16 February 9, 2011 Public Hearing APPLICANT: GEO I, L.L.C.

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1 16 February 9, 2011 Public Hearing APPLICANT: GEO I, L.L.C. PROPERTY OWNER: GEO I, L.L.C., DONALD K. PILAND, AND BOOTSIE LORAINE TERRY STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (R-10 Residential to Conditional R-7.5 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-7.5 Residential with a Workforce Housing Overlay and develop the acres site with 42 single-family dwelling units, of which seven 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. 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. Page 1

2 The submitted preliminary subdivision exhibit depicts 42 single-family lots. The lots range in size from 4,000 square feet to 19,800 square feet, with an average lot size of 5,500 square feet. Proposed lots 1-39 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 40, 41, and 42 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 three 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. An entrance sign of brick with a pergola and a 4-foot high picket fence are depicted along the frontage of Lots 1-3 and along the side of Lot 39, along Indian River Road. Street trees and shrubs are proposed along the roadway and cul-de-sacs as well as a landscape island with a defining community structure in the roadway midway into the subdivision. Colorized stamped asphalt is proposed in the middle of the cul-de-sacs. A.46 acre park is proposed, as well as an area just over an acre in size for the stormwater management pond system. A pergola and picket fence define the entrance to the park. Sidewalks are proposed along the northern side of the roadway. Three foot wide stained concrete bands define the end of the driveways. A six-foot fence with landscaping is proposed 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. Several of the models have slightly recessed garage areas with trellis features over the entrances to the garages. All of the proposed dwellings have covered front entryways. The proposed dwellings will be three and four bedroom units. APPLICATION HISTORY: The applicant deferred the request at the December 8, 2010 Planning Commission meeting so he could work with staff on issues regarding density and site design. The applicant re-submitted the request with a Conditional R-7.5 Residential with a Workforce Housing Overlay. The site has been re-designed to develop 42 single-family dwellings of which 7 dwellings will be designated as workforce housing. The proposed site re-design includes a storm water management pond, three cul-de-sacs with stamped and colorized asphalt in the centers, 3-foot stained color concrete bands at the end of the proposed driveways, fencing and a pergola at the park entrance, and trees and shrubs along the frontages of the proposed lots. 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. Page 2

3 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. 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 (45 AM Peak Hour / 56 PM Peak Hour) Average Daily Trips 2 as defined by vacant property / with R-10 residential zoning 182 ADT 3 as defined by 50 single-family dwellings Page 3

4 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. 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: School Current Enrollment Capacity Generation 1 Change 2 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 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; Page 4

5 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 seven (7) Workforce Housing Units within the limits of the proposed Lots 1-39 and to make the units indistinguishable from the non-workforce Housing Units while providing more affordable housing for the citizens of Virginia Beach. (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 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; Page 5

6 The total number of units proposed for the project is 42 dwellings, of which seven 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; 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 2,120 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 proposed location of the proposed dwellings is depicted, but may change with the actual development of the site. 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 exhibit 1A, 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. The applicant states that other than the specific zoning issues addressed within the submitted application and proffer agreement. The zoning standards of the underlying R-7.5 District shall apply to the development. A neighborhood sign, fencing, changes in asphalt, pergola at the entrance to the park, and a landscaped island with a defining community structure are depicted on the submitted exhibit 1 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 39. 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. Page 6

7 m. Open space and recreation areas, including areas inside buildings; The applicant is proposing the dedication of a.46 acre park. The entrance to the park is defined with a 4-foot picket fence and pergola. Sidewalks are proposed along the main roadway from the entrance of the site to the park area. Next to the proposed park a storm water management pond is depicted on a little over an acre of land area. Combined park and storm water management area provides approximately one and ½ acres of open space. 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; a. A lake is proposed for use as part of the storm water management system in addition to the proposed underground infiltration trenches. b. An underground infiltration system is also proposed to handle the storm water runoff from this development before it is discharged into the receiving drainage system. The system will allow groundwater recharge in accordance with generally accepted green development guidelines. c. Two-zone HVAC units in each home. d. Low-E windows, e. 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 Page 7

8 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 5,500 square feet and at 3.5 dwelling units to the acre. The 30% increase in density allows for an overall density of 4.4 units to the acre. RECOMMENDATION The site contains 9.43 acres. The current zoning of R-10 Residential permits 28 dwellings. Staff and the applicant met several times to discuss the proposal. Staff concerns regarding 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 allows 42 dwelling units, of which seven would have to be designated as workforce housing. The applicant has worked with staff to produce a project that will set the tone for workforce housing developments in residential districts. The site has been redesigned to be developed at an R-7.5 Residential district density which is more in keeping with the surrounding Glenwood subdivision. The proposed lot sizes are consistent with the Glenwood subdivision, as well as the proposed dwelling sizes. The applicant has provided additional open space with the proposed storm water management pond. Site details include changes in asphalt and concrete design, a defined entrance to the proposed park area, picket fencing and pergolas, and a decorative structure in the traffic circle midway through the site. The request is consistent with the Comprehensive Plan recommendations for the area and provides workforce housing. Therefore staff recommends approval of the request subject to the proffers listed below. 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 exhibits entitled Exhibit 1 for Riverlake, prepared by Porterfield Design Center, and Exhibit 1A for Riverlake, prepared by Site Improvement Associates, Inc., each dated July 14, 2010, which is on file with the Virginia Beach Department of Planning (hereinafter Site Plan ) and has been exhibited to the Virginia Beach City Council. PROFFER 2: The number of lots within the Conditional R-7.5 (WF) zoning classification will be forty-two (42) with setback Page 8

9 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 seven (7) of the lots within the Conditional R-7.5 (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 1-39 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 included 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 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 July 23, 2010, 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 9

10 AERIAL OF SITE LOCATION Page 10

11 PHYSICAL SURVEY Page 11

12 PROPOSED SITE PLAN 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 # DATE REQUEST ACTION 1 2/25/85 2/26/91 Rezoning (R-5 Residential to PDH2 Planned Unit (R-10 Residential) Reconsideration of Conditions Approved 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

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