TRUSTT GILES REQUEST: APPLICANT: C AND C DEVELOPMENT. Page (b) of the all the AICUZ: SITE SIZE: 28,261 TOTAL 17,417 UPLAND GPIN:

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1 STAFF PLANNER: Carolyn A.K. Smith REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: Property located at th Street 2 September 14, 2011 Public Hearing APPLICANT: C AND C DEVELOPMENT PROPERTY OWNER: R. GILES CLEMENT, TRUSTEE UNDER THE ROBERT GILES CLEMENT, SR. REVOCABLE TRUSTT GPIN: ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 28,261 TOTAL 17,417 UPLAND AICUZ: Less than 65 db DNL SUMMARY OF REQUEST This site is comprised of 5 platted lots recorded in 1920, only 3 of which are arguably developable. The proposal is to construct 2 homes, both with waterfront access, rather than 3 homes where only 1 lot would have direct accesss to Crystal Lake. Existing Lots: The total square footage of the existing 5 lots is 28,261. Of that 17,417 square feet of property is high and dry above the water and only 3 of the 5 lots are developable due to the presence of Crystal Lake. A preliminary subdivision plat with 2 lots was approved by the Development Services Center in June 2011, representing a reduction in nonconformity of the 5 existing lots. These 2 waterfront Page 1

2 lots could be built upon as a matter of right, without a Subdivision Variance. Proposed Lots: It is the intent of the applicant to resubdivide the 17,417 upland acres into 2 lots: 1 with 102 feet of frontage along 49 th Street and the second with 0 feet of frontage. Ingress and egresss for the second lot (proposed Lot 235A) is depicted via an existing 15 foot wide ingress/egress easement that existss partially on this property and on adjacent property to the east. Proposed Lots 235A and 236A are depicted with 9,490 square feet and 7,927 square feet respectively. Newly created lots within the R-7.5 Residential Districtt are required to have a minimum of 7,500 square feet and 75 feet of lot width. Item Lot Width in feet Lot Area in square feet *Variance required Required 75 7,500 Lot 235A 0* 9,490 Lot 236A 102 7,927 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single family dwelling SURROUNDING LAND USE AND ZONING: North: South: East: West: Single family dwellings / R-5R Residential Districtt 49 th Street Single family dwellings / R-7.5 Residential Districtt Single family dwellings / R-7.5 Residential Districtt Crystal Lake Single family dwellings / R-30 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is located within the Chesapeake Bay watershed and much of the property is located within the Resource Protection Area (RPA), the most stringently regulated portion of the Chesapeake Bay Preservation Area (CBPA). Land disturbance is proposed within the seaward, landward, variable width portion of buffer and along the areaa of highly erodible soils (below top-of-bank)hardened with a bulkhead. The request for encroachment into the RPA was heard by the CBPA Board on August 22, 2011 and was approved subject to 16 conditions. The site is sparsely wooded and the shoreline is COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Suburban Area Suburban Focus Area 7 (North Beach Area). The North Beach Area, located on both sides of Atlantic Avenue from 42 nd Street to 89 th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R-5R). Moreover, the North Beach area is characterized by a relatively highh density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization and the use of Best Management Practices (BMPs) for stormwater control. Improvement and reconstruction should use porous materials for driveways, walkways and other similar surfaces, where feasible, to achieve a net reduction of impervious coverage. Attractive and high quality materials capable of withstanding severe weather events should be used (p. 3-24). Page 2

3 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The project is on 49 th Street, which is a 2-lane local street with a 70 foot right-of-way. This street does not appear on the City s MTP and there are currently no CIP projects scheduled for this roadway. TRAFFIC: Street Name 49 th Street Present Volume No Data Available Present Capacity 6,200 ADT Service C ) ADT 1 (Level 1 (Level of - 11,100 of Service E ) Generated Traffic Existing Land Use 2 10 ADT Proposed Land Use 3 20 ADT 1 A Average Daily Trips 2 as defined by 1 single family dwelling 3 as defined by 2 single family dwellings WATER: This site is currently connected to City water. There is a 4 inch water line within 49 th Street. A private utility easement will be required through proposed Lot 236A for the benefit of proposed Lot 235A to connect to this water line, provided a hydraulic analysis supports the potential demand. The existing water meter may be used; however, each lot will ultimately require its own water service. SEWER: This site currently connects to City sanitary sewer. A private utility easement will be required throughh proposed Lot 235A for the benefit of proposed Lot 236A to connect to the existing 8 inch gravity sanitary sewer service within the existing 15 foot alley to the north. A joint maintenance agreement and variance to share he sanitary sewer service may be required. Analysis of Pump Station #103 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. 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, ncluding 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- E. The hardship is created by the requirements of the zoning district in which the property is inflicted hardship shall not be considered as grounds for the issuance of a variance. 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 EVALUATION AND RECOMMENDATIONN The current site is comprised of 5 platted lots recorded in 1920, only 3 of which are arguably developable. The proposal is to construct 2 homes, both with waterfront access, rather than 3 homes where only 1 lot would have direct access to Crystal Lake. It should be noted that a preliminary subdivision plat with 2 lots was approved by the Development Services Center in June 2011, representing a reduction in nonconformity of the 5 existing lots. These 2 waterfront lots could be built upon as a matter of right, without a Subdivision Variance; however, the configuration is a bit awkward. The approved preliminary plat can be found in the next section of this report. The 5 existing lots have a north/south orientation to 49 th Street, meaning the property lines separating the lots are perpendicular to 49 th Street. The re-subdivision creating a greater setback from the existing bulkhead and Crystal Lake. Land disturbance to construct these 2 dwellings is proposed within the seaward, landward, and of the property proposes to orient the 2 new lots in an east/west configuration, thus variable width portion of the Resource Protection Area (RPA) buffer and along the area of highly erodible soils (6% slope or greater commonly referred to as below top-of-bank ). Currently, there is an existing home on the property that utilizes a 15 foot wide ingress/egress that runs north/ /south and is shared with the property to the north and the property to the east. This request has some unique characteristics that lend consideration for a Subdivision Variance. These include the existence of the ingress/egress, east/west orientation of dwelling to the north, desiree for 2 homes rather than 3 on this property, no disruptive improvements within the 15 foot alley required, opportunity for community and Staff input in design and building materials, and, the potential of reduced environmental impacts. The applicant asserts that the proposal for the 2 dwellings is a reduction to both the amount of impervious surfaces and the extent of encroachment into the RPA the most stringently regulated portion of the CBPA. On August 24, 2011, the Chesapeake Bay Board agreed that this proposal has less impact on water quality than if the property was developed with 3 homes as a matter of right. The proposed elevations depict cottage style homes reminiscent of a beach cottage vernacularr with updated architectural features. The exterior building materials include high quality products of cement fiber board shingles and lap siding with brick and stone accents. Moving west on 49 th Street from Atlantic Ave to Crystal Lake, the size of the homes increase. The waterfront home directly across 49 th Street from this site was constructed with almost 6,000 square feet of living area. The dwelling on the flag lot immediately to the north of this site was constructed with approximately 4,200 square feet of living area. The proposed homes are depicted on the site layout plan with approximately 4,500 and 3,500 square feet of living area. As such, it is Staff s opinion that the scale and mass of the proposed structures are in keeping with the existing homes at the west end of 49 th Street. It should be noted that as depicted on the site layout plan, a variance to allow encroachment into the 20 foot rearr yard setback for the proposed dwelling on Lot 236A will be required. The lot must be recorded prior to consideration by the Board of Zoning Appeals. Considering the character of the waterfront properties along Crystal Lake and 49 th Street, environmental stewardship through implementation of the Chesapeake Bay Preservation Area Ordinance and the byright development of this site with up to 3 dwellings, Staff s opinion is that the proposal is a reasonable balance of all of these issues and recommends approval. CONDITIONS 1. When the property is redeveloped, it shall be in substantial conformance with the conceptual plan entitled, Single Family Site Plan Exhibit In RPA, Proposed Lots 235A & 236A prepared by WPL, Page 4

5 dated August 31, 2011, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the dwellings are constructed, they shall be limited to 2 single family homes, no higher than 35 feet and shall be constructed in substantial conformance with the elevations entitled, C and C Development Elevations, Lot 235A & 236A, prepared by Caroll Johnson, dated August 31, 2011, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 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 5

6 AERIAL OF SITE LOCATION Page 6

7 EXISTING SITE LAYOUT Page 7

8 PROPOSED SITE LAYOUT Page 8

9 PROPOSED ELEVATION LOT 235A Page 9

10 PROPOSED FRONT ELEVATION LOT 236A Page 10

11 PROPOSED REAR ELEVATION LOT 236A Page 11

12 ZONING HISTORY No Zoning History to report in the vicinity. Page 12

13 DISCLOSURE STATEMENT Page 13

14 DISCLOSURE STATEMENT Page 14