December 14, 2011 5 Public Hearing APPLICANT: CS2 ACQUISITION, LLC PROPERTY OWNER: WEDGEWOOD ASSOCIATES, LLC STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots have direct access to a public street. ADDRESS / DESCRIPTION: 4800 Dolton Road GPIN: 1477-21-2202-0000 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 28.525 Acres AICUZ: Less than 65 db DNL SUMMARY OF REQUEST The applicant is requesting to subdivide a parcel from the property known as the Cornerstone development. The proposed parcel does not front on a public street and a variance is required. There are two parcels identified on this site. Parcel A-1-A is undeveloped and Phase 1, Parcel A-2-A has been residentially developed. Existing Lot: The existing lot, Parcel A-1-A, is 28.525 acres. The property is zoned Conditional A-24 Apartment District with a PD-H2 Planned Development Overlay District. It is approved for a mixture of multi-family, stacked townhouses and townhouses. Access to the site is via Bonney Road, Dolton Drive and Alicia Drive. The internal access is comprised of private streets. Proposed Lots: The applicant intends to subdivide 7.5 acres from Parcel A-1-A. However, this parcel, Phase II, will not front on a public street and a variance is required. Access to this parcel will be via the private streets that serve this development. The applicant desires to subdivide this 28.5 acre site because there will be two separate lending institutions financing these parcels. Basically, each lender will require a deed of trust over the portion of the property covered by their financing. In order to satisfy both lenders two separate parcels are required. Page 1
Item Required Phase II Parcel A-1-A Lot Width in feet 100 0* 254.05 Lot Area in square feet and/or acres 20,000 7.5+/- acres 21.1+/- acres *Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: Planned residential development currently under construction. SURROUNDING LAND USE AND ZONING: North: Interstate 264 South: Bonney Road and Dolton Drive/ Various commercial and residential uses / B-2 Community Business District, R-5D Residential Duplex District, A-24 Apartment District with a PDH2 overlay, etc. East: Single-family / various commercial uses / B-2 Community Business District and R-5D Residential Duplex District West: Mobile home park / A-12 Apartment District District COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Pembroke Strategic Growth Area (SGA 4). The Pembroke Strategic Growth Area 4 Implementation Plan, adopted as an amendment to the Comprehensive Plan in November 10, 2009, sets forth a long-range vision and land use recommendations for the Pembroke SGA. In general, the vision for the Pembroke SGA is a central urban core with a vertical mix of urban uses, great streets, mobility and transit alternatives, urban gathering places, environment and neighborhood preservation and enhancement, green buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically-diverse areas. The Implementation Plan describes and provides planning policies for six subareas or districts. The subject property is located within the Southern Corporate District, which is generally located south of I-264 generally between Witchduck Road, Bonney Road, Baxter Road and South Boulevard. The Southern Corporate District area is planned to emerge as an urban village with a mix of attractive residential and signature office buildings located along I-264. The development pattern should transition to smaller scale residential, office and retail uses to the south. While development in this district is envisioned with a stronger residential emphasis toward the south, it will still foster small and medium-size office and businesses of eye-catching architecture that will be a vital element of this district, and that will take advantage of prime interstate visibility. IMPACT ON CITY SERVICES WATER AND SEWER: This site will be connected to City water and sewer. Page 2
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 This is a simple request to subdivide and create a separate parcel for mortgage purposes. No modifications to the approved land use plan are proposed. The access and infrastructure serving this development will not change. Each parcel meets the minimum lot area requirement and each will meet their respective parking requirements. Proposed Phase II parcel will not have frontage on a public street, as required by Section 4.4(d) of the Subdivision Ordinance, and a variance is required. Staff recommends approval with the condition below. CONDITION The parcels shall be subdivided substantially in accordance with the submitted Cambria At Cornerstone Phase II Compiled Lot Layout Exhibit ; dated September 29, 2011 and prepared by the Timmons Group. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach 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
AERIAL OF SITE LOCATION Page 4
PROPOSED LOT LAYOUT PLAN Page 5
APPROVED LAND USE PLAN Page 6
1 2 3 ZONING HISTORY # DATE REQUEST ACTION 1 04/05/2005 Rezoning (A-12 to Conditional A-24 Approved w/pd-h2 Overlay) 2 06/06/2010 Rezoning (A-24 to Conditional A-24 Approved w/pd-h2 Overlay) 3 01/25/2011 Rezoning (A-24 w/pd-h2 Overlay to P-1) Page 7
DISCLOSURE STATEMENT Page 8
DISCLOSURE STATEMENT Page 9