Request Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) Staff Recommendation Approval. Staff Planner Jimmy McNamara

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1 Applicant & Property owner Titan Investment Group, Inc., a Virginia Corporation Public Hearing April 12, 2017 City Council Election District Kempsville Agenda Item 5 Request Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Jimmy McNamara Location 5024 Bonney Road and the adjacent parcel to the north GPINs & Site Size 21,557 square feet AICUZ Less than 65 db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling / R-5D Residential Surrounding Land Uses and Zoning Districts North Parking lot / O-2 Office South Bonney Road Single-family dwellings / R-5D Residential East Single-family dwellings / R-5D Residential West Single-family dwellings / R-5D Residential Page 1

2 Background and Summary of Proposal City records indicate that a single-family dwelling was constructed on the subject site in In 1960, a plat was recorded that created the nearly 22,000 square-foot parcel (Map Book 49, Page 18). On the same day in 1960, a deed was recorded that split the parcel in two, creating an approximately 11,500 square-foot (Parcel 2) (Deed Book 625, Page 242). Parcel 1 was later created by deed in September of 1967 (Deed Book 1022, Page 107). The single-family dwelling continues to exist on Parcel 1. The Princess Anne County Subdivision Ordinance, which the sites were subject to at the time they were created by deed, required that a plat be approved and recorded for the subdivision of property, unless being subdivided into parcels of five acres or more. As these parcels were under the minimum five acre requirement, a plat was required to legally subdivide the site. Based on this, in order to develop the site as two separate parcels, a Subdivision Variance is required. Parcel 1 currently exists as a nearly 10,000 square-foot parcel with a lot width of 74 feet and conforms to all the dimensional requirements of the Zoning Ordinance for a single-family dwelling in the R-5D Residential Duplex District of 5,000 square feet and 50 feet, respectively. While Parcel 2 contains 11,567 square feet and conforms to the area requirement of the R-5D Residential Duplex District, it lacks direct access to a public street, so therefore has a lot width of zero. Page 2

3 The applicant is proposing to adjust the interior property line slightly to the north to ensure that both lots meet the minimum lot area requirement of 10,000 square feet in order to develop each parcel with a duplex. As such, the Zoning Ordinance requires that lots developed with duplexes in the R-5D Residential Duplex district be 10,000 square feet at a minimum and have a lot width of 75 feet. The applicant is requesting variances to lot width for both Lot 1A and 2A and for the lack of direct access to a public street for Lot 2A. A ten-foot wide ingress/egress easement recorded by deed in 1966 is proposed to be replaced with a 17-foot wide ingress/egress easement along the western property line. This easement will provide vehicular access from the right-of-way to Lot 2A. Required (Duplex Dwellings) Proposed Lot 1A Proposed Lot 2A Lot Width (feet) 75 74* 0* Lot Area (square feet) 10,000 10,027 11,529 *Subdivision Variances required for both lot width and direct access to a public street A three-story duplex dwelling is proposed for each of the lots. Exterior building materials will include horizontal vinyl siding, a brick water table, with cement fiberboard eaves and trim. Cedar siding is proposed in the gableends. The duplex on Lot 1A will have two dwelling units that will be 2,233 square feet each and will be nearly 35 feet in height. The duplex on Lot 2A will have two dwelling units that will be 2,083 square feet each and likewise will be nearly 35 feet in height. Each dwelling unit within the duplexes will have upper floor balconies and an attached nearly 300 square-foot one-car garage. Landscaping that will include a mix of medium evergreen trees, medium deciduous trees and small evergreen trees is proposed along the eastern property line to screen the adjacent single-family dwelling. Additional landscaping is proposed along the foundation of the buildings and alongside the proposed driveway. 1 Zoning History # Request 1 REZ (A-12 to R-5D) Approved 10/23/2003 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 3

4 Comprehensive Plan Recommendations The subject property is on the southern edge of the Southern Corporate District of the Pembroke Strategic Growth Area (SGA). As the district s name implies, the 2009 Pembroke SGA Master Plan envisioned iconic corporate and commercial properties with medium-rise buildings taking advantage of prime visibility from I-264. In early 2017, the Comprehensive Plan was amended to remove the flyover originally planned immediately behind the subject property. Since the plan was adopted in 2009, the market demand for office shifted to multi-family residential, and consequently most of the land adjacent to I-264 has been developed into medium density apartment complexes. Although the use is not as originally envisioned, the new multi-family buildings are of a similar scale and number as the previously planned office buildings. This same pattern of development could eventually expand into the area of the subject site as parcels are assembled over time. Natural and Cultural Resources Impacts The site is located in 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 6,200 Bonney Road 5,498 ADT 1 ADT 1 (LOS 4 C ) Existing Land Use 2 10 ADT 9,900 ADT 1 (LOS 4 D ) Proposed Land Use 3-24 ADT 1 Average Daily Trips 2 as defined by a singlefamily dwelling 3 as defined by two duplex dwellings 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Bonney Road in the vicinity of this application is considered a two-lane undivided collector. The MTP proposes a fourlane undivided facility within a 115-foot right-of-way. There are currently no CIP projects scheduled for this segment of Bonney Road. Public Utility Impacts Water There is an existing six-inch City water main along Bonney Road. Both dwelling units on each lot must have an individual connection to City water. A private utility easement will be required to allow for connection of the lot not having roadway frontage to the public water system. Sewer There is an existing eight-inch City sanitary sewer gravity main and a 10-inch City sanitary sewer force main along Bonney Road. Both dwelling units on each lot must have an individual connection to City sanitary sewer. A private utility easement will be required to allow for connection of the lot not having roadway frontage to the public sanitary sewer system. Page 4

5 Evaluation and Recommendation Section 9.3 of the Subdivision Regulations 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 self-inflicted hardship shall not be considered as grounds for the issuance of a variance. Subdivision Variances are requested to Section 4.4 (b) of the Subdivision Regulations for lot width for both lots and Lot 2A requests a variance to Section 4.4 (d), as it will not have direct access to a public street. Specifically, proposed Lot 1A will be deficient of the required minimum lot width of 75 feet for a duplex by one foot. Proposed Lot 2A will lack frontage on a public street; therefore, will have a lot width of zero, rather than the 75 feet required. The area surrounding the subject site is a mix of multiple residential, office and industrial zoning districts. Permitted residential densities range from 4.4 units per acre to 24 units per acre on properties within 1,000 feet of the subject site. In keeping with the by-right density of the R-5D zoning district that immediately surrounds the site, the applicant s proposal is to develop the site with two duplexes for a total of four dwelling units at a density of 8.16 units per acre. As has been the recent trend in this area of the Southern Corporate District of the Pembroke SGA, the market forces have not led to the redevelopment of the area as corporate medium-rise buildings as was originally envisioned. However, the proposed scale of this request, in Staff s opinion, is an appropriate transition from the medium-rise buildings in the northern portion of the SGA to the predominantly two-story townhouse developments of Kempsville Lakes, Bonney s Quay and Kemp s Lake to the south. It is Staff s view that the proposed redevelopment of this site will be of an appropriate size, scale and density to blend in with the by-right zoning of the adjacent properties. The proposed building materials of the duplexes are comparable to other similar new developments in the vicinity. This coupled with the fact that this property has two separate GPINs and has been taxed as such, Staff views this as a unique circumstance and does not see this as recurring in nature. Staff recommends approval of this request as conditioned below. Page 5

6 Recommended Conditions 1. The site shall be redeveloped substantially as shown on the submitted site layout exhibit entitled, Landscape Exhibit / Subdivision Variance Titan Investment Group, Inc., dated April 13, 2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is redeveloped, the duplex dwellings constructed shall be in substantial conformance with the architectural features, materials, size and appearance depicted on the submitted elevations entitled PROPOSED DUPLEX, prepared by Construction Services and Management and dated April 10, 2017 and April 17, Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. When the property is redeveloped, plantings reflective of the size, type and location of the plantings depicted on the site layout exhibit referenced in Condition 1 shall be installed and maintained. Any dead, diseased or dying plant shall be replaced. 4. A final plat shall be recorded with the Clerk of Court depicting both Lot 1A and 2A substantially as shown on the submitted layout plan entitled, PRELIMINARY RESUBDIVISION OF BARRON INVESTMENT, INC. AS SHOWN ON PLAT SHOWING PROPERTY TO BE CONVEYED TO LEE W. SMITH BY CHERRY ROUSE, dated February 1, 2017, prepared by WPL Landscape, Architecture, Land Surveying and Civil Engineering. Said layout plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 5. Legal ingress/egress for Lot 2A shall be maintained at all times, through ingress/egress easement(s). Said easement(s) shall be depicted and recorded on the final plat. 6. When the property is redeveloped, both dwelling units on each lot shall have individual connections to City water and City sanitary sewer services, unless otherwise authorized by the Department of Public Utilities. A private utility easement deemed acceptable by the Department of Public Utilities shall be recorded to permit such connections. 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 6

7 Proposed Layout Plan Page 7

8 Proposed Site Layout Page 8

9 Proposed Elevations Page 9

10 Site Photos Page 10

11 Disclosure Statement Page 11

12 Disclosure Statement Page 12

13 Disclosure Statement Page 13

14 Disclosure Statement Page 14

15 Disclosure Statement Page 15