april 10, 2013 public hearing applicant: c and c ......apr 10, 2013 · existing land use:...

C AND C DEVELOPMENT CO., INC. Agenda Item 3

3April 10, 2013 Public Hearing

APPLICANT:

C AND C DEVELOPMENT

CO., INC.PROPERTY OWNER:

ATRIA PROPERTIES, LLC

STAFF PLANNER: Kristine GayREQUEST: Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code. Request is to construct five detached houses that do not conform to the Building Type Properties for a Detached House ADDRESS / DESCRIPTION 429 20th Street GPIN: 24270729670000

ELECTION DISTRICT: BEACH

SITE SIZE: 11,700 square feet

AICUZ: 65 to 70 dB DNL (Sub-Area 1)

BACKGROUND The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form-Based Code (FBC). The applicant’s request is to erect five detached single-family residential houses on the subject parcel. The ORD FBC allows single-family residential use within the Row House and Detached House Building Types. Though the proposed houses are detached, the houses do not meet the ‘Lot’ and ‘Placement’ Properties for the Detached House Type as specified in Section 2.3 of the ORD FBC. The Properties for the Detached Building Type call for each Detached House Type to be situated on one fee-simple lot in accordance with certain dimensional requirements. Since the applicant’s proposal does not meet the requirements of the FBC, the applicant is requesting a Special Exception for Alternative Compliance to the Form-Based Code. Since this is one of the first applications for a Special Exception for Alternative Compliance to the ORD, staff believes a short explanation of this provision of the FBC is appropriate. The FBC is the zoning

BACKGROUND / DETAILS OF PROPOSAL


regulation for land use and development in the ORD, which prescribes specific building and design forms (i.e., build-to, transparency, height, setbacks, etc). There are, however, two other sets of provisions under which property may be developed that provide greater flexibility as necessary. The first is the “Optional Forms of Development (OFD),” which is a by-right option administered by the City staff. The second is “Alternative Compliance (AC),” which permits a departure from a prescribed building or design element. Alternative Compliance requires approval by the City Council in the form of a Special Exception. As the granting of a Special Exception by the City Council is a legislative act, Alternative Compliance allows for an even higher degree of flexibility than the Optional Forms of Development. The Alternative Compliance option may be sought when a proposed development would not conform to the uses or forms of development otherwise permitted under the Form-Based Code, including under OFD. Section 7.3.3 of the FBC provides the ‘Review Standards’ for these applications: A. Applications for Alternative Compliance shall be evaluated for consistency with the following

standards, and the City Council, in deciding whether to allow Alternative Compliance, shall consider the extent to which the proposed development, taken as a whole:

1. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and

this Code, and specifically, the extent to which the proposed development:

a. Promotes modes of transportation other than the automobile, including walking and transit;

b. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians; and

c. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place.

2. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code;

3. Is physically and functionally integrated with the built environment in which it is located; and

4. Advances the goals and objectives of the parking strategy for the District.

B. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated.

DETAILS OF PROPOSAL The subject site is 11,700 square feet in area. It is bordered to the west by Baltic Avenue, to the north by a 20-foot wide alley, and to the south by 20th Street. The site is undeveloped. Curb and gutter are located along both streets. North of the site, on the opposite side of the alley, is an apartment complex. To the east and west are single-family homes. South of the site, on the opposite side of 20th Street, is a City-owned undeveloped parcel. The applicant proposes development of the site with five single-family homes. Along the Baltic Avenue frontage, there will be three houses, each with a footprint of 24’ x 25’. On the 20th Street frontage and the alley frontage, there will be one house on each, with a footprint of 22’ x 28’. The two different size footprints correspond to two different models of house. Both models offer variations of amenities, including a single-car garage or a storage space with direct exterior access; three or four bedrooms; covered open porches or either five feet or eight feet of depth; street or alley frontage; and proximity to dedicated parking spaces.


The renderings and elevations submitted by the applicant show that, by choice of materials, massing, color scheme, and placement, the units are designed in keeping with the Old Beach Design Guidelines, which the Oceanfront Resort District Design Guidelines refer to for single-family residential design. The proposed exterior building materials include fiber-cement [shake] siding and board and batten siding, 30-year architectural fiberglass/asphalt roof shingles, vinyl double-pane windows, aluminum and vinyl exterior trim, vinyl shutters, composite/PVC porch decking, and vinyl railing. As shown on the site plan, the units are situated with the front facades parallel to the streets or alley. The rear of each house faces in toward the center of the lot, and together, the houses surround the interior area, which is designated on the plan for vehicular circulation and parking. The one point of vehicular access to the site will be located on the alley. To improve access to the alley, the applicant has proposed dedicating 201 square feet of the subject site to the City for right-of-way. From the alley, a drive aisle extends southward into the site and terminates 20 feet north of the southern lot line, where there is an area with permeable pavers that is reserved for backing out. Perpendicular to the drive aisle are eight parking spaces as well as access to garages for three of the houses. All units can be directly accessed by pedestrians from the respective street or alley fronting the house. To facilitate this pedestrian access, the applicant has proposed dedicating a 2.5-foot wide pedestrian easement along the Baltic Avenue side of the subject site, which will allow for the installation of a five-foot wide sidewalk. Landscaping consists of small flowering trees, low annuals, small accent shrubs, and three to four-foot high hedges set between the private porches and patios and the public sidewalk. On the eastern lot line, the site plan shows a six to eight-foot high hedge and one shade tree. Landscaping and reserved open lawn areas act as both an outdoor amenity and also as simple bioretention for stormwater. The site plan also depicts an area of 1,431 square feet of permeable pavers to further maximize the retention and management of stormwater on the site.

EXISTING LAND USE: Undeveloped vacant site. SURROUNDING LAND USE AND ZONING: North:

Alley Low-Rise Multifamily (Condominium) / OR Oceanfront Resort

District

South: 20th Street Undeveloped site / OR Oceanfront Resort District

East: Single-family homes / OR Oceanfront Resort District

West: Baltic Avenue Single-family homes / OR Oceanfront Resort District

NATURAL RESOURCE AND CULTURAL FEATURES:

This is a flat and relatively grassy site. With the exception of three utility poles, the site has no structures.

COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District Form-Based Code (FBC), which was approved on July 10, 2012 as part of the implementation of the recommendations of the Comprehensive Plan for this SGA. The Resort Area Strategic Action Plan (RASAP), adopted in December,

LAND USE AND COMPREHENSIVE PLAN


2008, is the guiding planning policy for land use and development in this area. The RASAP calls for improved transit and pedestrian connections between destinations, and a transition from the resort area to the neighborhoods.

MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): In the vicinity of this site 20th Street is a two-lane local street. In the vicinity of this site, Baltic Avenue is a two-lane minor urban arterial with sixty feet right-of-way width. It has on street parking and is designated on the City’s Master Transportation Plan (MTP). TRAFFIC ENGINEERING: The minimum dimensions acceptable to Traffic Engineering for access to the site off the alley require a 12-foot turning radii with a 22-foot entrance width. TRAFFIC:

Street Name Present Volume

Present Capacity Generated Traffic

20th Street 2-Lane Local Street

No data available

6,200 ADT 1 (Level of Service “C”) – 9,900 ADT 1 (Level of

Service “D”)

Existing Land Use: Undeveloped – 0 ADT

Proposed Land Use: 5 Single-Family Dwellings 2 – 50 ADT

Baltic 2-Lane Minor Urban Arterial

2,700 ADT(2006)

7,300 ADT (Level of Service “C”) – 10,700 ADT (Level of

Service “D”)

1 Average Daily Trips 2 At Peak Hour of 4 PM and as defined by OR Zoning

WATER: This site must connect to City water. There is an 8-inch City water line in Baltic and a 6-inch City water line in 20th Street.

SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #003 and the sanitary sewer collection system is required to ensure future flows can be accommodated.

According to the Form-Based Code (FBC), the subject site is located on the corner of two Beach Frontages. The intent of the Beach Frontage is to facilitate high pedestrian activity from residential areas to the beach. The Beach Frontage allows five of the six Building Types; this includes Mixed-Use,

IMPACT ON CITY SERVICES

EVALUATION AND RECOMMENDATION


Apartment, Row House, Detached House, and Civic Building Types. The units the applicant proposes for this site, best fit the Detached House Building Type. As noted in the Background and Details of Proposal section of this report, the applicant seeks this Special Exception for Alternative Compliance due to the fact that the applicant’s proposed development does not meet the Building Type Properties required for a Detached House Building Type. For example:

1. LOT CRITERIA PROPERTY - Section 2.9 of the FBC requires that the Detached House Building Type have a minimum lot size of 3,000 square feet with a minimum lot width of 30 feet. The applicant’s proposal for five units on an 11,407 square foot site cannot meet that requirement. Thus, the applicant’s request attempts to situate the lots on the site in a manner that gives the resemblance of being on individual platted lots rather than being on such lots.

2. HEIGHT AND FORM - The proposal is also insufficient regarding the porch depth and the height of the third floor. In Section 2.12.4 of the FBC, the dimensional requirements for the Semi-Public Building Element of a Porch require a minimum depth of eight feet. The applicant has proposed three units with porches with a depth of only five feet. In regard to the third floor height, the building criteria for a Detached House found in Section 2.9, require that the upper story height be a minimum of 10 feet. Section 2.4.4 explains that story height is measured from the top of the finished floor to the top of the finished floor above; when there is no floor above, floor height is measured to the ceiling above plus one additional foot. This leaves the applicant with a height of only nine (9) feet.

The applicant, therefore, has provided several site and building elements as alternatives that attempt to ensure the site’s design still achieves the intent of the Building Type Properties. The applicant has exceeded certain building criteria, and has proposed the use of quality materials and a variety of additional design elements as outlined below.

Building Criteria, Outdoor Amenity Space: A minimum of 20% outdoor amenity space is required for the Detached House Building Type. When calculating this percentage, the FBC includes open grassy areas, patios, porches, balconies, and landscaping. The submitted site plan proposes more than double this minimum requirement by providing 43% outdoor amenity space. Furthermore, the landscaping proposed exceeds the residential canopy coverage and foundation landscaping requirements as found in the Landscaping Guide. Building Criteria, Transparency: A minimum of 15% transparency for each ground and upper story street facing façade is required for the Detached House Building Type. The submitted elevations propose 21% transparency facing Baltic Avenue and 16% transparency facing 20th Street. Additionally, the applicant has proposed a variety of appropriate window types and dimensions in keeping with the surrounding residential style and Oceanfront Resort District Design Guidelines. Frontage and Pedestrian Facilitation: The initiative of the Beach Frontage is to provide a network of quiet infiltrating corridors for pedestrians traveling between the oceanfront and the residential areas. As seen on the site plan, the applicant has included in their proposal the improvement of the street frontage to include a five foot wide sidewalk along Baltic Avenue and 20th Street. The applicant has also proposed the construction of three additional on-street parking spaces. While the applicant receives credit for these spaces, totaling 13 spaces, the spaces are within the public right-of-way and can be used by the public, but the intent of the FBC is that such spaces will be primarily used by guests.


Oceanfront Resort District Design Guidelines The proposed site plan and building design meet the following Oceanfront Resort District Design Guidelines: cement-fiberboard siding, cohesively designed in keeping with the Old Beach style, landscaping that promotes a pleasant pedestrian experience, permeable pavers, and a repeating pattern including color, texture, and material change.

As noted in the ‘Background’ section of this report, Section 7.3.3 of the FBC provides the ‘Review Standards’ for Alternative Compliance applications, noting that the City Council “shall consider the extent to which the proposed development, taken as a whole,” satisfies the standards. Each of those standards is listed below, with a staff comment pertaining to the degree to which the applicant’s proposal meets each:

Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development:

o Promotes modes of transportation other than the automobile, including walking and transit. Staff Comments: The subject site is capable of being developed at a much higher density following the building criteria of the Row House Building Type which is allowed by the Beach Frontage. Through the Alternative Compliance process, the applicant has developed a proposal that promotes modes of transportation other than the automobile and is in scale with pedestrian-oriented activities.

o Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Staff Comments: As noted above the Detached Building Type proposed by the applicant is more appropriate to pedestrian scale than the some of the other allowed Building Types. The applicant’s design meets the Oceanfront Resort Area Design Guidelines, providing a high quality architectural design, which combined with the site elements, enhances visual interest and orientation for pedestrians.

o Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments: The site is located between higher residential density to the north and traditional single-family homes at a much lower density to the east and west. The proposed site plan mixes these two characteristics by providing a density that falls between that of the adjacent properties, and a form that is respectful and complimenting in scale and appearance to the existing single-family homes.

Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments: Using the site layout as proposed, the applicant’s proposal meets the intent Street Frontage regulations for Beach Frontages

Is physically and functionally integrated with the built environment in which it is located. Staff Comments: The applicant is providing a site layout and building design that give the appearance of being platted lots and, as such, are ‘functionally integrated’ with the surrounding built environment.

Advances the goals and objectives of the parking strategy for the District. Staff Comments: All of the required parking is located on the site. The applicant is also constructing three additional parking spaces on 20th Street, thus increasing the number of available on-street parking spaces,


The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments: Staff finds that the impacts to the surrounding area as a result of the proposed deviations are limited. The most significant potentially adverse impact pertains to the access from the alley. The minimum dimensions acceptable to Traffic Engineering for access to the site off the alley are a 12’ turning radii with a 22’ entrance width. The applicant has met the requirement of the 12’ turning radii but has proposed an entrance width of 20’, which is not supported by Traffic Engineering. Staff has included a condition that entrance and aisle width will be determined at site plan review. Alternatively, based on the recommendations of Planning Commission and the conditions ultimately approved by City Council, a specific aisle width may be determined prior to site plan review.

Section 7.3.4 of the Form-Based Code provides City Council with the ability to add “reasonable conditions of approval to an application for Alternative Compliance. Such conditions shall be limited to those intended to mitigate any adverse visual, functional, or other impacts of the deviation from the provisions of this Code or to promote compliance with the goals and objectives of the Resort Area Strategic Action Plan and this Code.” Such conditions are recommended below. Staff finds that the applicant’s proposal will contribute to the overall goals of the Oceanfront Resort District Form-Based Code. The landscaping, and building density, massing, materials, and design, provide a tempo of visual interest and a comfortable and activated public sidewalk environment. The alternate amenities, density, and design choices provided by the applicant are consistent with the Beach Frontage and integrate well with the surrounding built environment both physically and functionally. Staff recommends approval of this request with the conditions below.

1. Except as modified by any other condition of this Use Permit, the site shall be substantially developed as shown on the plan entitled “Conceptual Site Plan, 20th Street & Baltic Ave,” prepared by WPL, and dated March 20, 2013.

2. Except as modified by any other condition of this Use Permit, the architectural design and appearance of the dwellings shall be substantially as shown on the submitted renderings as well as the architectural elevation drawings, entitled “Proposed Two Story Brick and Frame Single Family Dwelling Prepared For: VB HOMES,” prepared by J. Bengston, Land Planning Solutions, and dated 3/19/2013.

3. The applicant shall, as shown on the site plan, dedicate to the City of Virginia Beach a 2.5’ wide by 130’ long pedestrian easement along the western lot line adjacent to Baltic Avenue.

4. The applicant shall make all sidewalk and street improvements as shown on the site plan and as further required during Development Site Plan Review. This includes curb and gutter and a five-foot wide sidewalk along Baltic Avenue and 20th Street. The applicant shall also construct three public on-street parking spaces on 20th Street as shown on the submitted plan.

CONDITIONS


5. As shown on the site plan, the applicant shall dedicate 201 square feet in the form of a 2’ x 90’ strip

along the northern lot line, and 10’ radius at the northwestern corner of the lot to the City of Virginia Beach for right-of-way improvements.

6. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way.

7. All mechanical equipment shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment.

8. Entrance and drive aisle width will be determined at site plan review.

9. All landscaping must be maintained in good health. All landscape that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with this Alternative Compliance.

10. All hedges located within the the build-to-zone shall be maintained at a height between three and four feet tall.

11. The proposed six to eight foot hedge proposed along the eastern lot line shall be maintained at a height of three to four feet tall.

12. A fence along the eastern lot line shall be maintenance free, no more than six feet tall, and shall terminate at or prior to the front façade of the unit fronting on 20th Street.

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 Use Permit 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.


AERIAL OF SITE LOCATION


PROPOSED SITE PLAN


SITE RENDERING


SITE RENDERINGS


UNIT ELEVATIONS


ZONING HISTORY

# DATE REQUEST ACTION 1 04/27/1993 Enlargement of Non-Conforming Approved


DISCLOSURE STATEMENT

april 10, 2013 public hearing applicant: c and c ......apr 10, 2013 · existing land use:...

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