Request Conditional Rezoning (A-12 to Conditional R- 5S) Staff Recommendation Approval. Staff Planner Jimmy McNamara

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1 Applicant & Property Owner ACC Property Solutions, Inc. Public Hearing March 14, 2018 City Council Election District Beach Agenda Item 7 Request Conditional Rezoning (A-12 to Conditional R- 5S) Staff Recommendation Approval Staff Planner Jimmy McNamara Location 1602 Cypress Avenue GPIN Site Size 2,200 square feet AICUZ db DNL Watershed Atlantic Ocean Existing Land Use and Zoning District Single-family dwelling / A-12 Apartment Surrounding Land Uses and Zoning Districts North Single-family dwelling / A-12 Apartment South Single-family dwelling / A-12 Apartment East Cypress Avenue Apartments / RT-3 Resort Tourist West Single-family dwelling / A-12 Apartment Page 1

2 Background and Summary of Proposal The 2,117 square-foot property is developed with a single-family dwelling that was constructed in As the property is currently zoned A-12 Apartment District, the single-family dwelling is a legally non-conforming use that is not permitted in the Apartment Districts. The applicant desires to redevelop the property with a single-family dwelling. As such, a Conditional Rezoning from A-12 Apartment District to Conditional R-5S Residential District is requested. A three-story dwelling with a side-loading garage is proposed, largely within the footprint of the existing structure. The submitted elevations depicts primary exterior building materials of cement fiber board and vinyl siding. While the proposed structure will encroach into the front and side yard setbacks, as does the existing structure, it will do so to a lesser extent. The existing building is less than one foot from the side yard setback, and the new dwelling is proposed to be three feet from the side yard setback and the front porch will be as close as 0.6 feet from the property line. As such, the applicant is requesting deviations to the side and front yard setbacks. The proposed site layout also depicts the removal of an existing shed. The site is currently over the maximum allowed lot coverage of 40%. The redevelopment of the site represents a reduction in lot coverage to 35%, which is consistent with the requirements of the R-5S Residential District. No Zoning History to Report 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 Evaluation and Recommendation The site s small size presents multiple challenges in regards to redevelopment. In Staff s opinion, redeveloping the site with anything other than a single-family dwelling is nearly impossible. In addition, the property is surrounded by several legal, non-conforming single-family dwellings that have existed along the west side of Cypress Avenue for nearly 80 years. Multiple deviations are sought with this request in regards to front and side yard setbacks, and the minimum lot area requirement of 5,000 square feet. Section 107 (i) states that City Council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback and minimum lot area requirements. Given the constraints of this site, Staff supports these deviation requests. The proposed rezoning will permit a single-family dwelling to occupy the site, which will be more in line with the existing residential structures on the west side of Cypress Avenue. Likewise, as the site is located in the noise zone, rezoning the property from A-12 Apartment District, which does allow a duplex with two dwelling units, to Conditional R-5S for one dwelling unit is a desirable outcome in regards to compliance with Section 1800 of the Zoning Ordinance. It is Staff s opinion that the proposed request to rezone the property to R-5S Residential District, in order to redevelop the site with a single-family dwelling, is acceptable. Staff recommends approval of the request subject to the submitted proffers. Proffers 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 and the dwelling shall be located substantially as shown on the exhibit entitled CONDITIONAL REZONING EXHIBIT OF LOT B, as shown on the plat PROPERTY OF ROY S. WHITEHURST (M.B. 16 P. 23), Virginia Beach, Virginia September 25, 2017 For: ACC Property Solutions, Inc., prepared by DKT Associates, revised , which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The architectural design of the home depicted on the Site Plan will be as depicted on the exhibit entitled, 1602 CYPRESS AVENUE, prepared by J. Smith Designs, dated , which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 3: Further conditions may be required by the Grantee during Subdivision 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, as they represent a development that is consistent and compatible with the surrounding properties. Page 3

4 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. 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 a mixture of compatible resort and year-round uses as well as improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods. Natural and Cultural Resources Impacts This site is located within the Atlantic Ocean watershed. As the site is currently developed with a single-family dwelling, there are no known significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Cypress Avenue No Data Available Existing Land Use 2 10 ADT 1 Proposed Land Use 2-10 ADT 1 1 Average Daily Trips 2 as defined by a singlefamily dwelling Public Utility Impacts Water The site is currently connected to City water. There is an existing eight-inch City water main in Cypress Avenue. Sewer The site is currently connected to City sewer. There is an existing eight-inch City gravity sanitary sewer main in Cypress Avenue. Page 4

5 Existing Site Layout Existing Dwelling 0.8-foot setback 0.6-foot setback Page 5

6 Proposed Site Layout Proposed Dwelling 3-foot setback 4.4-foot setback (Front Façade) 0.8-foot setback (Porch) Page 6

7 Proposed Elevations Page 7

8 Site Photos 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