19 December 8, 2010 Public Hearing APPLICANT: GEO I, L.L.C.

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1 19 December 8, 2010 Public Hearing APPLICANT: PROPERTY OWNER:, DONALD K. PILAND, AND BOOTSIE LORAINE TERRY STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (R-10 Residential to Conditional R-5D Residential with a Workforce Housing Overlay (WF)) ADDRESS / DESCRIPTION: 4480 Indian River Road,4488 Indian River Road, and Parcel GPIN: ; ; ELECTION DISTRICT: CENTERVILLE SITE SIZE: acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant proposes to rezone the existing R-10 Residential properties to Conditional R-5D Residential with a Workforce Housing Overlay and develop the acres site with 50 single-family dwelling units, of which eight units will be designated for workforce housing. The site is an odd shape, long and narrow on the northern portion, and shaped similar to an L on the southern portion. Future Indian River Road right-of-way cuts through the site approximately 950-feet from the existing Indian River Road. A 50-foot ingress / egress easement to the previous farm house and a variable width utility easement run through the center of the site, as well as a 30-foot raw water line easement which runs across the rear of the site. The configuration of the site and the easements within the site present development challenges. The applicant states the layout is similar to surrounding lots in the Glenwood subdivision. Page 1

2 The submitted preliminary subdivision exhibit depicts 50 single-family lots, almost twice the number of lots allowed by the existing zoning. The lots range in size from 4,000 square feet to 19,800 square feet, with an average lot size of 5,300 square feet. Proposed lots 1-47 are depicted between existing Indian River Road and the future Indian River Road. These lots will be accessed from the existing Indian River Road. Proposed Lots will be accessed from Flax Mill Drive in Glenwood. Future Indian River Road will have limited access and neither portion of the proposed subdivision will be allowed to access the proposed roadway. There are four cul-de-sacs proposed within the subdivision. Proposed lots 1-3 will front Indian River Road and are accessed through the rear of the sites. Street trees are proposed along the roadway and cul-de-sacs as well as a landscape island in the roadway midway into the subdivision. A.46 acre park is also proposed. Sidewalks are proposed along the northern side of the roadway. A six-foot fence with landscaping is proposed, if no sound barrier wall is installed, adjacent to future Indian River Road. The applicant submitted eight model designs, all two story in height. Exterior building materials include vinyl shake and brick accents. Double car garage doors dominate the fronts of the proposed dwellings, although two of the dwellings have single-car garages. All of the proposed dwellings have covered front entryways. The proposed dwellings will be three and four bedroom units. LAND USE AND PLAN INFORMATION EXISTING LAND USE: A single-family dwelling and undeveloped fields SURROUNDING LAND USE AND ZONING: North: Glenwood subdivision / Conditional R-10 Residential South: Single-family dwellings / R-10 Residential East: Glenwood subdivision / Conditional R-10 Residential West: Indian River Road Across Indian River Road is Stumpy Lake NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site in the Suburban Area. The Plan recognizes the need to preserve and protect the character of the stable neighborhoods in the suburban area as well as reinforce the suburban characteristics of commercial centers and other non-residential areas that make up the suburban area. Planning principles established to protect this area state that all new development and redevelopment should reinforce neighborhood compatibility, quality site and building design, improved mobility, be environmentally responsible, advance community livability, employ effective buffering between residential and non-residential uses, and be compatible in size and intensity to the existing area. Page 2

3 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in front of this application is a two-lane undivided minor suburban arterial. The 2004 Master Transportation Plan (MTP) proposes a Planned Facility with a divided roadway, bikeway and scenic buffer within a 125 foot right-of-way section. A Capital Improvement Program (CIP) project is slated for this area; Indian River Road Phase VII (CIP ) is for the construction of a four-lane divided arterial highway from Lynnhaven Parkway to Elbow Road Extended, with landscaping and aesthetic design features. This project also includes the relocated intersection of Indian River Road and Elbow Road. Currently, the construction start date is beyond VDOT s Six-Year Plan. Public Works / Roadway Engineering: The Indian River Road Project, CIP 2-256, is currently in the site acquisition process. A draft plat has been developed for the project which includes the right-of-way referenced in the GEO I, LLC., conditional rezoning application. The CIP project will require right-of-way, noise barrier maintenance easements, drainage easements, and temporary construction easements. At this time, it appears that the 125 reserved for the CIP project is sufficient. Upon completion of negotiations with the property owner, a final plat will be recorded establishing the right-of-way and easements required for the property. Public Works / Engineering A dedication of 30 feet along existing Indian River Road such that the minimum right-of-way of 50 feet is achieved and a dedication of 125 feet along Future Indian River Road such that the ultimate right-of-way is achieved in accordance with the Master Transportation Plan amended 10/12/04 is achieved may be required during detailed site plan review. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River Road 9,805 ADT 1 13,600 ADT 1 Existing Land Use 2 0 ADT Proposed Land Use ADT (45 AM Peak Hour / 56 PM Peak Hour 1 Average Daily Trips 2 as defined by vacant property / with the R-10 Residential zoning 182 ADT 3 as defined by50 single-family dwellings STORMWATER MANAGEMENT: The site is within the Southern Watershed. Stormwater quality and quantity will have to be addressed in accordance with the Southern Watershed Management Ordinance and the Virginia Stormwater Management Handbook. WATER: An eight-inch city water main exists along Flax Mill Drive, and a 10-inch city water main exists along Indian River Road. An eight-inch city water main crosses through the property within a variable width public easement, and a 30-inch raw water line crosses the property along the eastern portion of the site. No construction is permitted within the easements. Page 3

4 SEWER: Eight-inch city sanitary sewer gravity mains exist along Flax Mill Drive and Indian River Road; an eight-inch city sanitary sewer main crosses through the property within a variable width public utility easement. SCHOOLS: Current School Capacity Generation 1 Change 2 Enrollment New Castle Salem Middle 1, Salem High 1,897 1, generation represents the number of students that the development will add to the school 2 change represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION The City Zoning Ordinance, Article 21 Workforce Housing, states that the intent of the article is to encourage the development of high-quality housing that is: (1) affordable by households with annual incomes of between eighty (80) percent and one hundred twenty (120) percent of Area Median Income (AMI); or (2), for rental purposes, by households with annual incomes of between sixty (60) percent and ninety (90) percent of AMI, adjusted for family size, who live or work in Virginia Beach. Because such households generally, although not uniformly, consist of one (1) or two (2) working members, such housing is termed "workforce housing." The intent further states In order to accomplish that goal, this article establishes incentives for the construction of workforce housing in areas of the city, including Strategic Growth Areas, in which the Comprehensive Plan recognizes increased density to be appropriate. Equally importantly, this article also ensures that workforce housing will be well-designed, of high quality, and well-integrated into the overall development of which it is a component. I. Section 2105 of the zoning ordinance requires applicants requesting a workforce housing overlay zoning district to provide the following information in order for staff to effectively evaluate the request (the ordinance requirements are listed first and the applicant s response follows in italicized print): (1) A survey of existing site conditions, including trees, contours, floodway, flood fringe, waters, wetlands and other natural features; A survey of the existing conditions on the site is included in the report; (2) A narrative statement of planning objectives for the proposed development; The applicant states that The objective of the proposed development, as it relates to Workforce Housing, is to provide eight (8) Workforce Housing Units within the limits of the proposed Lots 1-47 and to make the units indistinguishable from the non-workforce Housing Units while providing more affordable housing for the citizens of Virginia Beach. Page 4

5 (3) A construction schedule, including a schedule of construction of workforce housing units; The applicant states The Workforce Housing Units are proposed to be constructed in the same ratio as the non-workforce Housing Units. The Workforce Housing Units may even be constructed faster depending upon the market and number of available and qualified buyer for the units. (4) A detailed land use plan, which shall, at a minimum, consist of: a. Architectural elevations for proposed structures, including building materials and colors; The architectural elevations and building materials / colors are included in the report. The applicant proposes eight different architectural styles and sizes for the units. b. A general landscape plan and tree preservation plan; The proposed landscaping is included on the preliminary subdivision plan submitted with the rezoning package and is included in the report. c. A detailed description of the differences in size, interior layout and construction materials between workforce housing units and other dwelling units of the same type; The construction materials, colors and sizes of the proposed workforce housing units will be the same as the non-workforce housing units. Items available for all units include brick fronts and faux cedar shake siding, granite counter tops, stainless steel appliances, and ceramic tile. d. An affordability level statement; An affordability statement was submitted with the rezoning request, was reviewed by the Department of Housing and Neighborhood Preservation for compliance with Area Median Income guidelines, and is included in the report. e. The total area to be included in the Workforce Housing Overlay District as part of the application; The total area of the project is acres. f. The location of residential uses and total number and type of proposed dwelling units, including the location, number and type of workforce housing units; The total number of units proposed for the project is 50 dwellings, of which eight dwellings will be designated as workforce housing. The actual location of the structures is not depicted on the submitted preliminary subdivision exhibit; however the applicant states that the dwelling units will be distributed throughout the subdivision with a limitation of two workforce housing units per cul-de-sac. g. Types of nonresidential uses proposed, if any, including the area and gross floor area proposed for such nonresidential development; Page 5

6 The applicant is dedicating.46 acres of land area to be used as a neighborhood park. h. Gross floor area of all structures; The minimum floor area for the dwellings is 1,900 square feet and includes the garage spaces. The submitted elevations depict floor areas ranging from 2,118 square feet to 2,497 square feet. i. Location of all buildings, streets, alleys and pedestrian walkways; The location of the street, cul-de-sacs, alley, pedestrian walks, and park are depicted on the submitted plan. The actual location of the proposed dwellings is not depicted. j. Regulations governing height, setbacks, floor area ratio, lot coverage, impervious surface, accessory structures (sheds, swimming pools, etc,), signs and fences; Proffer 2 of the proffer agreement, as well as the submitted preliminary subdivision exhibit, provides regulations pertaining to the setbacks for the structures and accessory structures. Staff notes that height, floor area ratios, signs, and fences are not addressed in the proffer agreement or on the submitted plan. A neighborhood sign is depicted on the submitted exhibit plan. k. Number and location of parking spaces, including parking structures; Of the eight model types of the dwellings two have one-car garages and six have two car garages. Double car driveways are depicted on the plan for all the dwelling units. l. Proposed improvements to adjacent public streets; Proposed improvements to Indian River Road include piping the ditch running along the front to the property, and a five-foot sidewalk along the frontages of proposed Lots 1, 2, 3, and the side of Lot 47. A 10-foot right-of-way reservation is also proposed along the frontage of the site. A six-foot tall fence with landscaping is proposed along future Indian River Road. Street trees in accordance with the City standards are proposed along the main roadway and culde-sacs in the project. m. Open space and recreation areas, including areas inside buildings; The applicant is proposing the dedication of a.46 acre park. Sidewalks are proposed along the main roadway from the entrance of the site to the park area. n. Green development features, such as porous paving or pavers, native plant landscaping, reduced street lengths, and reduced pavement width, bio-retention islands, shared parking, vegetated swales in lieu of curb and gutter or other features of development intended to enhance environmental quality. Proposed green features in the subdivision include; Page 6

7 a. Swales as part of the stormwater management system, as well as underground infiltration systems. The project will drain to stormwater treatment facilities located throughout the subdivision. The plan is to use infiltration to treat the stormwater before it flows into the existing downstream conveyance system. Infiltration systems provide a pollutant removal rate of up to sixty-five percent. The systems will drain to the existing outfall along Indian River Road and ultimately into Stumpy Lake. b. Two-zone HVAC units in each home. c. Low-E windows, d. Low flow water fixtures. II. Section 2106 of the ordinance allows a density increase in order to provide for workforce housing units. The ordinance states: The dwelling unit density in the Workforce Housing Overlay District may be increased by a maximum of thirty (30) percent over the density allowed in the underlying zoning district if all of the following conditions are met: (a) Not less than seventeen (17) percent of the total numbers of dwelling units are workforce housing units. In the event the maximum allowable density is not increased by thirty (30) percent, the percentage of workforce housing units required shall maintain the same ratio of thirty (30) percent to seventeen (17) percent; (b) Workforce housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units; (c) The construction of workforce housing units shall reasonably coincide with that of other units; (d) Workforce housing shall conform to the Workforce Housing Design Criteria and any other applicable design standards in the Comprehensive Plan, including, but not limited to, the following standards: a. The exterior of workforce housing units shall have the same building materials and finish, and be effectively indistinguishable from, non-workforce housing units of the same housing type; b. Workforce housing units shall be comparable in bedroom mix, design, and overall quality of construction to the market rate units in the development, except that workforce housing units shall not be required to exceed three (3) bedrooms per unit; and c. The square footage and interior features of workforce housing units shall not be required to be the same as other dwelling units in the development units, so long as they are reasonably similar in size and quality and are consistent with the current building standards for new housing in the City of Virginia Beach. III. Evaluation of the proposed density: (a) Lots in the Glenwood planned unit subdivision are platted at an average of 6,000 square feet. The overall approved density for the Glenwood subdivision is 3 dwelling units to the acre. The existing and surrounding zoning is R-10 Residential which permits 3 dwelling units to the acre. The applicant s plan is submitted with lots proposed at an average of 5,300 square feet and at 5.3 dwelling units to the acre. The site contains 9.43 acres. The current zoning of R-10 Residential permits 28 dwellings. The applicant is requesting a change of zoning to R-5D Residential with a Workforce Housing overlay. Page 7

8 This would permit 57 dwellings, a 100 percent increase in dwelling units. The applicant proposes 50 dwelling units, which is a 78 percent increase, and is proffering eight (8) units will be Workforce Housing Units. The ordinance states that (a) Not less than seventeen (17) percent of the total number of dwelling units is workforce housing units. In the event the maximum allowable density is not increased by thirty (30) percent, the percentage of workforce housing units required shall maintain the same ratio of thirty (30) percent to seventeen (17) percent; If a workforce housing project does not take the entire 30% density increase, they can decrease the number of workforce housing units proportionately below 17%. With regard to the proposed density increase above 30%, (current R-10 Residential to R-5D Residential) staff believes that there should be more units designated as workforce housing. The proposed density is increasing by 78%. Proportionately, that equates to 44% workforce housing units, or 22 workforce housing units. The applicant proposes eight dwelling units. (b) According to the applicant s narrative the units will be dispersed throughout the neighborhood. (c) Construction of the units shall coincide with the regular dwelling units. (d) The proposed workforce housing units will be indistinguishable from other dwelling in the subdivision. IV. Conclusion Staff and the applicant met several times to discuss the proposal. Staff concerns of the proposed density, site layout, and stormwater management were discussed at all of the meetings. Staff requested that the applicant consider an R-7.5 Residential district density of 3.5 dwelling units to the acre, which would allow 33 dwelling units. The allowance of a 30 percent density increase would allow 42 dwelling units, of which seven would have to be designated as workforce housing. Staff also requested that the applicant try to obtain additional properties so that there could be a better site layout and possible future connectivity to adjacent under developed properties, as opposed to the existing configuration of the site. Staff also requested further information regarding the proposed stormwater management system as we do not believe an infiltration system would provide the necessary stormwater management for the site. After careful evaluation staff finds it cannot recommend approval of the request to rezone the sites from R-10 Residential to R-5D Residential with a Workforce Housing overlay. Research of the immediate area reveals the area has consistently been developed at a density of 3 dwelling units to the acre. The proposed 78 percent increase in density in a corridor that has historically developed at 3 dwelling units to the acre is not acceptable. Further complicating the request is the fact that there are several under developed properties adjacent to the proposal, and an increase of twice the number of dwelling units allowed by the existing zoning will set a precedent for those properties. Staff believes there will be severe drainage issues associated with the use of an infiltration and swale system as the systems are generally not maintained and become wet ditches. The applicant plans to drain into Stumpy Lake which is a drinking water reservoir. Drainage into the lake could possibly present degradation of the water quality. Further the configuration of the site, due to the fact that the property owner along the southern portion of the site does not want to sell and the site is encumbered with several utility easements, precludes a design that would provide connectivity to future development in the immediate area. The proposed Page 8

9 architecture of the dwellings does not provide for any special architectural features and in fact is quite plain in appearance. Due to the width of the site at Indian River Road and the applicant s need to produce a certain number of dwellings there is no entrance feature that welcomes future homeowners to the subdivision. It is admirable that the applicant wants to provide affordable housing for the City s workforce, however attention to good planning principles, good design, and amenities should be primary for the development. Therefore staff cannot recommend approval of the request. 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 developed, it shall be developed substantially as shown on the exhibit entitled Preliminary Subdivision Exhibit for GEO I, LLC. Virginia Beach, Virginia, prepared by Site Improvement Associates, Inc., dated July 14, 2010, which is on file with the City of Virginia Beach Planning Department (hereinafter Site Plan ), and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of lots within the Conditional R-5D (WF) zoning classification will be fifty (50) with setback lines of fifteen-feet (15 ) along the front of the lots for the principal structure; ten-feet (10 ) along the front of the lots for porches, stoops, balconies, and the like; ten-feet (10 ) along the rear of the lots for the principal structures and for porches, stoops, balconies, and the like; ten-feet (10 ) along Future Indian River Road; five-feet (5 ) along the sides of the lots for the principal structure; three-feet (3 ) along the sides of the lots for accessory structures, porches, stoops, balconies, and the like as shown specified on the Site Plan. PROFFER 3: The Owners agree to designate eight (8) of the lots within the Conditional R-5D (WF) zoning classification as Workforce Housing as defined in Section 2100, et. Seq. and those guidelines and standards established there from, and that such Workforce Housing lots will be distributed throughout Lots 1-47 on the Site Plan. PROFFER 4: The housing units that will be constructed within this subdivision will be in substantial conformance with the drawings and renderings prepared by Martin & Martin Architecture, designated as 3-BR Type A, A.1; 3-BR Type B, B.1; 4-BR Type A, A.1; and 4-BR Type B, B.1 and include as part of the Conditional Rezoning application on file in the Virginia Beach Planning Department (hereinafter Site Plan ), and has been exhibited to the Virginia Beach City Council. PROFFER 5: The Owners agree to dedicate 20,021 square feet (0.46 acres) to the City of Virginia Beach, as shown on the Site Plan, for purposes of a public park. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the number of units to be set Page 9

10 aside for workforce housing, the layout of the project, as well as the park area The City Attorney s Office has reviewed the proffer agreement dated and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning 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 change of zoning 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 10

11 AERIAL OF SITE LOCATION Page 11

12 PHYSICAL SURVEY Page 12

13 PROPOSED SITE PLAN Page 13

14 PROPOSED BUILDING ELEVATION Page 14

15 PROPOSED BUILDING ELEVATION Page 15

16 PROPOSED BUILDING ELEVATION Page 16

17 PROPOSED BUILDING ELEVATION Page 17

18 PROPOSED BUILDING ELEVATION Page 18

19 PROPOSED BUILDING ELEVATION Page 19

20 PROPOSED BUILDING ELEVATION Page 20

21 PROPOSED BUILDING ELEVATION Page 21

22 1 # DATE REQUEST ACTION 1. 2/25/85 Rezoning (R-5 Residential to PDH2 Planned Unit (R-10 Residential) Approved 2/26/91 Reconsideration of Conditions Approved There is no further zoning activity to report for the area. The area has consistently been zoned at 3 dwelling units to the acre. ZONING HISTORY Page 22

23 AFFORDABILITY LEVEL STATEMENT Page 23

24 DISCLOSURE STATEMENT Page 24

25 DISCLOSURE STATEMENT Page 25