D1 June 12, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI

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1 D1 June 12, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: RADHAKRISHNA RENUKUNTA & KAVITHA VURIMINDI STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(d) of the Subdivision Regulations that requires that all newly created lots must have direct access to a public street. ADDRESS / DESCRIPTION: 1636 and 1676 Godfrey Lane (private road) GPINS: and ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 3.48 acres AICUZ: Less than 65 db DNL APPLICATION HISTORY: Deferred by the Planning Commission on October 10, 2012 due to the need for the request to be heard by the Chesapeake Bay Preservation Area Board and on May 8, 2013 due to the public notice sign not being posted. SUMMARY OF REQUEST This request consists of two parcels that were created by deed without the benefit of a subdivision plat, as required. The original existing lot was legally created by a subdivision plat on May 1, 1951 and contained approximately four acres. On June 8, 1972, a deed was recorded creating two parcels, without the benefit of a subdivision plat as required. Parcel A totals 1.78 acres and contains an existing single-family dwelling. Parcel B totals 1.71 acres and is currently undeveloped. A single-family site plan has been submitted for Parcel B. It was determined during the site plan review process that that the subject sites had not been properly subdivided. Page 1

2 It is the intent of the applicants to legally create Parcels A and B. However, the subject parcels are not located on a public street. The parcels are located on a 40-foot wide private road. The Subdivision Regulations require that all newly created lots be located a public street. Therefore, a variance is required. The parcels meet the minimum lot dimensional requirements. The subject parcels are located within the Resource Protection Area of the Chesapeake Bay Preservation Area. On April 22, 2013 the Chesapeake Bay Preservation Area Board granted a variance to Section 110 of the Chesapeake Bay Preservation Area Ordinance, to allow the subdivision, subject to the following conditions: 1. If and when the shoreline is hardened a rip-rap revetment or living shoreline shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands, unless the Wetlands Board determines that site specific conditions warrant a more seaward alignment. 2. Within the 100 Resource Protection Area (RPA) Buffer, all areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas may not be removed. 3. Mature trees exist adjacent to tidal waters. The select removal of lower tree limbs shall be performed prior to occupancy. Item Required Parcel A Parcel B Frontage on a public street Yes No* No* *Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: Parcel A is developed with a single-family dwelling and Parcel B is currently undeveloped. SURROUNDING LAND USE AND ZONING: North: Single-family / R-30 Residential District South: Vacant parcel / R-30 Residential District East: Mill Dam Creek / single-family / R-20 Residential District West: Godfrey Lane (private) / single-family / R-30 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The subject parcels are located within the Resource Protection Area of the Chesapeake Bay Preservation Area. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This is accomplished through having development, such as infill development, being compatible with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. This request to establish a developed Page 2

3 single family lot and for the infill development of a single family is consistent with the Comprehensive Plan s land use policies for the Suburban Area. IMPACT ON CITY SERVICES WATER: Parcel B must connect to City water. There is an 8-inch City water line that terminates at the end of Godfrey Lane (public). SEWER: Parcel B must connect to City sanitary sewer. Analysis of Pump Station #210 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City sanitary sewer line that terminates at the end of Godfrey Lane (public). Parcel B must have its own separate water and sewer services. The subdivider/developer will be required to install sanitary sewer and water facilities as necessary for this lot. Section 9.3 of the Subdivision Ordinance 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 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. Page 3

4 This is a simple request to legalize two parcels that were created by deed in The subject parcels are located on a private road. The Subdivision Regulations require that all newly created lots be located on a public street; thus a variance is required. The existing private road serves thirteen lots and has served these lots for over 60 years. The Chesapeake Bay Preservation Area Board granted a variance with conditions to allow the lots within the Resource Protection Area. Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION CONDITIONS 1. The existing parcels shall be subdivided substantially in accordance with the submitted preliminary subdivision plat Subdivision of GPIN s (DB 1281, PG 14) & (DB1278, PG 388) (MB 27, PG 22) (MB 52, PG 53) Virginia Beach, Virginia ; dated January 23, 2013 and prepared by MSA, P.C. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. A utility plan to include water and sewer services, hydraulic analysis, pump station calculations, force main calculations and fire demand requirements prepared in accordance with the Department of Public Utilities and Health Department standards for Parcel B must be approved prior to plat recordation. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning 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 4

5 AERIAL OF SITE LOCATION Page 5

6 PROPOSED SITE PLAN Page 6

7 1 ZONING HISTORY # DATE REQUEST ACTION 1 06/24/2008 Subdivision Variance (access) Approved Page 7

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9 DISCLOSURE STATEMENT Page 9