Applicants & Property Owners: Danny K. & Patricia S ...

Danny K. & Patricia S. Martin, Bryan & Arleen Martin, and Robert & Natalie Faison Agenda Item 2

Applicants & Property Owners: Danny K. & Patricia S. Martin, Bryan & Arleen Martin, and Robert & Natalie Faison Public Hearing: March 11, 2020

City Council Election District: Bayside

Request Conditional Rezoning (B-2 Community Business District (Shore Drive Corridor Overlay) to Conditonal R-5R Residential Resort District (Shore Drive Corridor Overlay))

Staff Recommendation Approval

Staff Planner Marchelle Coleman

Location 3705 Surry Road GPIN 1489491015 Site Size 7,184 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay

Existing Land Use and Zoning District Single-family dwelling / B-2 Community Business (Shore Drive Corridor Overlay)

Surrounding Land Uses and Zoning Districts North Surry Road Duplex dwellings / R-5R Residential (Shore Drive Corridor Overlay) South Shore Drive Commercial retail, multi-family dwellings / B-2 Community Business (Shore Drive Corridor Overlay) & B-4 Mixed Use (Shore Drive Corridor Overlay) East Law office / B-2 Community Business (Shore Drive Corridor Overlay) West Duplex / R-5R Residential (Shore Drive Corridor Overlay)

Agenda Item 2


• The applicant is requesting to rezone a 7,184 square foot parcel from B-2 Community Business (Shore Drive Corridor

Overlay) to Conditional R-5R Residential Resort District (Shore Drive Corridor Overlay).

• The existing lot was created in 1916 and the the single-family dwelling on the property was constructed in 1920. The lot is situated on a through lot with street frontage along Shore Drive and Surry Road.

• In 1954, Princess Anne County adopted its first Zoning Ordinance and this property was designated as CL-3 Limited

Commercial Zoning District, rather than RD-2 Residence Duplex Zoning District, which the majority of the surrounding properties with residential units were classified. By labeling this property as CL-3 Limited Commercial District, the existing single-family dwelling became a legally non-conforming use. The CL-3 Limited Commercial Zoning District would later be reclassified to B-2 Community Business with the adoption of the City of Virginia Beach Zoning Ordinance in 1973.

• The owners of the property are now proposing to demolish the 100-year old single-family dwelling to construct a

three-story duplex comparable to the existing residential uses along Surry Road. Each unit of the duplex will have two front loading garages with two parking spaces provided in the driveway. The primary exterior building materials are faux cedar shake vinyl and premium vinyl with stone accents, as depicted on page eight of this report. Colors of all materials will be a combination of earth tone colors indicative of coastal communities, as indicated in Proffer 2.

• Given the site’s irregular shape, the site does not meet the minimum requirements of the current R-5R Residential

Resort Zoning District. Therefore, pursuant to 107(i) of the City Zoning Ordinance, the applicant is requesting deviations to lot area and lot width.

Required Proposed

Lot Width (Square Feet) 75 42

Lot Area (Square Feet) 10,000 7,184

• To remain in keeping with the residential character of the neighborhood, vehicular access to the site is proposed

along Surry Road. The applicant proposes to eliminate the access point along Shore Drive.

• A four-foot white PVC vinyl fence is proposed along Shore Drive and will be five feet from the the property line. Per the Landcape & Fence Exhibit, depicted on page eight of this report, evergreen shurbs and small ornamental flowering trees will be installed, providing sufficient buffering and screening along Shore Drive.

Background & Summary of Proposal


Zoning History # Request 1 CRZ (B-2 to Conditional B-4) Approved 11/15/2016

CUP (Multi-Family Dwellings) Approved 11/15/2016 MOD (Boat Sales & Small Engine Repair) Approved 07/02/2002 CUP (Boat Sales & Small Engine Repair) Approved 05/09/2000 CUP (Gasoline Service Station) Approved 01/28/1985

2 CRZ (B-2 to Conditional B-4) Approved 06/19/2018 CUP (Multiple-Family Dwellings) Approved 06/19/2018

3 MOD Approved 12/12/2006

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

LUP – Land Use Plan STR – Short Term Rental

This request to rezone the 7,184 square foot parcel from B-2 Community Business District (Shore Drive Corridor Overlay) to Conditional R-5R Residential Resort District (Shore Drive Corridor Overlay) to construct a three-story duplex is acceptable. The property is located within the Suburban Focus Area 1 - Shore Drive Corridor. The proposed rezoning is consistent with the recommendations of the Comprehensive Plan by promoting compatible infill development at a density comparable to the surrounding area. The proposal results in a density slightly above 12 units per acre, retaining its present standing as one of the least densely developed properties on the north side of Shore Drive. Being that this property is currently zoned B-2 Community Business (Shore Drive Corridor Overlay), a commercial use is allowed with access available along either Shore Drive or Surry Road. Both options could ultimately provide negative affects on neighboring properties. Therefore, maintaining this use as a residential property adheres to the Comprehensive Plan’s desire to avoid over-commercialization by preserving and protecting the character of this established neighborhood. As many of the properties along Surry Road are duplexes, this request is compatible with the character of the Ocean Park neighborhood. Consistent with the Shore Drive Corridor Plan Guidelines, the proposed materials and design elements of faux cedar shake vinyl and preminum vinyl with stone accents help enhance the economic vitality and visual aesthetics of the Shore Drive Corridor. The site has a low-lying topography and is located entirely in the AE flood zone. According to the FEMA Firm Based Elevation map, it appears the Base Flood Elevation (BFE) for the site is seven feet. The proposed elevations depict a garage at the lowest level. 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. Deviations to lot area and lot width have been requested. The applicant is requesting that these deficiencies be addressed through the provisions of Section 107(i) of the Zoning Ordinance, which states that the rezoning shall not be approved by the City Council unless “it finds that either special circumstances pertinent to the site or the proposed conditions of rezoning adequately offset the negative effects of deficiency” and may “for good cause shown and upon a finding that there will be no signigicant detrimental effects on the surrounding properties”. Based on this, Staff concludes that the deviations proposed with this request are warranted given that no adverse detrimental effects are

Evaluation & Recommendation


anticipated on the surrounding properties, given the quality of the site and building design, and that the proposed development adheres to the current requirements of the R-5R Residential Resort District regarding setbacks, lot coverage, floor area, and impervious surface. It is also important to note, that many of the R-5R zoned lots along Surry Road are developed with duplex structures, many of which are deficient in both lot width and lot area. With this lot being the larger of many of the lots along Surry Road, there will be no negative effects to the surrounding properties. Staff finds the request to rezone this site to be consistent with the desires of the Comprehensive Plan, as the site is currently zoned B-2 Community Business (Shore Drive Corridor Overlay) and could potentially be developed as a commercial site. Staff does not consider a commercial use on this property to be a practical development, as it would conflict with the residential character of the properties along Surry Road. Therefore, the proposal to rezone this property from B-2 Community Business (Shore Drive Corridor Overlay) to Conditional R-5R Residential Resort (Shore Drive Corridor Overlay) to construct a three-story duplex would not negatively impact adjacent residential neighbors and will be consistent with the existing duplex properties along Surry Road. The applicant appeared before the Bayfront Advisory Commission and no opposition was raised. Based on these considerations, Staff recommends approval of the request subject to the proffers 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 redeveloped, it shall be improved with a residential duplex to be located and accessed, as well as landscaped substantially as shown on the exhibits entitled “REZONING EXHIBIT OF LOT 5 BLOCK 26 SECTION “B” OCEAN PARK M.B. 5 P. 137 VIRGINIA BEACH, VIRGINIA”, dated December 2, 2019, prepared by Gallup Surveyors & Engineers, Ltd. and “LANDSCAPE & FENCE EXHIBIT OF LOT 5 BLOCK 26 SECTION “B” OCEAN PARK M.B. 5 P. 137 VIRGINIA BEACH, VIRGINIA”, dated December 17, 2019, prepared by Frankenfield Design & Development LLC, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter “Rezoning Exhibit”). Proffer 2: The architectural design of the duplex depicted on the Rezoning Exhibit will be as depicted on the exhibit entitled, “3705 SURRY ROAD DUPLEX”, dated December 17, 2019 (hereinafter “Elevations”) with the primary exterior building materials being faux cedar shake vinyl, premium vinyl and stone accents (front). The colors will be light earth tones such as beige, cream, or light brown, along with white. The elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 3: When the Property is developed, the Grantors shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include a restriction prohibiting the rental of either unit for a term of less than thirty (30) days. The Condominium Unit Owners’ Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential units owners, in the Condominium Association shall be mandatory.

Proffers


Proffer 4: 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: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney’s Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form.

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 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.

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 does not appear to be signficiant natural or cultural resources associated with the site.

Street Name Present Volume Present Capacity Generated Traffic

Surry Road No Data Available Existing Land Use 1 – 10 ADT

Existing Zoning Land Use 2 – 90 ADT Proposed Land Use 3 – 20 ADT

1 as defined by a single-family dwelling

2 as defined based on potential .17 acre B-2 zoning use

3 as defined by a 2-unit duplex dwelling

Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Surry Road in the vicinity of this application is considered a two-lane undivided local street. There are no roadway Capital Improvement Program projects slated for this roadway. This property also fronts Shore Drive, which is part of the Shore Drive Corridor Improvement - Phase IV project. This project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections, improve storm drainage, include a multi-use trail, five-foot sidewalk and on-street bike lanes, and enhance the corridor with aesthetic elements such as landscaping and lighting. Construction on this project is currently scheduled to begin in 2024.

Comprehensive Plan Recommendations

Natural and Cultural Resources Impacts

Traffic Impacts


Water The site must connect to City water. Each dwelling unit will require a separate and exclusive water service line and meter for connection to the public water system. If adequate, the existing water service to the site may be used to accommodate 1 dwelling unit. Sewer The site must connect to City sewer. Each dwelling unit will require a separate and exclusive sewer lateral for connection to the public sewer system. If feasible, the existing sewer lateral to the site may be used to accommodate 1 dwelling unit.

Planning Commission

• The applicant met with the Bayfront Advisory Commission on to disuss the details of the request. Based on the Bayfront Advisory Commissions review of the request, no objections were raised.

• As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on February 10, 2020.

• As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, February 23, 2020 and March 1, 2020.

• As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 24, 2020.

• This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.vbgov.com/pc on March 5, 2020.

Public Utility Impacts

Public Outreach Information

http://www.vbgov.com/pc


Proposed Site Layout & Rezoning Exhibit


Proposed Landscape & Fence Exhibit


Proposed Elevation Plan


Site Photos


Disclosure Statement


• Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council

public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days.

• Following City Council’s decision, the applicant will receive a decision letter from Staff.

• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074.

• If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610.

• Please note that 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 approvals allowed by this application 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.

Next Steps

Applicants & Property Owners: Danny K. & Patricia S ...

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