Request Subdivision Variance (to Section 4.4 (b) of the Subdivision Regulations) Staff Planner Kevin Kemp

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Applicant Property Owner & Highland Parish Community Public Hearing July 13, 2016 City Council Election District Princess Anne Agenda Item 6 Request Subdivision Variance (to Section 4.4 (b) of the Subdivision Regulations) Staff Planner Kevin Kemp Location West side of Salem Road, 2283 Salem Road, 2279 Salem Road GPIN 1484044747, 1484050076, portion of 1484042876 Site Size 6.812 acres AICUZ Less than 65 db DNL Existing Land Use and Zoning District Undeveloped / R-15 Residential Surrounding Land Uses and Zoning Districts North Salem Road Single-family dwellings / R-15 Residential South Single-family dwellings / R-15 Residential (Open Space Promotion) East Single-family dwellings / R-15 Residential (Open Space Promotion) West Single-family dwellings / AG-1 Agricultural Page 1

Background and Summary of Proposal The subject 6.812 acre site, zoned R-15 Residential, is proposed to be developed with 13 lots. The lots will be developed with single-family dwellings. These lots will become part of the Highland Parish Homeowners Association. Access to the new development will be from Salem Road. The proposed layout depicts that 12 of the 13 lots will meet all dimensional requirements of the R-15 Zoning District, containing a minimum of 15,000 square feet of lot area and a minimum lot width of 100 feet. One lot (proposed Lot 10) requires a Subdivision Variance as it will have a reduced lot width of 22 feet, instead of 100 feet as required. The lot area is proposed as 23,025 square feet. The existing home at the rear of the 6.8-acre site will be relocated to Lot 10. A 0.751 acre portion of the site where the house is currently located will be conveyed to the Highland Parish Community for Open Space. A 0.096-acre portion of the existing Highland Parish Community s open space will be conveyed to the applicant. This area will accommodate a portion of Lot 10 and Lot 11. 1 2 3 4 Zoning History # Request 1 NON Approved 03/17/2015 MOD Approved 07/11/1995 CUP (Communication Tower) Approved 09/20/1984 CUP (Communication Tower) Approved 12/13/1982 2 MOD Approved 11/25/2014 MOD Approved 11/25/2014 CUP (Religious Use) Approved11/27/1990 CUP (Religious Use) Approved 01/09/1989 3 CUP (Open Space) Approved 09/10/2002 4 SVR Approved 05/09/2000 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 area of the City as 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. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood Page 2

commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. The site is undeveloped and mostly wooded. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 13,600 ADT 1 (LOS 4 C ) Salem Road 4,956 ADT 1 15,000 ADT 1 (LOS 4 2 Existing Land Use 0 ADT D ) Proposed Land Use 16,200 3-10 ADT ADT 1 (LOS 4 E ) 1 Average Daily Trips 2 as defined by a vacant parcel 3 as defined by one single-family dwelling 4 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Salem Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The MTP proposes a four-lane facility within a 145-foot right-of-way. Roadway CIP 2-507 is slated for this area for the construction of a four-lane divided roadway from Elbow Road to North Landing Road. The project will include landscaping, aesthetic enhancements, multi-use paths, and bike lanes. It will be funded as development creates the need for additional roadways. Currently, this project is on the City s requested but not funded project listing. Public Utility Impacts Water City water must be extended to serve each parcel of the proposed subdivision with an exclusive water service and meter box. There is an existing 12-inch City water main along Salem Road and an existing eight-inch City water main on Tartan Trail. Sewer City sewer must be extended to serve each parcel of the proposed subdivision with an exclusive sewer lateral. There is an existing eight-inch City sanitary sewer gravity main along Salem Road and an existing eight-inch City sanitary sewer gravity main on Tartan Trail. Evaluation and Recommendation This request involves a land swap of property between the applicant and the adjacent neighborhood of Highland Parish. The applicant is proposing to create 13 new lots, one of which (Lot 10) will contain a relocated dwelling that currently exists on the southern portion of the large, 6.8-acre site. As proposed, Lot 10 requires a Subdivision Variance, as the lot width along the right-of-way, Kyndle Kay, is depicted as 22 feet wide, which is 78 feet shy of the 100-foot minimum requirement. A 0.75-acre piece of property, where the existing home currently sits, will in turn be conveyed to the adjacent Highland Parish community for incorporation into their existing open space areas. Proposed Lot 10 exceeds the Page 3

minimum lot size by twice the 10,000 square foot requirement; however, it will be deficient in lot width, as mentioned above. In Staff s opinion, this request is consistent with the lot sizes and land uses in the vicinity, and provides increased area and better connected open space recreation opportunities for residents. Based on the considerations above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. When subdivided, Lot 10 shall be in substantial adherence to the submitted Site Plan entitled, VARIANCE EXHIBIT FOR KYNDLE CAY, LLC, SUBDIVISION OF KYNDLE CAY, VIRGINIA BEACH, VIRGINIA, dated April 29, 2016 and prepared by Maser Consulting P.A. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach 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 Page 5

Site Layout- Detail Page 6

Site Photos APPROXIMATE LOCATION PROPOSED LOT 10 (SUBDIVISION VARIANCE REQUESTED) EXISTING HOME TO BE ROLOCATED ONTO LOT 10 Page 7

Disclosure Statement Page 8

Disclosure Statement Page 9

Disclosure Statement Page 10

Disclosure Statement Page 11

Disclosure Statement Page 12

Disclosure Statement Page 13

Disclosure Statement Page 14