Applicant Property Owners and Wayne Champigny Public Hearing June 8, 2016 City Council Election District Princess Anne Agenda Item 9 Request Subdivision Variance to Section 4.4 (b) and (d) of the Subdivision Regulations Staff Planner Jimmy McNamara Location East of Riddick Lane and north of Candle Pine Lane GPINs 1493332741, 1493331623, 1493332346 Site Size Lot K1 0.93 acres Lot J1 1.05 acres Lot K2 1.22 acres AICUZ 65-70 db DNL Existing Land Use and Zoning District Undeveloped lots / AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwellings / PD-H1 Planned Unit Development South Single-family dwellings / AG-2 Agricultural Candle Pine Lane Indian River Road East Single-family dwelling / AG-2 Agricultural West Riddick Lane Single-family dwellings / AG-2 Agricultural Page 1
Background and Summary of Proposal The applicant is proposing to adjust the property lines of two parcels, identified as J and K on the existing, recorded plat, from an east/west orientation to a north/south orientation. The applicant is also requesting that a residual parcel, identified as parcel K2 on a submitted exhibit, be legitimized as a legal, buildable site. The subject parcels are all zoned AG-2 Agricultural District. Existing Parcels: Parcels J and K benefit from a variable width ingress/egress easement, containing Riddick Lane, that was recorded by deed on February 6, 1956 (Deed book 441, Page 465). These two lots were determined to be legally nonconforming, as they were recorded by plat on June 27, 1961 (Map Book 52, Page 39). At the time of recordation, both parcels were zoned A-R Agricultural District and met the minimum lot area requirement of 10,000 square feet. In 1988, the City of Virginia Beach amended the minimum requirements and renamed the zoning district AG-2 Agricultural District. Although these parcels have been put to record, they lack direct access to a public street as required by Section 4.4 (d) of the Subdivision Regulations, and fail to meet the existing dimensional requirements of the Zoning Ordinance lot width of 150 feet and lot area of one acre. Additionally, the proposed Parcel K2 is a result of actions overtime that unintentionally created a left over parcel. In 1960, this site was part of a 3.66-acre parcel that was subdivided out from a larger property, and met all of the A-R Agricultural District s requirements (Map Book 49, Page 38). Subsequently, approximately 2.5 acres of the property was separated from the 3.66 acre site by deed. This acreage was then illegitimately subdivided into two lots that were created by deed in the late 1960s (Deed Book 1032, Page 272 and Deed Book 1048, Page 146). In 2012, a Subdivision Variance was granted rectifying this error and these lots were then legally recorded by plat on October 17, 2012 (Instrument #20121017001202360); however, the residual 1.22- acre parcel, Parcel K2, was not addressed. Page 2
Despite the fact that parcel K2 meets all of the dimensional requirements of the AG-2 Agricultural District, and that the City has taxed the lot as configured, it was never platted as required, but rather was created as a result of actions surrounding it. A Subdivision Variance is requested to legally create Parcel K2. Proposed Lots: The proposed reconfiguration of Parcels J1 and K1 will not result in any additional lots and will continue to have access via Riddick Lane. An additional ingress/egress will be provided to Parcel K1, along propose Parcel J1 s southern property line. As neither proposed Parcel J1 and K1 will have direct access to a public right-of-way, thereby not meeting the minimum lot width requirement of 150 feet, a Subdivision Variance is required. Proposed Parcel K1 is depicted on the plan with 1.046 acres, thereby meeting the lot area requirement of one acre. The 0.927-acre Parcel J1 will not meet this requirement of one acre; therefore, a variance to lot size is also requested for this site. No dimensional changes are proposed for Parcel K2 as it has 177 feet of frontage along Indian River Road and is 1.22 acres in size. Required Proposed Parcel J1 Proposed Parcel K1 Proposed Parcel K2 Lot Width in feet 150 feet 0 feet 0 feet 177.67 feet Lot Area in acres 1 acre 0.927 acres 1.046 acres 1.22 acres 1 2 1 3 4 Zoning History # Request 1 SVR Approved 09/27/2011 2 SVR Approved 04/26/2011 3 SVR Approved 05/11/1999 4 MOD of Land Use Plan 05/13/2008 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
Comprehensive Plan Recommendations The Comprehensive Plan designates this area as being within the South Princess Anne Commons, a subarea of Princess Anne Commons SEGA 4. South Princess Anne Commons lies within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, a designation that reduces by-right residential density, yet overall still offers a unique opportunity for education, entertainment, recreation, and habitat preservation, by-right rural residential, and agricultural and related activities. It is not the intent of this Plan for this area to become part of the urban area north of the Green Line. Instead, the general goals are for creation of quality development, provide for a planned mix of public and private uses, provide exceptional open spaces, and to design with nature. (p. 4-1, 4-11, 4-12) In addition to the Comprehensive Plan, the ITA and Vicinity Master Plan provides more detailed land use plan and recommendations for this area. The preferred land use plan designates this site as Agricultural/Rural Residential and calls for low density residential and agricultural farmettes. (ITA Plan, p. 22) Natural and Cultural Resources Impacts These sites are located in the Southern Rivers watershed. Besides the timber from the wooded lots, there are no known natural or cultural resources associated with the sites. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 13,600 Indian River Road 6,062 ADT 1 ADT 1 (LOS 4 C ) Existing Land Use 2 0 ADT 16,200 ADT 1 (LOS 4 E ) Proposed Land Use 3-30 ADT 1 Average Daily Trips 2 as defined by vacant lots 3 as defined by three single-family dwellings Public Utility Impacts 4 LOS = Level of Service Water These lots must connect to City water. Each parcel must be served with an exclusive tap and meter. There is an existing eight-inch City water main within a public utility easement in Candle Pine Lane (private road). Sewer These lots must connect to City sewer. Each parcel must be served with an exclusive lateral. There is an existing eightinch City gravity sewer main within a public utility easement in Candle Pine Lane (private road). 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. Page 4
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. 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. The request to reconfigure Parcels J and K into a north/south orientation is consistent with the recommendations of the Comprehensive Plan and the ITA and Vicinity Master Plan. This request would not increase residential density and therefore; in Staff s opinion, is compatible with the area. The proposed reconfiguration will slightly reduce the nonconformity of one of the existing lots, as proposed Parcel J1 will be 0.927 acres in site, thus bringing it closer to the required one-acre minimum. Although these two lots will continue to lack direct access to a public street, both sites are accessible via the existing ingress/egress easement containing Riddick Lane as well as a proposed 20-foot ingress/egress easement along the southern property line for the benefit of proposed Parcel K1. As mentioned above, Parcel K2 currently meets all of the dimensional requirements for the AG-2 Agricultural District, however, the lot was never legally platted. Interestingly, the lot has a unique Geographic Parcel Identification Number (GPIN), typically assigned to legally established lots, and the City has taxed the parcel as configured. A Subdivision Variance will allow this existing parcel to be legally recorded with the Circuit Court. Staff recommends approval of this request subject to the following conditions. Recommended Conditions 1. The reconfiguration of Parcel J and K shall be substantially in accordance with the submitted subdivision exhibit entitled, VARIANCE EXHIBIT FOR RESUBDIVISION OF LOTS J AND K PROPERTY OF WILLIE RIDDICK (M.B. 52, P. 39) VIRGINIA BEACH, VIRGINIA, dated May 26, 2016, and prepared by Hayden Frye and Associates, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. Legal ingress/egress for Parcels J1 and K1 shall be maintained at all time, through ingress/egress easement(s), no less than 20 feet in width. Said easement(s) shall be depicted and recorded on the final plat. 3. A final plat depicting Parcel K2, substantially as depicted on the exhibit entitled, VARIANCE EXHIBIT FOR RESUBDIVISION OF LOTS J AND K PROPERTY OF WILLIE RIDDICK (M.B. 52, P. 39) AND PART OF JAMES CAFFEE PARCEL (M.B. 49, P 38) PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, dated March 24, 2016, prepared by Beck Associates, PC. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 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 5
Existing Recorded Plat (Lots J & K) J K Page 6
Proposed Subdivision Exhibit (Lots J1 & K1) Ingress/Egress Easement J1 K1 Page 7
Existing Recorded Plat (Including proposed K2) Approximate location of Proposed K2 Page 8
Proposed Subdivision Exhibit (Lot K2) Page 9
Site Photos Page 10
Disclosure Statement Page 11
Disclosure Statement X Thomas Brown X Wayne Champigny Page 12
Disclosure Statement Page 13
Disclosure Statement Page 14
Disclosure Statement Page 15
Disclosure Statement Page 16
Disclosure Statement Page 17