Request Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) Staff Planner Kevin Kemp

Transcription

1 Applicant & Property Owner Public Hearing December 14, 2016 City Council Election District Rose Hall Agenda Item 16 Request Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) Staff Planner Kevin Kemp Location 845 Lynnhaven Parkway GPIN Site Size +/ acres AICUZ Greater than 75 db DNL Existing Land Use and Zoning District Vacant / B-2 Community Business Surrounding Land Uses and Zoning Districts North Commercial Use / B-2 Community Business South Commercial Use / B-2 Community Business Lynnhaven Parkway East Lynnhaven Parkway Commercial Use / B-2 Community Business West South Lynnhaven Road Commercial Use / B-2 Community Business Page 1

2 Background and Summary of Proposal The 5.20-acre site is developed with a commercial retail shopping center and an automobile repair garage. In February 2016, a Conditional Use Permit for the auto repair operation was approved on approximately 22,000 square feet of the site. Ingress/egress easements are depicted on the submitted exhibit to ensure continued vehicular access for both sites to South Lynnhaven Road and Lynnhaven Parkway. The applicant proposes to subdivide the 5.20-acre site into two parcels. Proposed Lot 1A1-A will be 4.70 acres in size and will contain the existing shopping center, and proposed Lot 1A1-B will be 21,593 square feet in size and will contain the auto repair operation. The legal frontage of Lot 1A1-A, the 4.70-acre site, is proposed as feet along Lynnhaven Parkway, and will have over 400 feet along South Lynnhaven Road. The Zoning Ordinance requires a minimum lot width of 100 feet for properties zoned B-2 Commercial Business District and that the property directly along the right-of-way be at least 80 percent of the lot width requirement. As the proposed lot width is 44 feet and the street line frontage measures as feet, a Subdivision Variance is requested to these standards. The proposed 21,593 square foot parcel, Lot 1A1-B, will meet the minimum lot width requirement of 100 feet along Lynnhaven Parkway. However, this parcel will be deficient in street line frontage, which as stated above, the Zoning Ordinance requires that the property directly along the right-of-way be at least 80 percent of the lot width requirement. In this instance, the minimum required lot width is 100 feet and the street line frontage must be 80 feet. As the proposed street line frontage will be feet, a Subdivision Variance is requested. Required Proposed Lot 1A1-A Proposed Lot 1A1-B Lot Width in Feet * 103 Street Line Frontage in Feet * 66.35* Lot Area in Square Feet 20, ,185 21, Zoning History # Request 1 CUP (Automobile Repair Garage) Approved 02/24/ CUP (Tattoo Parlor) Approved 06/08/2010 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 2

3 Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area, Special Economic Growth Area (SEGA) 2- West Oceana. This SEGA includes Lynnhaven Mall, surrounding retail and office complexes and Oceana West Industrial Park. All of this area is inside the AICUZ high noise zone and much of it is subject to Navy restrictive easements. The SEGAs are predominately nonresidential areas located adjacent to NAS Oceana and in the Interfacility Traffic Area and are viewed as special areas with significant economic value and growth potential. Land uses compatible with military uses are targeted for these areas. The City supports all new development or improved redevelopment proposals in this area that adhere to the City s AICUZ provisions and the City s economic growth strategy. The area west of Lynnhaven Parkway is recommended corporate office, retail, and other comparable commercial uses. Due to the site s high visibility, special attention should be given to ensure high quality site, landscape and building designs. (pp to 3-30) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. 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 42,100 Lynnhaven Parkway 35,100 ADT 1 ADT 1 (LOS 4 C ) Existing Land Use ADT 48,200 ADT 1 (LOS 4 E ) Proposed Land Use 3-80 ADT 1 Average Daily Trips 2 as defined by a 690 square-foot drive-through restaurant 3 as defined by a 2-bay auto repair garage Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 4 LOS = Level of Service The site is an outparcel lease area in one of three interconnected parcels forming a shopping center with unsignalized access to Lynnhaven Parkway and South Lynnhaven Road, the overall center having one full-access entrance on each road and three right-in/right-out entrances. Lynnhaven Parkway is a six-lane major urban arterial; South Lynnhaven Road is a four-lane minor urban arterial. There are no CIP projects programmed to modify either, although the 2010 MTP Ultimate Right-of-Way listing identifies this segment of Lynnhaven Parkway as a future eight-lane roadway. Public Utility Impacts Water The site is currently connected to City water. There is a 16-inch City water main along Lynnhaven Parkway. Sewer The site is currently connected to City sewer. There is an eight-inch gravity sewer main along Lynnhaven Parkway. Page 3

4 Evaluation and Recommendation The applicant requests a Subdivision Variance in to create two parcels, Parcel 1A1-A and Parcel 1A-1-B. The 4.70-acre lot, Parcel 1A1-A will be deficient in lot width and street line frontage, and the 22,000 square foot lot will be deficient in street line frontage. All other dimensional requirements of the B-2 Community Business District will be met with regard to lot area, setbacks, etc. In Staff s view, the approval of these requests will not change the intensity or character of surrounding commercial area. The layout of the buildings and the parking areas on these sites will remain unchanged, and as such, Staff s position is that any deficiencies to the Zoning Ordinance will be undetectable and will not pose a hazard to motorists. Based on this, Staff does not expect that granting these requests will adversely impact any of the adjacent properties. No new ingress/egress points are proposed and the proposed cross access easements will ensure continued vehicular accessibility to both rights-of-way. For the reasons stated above, Staff recommends approval of this request as conditioned below. Recommended Conditions 1. When subdivided, the parcel shall be subdivided as depicted on the submitted preliminary plat entitled, SUBDIVISION OF LOT 1A1, VIRGINIA BEACH, VIRGINIA, dated May 4, 2016 and prepared by MSA, P.C. Said plat has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The applicant shall record a one-foot No ingress/egress easement along the frontage of proposed LOT 1A1-B directly adjacent to Lynnhaven Parkway. 3. All vehicular ingress/egress easements depicted on the plat identified in condition 1 above shall be recorded on the final plat. 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 4

5 Proposed Plat Page 5

6 Site Photos 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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12 Disclosure Statement Page 12