Applicant Pungo Property, LLC Property Owner Back Bay Farms, Inc., Pungo Airfield, LLC & City of

44 Pages·2017·10.05 MB·English

Applicant Pungo Property, LLC Agenda Item
Property Owner Back Bay Farms, Inc., Pungo Airfield, LLC &
9
City of Virginia Beach
Public Hearing November 14, 2018
City Council Election District Princess Anne
Request
Conditional Rezoning (AG-1 & AG-2 Agricultural to
Conditional PD-H2 (R-20 Overlay), Conditional AG-1
Agricultural & Conditional B-2 Community Business)

Staff Recommendation
Denial (Due to an incomplete Preliminary
Stormwater Analysis)

Staff Planner
Jimmy McNamara

Location
1833 & 1848 Princess Anne Road & adjacent parcels
GPINs
2413142116, 2413154058, 2403937330 & a portion

of 2403923640

Site Size

122.40 acres

AICUZ
65-70 dB DNL; Sub-Area 2
Watershed
Southern Rivers

Existing Land Use and Zoning District
Horse farm, wooded, abandoned airfield / AG-1 &
AG-2 Agricultural

Surrounding Land Uses and Zoning Districts
(Parcel I)
North
Single-family dwellings / AG-1 & 2 Agricultural
South
Indian River Road
Single-family dwellings, mobile home, horse farm,
VBPD Mounted Patrol facility / AG-1 & AG-2
Agricultural
East
Princess Anne Road
Abandoned airfield, restaurant, single-family
dwellings, automobile repair shop, bank / AG-2
Agricultural & B-2 Community Business
West
Wooded / AG-1 & AG-2 Agricultural

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Surrounding Land Uses and Zoning Districts
(Parcel II)
North
Cayman Lane
Single-family dwellings / Conditional PD-H2 (R-30
Overlay)
South
Restaurant, single-family dwellings, automobile repair,
bank / AG-2 Agricultural & B-2 Community Business
East
Abandoned airfield / AG-1 Agricultural
West
Princess Anne Road
Cultivated field, horse farm / AG-1 & AG-2 Agricultural

Background and Summary of Proposal

• The subject site is comprised of four parcels totaling 122.40 acres that are bisected by Princess Anne Road, and
are north of the Indian River Road and Princess Anne Road intersection at “Downtown Pungo.” The applicant
proposes to rezone the properties from AG-1 and AG-2 Agricultural District to Conditional PD-H2 (R-20 Overlay)
(82.00 acres), Conditional AG-1/AG-2 Agricultural District (33.6 acres), and Conditional B-2 Community Business
District (6.80 acres) in order to develop the Harvest Farms community with up to 116 new homes and four
commercial parcels.

• The concept plan depicts two parcels, Parcel 1 on the west side of Princess Anne Road and Parcel 2 on the east
side of Princess Anne Road. Parcel I totals 71 acres and is partially wooded and is currently developed with a
horse farm with a large barn, and horse trails and pasture. Up to 65 new residential lots with agriculturally-
related open space, such as neighborhood gardens and equestrian activities, are all proposed on Parcel I. Three
commercial properties along Princess Anne Road, and one commercial site along Indian River Road are also
depicted on the concept plan on Parcel I.

• A City-owned parcel that once served as a railroad right-of-way bisects the property. As part of the overall
project, the applicant intends to purchase the portion of the parcel within the boundary of Parcel I and
incorporate it into the open space programming. This 1.10-acre, rectangular shaped property is encumbered
with a Dominion Virginia Power easement. Due to the dimensions of the easement, the property cannot be
counted towards residential density.

• Proposed Parcel II, which is comprised of nearly 51 acres, served as the Pungo Airfield during World War II. Post
war, the naval airfield was abandoned, subdivided and sold to multiple property owners. Remnants of the
airstrip remain, and the vacant parcel is overgrown with vegetation. Up to 51 new residential lots are proposed
on Parcel II, along with open space amenities such as trails, neighborhood gardens and central green spaces. No
commercial properties are proposed on Parcel II.

• While the overall acreage of the project is 122.40 acres, per the requirements of the City Code, the land area
associated with the proposed commercial parcels cannot count towards residential density, with the exception
of the required buffer (Design Guideline 5.5); and land within utility easements wider than 20 feet, and land
within City-defined wetlands also cannot be counted towards residential density. Based on the presence of City-
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Agenda Item 9
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defined wetlands (1.40 acres) and a 66-foot wide Dominion Virginia Power easement (1.90 acres), the density
for the community is derived from 113.40 acres of density eligible land. As 116 residential units are proposed on
113.40 acres, the resulting density is 1.02 units per acre. A comparison of the overall acreage and the acreage
counted towards density is presented in the table below and in the Residential Density Exhibit on page 24.

Proposed Zoning Overall Acreage Density Eligible Acreage
Parcel I
Conditional PD-H2 (R-20 Overlay) 32.20 30.30*
Conditional AG-1 or AG-2 Agricultural 32.30 30.90^
Conditional B-2 Community Business 6.80 1.10+
Parcel II
Conditional PD-H2 (R-20 Overlay) 49.80 49.80
Conditional AG-1 or AG-2 Agricultural 1.30 1.30
1 2 2 . 4 0 a c r e s 113.40 acres
*1.90 acres located within a variable width easement over 20 feet in width that cannot be counted
^ 1.40 acres located within City-defined wetlands that cannot be counted
+ 1.10 acres of the total 6.80 acres of new commercial for the required roadway buffer and the multi-use trail that can be counted

• The 1.90 acres of property within the Dominion Virginia Power easement once served as right-of-way for the
Norfolk Southern Railroad company. In 1930, a lease was granted on the property to the Virginia Electric and
Power Company (now Dominion Energy) for a term of 99 years (expiring February 28, 2029) that allows for the
location of their equipment on the property. The applicant contacted Staff to pursue purchasing this property
for inclusion into the neighborhood for open space. Based on this, the City is party to the rezoning, specifically
for this 1.90 acre site. Sale of the property is subject to the City Council’s approval, which the Council will
consider concurrently, under separate cover, with the rezoning request.

• The proffered architectural style of both the residential dwellings and of the commercial buildings are depicted
in a “Development Guide” submitted with the application and identified in the proffer agreement. The
submitted elevations consist of five residential architectural styles titled Modern Farmhouse, Tidewater Art’s
and Craft’s, Modern Coastal, Tidewater Southern Coastal and Tidewater Colonial Revival. All of the home
designs feature front porches; varying roof lines; and a variety of high quality materials consisting of brick,
cementitious siding and trim, engineered wood siding, stone, stucco, architectural asphalt shingles, and standing
seam metal roof accents. These five architectural designs are a subset of the three home sizes and lots sizes
categorized as a Cottage Home, a Manor Home or an Estate Home. The details of the minimum square footage
of living area are described in the table below.

Lot Type Living Area Minimum Size Minimum Parking Area Garage Required
(Square feet) (Square feet)
Cottage Homes 1,900 400 N/A
Manor Homes 2,500 N/A 2-car
Estate Homes 3,100 N/A 2-car

• As recommended by the Comprehensive Plan, these homes will be on a variety of lot sizes; however, the
preferred minimum lot size of 15,000 square feet will not be achieved. The details of the minimum lots sizes are
described in the table below.

Lot Type Minimum Lot Size Parcel I Parcel II Total
(Square feet) (Total number of lots) (Total number of lots) (Parcel I & II)
Cottage Homes 5,750 16 0 16
Manor Homes 8,400 43 20 63
Estate Homes 10,800 6 31 37

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• The submitted elevations for the commercial buildings depicts architectural features that one might expect
within a rural commercial node. Details of the proposed commercial buildings include small scale structures with
varying roof lines; high quality materials, such as brick, stone, cement fiber, stucco, cedar shake, etc.; and
accents such as dormers, awnings and front porch features.

• The proffered concept plan depicts 6.80 acres for commercial uses. Three new commercial properties to be
rezoned to B-2 Community Business District proposed along portions of the west side of Princess Anne Road and
one new B-2 zoned property is proposed along the north side of Indian River Road. As is recommended by the
Transition Area Design Guidelines (Design Guidelines), a 50-foot wide roadway buffer is proposed along the
rights-of-way for each of the commercial properties. A 10-foot wide multi-use path is depicted on the proffered
concept plan along the eastern side of Princess Anne Road. The applicant has stated the intention to develop
the commercial properties with neighborhood oriented uses such as farm-to-table restaurants, a farmers’
market, a general store, and a Montessori school. It is the applicant’s desire to create a walkable residential
community with a strong connection to the commercial uses. To ensure this synergy, the submitted proffers
specifically prohibit uses such as funeral homes, automobile repair garages, and dry-cleaning establishments. All
other uses not strictly prohibited will be permitted as a matter of right subject to the provisions of Article 9 of
the Zoning Ordinance for the B-2 Community Business District.

• The percentage of open space proposed for the project exceeds the minimum of 50% recommended in the
Design Guidelines. A total of 68 acres or 58.80% will be set aside as open space in the form of central greens,
neighborhood farms, wooded areas, stormwater management ponds, children’s imagination areas, sensory
stations, athletic fields, playgrounds, nature trails, multi-use paths, equestrian center, neighborhood gardens,
athletic fields, neighborhood performance centers, and dog park. All open space areas will be maintained by the
homeowners’ association.

Parcel I Parcel II Total
Open Space Proposed in Acres 42.6 25.4 68
Percentage of Open Space Proposed 60% 50% 58.8%

• The 20-stall horse barn currently located on Parcel I will be the focal point for the equestrian center mentioned
above. According to the proffers, ownership of the equestrian center will be transferred to the homeowners’
association, which will assume all responsibility for the maintenance and operation of the facility.

• Areas designated on the concept plan as a “neighborhood farm” are located on both Parcel I and Parcel II.
According to the applicant, the homeowners’ association will contract with a local farmer to oversee farming
activities on those sites. Homeowners will be able to participate in the growing of produce to the extent they
wish.

• A portion of Parcel I and all of Parcel II are located within the 65-70 dB DNL noise zone, Sub-area 2. The
applicant met with the Joint Review Process (JRP) Group to discuss the proposed project. The Zoning Ordinance
states that applications for rezonings for residential uses may be approved if they are at a density that is similar
to or lower than that of surrounding properties, and conforms to the applicable provisions of the
Comprehensive Plan. Upon review of the current proposal, the JRP Group has determined that the subject
request conforms to both of these standards and does not object to this request.

• A Phase I Environmental Site Assessment was submitted with the application. The assessment states that there
is “no evidence of specific Recognized Environmental Conditions in connection with the subject property.” It
adds that “Current site operations do not pose a significant concern based on the site visit and interviews.” The
report added that several potential environmental concerns were identified related to former airport operations
including fuel storage and aircraft maintenance. However, “a prior Phase II in several of the suspect areas did
not find significant contamination, but could not rule out the possibility that impacts may have occurred in other
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areas from former airport activities.” The report ultimately recommended “no further action be taken with
respect to the environmental integrity of the subject property at this time.”

• As part of the submittal, the applicant provided the required Traffic Impact Analysis report which was reviewed
and accepted by Public Works Traffic Engineering Staff. The report detailed necessary traffic improvements to
maintain Level of Service as it currently exists today. Proffered improvements include the addition of left and
right turn lanes on both Princess Anne and Indian River Roads in conjunction with the future points of ingress
and egress. Traffic Engineering accepted the recommended improvements that are included in the proffers as
required roadway improvements, with the exception of the recommended installation of a traffic signal at the
Seaboard Road/Princess Anne Road intersection. Traffic Engineering does not believe that the signal will be
warranted at full buildout of the project.

• The applicant appeared before the Transition Area / Interfacility Traffic Area Citizen’s Advisory Committee
(TA/ITA CAC) at the July 5, 2018 meeting. At that time, the proposed development included 164 lots (nearly 1.5
units per acre) and 16.3 acres of commercial property. Staff provided updated information and materials to the
TA/ITA CAC, which were reviewed at the November 2nd meeting.

• Section 1.4 (Princess Anne Commons & Transition Area) of the Comprehensive Plan references Southern
Watershed Subject to “Special Drainage Considerations.” It states “Drainage in the Southern Watershed is
highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in
downstream receiving waters. Therefore, it is incumbent upon the developer of any property in the Southern
watersheds to understand and evaluate these factors prior to undertaking the project and to properly account
for these factors in the project design.” In addition, the Comprehensive Plan goes on to state, “Accordingly, it is
recommended that the developer has a preliminary drainage study prepared by a qualified professional
engineer in advance of any request to approve a discretionary development that involves land disturbance in
the Southern Watershed. The drainage study should fully and accurately evaluate the effects of the foregoing
factors on the planned development and on upstream and downstream areas. The proposed drainage system
for the planned development would provide positive drainage that meets City standards and does not result in
flooding within the planned development or to upstream or downstream areas.” The applicant has continued to
work with Staff from both the Planning Department, Development Services Center and Public Works Center for
Stormwater Excellence in order to develop a system that meets the requirements set forth by City and State
regulations. Up to this point, no such study has provided conclusive evidence that the proposed stormwater
system has the potential to comply with the stormwater requirements set forth for this site.

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Zoning History
# Request
9 1 CUP (Commercial Kennel) Approved 12/09/1997
CUP (Animal Hospital) 07/07/1992
CUP (Horse Boarding) Approved 03/27/1989
2 CUP (Communications Tower) Approved 08/14/1990
3 CUP (Museum and Art Gallery) Approved 10/14/2003
4 CUP (Assembly Use) Approved 02/22/2017
5 CUP (Assembly Use) Approved 10/19/2016
8
6 CRZ (B-2 & AG-2 to Conditional B-2) Approved
1
04/24/2012
CUP (Automobile Service Station) Approved 04/24/2012
7 CUP (Automotive Detailing) Approved 07/11/2000
2 7 8 MOD Approved 09/24/2013
CUP (Outdoor Recreation) Approved 07/07/2009
3 5 6 CUP (Firewood Preparation) Approved 08/10/1993
4 9 MOD Approved 08/07/2018
MOD Approved 02/14/2012
CRZ (Conditional PD-H2 (R-30) & P-1 to Conditional PD-

H2 (R-30) & P-1) Approved 05/10/2005
CRZ (AG-1 & AG-2 to Conditional PD-H2 (R-30) & P1)
Approved 02/24/2004
STC Approved 02/24/2004

Application Types
CUP – Conditional Use Permit MOD – Modification of Conditions or Proffers FVR – Floodplain Variance
REZ – Rezoning NON – Nonconforming Use ALT – Alternative Compliance
CRZ – Conditional Rezoning STC – Street Closure SVR – Subdivision Variance

Evaluation and Recommendation

As the site is located within the Transition Area as designated by the Comprehensive Plan, Staff has reviewed this
request for conformance to the Transition Area Design Guidelines. Below is a summation of that analysis.

Development and Uses
The Design Guidelines call for high quality developments of low-impact, low-density residential; low-intensity,
neighborhood serving, non-residential uses, along with open space, recreational, agricultural farming and equestrian
uses. Avoidance of the Special Flood Hazard Area, minimum lot sizes of 15,000 square feet, use of buffers are also
recommended. In Staff’s view, the information provided in the proffer agreement, on the concept plan and within the
Development Guide addresses the majority of this section of the Design Guidelines. The resulting density will be 1.02
units per acre, the required buffers are proposed along the rights-of-way and adjacent to agriculturally zoned properties,
and no development is proposed on the flood prone areas of the site. The Guidelines state that lots of 15,000 square
feet are preferred; however, lots of less than 15,000 square feet may be appropriate if additional consideration is given
to active open space. In this circumstance, smaller clustered lots result in less distance to both open space and active
recreational areas (equestrian center, open play fields, multi-use paths) and all residential dwellings will be located
within one half of a mile to these amenities. While the location of the proposed commercial properties meet the Design
Guidelines, Staff recommends that the applicant consider additional restrictions on the non-residential uses identified in
the proffer agreement to ensure conformance with this recommendation.

Also, the Design Guidelines, as well as City’s Zoning Ordinance and Comprehensive Plan, address the need for new
development to adhere to the provisions of the Oceana Conformity Program, AICUZ provisions in the Zoning Ordinance.
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For new development in the higher noise zones, the Joint Review Process (JRP) Group determines whether proposals
comply with the applicable provisions of the AICUZ Overlay Ordinance (Article 18 of the City’s Zoning Ordinance) and are
compelled to report findings to the Planning Commission and to the City Council. As the applicant has reduced the
residential units by 48 from the initial concept submitted in February 2018, the JRP finds that this proposal is consistent
with the regulations for the 65-70, Sub-Area 2.

Design Principles
This section of the Design Guidelines recommend that low-impact development techniques and creative design are
implemented in order to minimize impervious surface and protect natural resource areas. This section also emphasizes
the use of stormwater management facilities and open space areas as design amenities. Recommendations regarding
architectural design and site layout for both residential and nonresidential buildings and sites are also provided. In
Staff’s view, the information provided in the proffer agreement, on the concept plan and within the Development Guide
addresses the majority of this section of the Design Guidelines. The proposed layout of the neighborhood and the
commercial properties incorporates strong focal points, large expanses of meaningful and useful open space, logically
located commercial sites, buffers as required, and interesting amenities, such as neighborhood gardening areas.

As Parcel I is predominately used as a horse farm, the vast majority of the site currently exists as a horse pasture, and
horse trails in the wooded area. In keeping with City regulations and recommendations of the Comprehensive Plan, no
new residential structures will be constructed within the Special Flood Hazard Area and the proposal keeps impervious
surfaces to a minimum as more than 50% of the site will be devoted to open space. The densely wooded area on the
western side of the Parcel I will remain virtually intact, with only six new home sites proposed in this area.

With regards to Parcel II, according to the applicant, it is currently developed with nearly 17-acres of impervious
concrete that served as the runways for the former Pungo Airfield. The proposal reflects a reduction in existing
impervious cover by nearly four acres. The existing large stand of mature trees along Princess Anne Road will be
preserved for a width of nearly 200 feet. Although the site has both wetlands and Special Flood Hazard Area on the site,
the proposed layout avoids placing dwellings, roadways, stormwater management facilities within these sensitive areas.

In accordance with this section of the Design Guidelines, 91 of the proposed 116 dwellings, or 78% of the new homes,
will be adjacent to or across the street from designated open space. The large stormwater ponds on both parcels will
serve as a visual amenity and focal point, with pathways for passive pedestrian use.

As recommended in the Guidelines, the architectural style of the residential units within the development reflects the
roof form and front porches that are typical of a “rural transitional” architectural style. Many of the images in the
proffered Design Guide reflect an agrarian style that is typical of rural dwellings, using metal roof accents, front porches
and pitched roofs. In Staff’s view, the proposed architectural concepts reflect the rural vernacular, and are proffered
with high quality building materials.

Regarding non-residential design, the images in the proffered Design Guide depict small scale single-story or two-story
structures that are reflective of a small town shopping district. High quality exterior building materials are proffered.
The precedent images, in keeping with the recommendations of the Design Guidelines depict visible roof forms,
projections, dormers and overhangs. Consistent with the Design Guidelines, the applicant has stated that the non-
residential buildings proposed along Princess Anne Road and Indian River Road will be located immediately adjacent to
the right-of-way with the majority of parking located behind the buildings; however, to ensure this concept comes to
fruition, Staff recommends that additional details regarding the layout of the commercial sites be described on the
concept plan and/or be included in the proffer agreement.

Open Space and Recreation
The Design Guidelines recommend a minimum of 50% of the developable area of a site be designed to provide a
practical balance of both active and passive open space. As depicted on the concept plan, the development will have
58.80% open space, with 60% on Parcel I and 60% on Parcel II. Active open space areas are incorporated onto both
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parcels. Unique to this proposed development is the location of neighborhood gardening activities on both sites. The
large equestrian amenity will be owned by the homeowners’ association, an interconnected network of multi-purpose
trails are depicted throughout the development, in both the residential and commercial areas. However, Staff
recommends that this trail also be installed along the western side of Princess Anne Road.

Special Places
The Design Guidelines specifically identify “Pungo Center” as a Special Place, where contextually relevant design
concepts are recommended to be incorporated into the site layout and architectural themes. The Guidelines encourage
the implementation of rural vernacular design, mimicking the simple form with little ornamentation. The details
proffered in the Development Guide for both the residential and non-residential buildings reflect adherence with this
recommendation.

As noted above, the applicant has stated that the commercial buildings proposed along Princess Anne Road and Indian
River Road within Pungo Center will be located immediately adjacent to the right-of-way with the majority of parking
located behind the buildings. However, to ensure this concept comes to fruition Staff recommends that additional
details regarding the layout of the commercial sites be depicted on the concept plan, in the Development Guide and/or
be included in the proffer agreement. The Design Guidelines call for an architectural style that is similar in scale,
proportion and general character reminiscent of turn of the century architecture which currently exists there today. Use
of bungalow-style elements such as low-pitched gabled roofs, overhanging eaves with exposed rafters, handcrafted
stone or woodwork and usage of Aladdin Readi-Cut kit homes. The non-commercial elevation reflect a style that
emphasizes open porches, low pitched roofs, and quality craftsmanship similar to those that currently exist within Pungo
Center.

Infrastructure
The Design Guidelines emphasize the importance of adequate infrastructure to service the needs of proposed
developments without compromising the existing infrastructure to the detriment of existing development. The
proposed request has been reviewed by both the Department of Public Utilities and the Department of Public Works
Traffic Engineering. As noted below in the Public Utilities section of the report, hookup to both City water and sewer will
be required and may necessitate the construction of a new a pump station. The applicant is aware of this requirement
and will address the need for a new pump station during site plan review. In addition, a Traffic Impact Analysis has been
performed and accepted by Traffic Engineering. With the proposed proffered improvements, the impact to the Level of
Service to the roadway network should be mitigated. As mentioned above, although the applicant has submitted a
Preliminary Stormwater Analysis, at this time Staff is unable to provide a positive recommendation on the proposed
strategy.

Summary
In Staff’s opinion, the proposed request for a rezoning of the subject site from AG-1 and AG-2 Agricultural District to PD-
H2 (R-20 Overlay), Conditional AG-1 and AG-2 and Conditional B-2 meets a substantial majority of the criteria for
development within the Transition Area as recommended by the Comprehensive Plan, the Transition Area Design
Guidelines and the AICUZ requirements of the Zoning Ordinance. The modifications to the concept plan that were made
based on input from not only Staff but also from the applicant’s outreach efforts, in Staff’s view, have resulted in a high
quality design that employs many of the Design Guidelines that contribute to a successful Transition Area development.
However, the preliminary stormwater management study has yet to be accepted by the City’s stormwater engineering
and flooding experts. The Comprehensive Plan recommends that an evaluation of the upstream and downstream effects
of a proposed development be conducted prior to discretionary action by the City Council to ensure that flooding does
not occur as a result of a proposal. Without a high level of confidence that future and existing property owners will not
be adversely impacted by the development, Staff cannot support the request at this time.

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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 shall be developed substantially as shown on the Site Plan on page 2 of the exhibit entitled “HARVEST
FARMS, Pungo Area - Virginia Beach, Virginia”, dated October 16, 2018, prepared by Timmons Group, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the “Concept
Plan”).

Proffer 2:
When the Property is developed, vehicular Ingress and Egress to Parcel I, as depicted on the Concept Plan, shall be limited
to two (2) entrances for the residential areas, one (1) located on Princess Anne Road and one (1) located on Indian River
Road. When the Property is developed, vehicular Ingress and Egress to Parcel I, as depicted on the Concept Plan, shall be
limited to three (3) entrances for the commercial areas, two (2) located on Princess Anne Road and one (1) located on
Indian River Road. Moreover, when the Property is developed, vehicular Ingress and Egress to Parcel II, as depicted on the
Concept Plan, shall be limited to two (2) entrances, both located on Princess Anne Road.

Proffer 3:
The total number of new residential homes permitted to be constructed on Parcel I, as depicted on the Concept Plan, shall
not exceed sixty-five (65). All such units within Parcel I shall be single-family detached dwellings.

Proffer 4:
The total number of new residential homes permitted to be constructed on Parcel II, as depicted on the Concept Plan,
shall not exceed fifty-one (51). All such units within Parcel II shall be single-family detached dwellings.

Proffer 5:
The architectural design and exterior building materials of the new residential homes shown on the Concept Plan will be
substantially as depicted on page 4 of the exhibit entitled “HARVEST FARMS, Pungo Area - Virginia Beach, Virginia”, dated
October 19, 2018, entitled “Neighborhoods,” and page 6, entitled “Architectural Styles,” prepared by RBA and Oceanside
Building, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (“Elevations”).

Proffer 6:
The dimensional and setback requirements applicable to each housing neighborhood in Harvest Farms shall be as follows:
PARCEL I PARCEL II
Cottage Lots
Minimum Lot width 50 Feet Manor Lots
Minimum Lot length 115 Feet Minimum Lot width 70 Feet
Minimum Lot area 5,750 Square Feet Minimum Lot length 120 Feet
Front Yard Set Back 15 Feet Minimum Lot area 9,000 Square Feet
Side Yard Set Back 5 Feet Front Yard Set Back 25 Feet
Rear Yard Set Back 5 Feet Side Yard Set Back 7.5 Feet
Minimum Side Yard Set Back Minimum Side Yard Set Back
adjacent to Street: 7.5 Feet adjacent to Street: 7.5 Feet
Maximum Lot Coverage 75% Rear Yard Set Back 5 Feet
Maximum Building Height: 40 Feet Maximum Lot Coverage: 55%
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Maximum Building Height: 40 Feet
Manor Lots
Minimum Lot width 70 Feet Estate Lots
Minimum Lot length 120 Feet Minimum Lot width 110 Feet
Minimum Lot area 8,400 Square Feet Minimum Lot length 120 Feet
Front Yard Set Back 25 Feet Minimum Lot area 15,400 Square Feet
Side Yard Set Back 5 Feet Front Yard Set Back 30 Feet
Minimum Side Yard Set Back Side Yard Set Back 15 Feet
adjacent to Street: 5 Feet Minimum Side Yard Set Back
Rear Yard Set Back 20 Feet adjacent to Street: 15 Feet
Maximum Lot Coverage: 50% Rear Yard Set Back 25 Feet
Maximum Building Height: 40 Feet Maximum Lot Coverage: 50%
Maximum Building Height: 40 Feet
Estate Lots
Minimum Lot width 90 Feet
Minimum Lot length 120 Feet
Minimum Lot area 10,800 Square Feet
Front Yard Set Back 25 Feet
Side Yard Set Back 10 Feet
Minimum Side Yard Set Back
adjacent to Street: 10 Feet
Rear Yard Set Back 20 Feet
Maximum Lot Coverage: 50%
Maximum Building Height: 40 Feet

Proffer 7:
All new residential homes constructed in the Cottage Homes neighborhoods on Parcel I shall contain no less than 1,900
square feet of enclosed living area, excluding the garage area, and shall be rear loaded, as depicted on the Concept Plan,
with a minimum four hundred (400) square foot car parking area, car port or detached garage.

Proffer 8:
All new residential homes constructed in the Manor Homes neighborhoods, whether on Parcel I or Parcel II, shall contain
no less than 2,500 square feet of enclosed living area, excluding the garage area, as depicted on the Concept Plan, with a
minimum two (2) car garage.

Proffer 9:
All new residential homes constructed in the Estate Homes neighborhoods, whether on Parcel I or Parcel II, shall contain
no less than 3,100 square feet of enclosed living area, excluding the garage area, as depicted on the Concept Plan, with a
minimum two (2) car garage included.

Proffer 10:
The fencing throughout Harvest Farms for all new residential homes shall consist of the following materials: Vinyl, Rod
Iron, Brick, and/or Stone. The height of the fencing shall not exceed six (6) feet, except in the front yards of the Cottage
Lots, which shall have a maximum fencing height of four (4) feet.

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