Request Subdivision Variance (Section 4.4(c)(1) of the Subdivision Regulations) Staff Recommendation Approval. Staff Planner Jonathan Sanders

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1 Applicant & Owner Public Hearing February 14, 2018 City Council Election District Bayside Agenda Item 4 Request Subdivision Variance (Section 4.4(c)(1) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Jonathan Sanders Location 2204 Treasure Island Drive GPIN Site Size 32,560 square feet AICUZ Less than 65 db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Former school / R-10 Residential (Shore Drive Overlay) Surrounding Land Uses and Zoning Districts North Field associated with religious use to east / R-10 Residential (Shore Drive Overlay) South Shore Drive Housing for seniors & disabled persons / R-7.5 Residential (Shore Drive Overlay) East Religious use / R-10 Residential (Shore Drive Overlay) West Treasure Island Drive Religious use / R-10 Residential (Shore Drive Overlay) Page 1

2 Background and Summary of Proposal The subject 32,560 square foot site is zoned R-10 Residential District. Between the 1950s and 2014, the site was home to the Baylake Pines Lower School. In 1958, the Commonwealth of Virginia acquired approximately 7,000 square feet of the property for the widening of the Shore Drive right-of-way. As a result of this acquisition, the original 200-foot width of the Treasure Island side of the parcel was decreased by approximately 35 feet. The applicant desires to subdivide the parcel into three lots in order to construct single-family dwellings on each lot. The R-10 Residential District requires a minimum lot area of 10,000 square feet. The property has sufficient land area to accommodate up to three 10,000 square foot lots. The Zoning Ordinance requires that lots in the R-10 District have a minimum lot width of 80 feet, plus an additional 10 feet of lot width for corner lots. Proposed Lots B-1 and B-3 meet this requirement; however, the proposed corner lot, Lot B-2, will be deficient by 8.2 feet. Based on this, a Subdivision Variance to section 4.4(c)(1) of the Subdivision Regulations for lot width is requested. Required (Single-Family Dwellings) Proposed Lot B-1 Proposed Lot B-2 Proposed Lot B-3 Lot Width (feet) 80, 90 for corner lot *(corner lot) 80 *Subdivision Variance requested to lot width Access to and from the lots will be provided on Treasure Island Drive. The proposed configuration of the lots will result in Proposed Lots B-2 and B-3 fronting on Treasure Island Drive, and Proposed Lot B-1 fronting on Shore Drive, east of Proposed Lots B-2 and B-3. Access to Proposed Lot B-1 will be via a 20-foot ingress/egress easement running from Treasure Island Drive through the southern side yard of Proposed Lot B-2. There will be a one-foot no ingress/egress easement along Shore Drive, prohibiting any additional access to and from that roadway. In order to reduce impervious surfaces on the site, the driveway for Lot B-1 will have a driveway constructed of crushed stone or shell marl. An existing hedgerow in the Shore Drive right-of-way will aid in screening the homes from Shore Drive. A fourfoot white vinyl fence will be installed behind the hedgerow. Along the eastern boundary of Lot B-1 and the church to the east, the four-foot white vinyl fence will transition to a six-foot wooden fence with lattice. The rear yards of the proposed lots will be enclosed with the six-foot wooden fence with lattice. Foundation plantings are proposed around the fronts of each of dwellings. A landscape island is proposed on Proposed Lot B-2, adjacent to Proposed Lot B-3. An evergreen hedgerow is proposed between the driveway to Proposed Lot B-1 and the fence adjacent to the southern side and rear yard of Proposed Lot B-2. Further details regarding planting requirements will occur during site plan review. The submitted building elevations depict exterior building materials of brick, cement fiber-board siding (HardiePlank) and 30-year architectural asphalt roofing shingles. Page 2

3 Zoning History # Request 1 CUP (Columbarium) Approved 07/09/ MOD (Housing for Seniors & Disabled Persons) Approved 09/05/2017 CUP (Outdoor Recreation) Approved 12/10/2013 CUP (Housing for Seniors) Approved 07/09/ CUP (Child Care Center) Approved 04/24/2012 CUP (Religious Use) Approved 05/25/1993 CUP (Church & Education Building) Approved 03/21/ CUP (School Addition) Approved 08/22/1983 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 Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the zoning ordinance incorporated by reference in this ordinance. A Subdivision Variance is requested to Section 4.4(c)(1) of the Subdivision Regulations, which requires that corner lots be platted at least ten feet wider than the minimum lot width for the zoning district. The variance requested is for Proposed Lot B-2, which is required to have a width of 90 feet as it is the corner lot (80 feet required minimum plus 10 feet). The lot will have a deficiency of 8.2 feet. The existing site has sufficient area to accommodate three lots meeting the dimensional requirements of the R-10 Residential District, with the exception of the deficiency noted above. The proposed configuration of the lots, combined with the proposed no-ingress/egress easement along the southern side of the property, will eliminate any direct access to Shore Drive, which is desired for this major arterial. Page 3

4 The request is consistent with the Comprehensive Plan s recommendations for the Shore Drive Corridor. The Comprehensive Plan calls for the avoidance of over-commercialization of Shore Drive and the preservation and protection of the character of established neighborhoods in the vicinity. Staff recommended that the applicant provide a briefing to the Bayfront Advisory Commission; however, that suggestion was declined. The applicant did indicate their involvement of the adjacent Baylake Pines Civic League with regard to design of this request, and that the civic league is in full support of the application. Based on the considerations above, Staff recommends approval of this application subject to the conditions below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted plan exhibit entitled, VARIANCE EXHIBIT, prepared by Fox Land Surveying, dated 11/25/2017 (under seal dated 1/29/18), which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed buildings shall substantially adhere in appearance, size and materials to the elevations entitled, Single Family 4, and Single Family 6, dated 12/19/2012, prepared by Progressive Designs; and SF-34, dated 9/15/2017, prepared by Land Planning Solutions, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. Exterior building materials shall be brick, cement fiber-board siding, and 30-year architectural asphalt roofing shingles. 3. Landscaping and fencing of the site shall be in substantial conformance with the submitted site layout exhibit entitled, CONCEPTUAL LANDSCAPE PLAN prepared by Fox Land Surveying, dated 11/25/2017 (under seal dated 1/29/18), which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. As depicted on the site layout referenced in Condition 1, a one-foot no ingress/egress easement shall be recorded along the site s entire property line adjacent to Shore Drive. 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 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 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. Page 4

5 Planning policies that apply to this request include improving the land use compatibilities, avoiding overcommercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. (pp & 1-71) Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. The property is developed with a school building. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shore Drive 36,400 ADT 1 17,300 ADT 1 (LOS 4 C ) 31,700 ADT 1 (LOS 4 E ) Existing Land Use ADT Treasure Island Drive No Data Available 6,200 ADT 1 (LOS 4 C ) Proposed Land Use 3-30 ADT 11,100 ADT 1 (LOS 4 E ) 1 Average Daily Trips 2 as defined by a 12,500 square foot private school 3 as defined by three single-family dwellings 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) A Roadway CIP project was completed in this area several years ago (Shore Drive Corridor Improvements Phase I). The Shore Drive Corridor Improvements Phase II (Partial) under CIP includes pedestrian walkways and bikeways along Shore Drive from S. Oliver Drive to Treasure Island Drive. It also includes improvements along Shore Drive at the Northampton Boulevard interchange and to the intersections at Pleasure House Road and at Greenwell Road. However, this project is now considered inactive. Public Utility Impacts Water This site must connect to City water. There is an existing 16-inch City water main along Shore Drive. There is an existing six-inch City water main along Treasure Island Drive. Sewer This site must connect to City sewer. There is an existing eight-inch City sanitary sewer gravity main along Shore Drive. There is an existing eight-inch City sanitary sewer gravity main along Treasure Island Drive. Page 5

6 Survey of Existing Site Page 6

7 Proposed Site Layout Page 7

8 Proposed Landscape Plan Page 8

9 Proposed Renderings Page 9

10 Proposed Elevations Lot B1 Page 10

11 Proposed Elevations Lot B2 Page 11

12 Proposed Elevations Lot B3 Page 12

13 Proposed Privacy Fencing Four-foot high white vinyl fence along Shore Drive Six-foot high wooden fence with lattice Page 13

14 Site Photos Page 14

15 Disclosure Statement Page 15

16 Disclosure Statement Page 16

17 Disclosure Statement Page 17

18 Disclosure Statement X Progressive Designs, Land Planning Solutions Page 18

19 Disclosure Statement Page 19

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