Request Subdivision Variance to Sections 4.4 (b) & (d) of the Subdivision Regulations. Staff Planner Kevin Kemp

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Applicant Property Owner Rhae Adams, Jr. Public Hearing June 8, 2016 City Council Election District Lynnhaven Agenda Item 4 Request Subdivision Variance to Sections 4.4 (b) & (d) of the Subdivision Regulations. Staff Planner Kevin Kemp Location 221 75th Street GPIN 2419567897 Site Size 10,000 square feet AICUZ Less than 65 db DNL Existing Land Use and Zoning District Vacant Lot / R-5R (NE) Residential (North End Overlay) Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-5R (NE) Residential (North End Overlay) South Multi-family dwelling / R-5R (NE) Residential (North End Overlay) East Single-family dwelling / R-5R (NE) Residential (North End Overlay) West First Landing State Park / P-1 Preservation Page 1

Background and Summary of Proposal The subject 10,000 square-foot parcel was legally recorded by plat in 1972 with the City Clerk s office. The lot directly adjacent to the south is developed with a three-story, multi-family dwelling. As a matter of right, the applicant could construct a duplex on the parcel. Additionally, with the adoption of the North End Overlay District on November 17, 2015, the applicant has the ability to construct two single-family dwellings on the one parcel. The applicant wishes to subdivide the subject parcel into two, 5,000 square foot parcels for the purpose of constructing two, single-family dwelling, each on its own lot. The proposed subdivision line will run east to west. To subdivide this property, several variances to the Subdivision Regulations are required (listed below). o Proposed Lot A-1- Variance to Section 4.4 (b) to allow for a lot width of 20-feet, rather than 50 feet as required. o Proposed Lot A-2- Variance to Section 4.4 (b) to allow for a zero lot width, rather than 50 feet as required; Variance to Section 4.4 (d) to allow the lot to be accessed via a 20-foot ingress/egress easement across proposed Lot A-1, rather than directly onto a public street. Both 5,000 square-foot parcels will meet the lot area requirement for single-family dwellings in the R-5R Residential Zoning District of 5,000 square-feet. The proposed single-family dwellings will meet all setback, lot coverage, and impervious area coverage requirements. Unlike most of the streets adjacent to First Landing State Park in the North End, the terminus of 75 th street does not extend to the property line with the Park. The subject parcel is accessed via a 14-foot ingress/egress easement, seven-feet of which is located on the adjacent parcel. If the street extended to the eastern property line of the Park, the subject parcel could be subdivided as a matter of right, and developed with two singlefamily dwellings. Page 2

1 Zoning History # Request 1 SVR (Approved 09/25/2004) 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) 7 - North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42nd Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R-5R). Moreover, the North Beach area is characterized by a relatively high density of single-family/duplex housing, high impervious surface coverage and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization and the use of Best Management Practices (BMPs) for stormwater control. Improvement and reconstruction should use porous materials for driveways, walkways and other similar surfaces, where feasible, to achieve a net reduction of impervious coverage. Attractive and high quality materials capable of withstanding severe weather events should be used. (p. 3-24) Natural and Cultural Resources Impacts The site is located within the Atlantic Ocean, Small Coastal East watershed. The site is directly adjacent to First Landing State Park. All vegetation on the site has been removed. There do not appear to be any significant natural resources or cultural features associated with the site. Page 3

Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 75th Street No existing traffic No traffic data is available for Existing Land Use counts are available 10 ADT 1 this roadway Proposed Land Use for this roadway - 20 ADT 1 1 Average Daily Trips 2 as defined by one singlefamily dwelling 3 as defined by two single-family dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 75 th Street in the vicinity of this application is considered a two-lane undivided residential cul-de-sac street. The existing 19-foot wide roadway currently resides in a 40-foot right-of-way and terminates without the benefit of a public turnabout. 75 th Street is not included in the MTP. There are no CIP projects slated for this area. Public Utility Impacts Water The site currently connects to City water. There is an existing four-inch City water line on 75 th Street. The existing 5/8- inch meter (City ID #95079894) can be used or upgraded to accommodate the proposed development. Separate water service lines will be required for each lot. Sewer The site currently connects to City sanitary sewer. There is an existing eight-inch City gravity sanitary sewer main on 75 th Street. Separate sanitary sewer service lines will be required for each lot. Evaluation and Recommendation This Subdivision Variance is requested to allow the applicant to create two lots for the purpose of developing two singlefamily dwellings. The recently adopted North End Overlay gives the opportunity to develop two single-family dwellings on one site, provided certain design criteria are met; however, the applicant has decided to pursue the Subdivision variance so that each dwelling will be located on its own parcel. The submitted plan depicts a site layout that reflects the character of the surrounding neighborhood and is in compliance with all setback, height, lot coverage and impervious cover requirements of the Zoning Ordinance. As the terminus of 75 th Street does not extend the full length of the lot, the configuration of the existing lot presents a condition that is unique and not commonly shared with other properties in the area. Based on the considerations above, Staff recommends approval of this application, subject to the conditions listed below. Page 4

Recommended Conditions 1. When subdivided, the property shall be subdivided as shown on the submitted preliminary plat entitled PRELIMINARY SUBDIVSION PLAT, PROPSED LOTS A-1 & A-2, dated March 29, 2016, and prepared by Gallup Surveyors & Engineers, Ltd., 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. 2. When developed, the Property shall be developed in substantial conformity with the submitted site plan entitled RE-SUBDIVSION VARIANCE EXHIBIT 75 th STREET RESIDENCES for WALLER ENTERPRISES, dated February 23, 2016, and prepared by John Waller, AIA, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed, the single-family dwellings shall be developed in substantial conformity with the submitted building elevations entitled RE-SUBDIVSION VARIANCE EXHIBIT 75 th STREET RESIDENCES for WALLER ENTERPRISES, dated February 23, 2016, and prepared by John Waller, AIA, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. A 20-foot private ingress/egress, drainage, and utility easement shall be established across proposed Lot A-1 for proposed Lot A-2, as shown on the submitted exhibit entitled PRELIMINARY SUBDIVSION PLAT, PROPSED LOTS A-1 & A-2, dated March 29, 2016, and prepared by Gallup Surveyors & Engineers, Ltd. 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

Preliminary Subdivision Plat Page 6

Proposed Site Layout and Elevations 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

Disclosure Statement Page 14

Disclosure Statement Page 15