Request Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) Staff Planner Jimmy McNamara

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1 Applicant & Property Owner Public Hearing December 14, 2016 (Previously Deferred 08/10/2016 & 10/12/2016) City Council Election District Kempsville Agenda Item D1 Request Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) Staff Planner Jimmy McNamara Location 1337 Ferry Point Road GPIN Site Size 33,800 Square Feet AICUZ Less than 65 db DNL Existing Land Use and Zoning District Single-family dwelling / R-5D Residential Duplex Surrounding Land Uses and Zoning Districts North Undeveloped lot / R-5D Residential Duplex South Undeveloped lot / R-5D Residential Duplex East Ferry Point Road Single-family dwellings / R-5D Residential Duplex West Undeveloped lot / R-5D Residential Duplex Page 1

2 Background and Summary of Proposal This application was deferred at the August 10, 2016 Planning Commission hearing at the request of the applicant to revise their proposal from three lots to two lots. The application was deferred again by the Planning Commission at the October 12, 2016 Planning Commission public hearing to provide the applicant more time to submit an updated proposed site layout and elevations of the proposed dwelling units. A 38,912 square-foot lot was subdivided into two parcels on January 21, Lot 5A was created as a 5,000 square-foot parcel and is not part of this request. Lot 5B, the subject site, currently exists as a 33,912 square-foot parcel with a lot width of 78 feet. Existing Lot 5A & 5B The site (Lot 5B), as currently configured, meets all the dimensional requirements of the R-5D Residential Duplex District as set forth by the Zoning Ordinance and Design Standards in the Subdivision Regulations. The existing lot width of 75 feet allows either a duplex or a single-family dwelling to be constructed by-right on Lot 5B. The applicant requests a Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations to subdivide Lot 5B into two parcels, as depicted below, to construct two single-family dwellings. Page 2

3 Proposed Lot Configuration Required Proposed Parcel 5B-1 Proposed Parcel 5B-2 Lot Width in Feet * Lot Area in Square Feet 5,000 5,000 29,283 *Subdivision Variance is required to lot width. Proposed parcel 5B-1 meets all the requirements of the Zoning Ordinance for development of a single-family dwelling. Parcel 5B-2 is proposed as a flag lot that exceeds the minimum lot size requirement of 5,000 squarefeet, but is deficient in lot width. A variance to lot width is requested for this parcel. Elevations for both of the proposed single-family dwellings and a site layout have been submitted. 1 2 Zoning History # Request 1 CUP (Religious Use) Approved 06/01/ SVR Approved 06/07/2016 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 3

4 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through a careful mix of land uses and compatible infill development, site and building design that is visually interesting, encourages greater social interaction and provides a memorable character, improved mobility, and promote sustainability and responsive action to changes in our environment. (pp ) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 6,200 ADT 1 (LOS 4 C ) Existing Land Use Ferry Point Road No Data Available 2 10 ADT 11,100 ADT 1 (LOS 4 E ) Proposed Land Use 3-20 ADT 1 Average Daily Trips 2 as defined by a singlefamily dwelling. 3 as defined by two single-family dwellings. 4 LOS = Level of Service Public Utility Impacts Water There is an existing eight-inch City water main in Ferry Point Road. Each site must connect to City water. Sewer There is an existing eight-inch City sanitary sewer gravity main in Ferry Point Road. Each site must connect to City sewer. 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. Page 4

5 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. On June 7, 2016, a Subdivision Variance was granted for the adjacent parcel to the south allowing the development of two single-family dwellings along Ferry Point Road and a flag lot for one single-family dwelling in the rear. A similar layout exists just to the south with two more parcels along Ferry Point Road and a large flag lot in the rear. This proposed request is consistent with the existing layouts along Ferry Point Road. Lot Configuration Ferry Point Road While the existing site configuration is not ideal, Staff does feel that future subdivisions consistent with the existing pattern of two parcels along Ferry Point Road and one flag lot in the rear is in the best interest of the neighborhood in terms of layout and aesthetics. The New Light Civic League supported the previous Subdivision Variance request for the property directly south of the subject parcel on the condition that the proposed duplex dwelling located on the flag lot be replaced with a single-family dwelling. The applicant revised their proposal, and the request was approved by City Council for a total of three lots. Staff communicated support for a layout similar to those properties to the south of this request with one flag lot in the rear of the property with two parcels adjacent to Ferry Point Road. The applicant has revised their proposed layout to meet Staff s request. Staff recommends approval of a request for three parcels, one of which requires a Subdivision Variance, which is consistent with the recently approved Subdivision Variance requests. The applicant has provided elevations and a site layout for both of the proposed lots. Lot 5B-1 is proposed to have a two-story single family dwelling with vinyl siding for the exterior building material and an attached two-car garage. Lot 5B-2 is proposed to have a two and a half-story dwelling with vinyl siding and an attached two-car garage. The proposed Subdivision Variance for two parcels is consistent with the existing layout of the west side of Ferry Point Road and as such, Staff recommends approval of this request. Page 5

6 Recommended Conditions 1. When subdivided, the property shall be developed as shown on the submitted preliminary plat entitled 1357 Ferry Point Road LOT 5B SUBDIVISION OF PROPERTY LOT 5: PRELIMINARY SUBDIVISION EXHIBIT dated August 17, 2016, and prepared by Pinnacle Group Engineering, Inc., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the homes depicted on the submitted elevations in the Proposed Elevations (Lot 5B-1 and 5B-2) exhibits attached to this Staff Report, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. All parcels shall connect to City water via a single and exclusive water service line. 4. All parcels shall connect to City sewer via a single and exclusive sanitary sewer lateral. 5. Only single-family dwellings shall be constructed on Parcels 5B-1 and 5B-2 depicted in the preliminary plat referenced in Condition 1 above. No duplex dwellings will be permitted. 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. Page 6

7 Existing Plat Page 7

8 Proposed Subdivision Exhibit Page 8

9 Proposed Elevations (Lot 5B-1) Page 9

10 Proposed Elevations (Lot 5B-2) Page 10

11 Site Photos Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14

15 Disclosure Statement Bonifant Land Surveyors Page 15

16 Disclosure Statement Page 16

17 Disclosure Statement Page 17

18 Disclosure Statement Page 18