Applicant/Property Owners Public Hearing March 9, 2016 Election District Princess Anne Agenda Item 5 Requests Floodplain Variance to Section 4.10.B.3 of the Floodplain Ordinance which prohibits residential dwelling structures in the Floodplain Subject to Special Restrictions on lots created after October 23, 2001. Subdivision Variance to Section 4.4 (b) of the Subdivision Regulation which requires that all lots must meet all requirements of the Zoning Ordinance. Staff Planner Jimmy McNamara Location 3236 Little Island Road GPIN 24324969350000 Site Size 1.291 acres AICUZ Less than 65 db DNL Existing Land Use and Zoning District Single-family dwelling / R-15 Residential Surrounding Land Uses and Zoning Districts North Little Island Road Single-family dwelling / R-15 Residential South North Bay East Single-family dwelling / R-15 Residential West North Bay Page 1
Background and Summary of Proposal The applicant is requesting a Floodplain and Subdivision Variance to create two lots from an existing 1.291-acre parcel. The proposed parcels are referred to as Parcel 28A and 27A on the submitted exhibit. Parcel 28A will encompass the western portion of the existing lot and will include the existing single-family dwelling. Parcel 27A will comprise the eastern-most portion of the existing lot and is proposed to be developed with a new two-story single-family dwelling. The subject site is located in Sandbridge, on a cul-de-sac at the end of the Little Island Road. The site is entirely within the AE floodplain, as designated by the FEMA Flood Insurance Rate Map. Additionally, the site is completely within the Floodplains Subject to Special Restrictions, as defined in Section 4.10 of the Floodplain Ordinance. Section 4.10.B.3 of the Floodplain Ordinance states Residential dwelling structures shall not be located within the Floodplains Subject to Special Restrictions on lots created after October 23, 2001. As such, Parcel 27A requires a Floodplain Variance in order to construct the proposed dwelling structure on the property. Back Bay borders the western and southern property lines. Section 7(c) of the Southern Rivers Watershed Management Ordinance prohibits development within fifty (50) feet of any wetland or shoreline on residentially zoned parcels created after March 24, 1992. The proposed fill on parcel 27A will require a variance, should the Floodplain and Subdivision Variances be approved. Prior to 1997, the 1.3-acre site was two separate parcels and a portion of a third 106-acre parcel. An interior lot line was vacated on March 13, 1997, combining two parcels into one 1.07-acre parcel. A plat was later recorded on December 22, 1997 that incorporated a portion of a third adjacent parcel into the subject site creating a lot with a total of 1.3 acres. The site, as currently configured, meets all the dimensional requirements of the R-15 Residential District set forth by the Zoning Ordinance and Design Standards set forth in the Subdivision Regulations. A Subdivision Variance to create Parcels 27A and 28A is requested because the entire land area of the proposed parcel is within the Floodplain Subject to Special Restrictions. The Zoning Ordinance does not allow property within this floodplain to count towards meeting either the lot area or lot width minimum requirements. While physically Parcel 28A will be 30,840 square feet and will have 122.34 feet of lot width, and Parcel 27A will be 25,395 square feet and have 76.72 feet of lot width, both parcels will technically have a lot area of zero and a lot width of zero due to the presence of the Floodplains Subject to Special Restrictions. Therefore, a Subdivision Variance is required for both lot area and lot width for both of the parcels. Required Lot 27A Lot 28A Lot Width in feet 1 100 0 due to floodplain 0 due to floodplain Lot Area in square feet 15,000 0 due to floodplain 0 due to floodplain 1 Lot width is measured at the required front yard, not at the right-of-way. Page 2
1 Zoning History # Request 1 CUP (Outdoor Recreation Facility) Approved 07/05/2011 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 in the Suburban Area, Suburban Focus Area (SFA) 6 Sandbridge Community. Sandbridge is a stable, low-density, single-family area. It is located on a barrier island and sandbar between the Atlantic Ocean and Back Bay and extends from the Navy s Dam Neck Fleet Combat Training Base on the north to False Cape State Park to the south. Retaining the existing, low-density neighborhood character of the Sandbridge Community is recommended. The Natural and Man-Made Hazards section of the Comprehensive Plan s Environmental Stewardship Framework addresses sea level rise and environmental hazards management. Land use recommendations for sea level rise include prohibiting construction in floodplains without acceptable mitigation, building on higher ground where it is less susceptible to sea level rise and making higher ground the prime focus of development (p. 7-13). Land use recommendations for Environmental Hazards Management include avoiding development inside floodplain areas and other similar low-lying areas (p. 7-14). Page 3
Natural and Cultural Resources Impacts The subject property is located within the Southern Rivers Watershed. Fill is proposed within the 50-foot Southern Rivers Watershed Buffer. A variance for land disturbance within the buffer will be required. In addition, the property is entirely within the AE flood zone and the Floodplains Subject to Special Restrictions. Section 4.10 of the Floodplain Ordinance prohibits new residential structures in the Floodplain Subject to Special Restrictions on lots recorded after October 23, 2001. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Little Island Road 2 10 ADT No data available Proposed Land Use 3-20 ADT 1 Average Daily Trips 2 as defined by single-family home 1 unit Public Utility Impacts 3 as defined by single-family home 2 units 4 LOS = Level of Service Water There is an existing four-inch City water line in Little Island Road. This site is currently connected to City water via an existing 5/8 inch meter. Each single-family parcel must be served with an exclusive tap and meter. Sewer There is an existing four-inch City vacuum sewer main in Little Island Road. The site is currently connected to City sewer. Each single-family parcel must be served with an exclusive lateral and cleanout. Evaluation and Recommendation FLOODPLAIN VARIANCE The purposes of the Floodplain Ordinance regulations include the prevention of loss of life and property and the unnecessary expenditure of public funds for flood relief. City Council adopted these regulations to protect individuals from buying land and structures or constructing structures that are unsuited for the intended purposes due to flood hazards. Section 4.10.B.3 of the City s Floodplain Ordinance prohibits residential dwelling structures located in the Floodplain Subject to Special Restrictions on lots created after October 23, 2001. This Floodplain Variance request is to allow the development of a single-family residential structure on a newly created lot, located entirely in the Floodplain Subject to Special Restrictions. This Floodplain Variance request is counter to the purpose and intent of the Floodplain Regulations. Page 4
Section 6.4 of the Floodplain Ordinance states: No variance shall be granted unless the following requirements are met: 1. Such variance will not create or result in: a. Unacceptable or prohibited increases in flood heights b. Additional threats to public safety c. Extraordinary public expense d. Nuisances; or e. Fraud or victimization of the public 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. Variances shall be the minimum necessary to provide relief. 6. All variances shall meet all of the requirements of the Chesapeake Bay Preservation Area Ordinance (Appendix F) and the Southern Rivers Watershed Management Ordinance (Appendix G), unless a variance therefrom is granted. In Staff s view, the requirements for granting a variance identified above are not met. The variance request does not meet four out of the six requirements, specifically items 3, 4, 5, and 6. In Staff s opinion, the circumstances giving rise to this variance request are of a general and recurring nature. Similar to the topography on the existing parcel, there are many low-lying parcels in the southern part of the City, located within the Floodplain Subject to Special Restrictions. Creating additional at-risk properties increases the potential damage to property due to flooding. If approved, there are many parcels that could also request similar variances for new lots with residential structures within this flood zone, likely jeopardizing the City s participation in Federal Emergency Management Administration s Flood Insurance Program. Staff believes that the variance request is due to the personal situation of the applicant rather than a result of a true hardship. The variance request is due to the personal preference of the applicant, who wishes to use the newly created property to construct a two-story dwelling for an elderly parent, rather than construct an addition to their existing dwelling, and not from the physical characteristics of the property as required by the Floodplain Ordinance. Staff does not believe the granting of this variance to build a new single-family dwelling is the minimum necessary to afford relief. As mentioned above, the applicant has the alternative of constructing an addition to the existing dwelling to accommodate additional living space needs. Lastly, the variance request for a new single-family home encroaches within the Southern Rivers Watershed Buffer and is inconsistent with many of the land use policies in the Environmental Stewardship Framework of the Comprehensive Plan, such as the prohibition of construction in floodplains without acceptable mitigation, the avoidance of developing inside the floodplain areas and other similar low-lying areas and building on higher ground that is less susceptible to sea level rise. Based on these factors, Staff recommends denial of the Floodplain Variance request. Page 5
SUBDIVISION VARIANCE Section 502 of the Zoning Ordinance requires any lots created in the R-15 Residential District have a minimum lot area of 15,000 square feet, and a minimum lot width of 100 feet. Section 200(c) of the Zoning Ordinance does not allow land located within the Floodplains Subject to Special Restrictions to be counted towards lot area and minimum lot width. Both newly proposed parcels will be entirely within the Floodplains Subject to Special Restrictions, and therefore require a Subdivision Variance to both lot area and minimum lot width. While physically Parcel 28A will be 30,840 square feet and will have 122.34 feet of lot width, and Parcel 27A will be 25,395 square feet and have 76.72 feet of lot width, both parcels will technically have a lot area of zero and a lot width of zero due to the presence of the Floodplains Subject to Special Restrictions. Section 9.3 of the Subdivision Regulations states: No variance shall be granted unless the following requirements are met: 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. Staff finds no undue hardship associated with the subject property, as the current parcel is completely within the Floodplains Subject to Special Restrictions as defined by Section 4.10.A of the Floodplain Ordinance. The subdividing of an existing parcel is of a general or recurring nature. This issue is a personal or self-inflicted hardship that cannot be considered as grounds for the issuance of a variance. While the applicant claims the changes to the City Zoning Ordinance in 1988 related to the lot width requirement (from 80 feet to a 100-foot minimum lot width) created a hardship for the owner to get the greatest and best use of his property, the argument has no basis as a hardship for the Subdivision Variance request as the applicant bought the property in 2007 at which time the site existed as one parcel. The existing parcel has a lot width of approximately 223 feet and a lot area of 1.291 acres. If not for the property s location entirely in the Floodplain Subject to Special Restrictions, two conforming lots could be created; however, the applicant s subdivision request still proposes the creation of a lot (27A) that is deficient in lot width by 23.28 feet regardless of its location in the Floodplain Subject to Special Restrictions. Based on the considerations above, Staff recommends denial of the variance request. 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 6
Existing Site Survey Page 7
Proposed Subdivision Plat 28 A 27 A Page 8
Proposed Layout of Lot 27A Page 9
Site Photos Page 10
Disclosure Statement Page 11
Disclosure Statement Page 12
Disclosure Statement Page 13
Disclosure Statement Page 14
Disclosure Statement Page 15
Disclosure Statement Page 16