Applicant Property Owners Walter Land, Paulette Christine Land, Cheyenne Land, Stanley Lee Land, Joseph Edward Land, Sr., Rhonda Hudgins a/k/a Ronette Hudgins, Randy Hudgins, Rodney Hudgins, Raymond Hudgins, Jr., Margie Ree Baxter, Raymond Lee Hawkins, Lorna Williams a/k/a Elona Williams, Edward James Williams a/k/a Argan Williams, Patrick Williams, Dunk Williams a/k/a Alphonzo Williams, Zelma Hawk, William Sneed, C.E. Gentle, Jr., Dala Corporation Public Hearing July 12, 2017 City Council Election District Bayside Agenda Item 5 Request Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Robert Davis Location 1337 Reedtown Road GPIN 1478680720 Site Size 1.07 acres AICUZ Less than 65 db DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Undeveloped / R-15 Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-15 Residential South Single-family dwellings / R-10 Residential East Single-family dwellings / R-15 Residential West Townhouses / R-2.5 Residential Page 1
Background and Summary of Proposal The 1.07-acre parcel is located in an area known as Reedtown and is currently is owned by 18 individuals and entities. The property is being sold by court order in a partition suit in order to pay back taxes and liens and to provide the owners with their equity. The request is to subdivide the parcel into two lots. Each lot will contain 23,387 square feet, thereby exceeding the minimum lot area requirement of 15,000 square feet. Lot A is proposed with a lot width of 68.72 feet and Lot B is proposed with a lot width of 57.16, rather than the 100 feet required in the R-15 Residential District, thus Subdivision Variances to lot width are requested for both lots. Required (Single-Family Dwellings) Proposed Lot A Proposed Lot B Lot Width (feet) 100 68.72* 57.16* Lot Area (square feet) 15,000 23,387 23,387 *Subdivision Variance required for lot width. Page 2
No Zoning History to Report 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 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan s primary guiding principle for the Suburban Area is to create Great Neighborhoods, and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-61) Natural and Cultural Resources Impacts The property is within the Chesapeake Bay watershed. The site is heavily wooded. There does not appear to be any significant cultural features on the site. Public Utility Impacts Water Each lot must connect to City water with a single and exclusive water tap and meter. There is an existing four-inch City water main along Reedtown Road. Sewer Each lot must connect to City sewer with a single and exclusive sewer tap. There is an existing eight-inch City sanitary sewer gravity main along Reedtown Road. Page 3
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. 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 applicant is requesting a Subdivision Variance to subdivide this very large lot into two parcels. This 1.07-acre parcel is excessive in size for this neighborhood and possesses sufficient lot area for three single-family dwellings; however, the lot width requirement limits the by-right development of the site to one single-family dwelling. As proposed, the two parcels will each have a larger lot size than many of the surrounding existing lots. The proposed subdivision is consistent with the land use pattern in the vicinity, as evident by review of the zoning history map attached to this report. The culde-sac where the lot is located contains a mix of parcels zoned R-10 and R-15 Residential District, each with a unique configuration. Staff believes that granting of a variance will not result in substantial detriment to adjacent properties and will not adversely affect the character of the neighborhood. Recommended Conditions 1. When the property is subdivided, it shall be in substantial conformance with the layout depicted on the plat entitled PRELIMINARY EXHIBIT FOR RESUBDIVISION OF PROPERTY OF DALA CORPORATION (D. B. 3405, PG. 875) VIRGINIA BEACH, VIRGINIA, prepared by WPL, dated April 10, 2017, with no more than two parcels - Lot A and Lot B. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department and Community Development. 2. When Lot A and Lot B are developed, the dwelling for Lot A when constructed shall substantially adhere in appearance and size to the submitted elevation entitled A4 OBH-200 Model B and the dwelling for Lot B when constructed shall substantially adhere in appearance and size to the submitted elevation entitled A5 OBH-200 Model B, prepared by Ocean Bay Homes. Said elevations have been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 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 4
Proposed Site Layout Lot B Lot A Page 5
Proposed Elevations Page 6
Proposed Elevations Page 7
Site Photos Page 8
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Co-Special Commissioners: John W. Richardson, Esquire Wolcott Rivers Gates James A. Evans, Esquire Evans & Bryant, PLC Page 11
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X Ocean Bay Homes Page 13
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