2 July 14, 2010 Public Hearing

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1 2 July 14, 2010 Public Hearing REQUEST: Conditional Use Permit (community boat dock) APPLICANTS & PROPERTY OWNERS: MAXIM V. MIROVSKI & MARGARET Y. BAUMGARTEN / STEPHEN J. & PAUL H. LAUKAITIS STAFF PLANNER: Carolyn A.K. Smith ADDRESS / DESCRIPTION: 3336 Whippoorwill Point; 3300 Whippoorwill Point GPIN: ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 46,338 square feet 46,290 square feet AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a community boat dock to be shared by 2 adjacent property owners. Specifically, the applicants wish to share a pier approximately 160 feet long with a 10 by 25 foot float at the end of the pier. Access to the pier would be via Site B (3336 Whippoorwill Point) and then extending out to the water on Site 3-3a (3300 Whippoorwill Point). To meet the Zoning Ordinance setback requirements, the pier will be four feet wide at the point of its beginning and will then transition to five feet wide at mean low water. This proposal is also under review through the Joint Permit Application (JPA) process. Page 1

2 EXISTING LAND USE: One single-family dwelling on each lot. LAND USE AND PLAN INFORMATION SURROUNDING LAND USE AND ZONING: North: Single-family dwellings / R-40 Residential District South: Lynnwood Drive Single-family dwellings / R-40 Residential District East: Single-family dwellings / R-40 Residential District West: Whippoorwill Point Single-family dwellings / R-40 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The properties are within the Chesapeake Bay watershed and specifically within the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area. There do not appear to be any significant cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan s principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods and reinforce the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. Achieving the goals of preserving neighborhood quality requires promoting compatibility with surroundings, quality & attractiveness of site and buildings, improved mobility, environmental responsibility, livability and buffering between non-residential and residential development (page 3-2). This request for a shared pier will have no significant impact to City services. CITY SERVICES EVALUATION AND RECOMMENDATION Staff concludes that rather than one pier for each of the two lots, one, shared pier is preferred for both visual and navigation purposes. The proposed pier will be used exclusively by the applicants (two property owners) and will be limited to their private use, as no commercial use of the pier will be permitted per the recommended conditions. The pier will not have a sewer pump-out facility nor will petroleum products be dispensed or stored on the site. The applicant is currently seeking approval through the Joint Permit Application (JPA) process, and no construction will be permitted until the JPA is approved. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The boat dock shall be constructed as shown on the plan entitled Conditional Use Permit For A Page 2

3 Community Pier, prepared by Waterfront Consulting Inc., dated April 20, 2010, or as may be modified as required by the Joint Permit Application Permit. 2. The use of the non-commercial, community boat dock shall be limited to the private use of lots shown on the plan as Site B (3336 Whippoorwill Point) and Site 3-3a (3300 Whippoorwill Point) for boating and recreational purposes only. 3. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. There shall be no structures, except for uncovered boat lifts, on any portion of the pier. NOTE: 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 3

4 AERIAL OF SITE LOCATION Page 4

5 PROPOSED SITE PLAN Page 5

6 PROPOSED PIER LAYOUT Page 6

7 /22/05 CUP (residential kennel) Granted 2 02/04/98 Subdivision Variance Granted ZONING HISTORY Page 7

8 MAXIM V. MIROVSKI & MARGARET Y. BAUMGARTEN / STEPHEN J. & PAUL H. LAUKAITIS DISCLOSURE STATEMENT Page 8

9 DISCLOSURE STATEMENT Page 9

10 DISCLOSURE STATEMENT Page 10