8 June 10, 2015 Public Hearing

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1 8 June 10, 2015 Public Hearing APPLICANT & PROPERTY OWNER: OCEANA SOUTH COMMERCE CENTER, L.L.C. STAFF PLANNER: Stephen J. White REQUEST: Variance to Section 4.4(d) of the Subdivision Regulations, which requires all lots have direct access to a public right-of-way and meet all the requirements of the Zoning Ordinance. ADDRESS / DESCRIPTION: 2509 Squadron Court GPIN: ELECTION DISTRICT: ROSE HALL SITE SIZE: TOTAL LOT = 4.5 acres PROPOSED LOT = 1.8 acres AICUZ: Greater than 75 db DNL & APZ-1 BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The existing lot is 4.4 acres and is zoned Conditional I-2 Industrial. A site plan was approved in 2005 for the construction of two condominium office-warehouse buildings. One of the buildings was constructed in 2007; the building was divided into 13 condominium units. The second building was never constructed, as the applicant has not sold all of the units in the first building. Proposed Lot: It is the intent of the applicant to subdivide the existing lot, creating a second lot of 1.8 acres from the area where the second building was to be constructed. The second lot, designated as 33B on the submitted subdivision plan, will be located behind (to the east) of the existing building. Due to the location of an existing stormwater management facility (wet pond), a stem extending from the main portion of the proposed lot to Squadron Court is infeasible. As a result, since Proposed Lot 33B has no frontage on the public right-of-way as required by Section 4.4(d) of the Subdivision Regulations. The applicant, therefore, is requesting approval of a variance to that section. Page 1

2 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Office-warehouse units (condominium ownership) on the western portion of the site; the eastern portion of the site is undeveloped. SURROUNDING LAND USE AND ZONING: North: Office-warehouse / Conditional I-2 Industrial District South: Office-warehouse / Conditional I-2 Industrial District East: Vacant undeveloped land / Conditional I-2 Industrial District West: Office-warehouse / Conditional I-2 Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features located on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Special Economic Growth Area (SEGA) 2 West Oceana. SEGA 2 is generally bound by London Bridge Road, Lynnhaven Creek, South Lynnhaven Road, and Potter s Road. It includes Lynnhaven Mall, surrounding retail and office complexes and Oceana West Industrial Park. Much of this area is subject to Navy restrictive easements and all of this area is inside the AICUZ high noise zone. IMPACT ON CITY SERVICES WATER: The existing lot is connected to the City water system. The existing 1.5-inch meter servicing Lot 33 may remain and continue to serve Lot 33A. City water will not front Proposed Lot 33B. A new water line and meter will need to be installed to service Lot 33B. A 10-foot wide private water line easement will be established on Lot 33A for the benefit of Proposed Lot 33B. SEWER: This existing lot is already connected to the City sanitary sewer system, and the system will continue to serve the new Lot 33A. City sewer will not front Proposed Lot 33B. A variance to allow shared private sanitary sewer services between two separately platted lots was approved for this site on December 17, A 10-foot wide private sewer easement will be established on Lot 33A for the benefit of Proposed Lot 33B. Sewer and pump station analysis for Pump Station #583 is required to determine if future flows can be accommodated. Section 9.3 of the Subdivision Ordinance states: Page 2

3 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 selfinflicted 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. EVALUATION AND RECOMMENDATION The applicant desires to create a second lot from the portion of a lot where a second building would have been constructed based on a site plan approved in The applicant has been discussing this proposal to subdivide the lot with the staff of various City departments for several months, and has already secured approvals for variances to services that will be necessary to market and develop the site such as easements for utilities. If this variance is granted, once the new lot is recorded, the applicant will proceed to market it for uses that are permitted by the Conditional I-2 zoning of the site, are compatible with the Greater than 75 db DNL AICUZ and APZ-1, and are allowed by the Navy s restrictive easements on the property. Staff recommends approval of this request with the condition below. CONDITION The property shall be subdivided substantially as shown on the submitted plan, titled Oceana South Industrial Park, Lot 33, Subdivision of Residual Parcel B1 Preliminary Subdivision Plat, prepared by JMT, and dated 3/23/15. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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 3

4 AERIAL OF SITE LOCATION Page 4

5 PROPOSED SUBDIVISION Page 5

6 1 1 1 ZONING HISTORY # DATE REQUEST ACTION 1 10/29/ /27/ /05/1986 Change of Zoning (I-1 and I-2 to Conditional I-2) Reconsideration of Conditions Change of Zoning (AG-1 & AG-2 to I-1 and I-2 Industrial) Approved Approved Approved 2 00/00/2000 Change of Zoning (AG-2 to R-15) Denied Page 6

7 DISCLOSURE STATEMENT Page 7

8 DISCLOSURE STATEMENT Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10

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