20140409-pln-cur-11-vaughan-cup - vbgov.com · 4/9/2014 · james e. & bethan s. vaughan...

JAMES E. & BETHAN S. VAUGHAN Agenda Item 11

11April 9, 2014 Public Hearing

APPLICANT:

JAMES E. & BETHANY S.

VAUGHANPROPERTY OWNER:

ROBERT P. VAUGHAN

STAFF PLANNER: Ray Odom

REQUESTS: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots have direct access to a public street Conditional Use Permit (Alternative Residential Development) ADDRESS / DESCRIPTION: 2348 Vaughan Road / terminus of Vaughan Road GPIN: 24012873740000

ELECTION DISTRICT: PRINCESS ANNE

SITE SIZE: 29.28 acres

AICUZ: <65 dB DNL

It is the intent of the applicants to create one new residential lot for a family member, and a Conditional Use Permit for Alternative Residential Development is being requested. This application technically consists of two parcels, an existing 29.28 acre parcel and an existing 28.99 acre parcel for a total of 58.27 acres. The 29.28 acre parcel contains an existing single family home, which is occupied by a family member, and a mobile home for a family member. This parcel will be subdivided to create the additional building lot. The 28.99 acre parcel, existing Parcel A-2, contains an existing single family home, which is also occupied by a family member. This parcel was granted a subdivision variance for not having frontage on a public street in 2004 and officially subdivided from the original 58.27 acre parcel in 2005. These parcels were created after June 28, 1994, when the current ordinance concerning residential density in the Agricultural Districts was adopted. Therefore, the one additional, by right, residential lot option has been utilized. Residential density must now be calculated based on soil types and include any residential parcels that were created from the original parcel after June 28, 1994.

BACKGROUND / DETAILS OF PROPOSAL


The subject parcels contain 20.82 acres of class I soils and 18.17 acres of class II soils. Based on one dwelling unit per every five acres of class I soils and one dwelling unit per every ten acres of class II soils, as permitted under alternative residential development, three additional new residential lots could be requested. The proposed new residential lot, Parcel A-3, will not front on a public street and a variance is required. The lot will total 18.98 acres. Access to the site will be via an existing gravel private roadway that serves a family member residing in the existing residence on existing Parcel A-2 and an existing residence at the end of the roadway. Each property owner utilizing the roadway has a separate ingress/egress easement. Access from the private roadway will be via a 20-foot ingress/egress/utility easement to be placed over the adjoining family member’s existing driveway. Approximately, two-thirds of the new residential site is forested and is in the floodplain. The cleared high ground is currently utilized as pasture for livestock. The proposed residence is being located to the rear of the high ground in the area of the best soils for the septic drainfield and where the residence would be less intrusive to the existing farming operation. Health Department approval has been obtained for the proposed lot.

EXISTING LAND USE: Single-family home / mobile home for a family member / pasture land SURROUNDING LAND USE AND ZONING:

North: Forested / AG-1 Agricultural District South: Single-family homes / pasture and cultivated fields / AG-1

and AG-2 Agricultural Districts East: Forested / AG-1 Agricultural District

West: Forested / AG-1 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: Portions of the site are forested and are in floodplain. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land with wide floodplains and altered drainage. It is a place that still contains working farms, farm related businesses, and limited non-residential areas along with some scattered housing sites. There is a significant presence of existing agriculture and rural-based economic activities in this part of Virginia Beach. The City’s Rural Preservation Plan policies seek to: preserve and promote the opportunity for continued agricultural production; recognize the rural character and the need to preserve its open space and scenic beauty; protect and sustain environmental resources for future generations; provide reasonable rural development opportunities; and, eliminate the need for urban infrastructure.

LAND USE AND COMPREHENSIVE PLAN


The applicants are requesting to create one new residential lot for a family member. The Comprehensive Plan’s Rural Development Guidelines recognize the rural character of the area and seek to preserve and promote the opportunity for continued agricultural production while providing reasonable rural development opportunities. In this case, the applicants are requesting one additional building site for a family member. The dwelling is being located to the rear of the high ground on the site in order to utilize the area of the best soils for the septic drainfield and where the residence would be less intrusive to the existing farming operation. Therefore, this request is in keeping with the Rural Development Guidelines of the Comprehensive Plan. Staff recommends approval of this request with the conditions below.

1. The subject site shall be platted and developed substantially in accordance with the submitted “Preliminary Subdivision Plat for the Subdivision of Property of Robert P. Vaughan and Karen G. Vaughan Being Residual Parcel”; dated December 20, 2013 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department.

2. The proposed access must be constructed and maintained to accommodate 75,000 pounds of imposed vehicle loading in order to support a fire apparatus. A vertical clearance of 13 feet 6 inches must be maintained over the access.

3. A private access easement shall be place over the shared portion of the existing private roadway and driveway for the benefit of Parcel A-3.

NOTE: 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.

EVALUATION AND RECOMMENDATION

CONDITIONS


AERIAL OF SITE LOCATION


PROPOSED SUBDIVISION AND DEVELOPMENT PLAN


ZONING HISTORY

# DATE REQUEST ACTION 1 05/28/2013 Subdivision Variance (no direct access to a public street and minimum

lot area due to the floodplain) Approved

2 11/22/2011 Subdivision Variance (no direct access to a public street) Approved 3 08/24/2004 Subdivision Variance (no direct access to a public street) Approved

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DISCLOSURE STATEMENT

20140409-pln-cur-11-vaughan-cup - vbgov.com · 4/9/2014 · james e. & bethan s. vaughan...

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