffers of the 2006 rezoning, it was agreed to by the applicant. The details are still
being worked out.




                                                           MATHEWS GREEN ASSOCIATES, LLC
                                                                            Agenda Item 3
                                                                                  Page 3
   AERIAL OF SITE LOCATION

MATHEWS GREEN ASSOCIATES, LLC
                 Agenda Item 3
                       Page 4
SITE PLAN SHOWING APPROVED SITE LAYOUT AND
                           P-1 ZONING AREA

                 MATHEWS GREEN ASSOCIATES, LLC
                                  Agenda Item 3
                                        Page 5
                    1              7 8 36
                    5                                                            4

                                     9                                           2




1   10/12/04   Modification to Conditional Use Permit for church       Granted
    06/26/90   Conditional Use Permit for Church                       Granted
2   08/05/03   Conditional Use Permit for bulk storage area            Granted
3   11/27/01   Conditional Rezoning from R-20 to AG-2                  Granted
4   12/05/00   Conditional Use Permit for auto service establishment   Granted
5   11/24/98   Modification of Conditions                              Granted
    03/26/90   Conditional Rezoning from R-20 to B-1A                  Granted
6   11/24/95   Conditional Use Permit for home occupation              Withdrawn
7   10/23/89   Conditional Rezoning from R-20 to O-2                   Granted
               Reconsideration of CRZ from R-3 to O-1
8   04/25/88   Street Closure                                          Granted
9   08/27/86   Downzone to AG-1/ AG-2                                  Granted


                                                      ZONING HISTORY

                                           MATHEWS GREEN ASSOCIATES, LLC
                                                            Agenda Item 3
                                                                  Page 6
   DISCLOSURE STATEMENT

MATHEWS GREEN ASSOCIATES, LLC
                 Agenda Item 3
                       Page 7