Applicant and Property Owner Public Hearing January 13, 2016 Requests Subdivision Variance To Section 4.4(d) of the Subdivision Ordinance Staff Planner Kristine Gay Location 4201 Atlantic Avenue GPIN 24189660850000 Election District Beach Site Size 6.151 Acres AICUZ 70-75 db DNL Existing Land Use Demolished hotel, vacant Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-7.5 Residential South Atlantic Avenue Hotel / OR Oceanfront Resort East Oceanfront West Pacific Avenue Cavalier residential development / OR Oceanfront Resort Page 1
Background and Summary of Proposal The applicant is requesting to subdivide the existing 6.151 acre parcel into three lots. These proposed parcels are referred to as Parcel 1A, 2A, and 3A on the submitted exhibit. Parcel 2A does not front on a public right-of-way as required by Section 4.4(d) of the City of Virginia Beach Subdivision Regulations. Thus, the applicant is requesting a Subdivision Variance. Parcel 2A meets all other dimensional requirements required by the Oceanfront Resort District Form-Based Code. The site is flat and vacant; the previously existing hotel was recently demolished. An ingress/egress easement is required to provide access to Parcel 2A across proposed Parcel 1A and/or 3A, from Atlantic Avenue or Pacific Avenue. Proposed Parcel 2A will be the site of the new Beach Club to be constructed prior to the hotel project. The Beach Club needs to be on a separate parcel due to financing requirements. 2 3 1 Zoning History # Request 1 CRZ Approved 12/10/2013 SVR Approved 12/10/2013 ALT Approved 12/20/2013 2 NON Approved 10/11/2005 3 CUP Approved 06/27/2000 4 NON Approved 03/09/1993 4 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 subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District Form-Based Code (FBC), which was approved on July 10, 2012 as part of the implementation of the recommendations of the Comprehensive Plan for this SGA. The Resort Area Strategic Page 2
Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in this area. The proposed subdivision variance will continue to allow the site to be development in a manner that is consistent with the objectives of RASAP. 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. Approval of this subdivision variance to create Parcel 2A will not be a detriment to adjacent properties or the character of the Oceanfront Resort District. This site is part of a unique major resort project and Parcel 2A needs to be created in order to meet financing requirements. The proposed subdivision will better accommodate development that meets the prescribed criteria of the Oceanfront Resort District Form-Based Code. For these reasons, staff recommends approval of the request for a Subdivision Variance subject to the conditions listed below. Recommended Conditions 1. The site shall be subdivided substantially as shown on the submitted exhibit titled, PRELIMINARY SUBDIVISION OF PARCEL 1, prepared by WPL, and dated September 28, 2015. 2. An ingress and egress easement benefitting proposed Parcel 2A by means of proposed Parcels 1A and/or 3A shall be included on the plat prior to being approved by the City of Virginia Beach Development Services Center 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 3
Proposed Subdivision Exhibit Page 4
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Disclosure Statement Page 7
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