6 February 13, 2013 Public Hearing APPLICANT/ PROPERTY OWNER: FRANK T. WILLIAMS

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1 6 February 13, 2013 Public Hearing APPLICANT/ PROPERTY OWNER: FRANK T. WILLIAMS STAFF PLANNER: Ray Odom 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: 5313 Morris Neck Road GPIN: ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: acres AICUZ: Less than 65 db DNL BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a variance to the minimum lot width requirement. It is the intent of the applicant to resubdivide two existing adjoining parcels. These parcels are the subject site designated as Parcel A-1 (shown with hatching in the map above) and an adjoining site designated as Parcel C-1 (shown with cross-hatching in the map above). Parcel A-1 is undeveloped and is currently utilized for cultivation. Adjoining Parcel C-1 contains an existing single-family home. This site currently does not meet the minimum lot area or minimum lot width requirements of the AG-1 Agricultural District. The applicant desires to resubdivide these two sites and add sufficient area to adjoining Parcel C-1 in order to bring this single-family site into compliance with the minimum lot requirements. However, Parcel A-1 currently does not meet the minimum lot width requirement of the AG-1 District. A 150-foot minimum lot width is required and the site currently has a 110-foot lot width. The resubdivision will further reduce Parcel A-1 s lot width to 60-feet and a variance is required. Parcel A-1 contains Class I and II soils. Therefore, there is the potential for development of this site. The applicant s representative has indicated that the 60-feet access to the site could be utilize for a public roadway in the future, which meets the minimum 50-foot right-of-way requirement. Page 1

2 Item Required Parcel A-1 Lot Width in feet * Lot Area in acres One acre *Variance required IMPACT ON CITY SERVICES EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: South: East: West: Cultivated field / forested / AG-1 Agricultural District Cultivated field / forested / AG-1 Agricultural District Morris Neck Road / Cultivated field / forested / AG-1 Agricultural District Cultivated field / AG-1 Agricultural District COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land with wide floodplains and altered drainage. It is a place that still contains working farms, farm related businesses, and limited non-residential areas along with some scattered housing sites. There is a significant presence of existing agriculture and rural-based economic activities in this part of Virginia Beach. Since this is a resubdivision of existing lots of record and a reallocation of their existing acreage, versus subdivision action creating two new parcels there are no Comprehensive Plan issues. 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 2

3 EVALUATION AND RECOMMENDATION The applicant is requesting to reduce an undeveloped site s lot width in order to bring a developed substandard lot s dimensional deficiencies in compliance with current requirements. The applicant has retained sufficient road frontage and lot width to provide for the connection of a standard City street for any future development of the subject site. Since this is a resubdivision of existing lots and no increase in density there are no Comprehensive Plan issues. Staff recommends approval of this request with the condition below. CONDITION The site shall be developed substantially in accordance with the submitted resubdivision plan entitled Re-Subdivision of Property, Parcels A & C, W.L. Whitehurst, dated/revised August 21, 2012, prepared by Bonifant Land Surveys. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is 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 3

4 AERIAL OF SITE LOCATION Page 4

5 PROPOSED RESUBDIVISION PLAN Page 5

6 There is no zoning history to report. ZONING HISTORY Page 6

7 DISCLOSURE STATEMENT Page 7

8 DISCLOSURE STATEMENT Page 8