Applicant & Owner McLaren Investments, LLC Agenda Item ......Jul 08, 2020 · McLaren Investments, LLC Agenda Item 1 Page 1 . Applicant & Owner McLaren Investments, LLC Public Hearing

McLaren Investments, LLC Agenda Item 1

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Applicant & Owner McLaren Investments, LLC Public Hearing July 8, 2020

City Council Election District Kempsville

Request Subdivision Variance (Section 4.4(b) of the Subdivison Regulations) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 1129 Flobert Drive GPIN 1476106913 Site Size 39,998 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling / R-20 Residential Surrounding Land Uses and Zoning Districts North Single-family dwellings / R-20 Residential South Single-family dwellings / R-20 Residential East Flobert Drive Single-family dwellings / R-20 Residential West Single-family dwellings / R-20 Residential

Agenda Item 1


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• The site is currently developed with one single-family residence that was significantly damaged by fire.

• The applicant is seeking to deviate from the minimum lot area requirement of the R-20 Residental District pursuant to Section 4.4(b) of the Subdivision Regulations to subdivide the 39,998 square foot parcel into two lots for the construction of two single-family dwellings.

• The minimum lot area in the R-20 Residential District is 20,000 square feet. The existing parcel is shy by just two square feet of the required 40,000 square feet in order to subdivide the parcel into two lots by right.

REQUIRED LOT AREA (Sq. Ft.) PROPOSED LOT AREA (Sq. Ft.) LOT A 20,000 20,000 LOT B 20,000 19,998

No Zoning History to Report

Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

LUP – Land Use Plan STR – Short Term Rental

Section 9.3 of the Subdivision Regulation states that 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 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.

Background & Summary of Proposal

Evaluation & Recommendation


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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.

The proposed Lot A will meet the development standards of the R-20 Residential District. The variance necessary to create proposed Lot B since it is two square feet short of the minimum lot area requirement of 20,000 square feet due to the side property lines not being completely perpendicular to the front and rear property lines. Properties along this block of Flobert Avenue are comprised of ranch-style single-family dwellings with lot size that vary between 39,998 square feet to 19,892 square feet. The proposed renderings depict two-story, 2942 square foot, contemporary-style dwellings with brick and cement fiber board exteriors. While not in character with the ranch-style dwellings for this area, the proposed dwellings are typical for infill development and typical for lots of this size. The proposed exterior building materials are compatible within the surrounding area. In Staff’s opinion, the proposed subdivision meets the criteria of Section 9.3 of the Subdivision Regulations. The hardship exist due to the odd shape of the parcel, causing the lot area to be shy of two square feet. The approval of this variance will not cause adverse affect to the character of the neighborhood. In fact, four letters of support from the adjacent properties have been received by Staff at the time of this report. Similar variance requests have been granted when the deviation is extremely nominal. Staff finds the proposal to be compatible with the development pattern in the surrounding area and is recommending approval of the request subject to the conditions below.

1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit

entitled “SUBDIVISION OF PROPERTY OF MCLAREN INVESTMENTS, LLC,” dated June 22, 2020, and prepared by DKT Associates Land Surveyors. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein.

2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 6 of this Staff report entitled “ARCHITECTURAL EXHIBIT”, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Said exterior building façade materials shall consist of a minimum of 90 percent bricks that are compatible with the surrounding development.

3. When the property is developed, the residential dwellings constructed shall vary in size and shape.

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 approvals allowed by this application 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.

Recommended Conditions


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The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through a careful mix of land uses and compatible infill development, site and building design that is visually interesting, encourages greater social interaction and provides a memorable character, improved mobility, and promote sustainability and responsive action to changes in our environment.

The site is located in the Southern River watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There are no known significant cultural resources associated with the site.

Street Name Present Volume Present Capacity Generated Traffic

Flobert Drive No Data Available Existing Land Use 2 – 10 ADT Proposed Land Use 3 – 20 ADT

1 Average Daily Trips 2 as defined by 1 single-family dwelling

3 as defined for 2 single-family dwellings

4 LOS = Level of Service

Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Flobert Drive is considered a two-lane undivided local street. It is not included in the MTP and there is no CIP slated for this area.

Water & Sewer The subject property is served by City water and sanitary sewer services.

Planning Commission

• Four letters of support have been received by Staff.

• As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 8, 2020.

• As required by State Code, this item was advertised in the Virginia Pilot Beacon on Sundays, June 21, 2020 and June 28, 2020.

Comprehensive Plan Recommendations

Natural & Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts

Public Outreach Information


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• As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 22, 2020.

• This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.vbgov.com/pc on July 2, 2020.

http://www.vbgov.com/pc


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Proposed Subdivision Plan


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Proposed Dwelling Renderings


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Site Photos


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Disclosure Statement


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• Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council

public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days.

• Following City Council’s decision, the applicant will receive a decision letter from Staff.

• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074.

• If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610.

• Please note that 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 approvals allowed by this application 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.

Next Steps

Documents

Applicant & Owner McLaren Investments, LLC Agenda Item ......Jul 08, 2020 · McLaren Investments, LLC Agenda Item 1 Page 1 . Applicant & Owner McLaren Investments, LLC Public Hearing