Applicant/Owner Ocean Rental Properties, LLC Public Hearing April 13, 2016 City Council Election District Beach Agenda Item 1 Request Alternative Compliance to the prescribed criteria of the Oceanfront Resort District Form-Based Code Staff Planner Kristine Gay Location 528 21st Street GPIN 2417977929 Site Size 7,800 square feet (.18 acres) AICUZ 65-70 db DNL Existing Land Use and Zoning District Demolished single-family dwelling Zoning District and Street Frontage Type OR Oceanfront Resort / Gateway 3 Surrounding Land Uses and Zoning Districts North Single-family dwellings / OR Oceanfront Resort South Single-family dwellings / OR Oceanfront Resort East Single-family dwellings / OR Oceanfront Resort West Single-family dwellings / OR Oceanfront Resort Page 1
Background and Summary of Proposal The applicant would like to build two Row Houses and one Detached House on one lot. The Oceanfront Resort District Form-Based Code (FBC) does not allow multiple separated dwellings on one lot, as proposed. For this reason the applicant is requesting a Special Exception for Alternative Compliance. In addition to proposing multiple separate dwellings on one lot, the proposal differs from certain prescribed criterion associated with the Row House and Detached House Building Types. The table below shows the differences between the FBC prescribed criteria and the proposed site plan: Prescribed Criteria Proposed Alternative Compliance Yards Private yards on all 4 sides (Detached Houses Only) One private yard. Remaining yards are used for parking. Minimum Lot Area 3,000 SF (Detached House) 1,200 SF (Row House) 3,900 SF Per Detached House 1,950 SF Per Row House Minimum Outdoor Amenity Space 20%, 600 SF Min (Detached House) 10%, 120 SF Min. (Row House) 18%, 1,350 SF Overall 18%, 720 SF Per Detached House 32%, 630 SF Per Row House Criteria measured by the FBC but not shown in the table above include, lot width, setback, build-to-zone, height, transparency, and parking. The proposal meets or exceeds all of these requirements. A chart showing how the proposed Alternative Compliance relates to all prescribed criteria of the Form-Based Code is included near the end of this report. As shown on the site exhibit, there will be two 24-foot-wide row houses set back 10 feet from the front property line. (Porches that are eight feet deep may be set back two feet from the front lot line.) Each of these row house units will be accessed from two stacked parking spaces located on the alley. Stepping stones in a mulched landscaped area will connect the rear parking to the public sidewalk and the front door. Each unit has an eightfoot-deep front porch, second-story balcony, and a fenced-in rear patio. In the rear yard, there will be one single-family detached house set back five feet from the alley. This unit will have a rear garage, a covered stoop, and two parking spaces, all situated on the alley. A six to eight-foot deep front porch and a small lawn are located in front of this unit. Page 2
1 Zoning History # Request 1 ALT Special Exception for Alternative Compliance to the OR District FBC Approved 09/16/2014 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 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 a lower density by building three dwelling units on the subject site that most closely follow the prescribed form of the Row House Building Type and the Detached House Building Type. By providing all vehicular access to the site from the alley, and including easements on an approved plat to allow pedestrians (guests and residents) to access the front porch of each dwelling unit from the sidewalk of 21 st Street, the proposal is pedestrian-oriented and the automobile is less emphasized as the main choice of transportation. Exterior materials include, fiber-cement lap and shake siding, board and batten, brick for the base of the porches and stoop, a variation of window type and size, double balcony doors, standing-seam metal roofing, architectural shingle, and decorative garage doors. The front units reach a maximum height of 40 feet and the rear unit reaches a maximum height of 31 feet. Definition is brought to each floor of the elevation by an eve line, top rails of window, branding, or a change in materials. The proposed landscaping, overall height, and use of porches, dormers, and façade projections result in a pedestrian-scaled proposal that meets the Oceanfront Resort District 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 Page 3
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 20th ½ Street (alley). The applicant will be improving the portion of the alley adjacent to the site in accordance with Public Works Standards for a 24-foot wide section. Section 7.3.3 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 for lot 26A on the 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. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawings titled 21 st Street Towns Duplex, dated 2/8/2016, and LPS-1387 dated 9/4/2014, as drawn by J Bengtson. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. 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. 4. A subdivision plat shall be submitted to the Planning Department / Development Services Center as part of site plan review. Said plat shall show the removal of any interior lot lines, private pedestrian access easements, and the dedication of 2 feet along the southern lot line to the City of Virginia Beach. 5. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 20th 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. 6. Any existing curb-cut / driveway access located on 21st Street shall be removed. 7. The patios of the row house units and the driveway of the rear unit shall be constructed of permeable pavers. The driveway runners may be paved. 8. 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 Page 4
consistency with the conditioned plan. 9. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 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 5
Proposed Conceptual Site Layout Page 6
Proposed Elevations Page 7
Proposed Elevations Page 8
Project Context Page 9
Criteria Table Page 10
Disclosure Statement Page 11
Disclosure Statement Page 12
Disclosure Statement Page 13
Disclosure Statement Page 14