Request Alternative Compliance to the prescribed criteria of the Oceanfront Resort District Form-Based Code. Staff Recommendation Approval

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1 Applicant & Property Owner Public Hearing February 8, 2017 City Council Election District Beach Agenda Item D1 Request Alternative Compliance to the prescribed criteria of the Oceanfront Resort District Form-Based Code Staff Recommendation Approval Staff Planner Kristine Gay Location 415 and st Street GPIN Site Size 7,800 square feet (0.18 acres) AICUZ db DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use Duplex dwelling unit Zoning District and Street Frontage Type OR Oceanfront Resort / Gateway 3 Surrounding Land Uses and Zoning Districts North Duplex-dwelling units / OR Oceanfront Resort South Lodging and Multi-family dwelling units / OR Oceanfront Resort East Single-family dwellings / OR Oceanfront Resort West Single-family dwellings / OR Oceanfront Resort Active Request for Alternative Compliance Page 1

2 Background and Summary of Proposal The applicant requests to develop the site with two separate Row House Building Types. There will be two dwelling units within each building; thus, four units are proposed in totality. The Oceanfront Resort District Form-Based Code (FBC) does not allow multiple separated Row House Building Types on one lot where each building does not have its own direct street frontage, as is proposed by the applicant. For this reason the applicant is requesting a Special Exception for Alternative Compliance. In addition to proposing multiple separate structures on one lot, the proposal also minimally differs from certain prescribed criteria associated with the Row House Building Type. The table at the end of the report shows the differences between the FBC prescribed criteria and the proposed site plan for informational purposes, as alone, these small differences would not require Alternative Compliance. Instead, these deviations can be approved administratively through Optional Forms of Development. As shown on the site exhibit, the site will be divided into two 30-foot wide by 130-foot deep parcels. The two structures, will span the proposed interior lot line and, thus, be separated by a fire wall. Each of the four units may be accessed by pedestrians from 21 st Street. Paver parking spaces are provided off of the alley. Stepping stones will connect the rear parking to the public sidewalk and the front doors of each unit. Interior yards are made private by landscaping, and all mechanical equipment is screened from view. Building materials include horizontal siding, French doors, four-over-four and six-over-six windows, and accented columns on the porches and balconies. 1 2 * Zoning History # Request 1 ALT Approved 09/16/ SVR Approved 09/06/2016 * ALT Request on Current Planning Commission Agenda CUP Conditional Use Permit REZ Rezoning CRZ Conditional Rezoning Application Types MOD Modification of Conditions or Proffers NON Nonconforming Use STC Street Closure FVR Floodplain Variance ALT Alternative Compliance SVR Subdivision Variance Page 2

3 Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District. The RASAP calls for improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods. Evaluation and Recommendation By-right development of the site is capable of yielding at least four units based on the Frontages and Building Type regulations of Chapter 2 of the Form-Based Code. The applicant is proposing to achieve the same density by building four dwelling units on the subject site that, in Staff s view, most closely follow the prescribed form of the Row House Building Type. By providing all vehicular access to the site from the alley, and including walkways for pedestrians (guests and residents) to access the front porch of each unit from the sidewalk of 21 st Street, the proposal is pedestrian-oriented and the automobile is less emphasized. The building materials, accents, and depth of the porches and balconies, are less in-line with the Oceanfront Resort District Design Guideline than previously approved requests for Alternative Compliance; however, in Staff s opinion, the increased side yard setbacks and landscaping will help off-set this. The overall design still results in a pedestrian scale and reasonably achieves the objectives of the Design Guidelines. The applicant will be responsible for reconstructing the existing portion of sidewalk adjacent to the subject site along 21st Street such that it is consistently 8 feet wide or as required by the Strategic Growth Areas Office and Landscape Management. The applicant will also be dedicating to the City of Virginia Beach a two-foot deep strip of land adjacent to and running parallel with 21 st ½ Street (alley). The applicant will be improving the portion of the alley adjacent to the site in accordance with Public Works Standards. Section of the FBC provides the review standards for Alternative Compliance applications. Any development seeking City Council approval for Alternative Compliance must advance the stated goals and objectives of the Resort Area Strategic Action Plan and Oceanfront Resort District Form-Based Code; promote modes of transportation other than the automobile; create a pedestrian-oriented and pedestrian-scaled environment; contribute to a memorable mix of uses; be consistent with the intent of the regulations applicable to the subject street frontage; be physically and functionally integrated with the built environment; and advance the goals and objectives of the parking strategy for the District. For the reasons stated as part of this evaluation and summarized earlier in this report, Staff finds that the review standards have been met, and; therefore, recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code, with the following conditions below: Recommended Conditions 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the exhibit titled, PLANTING LAYOUT, dated 04/05/2015, as prepared by WPL. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. Page 3

4 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Residential Code, the dwellings on the site shall be substantially as shown on the two drawings titled 415 & st Street Plans and Details, Sheet A2 dated 10/11/2016, as drawn by Progressive Design. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. Cementious fiber siding and shake or other similar quality material shall be used on the exterior of the units. Said material shall be less susceptible to warping, sagging, and cracking than.49mm thick vinyl siding, and comply with the Oceanfront Resort District Design Guidelines. 4. At the time of installation and at any time of maintenance or replacement, the landscaping shall substantially be as shown on the submitted exhibit titled PLANTING LAYOUT, 21 ST DEVELOPMENT, dated 04/05/2015, as prepared by WPL Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 5. A subdivision plat shall be submitted to the Planning Department / Development Services Center as part of site plan review. Said plat shall show the dedication of 2 feet along the southern lot line to the City of Virginia Beach. 6. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 21 st ½ Street as further required by Public Works Traffic Engineering, Landscape Management, the Strategic Growth Areas Office, and the Development Services Center as part of development site plan review. 7. All landscaping must be maintained in good health. All landscape that fails to grow or is determined to be in poor health shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition 1. All replacement landscaping shall be approved by the City Landscape Architect for consistency with the conditioned plan. All landscaping must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the Planting Layout referenced in Condition #1 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. Page 4

5 Proposed Conceptual Site Layout Page 5

6 Proposed Elevations Front Unit Page 6

7 Proposed Elevations Rear Unit Page 7

8 FBC Criteria Table Page 8

9 Disclosure Statement Page 9

10 Disclosure Statement Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13