1 November 12, 2014 Public Hearing

Transcription

1 1 November 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: MOISON DEVELOPMENT, L.L.C. STAFF PLANNER: Kevin Kemp REQUEST: Subdivision Variance to Section 4.4 (d) of the Subdivision Ordinance, which requires each lot created by subdivision shall have direct access to a public street. ADDRESS / DESCRIPTION: 1032 Fleming Drive GPIN: ELECTION DISTRICT: BEACH SITE SIZE: 10,384 square feet (0.24 acre) AICUZ: db DNL APZ-2 BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The existing lot (10,384 square feet or 0.24 acre) is zoned A-24 Apartment District. There is a single-family dwelling and a detached garage on the property, both of which will be removed. The lot has 74.9 feet of street frontage along Fleming Drive. Although it appears as though Fleming Drive continues along the eastern property line of the site that portion of the road is a private drive lane. The applicant submitted a site plan to the Development Services Center proposing a five unit, multiplefamily development on the site. The lot, at 0.24 acre and a density of 24 dwelling units per acre, yields 5 units. During the review process, however, it was discovered that the lot was not legally created. The lot was created by deed in 1955, and any lot created after 1953 is required to be recorded by plat with the Circuit Court. The applicant cannot resolve the issue by recording a subdivision plat, as the lot does not meet the minimum lot size requirement of 20,000 square feet for multiple-family development in the A-24 District. Accordingly, staff suggested to the applicant that with the current lot, three townhome lots could be developed as a matter of right. This by-right configuration is, in Staff s opinion, awkward and not Page 1

2 aesthetically pleasing (see Layout A below). Instead, Staff, working with the applicant, found that an alternative configuration provided the opportunity for a higher quality townhouse development (see Layout B below). This alternative layout is the one proposed with this variance request to the subdivision regulations. This request, should it be approved, will create three lots that meet the minimum lot size requirements for a townhome development, but that will not meet the required street frontage. LAYOUT A LAYOUT B (proposed by applicant) Proposed Lots (as shown in Layout B ): It is the intent of the applicant to subdivide the 10,384 square feet lot into three lots, as shown in Layout B above. The lots will vary in size, as shown in the table below. The applicant could subdivide the property into three parcels, aligning east to west, without requiring a subdivision variance (see Layout A above); however, in order to meet the required street frontage, these lots would be extremely narrow and deep. Instead, the applicant has proposed to subdivide the lot into three parcels aligned from north to south. Using this configuration, only Lot 3 (as shown on the submitted plan) has frontage along the right-of-way. Lots 1 and 2 do not have direct access to a public street. The submitted plan shows an ingress/egress easement providing vehicular access to Lots 1 and 2. Accordingly, a variance is required to the Subdivision Regulations pertaining to lot width and frontage. Item Required Lot 1 Lot 2 Lot 3 Lot Width in feet 30 for exterior 0* 0* 74.9 Page 2

3 14 for interior Lot Area in square feet 1,400 3,360 2,580 4,445 *Variance required Details: The submitted site plan shows three townhome dwelling units. The townhomes are oriented such that the front facades face west. Access to all three units will be from Fleming Drive via a private, variable width ingress/egress easement that will be created along the western side of the site. Each unit will have two off-street parking spaces, in addition to an attached garage. Utility and drainage easements will also be created as a part of the variable width easement at the west of the site and along the eastern edge of the site. Solid wood fencing will be provided along the eastern and western property lines. The fencing will be six feet in height to provide privacy from the adjacent commercial and multiple-family housing properties; however, the fence will taper to four feet in height as it approaches Fleming Drive and will meet all requirements of the Section 201(e) of the Zoning Ordinance. The submitted building elevations show three-story units. The front (west) elevation depicts a shed roof with dormers on the third floor, open porches on the second floor, and the entry door and garage on the ground floor. There is also an entry shown on the ground level of the rear elevation. The exterior of the proposed townhomes will use vinyl siding, with faux-stone paneling around the garage. Other decorative features include: varying roof lines, transom windows next to the front entry door, white decorative columns and railings, white trim boards, and copper roof accents over the dormers. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: Multiple-family apartment complex / A-24 Apartment District South: Fleming Drive Multiple-family apartment complex / A-24 Apartment District East: Multiple-family apartment complex / A-24 Apartment District West: Specialty retail (motorcycle parts and pet supplies) / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: The site is developed with a single-family dwelling. The site is located in the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The subject property is located in the Resort Strategic Growth Area (SGA), as well as the Accident Potential Zone 2 (APZ-2) and Noise Zone db DNL in the area surrounding NAS Oceana. Adopted in 2008, the Resort Area Strategic Action Plan (RASAP) identifies a vision for the Resort SGA in which three distinct yet complimentary districts at Laskin Gateway, Central Beach, and Rudee Marina draw the energy from the beach westward. The goal is to transform the area into a major activity center with strengthened neighborhoods and increased economic growth. Although RASAP does Page 3

4 not directly address properties such as the subject site that are located on the periphery of the Resort SGA, including those impacted by AICUZ, the Plan generally supports urban-style, pedestrian-friendly development. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on Fleming Drive east of Birdneck Road. Fleming Drive is a two-lane local street with a 40 rightof-way width. Fleming Drive is not included on the City s Master Transportation Plan map, and no Capital Improvement Program (CIP) projects are currently scheduled for this roadway. TRAFFIC: Street Name Fleming Drive Present Volume No data count available Present Capacity 6,200 ADT 1 (Level of Service C ) 9,900 ADT 1 (Level of Service D ) 11,100 ADT 1 (Level of Service E ) Generated Traffic Existing A-24 Zoning 2 30 ADT Proposed Land Use 3 30 ADT 1 Average Daily Trips 2 as defined by three townhouse dwellings 3 as defined by three townhouse dwellings WATER: This site connects to City water. There is an existing City water main on Fleming Drive. The existing 5/8-inch meter (City ID # ) can be used or upgraded to accommodate the proposed development. SEWER: City gravity sanitary sewer is not available. Health Department approval is required for septic systems. The site could connect to the City system via a private pump station and force main. 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 Page 4

5 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 The subject site is zoned A-24 Apartment District. The site currently contains a single-family home and a detached garage, which will be demolished. It is the intent of the applicant to subdivide the site into three parcels in order to construct three townhome units. The existing parcel could be subdivided into three parcels, side by side along Fleming Drive without a variance. Due to the size and configuration of the lot, the applicant is requesting a variance to allow the townhome units to be laid out in a more aesthetically pleasing manner, resulting in a better site layout and home design. The proposed townhome development is compatible with the surrounding properties and is consistent with the dense residential development of the area. The site borders a commercial property to the west and multiple-family developments to the north, south and east; therefore, the proposed use is not anticipated to have an adverse effect on any of the surrounding properties. For the reasons stated above, Staff recommends approval of this request with the conditions below. CONDITIONS 1. With the exception of any modifications required as a result of the formal site plan review process, the site shall be developed in substantial conformance to the submitted site plan entitled, LAYOUT PLAN OF PROPOSED TOWNHOMES FLEMING DRIVE, dated 05/14/2013 and revised on 07/23/2013 and prepared by John E. Sirine Associates, Ltd. 2. When developed, the townhomes constructed on the property shall be in substantial conformity with the submitted elevation drawings entitled, MOISON DEVELOPMETN, LLC FRONT ELEVATION RENDERING 1032 FLEMING DRIVE and MOISON DEVELOPMENT, LLC ELEVATION DRAWING 1032 FLEMING DRIVE. 3. A private ingress/egress access easement shall be recorded as depicted on the exhibit referenced in Condition 1 above. Said easement shall be for the benefit of the lots identified as Lot 1 and Lot 2. Page 5

6 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 6

7 AERIAL OF SITE LOCATION Page 7

8 PRELIMINARY PLAT FOR PROPOSED SUBDIVISION Page 8

9 PROPOSED SITE LAYOUT Page 9

10 PROPOSED SUBDIVISION Page 10

11 FRONT ELEVATION Page 11

12 ELEVATION DRAWINGS Page 12

13 ZONING HISTORY # DATE REQUEST ACTION 1 07/11/2000 Change of Zoning (R-7.5 to A-18) Approved 2 01/27/1986 Change of Zoning (B-2 to B-4) Withdrawn 3 02/04/1985 Change of Zoning (B-2 to A-2) Approved 4 10/10/1983 Change of Zoning (B-2 to A-2) Approved 5 06/21/1982 Change of Zoning (R-6 to A-2) Approved 6 05/17/1982 Change of Zoning (R-6 to A-6) Approved 7 06/15/1981 Change of Zoning (R-6 to A-1) Approved 8 04/17/1978 Change of Zoning (R-6 to A-2) Approved 9 04/16/1970 Street Closure Withdrawn Page 13

14 DISCLOSURE STATEMENT Page 14

15 DISCLOSURE STATEMENT Page 15