Background and Summary of Proposal - VBgov.com...Sep 14, 2016 · • The site is oddly shaped and...

Ocean Bay Homes Inc., a Virginia Corporation Agenda Item 13

Applicant Ocean Bay Homes Inc., a Virginia Corporation Property Owner 3744 Shore Associates, LLC Public Hearing September 14, 2016

City Council Election District Bayside

Requests Conditional Rezoning (B-2 Community Business (Shore Drive) to Conditional B-4 Mixed Use (Shore Drive)) Conditional Use Permit (Multiple-Family Dwellings) Staff Planner Jimmy McNamara Location 3736 & 3744 Shore Drive GPINs 1489399034 & 1489490053 Site Size 24,288 square feet AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Watercraft sales & repair / B-2 Community Business Surrounding Land Uses and Zoning Districts North Duplex dwellings / R-5R Residential Resort South Shore Drive Motorcycle service / B-2 Community Business East Offices / B-2 Community Business West Roanoke Avenue Watercraft repair, multi-family dwellings / R-5R Residential Resort, B-4 Mixed Use

Agenda Item 13


• In 1984, a Conditional Use Permit for a Gasoline Service Station was approved on the subject sites.

• These two properties are currently zoned B-2 Community Business District (Shore Drive Overlay) with a

Conditional Use Permit for Boat Sales and Small Engine Repair.

• The applicant requests a Conditional Rezoning to consolidate and redevelop the approximately 24,000 square-foot site with eight residential condominium dwelling units within three buildings.

• The site is oddly shaped and bordered by Shore Drive to the south and by a residential street (Roanoke Avenue) to the west. Residential uses exist to the north and office uses occupy the site to the east.

• At its widest point, the site is approximately 130 feet in width tapering down to approximately 65 feet of width at the narrowest point. The site has a length of approximately 240 feet along Shore Drive.

Site Design • Two of the proposed buildings are situated with front facades facing Shore Drive with staggered setbacks while

the third is setback further and the side façade facing the right-of-way. Consistent with the Shore Drive Design Guidelines, the buildings approach the right-of-way lines to generate more architectural interest.

• With the exception of the main vehicular access point along Roanoke Avenue, the entire perimeter of the site will be enclosed by a solid vinyl fence. All fencing along the right-of-way is depicted as four feet in height. Fencing along the northern and eastern property lines will be six feet in height.

• Each dwelling unit is provided with two parking spaces constructed with permeable pavers. In addition, each dwelling unit is served by a two-car garage. Six guest parking spaces are proposed in the northern portion of the site. As is recommend by the Shore Drive Design Guidelines, all parking is proposed to be located behind the buildings.

• The minimum front yard and side yard setback for a property line adjacent to a street are 35 feet. The closest portion of one of the structures is setback 10.78 feet. A deviation to the setback requirement is requested.

Vehicular and Pedestrian Access

• The site is proposed to be accessed from a single entrance 30-foot wide entrance from Roanoke Avenue. The existing entrance along Shore Drive will be closed.

• There is an existing five-foot wide sidewalk within an existing variable width pedestrian access easement along

Shore Drive. When the existing apron is removed adjacent to Shore Drive, it will be replaced with a five-foot wide concrete sidewalk to match the existing sidewalk.

• Six units adjacent to Shore Drive will have a direct, individual connection to the Shore Drive sidewalk.

Background and Summary of Proposal


Architectural Design • The proposed buildings are three-story, vernacular-style buildings with columns and accents constructed with

cement fiber siding and a brick water-table feature. The buildings feature gable roofs with architectural shingles and gable end variations in the front. Each dwelling unit will have two, multi-story porches with vinyl clad railings in the front and one porch with a pergola in the rear.

• Consistent with the Shore Drive Design Guidelines, the lower two-thirds of the building generate architectural interest by using doors, windows, materials and patterns. The upper one-third properly integrates roof treatments and varying rooflines.

• Section 904(b) of the Zoning Ordinance restricts the maximum height of parcel zoned B-4 Mixed Use to 35 feet within one hundred feet of an adjoining residential district. The submitted elevation depict a 37-foot 3-inch structure within ten feet of the residential district. A deviation is requested to address this deficiency.

Landscape and Open Space

• The submitted buildings’ renderings depict perimeter landscaping along the fence line adjacent to the rights-of-way. Ornamental and medium size deciduous street trees are located behind the fence as is consistent with the Shore Drive Design Guidelines. Interior parking islands are planted with a mix of shrubs, ornamental trees and medium deciduous trees.

• A large open space area is located along Shore Drive in the eastern portion of the property.

• Within the Shore Drive Corridor Overlay, a 15-foot minimum yard is required with Category IV plantings. The proposed site layout is deficient of this requirement. A deviation is requested to address this deficiency.

Zoning History # Request 1 MOD (Conditions) Approved 07/02/2002

CUP (Boat Sales & Small Engine Repair) Approved 05/09/2000 CUP (Automobile Service Station) Approved 01/28/1985

2 MOD (Proffers) Approved 01/12/2010 MOD (Proffers) Approved 01/22/2008 CRZ (B-2 to Conditional B-4) Approved 10/25/2005 CUP (Multiple-Family Dwellings) Approved 10/25/2005

3 MOD (Proffers) Approved 01/12/2010 CRZ (B-2 to Conditional B-4) Approved 10/25/2005 CUP (Multiple-Family Dwellings) Approved 10/25/2005

Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

The Comprehensive Plan identifies this site as being in Suburban Focus Area 1 – Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing

Comprehensive Plan Recommendations

1 2 3


State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach’s primary east-west connectors, creating unique and sometimes problematic challenges. The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Planning policies that apply to this request include improving the land use compatibilities, avoiding over-commercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. (Sec. 1.3, pp. 70-71)

The site is located in the Chesapeake Bay watershed. The site is also located entirely in the AE Flood Zone with a Base Flood Elevation of seven feet. There do not appear to be any significant natural or cultural resources associated with the site.

Street Name Present Volume Present Capacity Generated Traffic

Shore Drive 36,398 ADT 1 17,300 ADT 1 (LOS 4 “C”) 31,700 ADT 1 (LOS 4 “F”) Existing Land Use 2 – 302 ADT

Proposed Land Use 3 - 46 ADT Roanoke Avenue No Count Data

Available 9,900 ADT 1 (LOS 4 “D”)

1 Average Daily Trips 2 as defined by 24,288 square feet of B-2 property

3 as defined by eight residential townhouses

4 LOS = Level of Service

Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shore Drive is a divided four lane urban major arterial. The MTP shows it as a divided road within a bikeway with a 150-foot right-of-way. The Shore Drive and Stratford Road Intersection Improvements CIP project will convert the existing span wire traffic signal into a mast arm signal with guardrail. Pedestrian improvements such as crosswalks are also included. The Lesner Bridge Replacement CIP project is located approximately one-half mile east of the site and is currently under construction.

Water The site must connect to City water. The Department of Public Utilities desires each of the proposed units to be served by a single and exclusive water service line and meter and connected to City standard public water lines within an appropriately sized public utility easement along the rear drive aisle. There is an existing 16-inch City water main in Shore Drive and an existing six-inch City water main in Roanoke Avenue. There is also an 18-inch HRSD force main in Shore Drive. Sewer The site must connect to City sanitary sewer. The Department of Public Utilities desires each of the proposed units to be served by a single and exclusive sanitary sewer lateral and cleanout and connect to sanitary sewer mains within an appropriately sized public utility easement along the rear drive aisle. There is an existing eight-inch City sanitary gravity main in Shore Drive, in Roanoke Avenue and in West Stratford Drive.

Natural and Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts


The proposed rezoning is consistent with the recommendations of the Comprehensive Plan for Suburban Focus Area 1 – Shore Drive Corridor by promoting compatible infill development at a density compatible to the surrounding area. Many of the multifamily residential developments that have been constructed along Shore Drive are an average of close to 20 units per acres, or in some cases even more. The residential density of the proposed eight unit development is significantly less at 14.29 units per acre. The proposed layout and driveway and parking space materials were chosen to minimize impervious surfaces while still providing a logical layout. The multiple pedestrian access points and green space along Shore Drive achieves a multi-modal option for residents. The 48-inch vinyl fence with brick fence columns will enclose the site from the busy Shore Drive. The staggered massing of the proposed buildings is in accordance with the Shore Drive Design Guidelines and provides pedestrian scale elements to create a visually attractive and inviting presence. Interesting features such as porches, columns and gable-end roof variations enhance the exterior appearance of the buildings. The site has a low-lying topography and is located entirely in the AE flood zone. It appears the Base Flood Elevation (BFE) for the site is seven feet. The proposed elevations depict a garage as the lowest level. Parking, building access, and limited storage can be located on the lowest level at grade. However, the living level of the structure must be at or above an elevation two feet above the BFE. Any part of the first level that is below the BFE must be constructed with flood resistant materials and be properly vented as outlined in the Floodplain Ordinance. The applicant is aware of these requirements, as Staff met with the applicant early in the design process. Multiple deviations in regards to setback, building height and landscaping requirements have been requested. The applicant is requesting that these deficiencies be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if “for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties.” Staff concludes that the deviations in this request are warranted given that no adverse detrimental effects are anticipated on the surrounding properties and the quality site design and layout on this irregularly shaped parcel. Staff views the request to rezone this site for residential purposes as an enhancement to the Shore Drive Corridor and to the existing residential neighborhood surrounding the site. Staff recommends approval of the request subject to the proffers and conditions below.

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 is developed, in order to achieve a coordinated design and development of this residential condominium in terms of limited vehicular access, parking, and building layout, the exhibit entitled, “SITE IMPROVEMENT PLAN, MULTI-FAMILY SITE PLAN EXHIBIT”, dated June 30, 2016, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (‘Concept Plans”) shall be substantially adhered to. Proffer 2: When the Property is developed, vehicular ingress and egress shall be via one (1) entrance from Roanoke Avenue.

Evaluation and Recommendation

Proposed Proffers


Proffer 3: The architectural design of the buildings depicted on the Concept Plan will be substantially as depicted on the two (2) exhibits entitled “BUILDING ELEVATIONS’ Sheets C-3.0 and C-3.1, dated June 30 2016, compiled by WPL (“Elevations”) and on the four (4) perspectives entitled “shore dr. & Roanoke ave.” (a) “corner elevation”, (b) “south elevation”, (c) “east elevation” and (d) “rear elevation”, dated 30 june 2016 (“Renderings”), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (“Elevations”). The exterior building materials shall be cement fiber siding, vinyl clad railings, columns and accents, architectural shingles, with the water-table feature and masonry fence columns to be a matching combination of brick and/or parged c.m.u. Proffer 4: When the property is developed, there will be no more than eight (8) residential condominium units as depicted on the Concept Plans. Proffer 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proffers listed above are acceptable. They provide assurance that the development of the site with eight residential condominium units will be as depicted on the proffered site plan, elevations and renderings. They also guarantee that the buildings will be constructed with the materials listed and at the height noted on the submitted elevations.

1. Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that

reflects the plant material and placement depicted on the submitted landscape plan entitled, “CONCEPTUAL PLANTING PLAN,” dated June 30, 2016, prepared by WPL, and is consistent with the plant lists as specified in the Shore Drive Corridor Plan. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect.

2. Any proposed fencing shall be vinyl and no taller than four (4) feet if adjacent to a right-of-way and no taller than six (6) feet if adjacent to private property. Fence columns shall be constructed with brick and/or parged c.m.u.

3. Each unit on the site shall connect to City water and be served by a single and exclusive water service line and meter. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval.

4. Each unit on the site shall connect to City sanitary sewer and be served by a single and exclusive sanitary sewer lateral and cleanout. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval.

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.

Recommended Conditions


Proposed Concept Plan


Existing Site Survey


Proposed Renderings


Proposed Elevations


Site Photos


Disclosure Statement

Background and Summary of Proposal - VBgov.com...Sep 14, 2016 · • The site is oddly shaped and...

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