Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Planner Jimmy McNamara

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Applicant & Property Owner Shore Ventures Associates, L.L.C. Public Hearing August 10, 2016 City Council Election District Lynnhaven Agenda Item 8 Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Planner Jimmy McNamara Location 457 Kirkwood Lane GPIN 1487068873 Site Size 8,742 square-feet AICUZ Less than 65 db DNL Existing Land Use and Zoning District Duplex / R-7.5 Residential Surrounding Land Uses and Zoning Districts North Single-family dwelling / R-7.5 Residential South Single-family dwelling / R-7.5 Residential East Kirkwood Lane Single-family dwelling / R-7.5 Residential West Patton Lane Single-family dwelling / R-7.5 Residential Page 1

Background and Summary of Proposal The subject site, Lot 5, was created by plat on June 5, 1961 (Map Book 52, Page 32). The existing duplex was built as a single-story barrack within Camp Ashby, which existed as a World War II Prisoner of War camp. At some point, the building was converted into a duplex. The applicant is proposing to subdivide the subject parcel into two parcels (Lot 5A and Lot 5B), and demolish the existing non-conforming duplex structure and construct a single-family dwelling on each of the newly created parcels. Proposed Lot 5A will meet all the dimensional requirements of the City Zoning Ordinance. Proposed Lot 5B will not meet the required 75-foot lot-width requirement by 2.89 feet. As depicted, Lot 5B will be deficient therefore, a Subdivision Variance to lot width is requested. Proposed Lot Configuration Required Proposed Parcel 5A Proposed Parcel 5B Lot Width in Feet 75 114.5 72.11* Lot Area in Square-Feet 7,500 13,258 8,742 * A Subdivision Variance is 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 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. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. No significant environmental features appear to be associated with the site. From 1944 to 1946, the subject site served as a part of the Prisoner of War (POW) Side Camp known as Camp Ashby. During this time, nearly 6,000 German troops from the Afrika Korps were housed in the immediate area. This structure is one of few remaining buildings from Camp Ashby believed to be still in existence. Barrack buildings, such as the one found on the subject site, were set on concrete blocks and heated with coal stoves. Most POW camps, such as Camp Ashby, were very similar in layout. They contained approximately 20 barracks that housed a thousand or more men, contained four kitchens and mess halls, an auditorium, infirmary, chapel, canteen, latrines, recreation building and administrative building, all of which were surrounded by fences, guard towers and search lights. Local residents have reported finding jars filled with tobacco, eyeglasses and other small possessions in the area that encompassed the former Camp Ashby. City Staff is interested in photographing the interior of the building and any archaeological artifacts found onsite. Page 3

Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 6,200 ADT Patton Lane No Data Available 1 (LOS 4 C ) Existing Land Use 2 20 ADT 11,100 ADT 1 (LOS 4 E ) Proposed Land Use 3-20 ADT 1 Average Daily Trips 2 as defined by a duplex dwelling. Public Utility Impacts 3 as defined by two single-family dwellings. 4 LOS = Level of Service Water The site is currently connected to City water. There are existing six-inch water mains in both Patton and Kirkwood Lanes. The existing 5/8-inch water meter (City ID #95124121) can be used or upgraded to accommodate the proposed development. Sewer The site is currently connected to City sanitary sewer service. There are existing eight-inch City sanitary sewer gravity mains in both Patton and Kirkwood Lanes. 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. This Subdivision Variance is requested to allow the applicant to create two lots for the purpose of developing two singlefamily dwellings. The parcel, as currently configured, is currently the only through-lot on the block that has frontage on both Kirkwood Lane and Patton Lane. The proposed subdivision would result in the creation of two parcels that are similar in size, dimension and layout to the existing parcels on the block and in the neighborhood. Additionally, the request would remove an existing nonconforming duplex, and replace it with two, single-family dwellings that are more in line with the character of the neighborhood. Based on the considerations above, Staff recommends approval of the request, subject to the condition below. Page 4

Recommended Condition 1. When subdivided, the property shall be subdivided as shown on the submitted preliminary plat entitled SUBDIVISION OF PARCELS E & F AS SHOWN ON SUBDIVISION OF THALIA MANOR M.B. 41 PG. 56, M.B. 52 PG. 32, dated March 15, 2016, and prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Planning Department. 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 Subdivision Plat Page 6

Proposed Subdivision Exhibit Page 7

Site Photos Page 8

Disclosure Statement Page 9

Disclosure Statement Page 10

Disclosure Statement Page 11

Disclosure Statement Page 12

Disclosure Statement Page 13