9 November 12, 2014 Public Hearing

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1 9 November 12, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: GARRETT A. & BERNADETTE P. ALCARAZ STAFF PLANNER: Kristine Gay REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance, which requires that with the exception of lots created by governmental action, all lots created by subdivision must meet all requirements of the Zoning Ordinance. ADDRESS / DESCRIPTION: 3075 Bray Road GPIN: ELECTION DISTRICT: LYNNHAVEN SITE SIZE: acres AICUZ: db DNL Sub Area 3 BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The existing lot is located at 3075 Bray Road and is zoned R-40 Residential District. This lot is acres with a lot width of feet and is bordered by single-family lots to the north, south, and east, and by the Lynnhaven River to the west. The lot has been developed in the rear with a singlefamily dwelling, swimming pool, and patio. The site is sparsely wooded. The majority of the mature forest floor is within the front half of the lot, where limited site development has taken place. As shown on the preliminary subdivision plat, the site is located within the Resource Protection Area (RPA), which is the more stringently regulated portion of the Chesapeake Bay Preservation Area (CBPA). The applicant presented their proposed site improvements to the CBPA Board on July 28, The CBPA Board Staff could not support the application, concluding that the removal of the largest mature area of riparian buffer on the site, coupled with the applicant proffering to supplement the existing buffer as a means of restoration versus the creation of buffer within proposed Lot 1 in areas currently devoted to turf.... would not maximize rainwater infiltration as intended by the Ordinance. The Chesapeake Bay Preservation Area Board Staff recommended... that with the creation of the two lot subdivision, there Page 1

2 needs to be a comprehensive buffer restoration plan that addresses the restoration of the entire riparian buffer system and not just the supplementation of existing riparian buffer on proposed Lot 2, (Staff Report for Garrett A. and Bernadette P. Alcaraz, Chesapeake Bay Preservation Area Board Hearing, July 28, 2014). Upon hearing the application, the CBPA Board voted to approve the applicant s encroachment into the RPA contingent to 25 conditions. The conditions are provided on pages 11 through 14 of this report. Proposed Lots: It is the intent of the applicant to subdivide 1.45 acres from the site to be developed with a single-family dwelling (Lot 2). The remaining 2.94 acres of the site (Lot 1), will retain the existing residential dwelling and include minor changes to the existing driveway and the relocation of the existing pool out of the seaward portion of the RPA. As shown in the table below, both of the proposed lots will meet the applicable lot area requirements, however, both lots will be deficient in lot width. This proposed deficiency in lot width requires a Subdivision Variance. Lot Criteria Required by Code Existing Lot Proposed Lot 1 Proposed Lot 2 Lot width in feet * * Lot area in square feet 40, , ,866 63,180 Lot area outside of water, marsh, or wetlands in square feet 24, ,656 80,572 34,084 *Variance required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE SURROUNDING LAND USE AND ZONING NATURAL RESOURCE AND CULTURAL FEATURES COMPREHENSIVE PLAN Single-family dwelling North: Lynnhaven River Single-family homes / R-40 Residential District South: Single-family homes / R-40 Residential District East: Single-family homes / R-40 Residential District West: Lynnhaven River The site is located in the Chesapeake Bay Preservation Area and consists of water, marsh, wetlands, and wooded natural areas. 40% (76,390 square feet) of this site is wetlands, marsh, or below water. The Comprehensive Plan designates this site as being within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. IMPACT ON CITY SERVICES WATER Lot 1 is connected to City water. The existing 5/8-inch meter (City ID # ) may be used or upgraded to accommodate the proposed development. Lot 2 must connect Page 2

3 to City water. SEWER Lot 1 is connected to City sewer. Lot 2 must connect to City sewer. Pump Station #245 is the receiving pump station for this site. Water and sanitary sewer service must be verified and improved if necessary so that the new building will have adequate water pressure, fire protection, and sanitary sewer service. 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. EVALUATION AND RECOMMENDATION The subject site is zoned R-40 Residential and substantially exceeds the minimum lot area standards by being acres in size. Typical of properties adjacent to inland bodies of water including properties in the vicinity, the subject site has a disproportionately small lot width. The site has 478% of the amount of required lot area, and only 68% of the required lot width. Based on the hardship caused by the physical character of the lot, the applicant is requesting a Subdivision Variance to allow the subdivision of the existing lot into two lots which will both be greatly deficient in lot width. The site is bordered by the Lynnhaven River to the west and partially to the north; therefore, the applicant presented their proposed site improvements and subdivision requests to the CBPA Board on July 28, While, as described on pages 1 and 2, the request was recommended for denial by the Chesapeake Bay Preservation Area Board Staff, the CBPA Board voted to approve the applicant s encroachment into the RPA contingent to 25 conditions. These conditions are provided on pages 11 through 14. To alleviate any concern that the authorization of the requested Subdivision Variance will not be of substantial detriment to adjacent properties, and that the character of the neighborhood will not be Page 3

4 adversely affected (Section 9.3(B), above), the applicant has acquired signatures of support from five adjacent and nearby property owners. Said signatures have been included near the end of this report. The physical character and topography of this site presents a hardship. The requested subdivision will result in two lots that will be similar to existing lots on Bray Road, and that, in Staff s opinion, will not result in any adverse effect on the surrounding neighborhood. For these reasons, as well as its consistency with the City of Virginia Beach Comprehensive Plan, Staff recommends approval of this request for a Subdivision Variance subject to the conditions below. CONDITIONS 1. A site plan shall be submitted to the Department of Planning, Development Service Center (DSC) for review and approval prior to issuance of a building permit. 2. Submitted concurrent with the site plan shall be a separate planting/buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 3. Stormwater management shall comply with the requirements set forth within the City Code Ordinance, Appendix D Stormwater Management. 4. As required by the Chesapeake Bay Preservation Area Board conditions of approval, all required restoration, inclusive of a comprehensive (incorporating lot 1 and lot 2) buffer restoration plan shall be submitted, approved, and restoration installed prior to the recordation of the subdivision plat. 5. The maximum impervious cover for proposed Lot 1 shall be 16,001 square feet as shown on the submitted exhibit. 6. The maximum impervious cover for proposed Lot 2 shall be 6,696 square feet as shown on the submitted exhibit. 7. Located on Lot 1 shall be a 10-foot wide ingress egress easement to benefit Lot 2 for a shared driveway. Said easement shall extend westward approximately 320 feet from Bray Road to the area referred to as CONCEPTUAL BUILDING & IMPERVIOUS FOOTPRINT. 8. The parcels shall be subdivided substantially in accordance with the submitted preliminary subdivision plate titled, NORTHEAST PORTION OF SITE 11, dated 08/14/14, as prepared by Martin Engineering. Said preliminary subdivision plat has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. Page 4

5 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 5

6 AERIAL PHOTOGRAPH OF SITE Page 6

7 PHOTOGRAPH OF SITE CONDITIONS Page 7

8 PHOTOGRAPH OF SITE CONDITIONS Page 8

9 PHOTOGRAPH OF SITE CONDITIONS Page 9

10 PROPOSED SUBDIVISION Page 10

11 CBPA Board Conditions of Approval Page 11

12 CBPA Board Conditions of Approval Page 12

13 CBPA Board Conditions of Approval Page 13

14 CBPA Board Conditions of Approval Page 14

15 SIGNATURES OF SUPPORT Page 15

16 2 1 ZONING HISTORY # DATE REQUEST ACTION 1 10/23/2001 Subdivision Variance Approved 2 03/14/2006 Subdivision Variance Approved Page 16

17 DISCLOSURE STATEMENT Page 17

18 DISCLOSURE STATEMENT Page 18