1 August 12, 2015 Public Hearing

Transcription

1 1 August 12, 2015 Public Hearing APPLICANT & PROPERTY OWNER: STAFF PLANNER: Kristine Gay REQUEST: Variance to Section 4.4 (b) and 4.4(d) of the Subdivision Regulations, which require that all lots created by subdivision must meet all requirements of the zoning ordinance and that all lots shall have direct access to a public street. ADDRESS / DESCRIPTION: 2884 Indian River Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 43,155 square feet AICUZ: 65 to 70 db DNL (ITA) BACKGROUND / DETAILS OF PROPOSAL The existing lot is zoned AG-1 Agricultural District. The current property owner purchased the property in good faith with the intent of building a single-family residence for himself and his family. At the time of purchase, the property was described and dimensioned upon a subdivision recorded in Map Book 62 page 43, as being one acre in area. Said subdivision was recorded in In all subsequent descriptions, the property has been referred to as a one-acre parcel. However, the property was transferred via deed prior to the recording of the one-acre descriptor subdivision (DB. 649 P 228) and narrowly fails to meet the certain dimensional criteria required in the AG-1 Agricultural District as shown in the table below: Minimum AG-1 Lot Width Requirement in feet 1 Required 150 as measured at the street setback line Existing n/a Page 1

2 Minimum AG-1 Required Lot Area in square feet 1 Lot width is measured at the rear of the required front yard, not at the right-of-way. 43,560 43,155 As shown above and on the survey included in this report, while the subject site is 164 feet in width, it does not have direct access to an accessible public street as required by Section 4.4 (d) of the Subdivision Ordinance. The property indirectly connects to the 30-foot-wide public right-of-way of Indian River Road via 1,034 feet of a gravel drive way which is shown as being a 15-foot-wide right-of-way. The site will be developed with one single-family residential unit. The unit will have access to water through the proposed well. Effluent will be resolved by use of a primary disposal mound and reserve disposal area. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant SURROUNDING LAND USE AND ZONING: North: South: East: West: Rural Land and Single-family homes / AG-1 Agricultural District Rural Land and Single-family homes / AG-1 Agricultural District Rural Land and Single-family homes / AG-1 Agricultural District Single-family homes / PD-H1 Planned Unit Development NATURAL RESOURCE AND CULTURAL FEATURES: The site is an open lawn surrounded by heavily wooded areas. COMPREHENSIVE PLAN: The site is located south of the Green Line where less populated, lower density, recreational and rural areas are planned for and characterized by an abundance of natural resources, larger open spaces, and the City s prime agricultural lands. This area is also identified as being part of the Princess Anne Special Economic Growth Area (SEGA) and Interfacility Traffic Area (ITA) high noise zone between NAS Oceana and NAS Fentress. One of the principal effects of this new designation is to reduce the residential density to what can be achieved by-right with Agricultural zoning (one unit per 15 acres) due to the incompatibility of residential uses in a high noise zone. Recommendations for the Princess Anne SEGA include striving to achieve 50% open space, protecting sensitive land, limiting residential development to areas outside of the AICUZ restricted areas, expansion of suburban infrastructure in the northern portion of the ITA. 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. Page 2

3 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 Given the recordation history of the subject site, Staff finds the requested subdivision variance to be in keeping with the recommended development for the subject area. The subject request in generally in line with Section 9.3 of the Subdivision Ordinance. It is not expected that the adjacent and surrounding properties will be adversely effected by the subdivision. Accordingly, staff recommends approval of the request following conditions below. CONDITIONS 1. The site shall be substantially as shown on the submitted plan entitled, PRELIMINARY SUBDIVISION OF PROPERTY, dated May 26, 2015, as prepared by Bonifant Land Surveys. 2. The above reference subdivision plan must be submitted to the Planning Department/Development Services Center for review for recordation. 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 PLAN Page 5

6 # DATE REQUEST ACTION CUP (C t ) G t d CRZ (Modification to PD-H1 Villages at West Neck Land Use Plan) CRZ (AG-1 Agricultural, AG-2 Agricultural, R-20 Residential, and R-40 Residential to Conditional PD-H1 Planned Unit Development District; AG-1, AG-2, R-20, and R-40 to Conditional P-1 Preservation District. [Villages at West Neck Granted Granted L d U Pl ] SVR Granted SVR Granted Page 6

7 DISCLOSURE STATEMENT Page 7

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9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10