City Council - Formal Session

CITY OF VIRGINIA BEACH “COMMUNITY FOR A LIFETIME” CITY COUNCIL MAYOR ROBERT M. "BOBBY" DYER - Mayor ROSEMARY C. WILSON - Vice Mayor District 5 MICHAEL F. BERLUCCHI - District 3 BARBARA M. HENLEY - District 2 DAVID HUTCHESON - District 1 ROBERT W. "WORTH" REMICK - District 6 DR. AMELIA N. ROSS-HAMMOND - District 4 JENNIFER ROUSE - District 10 JOASHUA F. "JOASH" SCHULMAN - District 9 CHRIS TAYLOR - District 8 SABRINA D. WOOTEN - District 7 CITY HALL BUILDING CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER – PATRICK A. DUHANEY PHONE: (757)-385-4303 CITY ATTORNEY – MARK D. STILES February 20, 2024 FAX (757) 385-5669 CITY ASSESSOR – SUE CUNNINGHAM CITY AUDITOR – LYNDON S. REMIAS EMAIL: CITYCOUNCIL@vbgov.com CITY CLERK – AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -CONFERENCE ROOM- 1:00 PM A. 2024 GENERAL ASSEMBLY UPDATE Brent McKenzie, Legislative Affairs Liaison B. PIN MINISTRY SERVICES 1:30 PM Dallas Stamper, Executive Director (Requested by Council Members Remick, Rouse and Wooten) II. CITY MANAGER'S BRIEFINGS A. WASTE MANAGEMENT / SPSA / RECYCLING UPDATE 2:00 PM L.J. Hansen, Director – Public Works B. COLLECTIVE BARGAINING UPDATE 2:45 PM Stacy Hawks, Co-Director – Human Resources III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:30 PM IV. CITY COUNCIL AGENDA REVIEW 3:45 PM V. INFORMAL SESSION - CONFERENCE ROOM- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1. Motion to Recess to Closed Session VI. FORMAL SESSION - CITY COUNCIL CHAMBER - 6:00 PM A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION 1. Certify Closed Session G. MINUTES 1. INFORMAL and FORMAL SESSIONS February 6, 2024 H. MAYOR'S PRESENTATION 1. AFRICAN AMERICAN HERITAGE MONTH PROCLAMATION Earnest Gregory – Union Kempsville I. BID OPENING 1. MANAGEMENT OF CITY PROPERTY 2044 Landstown Centre Way J. PUBLIC HEARING 1. DECLARATION AND SALE OF EXCESS CITY PROPERTY Located at the intersection of Ferry Point Road and Indian River Road K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTION Ordinance to TRANSFER $25,000 from the General Fund Reserve for Contingencies to the FY2023-24 Department of Cultural Affairs Operating Budget and PROVIDE a grant not to exceed $25,000 to the Virginia Beach Police Foundation re capital repairs to the Law Enforcement Memorial (Requested by Mayor Dyer) Ordinance to AMEND the Advertising Advisory Committee membership (Requested by Vice Mayor Wilson and Council Members Remick and Ross-Hammond) Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agricultural Reserve Program Easements Ordinance to AUTHORIZE the release from escrow to VB One, L.P. of interest collected on a HOME Program Loan re acquisition and rehabilitation of the Pine Oak Apartments Ordinance to ESTABLISH Capital Project #100670, “Voter Registrar Facility”; APPROPRIATE and TRANSFER $3,188,258 from the General Fund Balance; TRANSFER $11.5-Million from the General Fund Debt Service; and TRANSFER $2,561,742 from the American Rescue Plan Act Appropriation (ARPAA) re acquire property and buildout of 500 Studio Drive for the Office of Voter Registration and Elections Operations  Ordinance to APPROPRIATE $719,000 of Fund Balance from the School Site Landscaping Internal Service Fund to the FY2023-24 Parks and Recreation Operating Budget re replacement of equipment and vehicles Ordinance to ACCEPT and APPROPRIATE $50,000 from the Virginia Department of Health to the Consolidated Grant Fund re costs to replace lead water service lines Ordinance to ACCEPT and APPROPRIATE $16,800 from the Virginia Department of Forestry to the FY 2023-24 Parks and Recreation Operating Budget and to AUTHORIZE an In-Kind Grant Match within the Parks and Recreation Operating Budget re tree pruning Ordinance to ACCEPT and APPROPRIATE $4,380 from the Virginia Department of Motor Vehicles to the FY2023-24 Police Department Operating Budget and AUTHORIZE a local grant match re training in pedestrian and bicycle crash investigations Ordinance to TRANSFER funds within the FY2023-24 Department of Public Utilities Operating Budget re Water Services Contract and Raw Water Sales Agreement Ordinance to TRANSFER $360,751 from the General Fund to the FY2023-24 Department of Public Health Operating Budget re meet the City’s required contributions to the FY2023-24 Local Government Agreement M. PLANNING WADE W. BELL for a Variance to Section 4.4(b) of the Subdivision Regulations re reduce and reconfigure four (4) lots into three (3) lots at 3957, 3961, 3969 Dawley Road and parcel between 3957 & 3961 Dawley Road DISTRICT 2 BARBARA C. DUFF AND HOYT L. DUFF, II for a Street Closure re approximately 5,751 square feet of an unnamed, unimproved right-of-way adjacent to 2325 Virginia Beach Boulevard DISTRICT 3 VIRGINIA BEACH AVA RE, LLC for a Street Closure re approximately 813 square feet of an unnamed, unimproved right-of-way adjacent to 2375 Virginia Beach Boulevard DISTRICT 3 EVERGREEN VIRGINIA L.L.C. for a Street Closure re approximately 2,854 square foot portion of North Lynnhaven Road adjacent to 2865 Virginia Beach Boulevard DISTRICT 3 CAR SPA VIRGINIA BEACH I, LLC for a Modification of Conditions to a Conditional Use Permit re car wash facility expansion at 3282 Holland Road DISTRICT 3 C THE JEMS, LLC / JONATHAN PROPERTIES, LLC for a Modification of Proffers to a Conditional Rezoning and a Conditional Use Permit re bulk storage yard – tow at 2625 Horse Pasture Road DISTRICT 5 CITY OF VIRGINIA BEACH for a Change of Zoning from R-7.5 Residential to P-1 Preservation re neighborhood park at 4549 Revere Drive DISTRICT 1 THE LAB COMMERCIAL KITCHEN, LLC / BONNEY BROTHERS CORPORATION for a Conditional Use Permit re bulk storage yard at 405 South Witchduck Road DISTRICT 1 ANNA JEAN SALON AND BOUTIQUE, LLC / ROGERS PROPERTIES, LLC for a Conditional Use Permit re tattoo parlor at 1637 Independence Boulevard, Suites A & B DISTRICT 9 ALLIENA WESTLEIGH / SAW CONTRACTING, INC for a Conditional Use Permit re residential kennel at 5205 Shore Drive DISTRICT 9 (Deferred from January 16, 2024) N. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE STORMWATER APPEALS BOARD TRANSITION AREA/ INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT ******************************** If you are physically disabled or visually impaired  and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************  6.I.1 Packet Pg. 6 Communication: MANAGEMENT OF CITY PROPERTY (BID OPENING)  6.I.1 Packet Pg. 7 Communication: MANAGEMENT OF CITY PROPERTY (BID OPENING)  6.J.1 Packet Pg. 8 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 9 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 10 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 11 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 12 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 13 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 14 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 15 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 16 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 17 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 18 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 19 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 20 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 21 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 22 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.J.1 Packet Pg. 23 Communication: DECLARATION AND SALE OF EXCESS CITY PROPERTY (PUBLIC HEARING)  6.L.a Packet Pg. 24 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 25 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 26 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 27 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 28 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 29 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 30 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 31 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 32 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 33 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 34 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 35 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 36 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 37 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Packet Pg. 38 Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And To  6.L.a Attachment: Ordinance To Transfer $25,000 From The General Fund Reserve For Contingencies To The Department Of Cultural Affairs And D I S C L O S U R E S T A T E M E N T FORM The c o m p l e t i o n a n d s u b m i s s i o n o f t h i s f o r m is r e q u i r e d f o r all a p p l i c a t i o n s w h e r e i n s u c h a p p l i c a n t m a y utilize c e r t a i n s e r v i c e p r o v i d e r s o r f i n a n c i a l i n s t i t u t i o n s , a n d t h e City s e e k s to k n o w o f t h e e x i s t e n c e o f s u c h r e l a t i o n s h i p s in a d v a n c e o f any v o t e u p o n s u c h a p p l i c a t i o n . SECTION 1 / A P P L I C A N T DISCLOSURE Organization name: Vircorel B e g ch Kehoe F a d a r i o n SECTION 2. SERVICES DISCLOSURE Are any o f the following services being provided in connection with the applicant? If the a n s w e r to any item is YES, please identify the firm or individual providing the service: SERVICE P R O V I D E R (use additional sheets if needed) A c c o u n t i n g and/or preparer of your Wilhare Bicuv xe, CA tax return Financial Services (include lending/banking institutions and Tove B a e c u r r e n t m o r t g a g e h o l d e r s as Kaueeran ¥ Carols Legal S e r v i c e s O'Brien e r a l Broker/Contractor/Engineer/Other Service Providers (wel seryoces CERTIFICATION: | certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. | understand 1! am responsible for updating the information provided herein if it changes prior to the Council a upon this S p ncaton: L i f e Z V tdaens, de Panssloreze YPRINTN NAME AME. 7 S |}D A T E Packet Pg. 39  6.L.a Packet Pg. 40 Attachment: Ordinance To Amend The Membership Of The Advertising Advisory Committee (requested by Vice-Mayor Wilson and  6.L.a Packet Pg. 41 Attachment: Ordinance To Amend The Membership Of The Advertising Advisory Committee (requested by Vice-Mayor Wilson and  6.L.a Packet Pg. 42 Attachment: Ordinance To Amend The Membership Of The Advertising Advisory Committee (requested by Vice-Mayor Wilson and  6.L.a Packet Pg. 43 Attachment: Ordinance To Amend The Membership Of The Advertising Advisory Committee (requested by Vice-Mayor Wilson and  6.L.a Packet Pg. 44 Attachment: Resolution Authorizing and Directing the City Manager to Execute and Intergovernmental Agreement Between the Virginia  6.L.a Packet Pg. 45 Attachment: Resolution Authorizing and Directing the City Manager to Execute and Intergovernmental Agreement Between the Virginia  6.L.a Packet Pg. 46 Attachment: Resolution Authorizing and Directing the City Manager to Execute and Intergovernmental Agreement Between the Virginia  6.L.a Packet Pg. 47 Attachment: Resolution Authorizing and Directing the City Manager to Execute and Intergovernmental Agreement Between the Virginia  6.L.a Packet Pg. 48 Attachment: Resolution Authorizing and Directing the City Manager to Execute and Intergovernmental Agreement Between the Virginia  6.L.a Packet Pg. 49 Attachment: Resolution Authorizing and Directing the City Manager to Execute and Intergovernmental Agreement Between the Virginia  6.L.a Packet Pg. 50 Attachment: Ordinance Authorizing the Release from Escrow to VB One, L.P. of Interest Collected on a HOME Program Loan (3695 : Ordinance  6.L.a Packet Pg. 51 Attachment: Ordinance Authorizing the Release from Escrow to VB One, L.P. of Interest Collected on a HOME Program Loan (3695 : Ordinance  6.L.a Packet Pg. 52 Attachment: Ordinance Authorizing the Release from Escrow to VB One, L.P. of Interest Collected on a HOME Program Loan (3695 : Ordinance  6.L.a Packet Pg. 53 Attachment: Ordinance Authorizing the Release from Escrow to VB One, L.P. of Interest Collected on a HOME Program Loan (3695 : Ordinance  6.L.a Packet Pg. 54 Attachment: Ordinance Authorizing the Release from Escrow to VB One, L.P. of Interest Collected on a HOME Program Loan (3695 : Ordinance  6.L.a Packet Pg. 55 Attachment: Ordinance Authorizing the Release from Escrow to VB One, L.P. of Interest Collected on a HOME Program Loan (3695 : Ordinance  6.L.a Packet Pg. 56 Attachment: Ordinance Authorizing the Release from Escrow to VB One, L.P. of Interest Collected on a HOME Program Loan (3695 : Ordinance  6.L.a Packet Pg. 57 Attachment: Ordinance To 1) Establish Capital Project #100670, “Voter Registrar Facility,” 2) Appropriate And Transfer $3,188,258 From The  6.L.a Packet Pg. 58 Attachment: Ordinance To 1) Establish Capital Project #100670, “Voter Registrar Facility,” 2) Appropriate And Transfer $3,188,258 From The  6.L.a Packet Pg. 59 Attachment: Ordinance To 1) Establish Capital Project #100670, “Voter Registrar Facility,” 2) Appropriate And Transfer $3,188,258 From The  6.L.a Packet Pg. 60 Attachment: Ordinance To 1) Establish Capital Project #100670, “Voter Registrar Facility,” 2) Appropriate And Transfer $3,188,258 From The  6.L.a Packet Pg. 61 Attachment: Ordinance To Appropriate $719,000 Of Fund Balance From The Landscaping Internal Service Fund For The Purchase Of Equipment  6.L.a Packet Pg. 62 Attachment: Ordinance To Appropriate $719,000 Of Fund Balance From The Landscaping Internal Service Fund For The Purchase Of Equipment  6.L.a Packet Pg. 63 Attachment: Ordinance To Accept And Appropriate Grant Funds To Support Safe Drinking Water (3689 : Ordinance To Accept And Appropriate  6.L.a Packet Pg. 64 Attachment: Ordinance To Accept And Appropriate Grant Funds To Support Safe Drinking Water (3689 : Ordinance To Accept And Appropriate  6.L.a Packet Pg. 65 Attachment: Ordinance To Accept And Appropriate Grant Funds For Tree Pruning And To Authorize An In-Kind Grant Match (3693 : Ordinance  6.L.a Packet Pg. 66 Attachment: Ordinance To Accept And Appropriate Grant Funds For Tree Pruning And To Authorize An In-Kind Grant Match (3693 : Ordinance  6.L.a Packet Pg. 67 Attachment: Ordinance To Accept And Appropriate Grant Funds For Police Training And To Authorize A Local Match (3694 : Ordinance To  6.L.a Packet Pg. 68 Attachment: Ordinance To Accept And Appropriate Grant Funds For Police Training And To Authorize A Local Match (3694 : Ordinance To  6.L.a Packet Pg. 69 Attachment: Ordinance To Transfer Funds Within The Department Of Public Utilities For The Water Services Contract And Raw Water Sales  6.L.a Packet Pg. 70 Attachment: Ordinance To Transfer Funds Within The Department Of Public Utilities For The Water Services Contract And Raw Water Sales  6.L.a Packet Pg. 71 Attachment: Ordinance To Transfer $360,751 Within The General Fund To Meet Obligations Established In The Department Of Public Health’s  6.L.a Packet Pg. 72 Attachment: Ordinance To Transfer $360,751 Within The General Fund To Meet Obligations Established In The Department Of Public Health’s  WADE W. BELL FOR A VARIANCE TO SECTION 4.4(B) OF THE SUBDIVISION REGULATIONS RE REDUCE AND RECONFIGURE FOUR (4) LOTS INTO THREE (3) LOTS AT 3957, 3961, 3969 DAWLEY ROAD AND PARCEL BETWEEN 3957 & 3961 DAWLEY ROAD DISTRICT 2 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 73  6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 3957, 3961, 3969 Dawley Road and parcel between 3957 & 3961 Dawley Road (GPINs 2411278385, 2411277361, 2411278241, 2411278120). COUNCIL DISTRICT 2 MEETING DATE: February 20, 2024  Background: The applicant seeks to reduce and reconfigure four (4) lots, that were improperly created by deed between 1955 and 1974, into three (3) lots. All four existing lots are substandard with regards to the dimensional requirements for property zoned AG-2 Agricultural District. While the proposed three lots will remain substandard in lot area, lot width, street line frontage, and side yard setback for properties zoned AG-2 Agricultural District, the proposed reconfiguration of these lots will improve the degree of non-conformity.  Considerations: It was common practice in the past for property owners to deed a small portion of their land to a family member, which was the case in this instance. Two of the four lots have been developed with single-family dwellings since 1940. Once reconfigured, the proposed lots will be similar in size and shape to the lots immediately to the north and south of this site. The applicant resides on one of the proposed lots and intends to sell the other two for development of single-family dwellings. Conditions are recommended to ensure newly constructed dwellings will contain architectural design elements that are recommended in the Rural Area Design Guidelines as well as the requirement for a vegetative buffer between residential structures and the abutting agricultural operations to the west. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached staff report. There is no known opposition to this request.  Recommendation: On January 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. Packet Pg. 74  6.M.a Wade W. Bell Page 2 of 2 Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the 1. When redeveloped, a maximum of one (1) dwelling unit shall be permitted on each lot. The architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines. 2. Construction of new single-family dwellings shall meet the minimum required building setbacks on each lot. 3. Approval from the Virginia Beach Department of Public Health Department shall be required for development on each lot. 4. The 50-foot wide, vegetative buffer set forth in the Rural Area Development Guidelines of the Comprehensive Plan shall be required along property lines abutting agricultural operations. 5. A subdivision plat shall be required to be recorded prior to release of the first building permit. The lots shall be in substantial conformance with the conceptual subdivision plan entitled “Re-Subdivision Exhibit of Property Owned by Wade W. Bell”, dated October 23, 2023, and prepared by Parrish Layne Design Group, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and are incorporated herein by this reference.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 75  6.M.a Applicant & Property Owner Wade W. Bell Agenda Item Planning Commission Public Hearing January 10, 2024 (Deferred Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the December 13, 2023) City Council District 2 6 Request Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 3957, 3961, 3969 Dawley Road, parcel between 3957 & 3961 Dawley Road GPINs 2411278385, 2411277361, 2411278241, 2411278120 Site Size 1.52 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling, vacant lots / AG-2 Agricultural Surrounding Land Uses and Zoning Districts North Single-family dwelling / AG-2 Agricultural South Single-family dwelling / AG-2 Agricultural East Dawley Road Single-family dwellings / AG-2 Agricultural West Cultivated field / AG-2 Agricultural Wade W. Bell Agenda Item 6 Page Packet Pg.176  6.M.a Background & Summary of Proposal Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the • This request was deferred on the December 13, 2023 Planning Commission public hearing to allow the applicant and the adjoining western property owner to discuss the potential of an alternative subdivision layout that would provide access to the western parcel. Staff has since been informed that the adjoining property owner will pursue alternative methods for access to their site and as such there is no change to the subdivision layout as proposed. • The applicant seeks to reduce and reconfigure four (4) lots that were improperly created by deed between 1955 and 1974 into three (3) lots. All four existing lots are substandard with regards to the dimensional requirements for property zoned AG-2 Agricultural District. As the lots were deeded after the adoption of the Princess Anne County Subdivision Ordinance in 1953 which required lots be subdivided via recorded plat, a Subdivision Variance is required. • History: Existing Lot GPIN Deeded (Yr) Structure (Yr) Lot A 2411-27-8385 1955 Single-Family Dwelling (1940) Lot B 2411-27-8241 1958 Single-Family Dwelling (1940) Lot C 2411-27-8120 1956 No Record Found Lot D 2411-27-7361 1974 No Record Found • Dimensional Standards: Existing Lot Existing Lot Area Existing Lot Existing Street Existing Side Existing Rear (sq. ft.) Width (ft) Line Frontage (ft) Yard (ft) Yard (ft) Lot A 7,360 64 64 0 8.89 Lot B 10,821.45 94.78 68.47 0 18.59 Lot C 12,402.54 115.92 140.26 n/a n/a Lot D 34,240.72 68.58 68.58 n/a n/a Proposed Lot Proposed Lot Area Proposed Lot Proposed Street Proposed Side Proposed Rear (sq. ft.) Width (ft) Line Frontage (ft) Yard (ft) Yard (ft) Lot 3 26,192 * 113.94 * 113.94 * 0* 136.63 Lot 2 24,459 * 113.94 * 113.94 * 17.83 * 130.50 Lot 1 15,659 * 115.92 * 113.95 * n/a n/a For Single- Required Lot Area Required Lot Required Street Required Side Required Rear Family in AG-2 (sq. ft.) Width (ft) Line Frontage (ft) Yard (ft) Yard (ft) 43,650 150 120 20 20 * Variance Requested • While the proposed three lots will remain substandard in lot area, lot width, street line frontage, and side yard setback for properties zoned AG-2 Agricultural District, the proposed reconfiguration of these lots will improve the degree of non-conformity. Wade W. Bell Agenda Item 6 Page Packet Pg.277  6.M.a • The applicant currently resides on Lot A (proposed Lot 3) and intends to sell proposed Lots 1 and 2 to be developed with single-family dwellings. Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the • The proposed subdivision exhibit shows a 10-foot wide right-of-way dedication along Dawley Road. 1 2 Zoning History # Request 1 CUP (Horse Riding Academy) Approved 04/22/2008 2 CUP (Horse Riding Academy) Approved 08/09/2005 CUP (Boarding Horses) Approved 10/24/1995 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The request to reconfigure four non-conforming lots to make three lots that are more conforming with regards to lot area, lot width, street line frontage, and building setback, is, in Staff’s opinion, acceptable. It was common practice in the past for property owners to deed a small portion of their land to a family member, which was the case in this instance. These lots are owned by the Bell family and two of the four lots have been developed with single-family dwellings since 1940. Once reconfigured, the proposed lots will be similar in size and shape to the lots immediately to the north and south of this site. Section 9.3 of the Subdivision Regulations indicates that City Council shall not approve a Subdivision Variance unless specific findings can be made. A brief analysis of each required finding is provided below. No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. Staff Analysis: These properties are substandard and were established after the adoption of the Subdivision Regulations. However, they were developed with single-family dwellings in the 1940’s, prior to the adoption of the Subdivision Regulations. 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. Staff Analysis: The surrounding area consists of single-family dwellings. The proposed single-family developments would not be detrimental or adversely affect the character of the area as it will continue the established pattern of development. Wade W. Bell Agenda Item 6 Page Packet Pg.378  6.M.a 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. Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Staff Analysis: The proposal is not recurring in nature; an amendment to the Ordinance is not required. 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. Staff Analysis: The hardship is not self-inflicted. These properties were deeded by previous property owners and the proposed reconfiguration of these lots will make them more conforming. 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 Analysis: The hardship is created by the requirements of the Ordinance. The four existing lots are substandard in lot area, lot width, street line frontage, and building setbacks. The proposed reconfiguration will reduce the number of lots to three and make all lots more conforming in dimensional standards for properties zoned AG-2 Residential District. The Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan recommend a minimum 50-foot wide, vegetative buffer be installed between proposed residential structures and abutting agricultural operations. As there is active cultivation operation on the adjacent western parcel at this time, it is recommended that this buffer be required. Staff also recommends a condition that requires the newly constructed dwelling to contain some elements of the architectural design that are consistent with the recommendations in the Rural Area Design Guidelines, such as a front porch, pitched roof lines, board and batten siding, and a side-loading garage. Based on these considerations, Staff recommends approval of the request subject to the conditions and deviation as noted. Recommended Conditions 1. When redeveloped, a maximum of one (1) dwelling unit shall be permitted on each lot. The architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines. 2. Construction of new single-family dwellings shall meet the minimum required building setbacks on each lot. 3. Approval from the Virginia Beach Department of Public Health Department shall be required for development on each lot. 4. The 50-foot wide, vegetative buffer set forth in the Rural Area Development Guidelines of the Comprehensive Plan shall be required along property lines abutting agricultural operations. 5. A subdivision plat shall be required to be recorded prior to release of the first building permit. The lots shall be in substantial conformance with the conceptual subdivision plan entitled “Re-Subdivision Exhibit of Property Owned by Wade W. Bell”, dated October 23, 2023, and prepared by Parrish Layne Design Group, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. 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 Wade W. Bell Agenda Item 6 Page Packet Pg.479  6.M.a 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 Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the 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. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Rural Area. The Rural Area is located in the southern half of the city, south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural-related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. It is an important objective to protect and sustain all of our valuable environmental, scenic, and agricultural resources against inappropriate activities and intense growth. Successful rural residential developments do not dominate, but rather, complement the setting and showcase the attractiveness of the natural surrounding countryside. Natural & Cultural Resources Impacts The site is located in the Southern Rivers 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 does not appear to be any significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 – 10 ADT Dawley Road No Data Available No Data Available Proposed Land Use 3 – 30 ADT 1 Average Daily Trips 2 as defined by a single-family 3 4 as defined by three single-family LOS = Level of Service dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Dawley Road is considered a two-lane rural roadway. There is no CIP project slated for this roadway. Public Utility Impacts Water & Sewer City water & sanitary sewer service is not available for connection. The proposed lots will be required to obtain approval from the Department of Public Health for well water and on-site septic system. Wade W. Bell Agenda Item 6 Page Packet Pg.580  6.M.a Public Outreach Information Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 11, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 2023. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.virginiabeach.gov/pc on January 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council’s public hearing on February 5, 2024 • The City Clerk’s Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on February 16, 2024. Wade W. Bell Agenda Item 6 Page Packet Pg.681  Existing Configuration Wade W. Bell Agenda Item 6 Page Packet Pg.782 6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the  Proposed Reconfiguration Wade W. Bell Agenda Item 6 Page Packet Pg.883 6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the  Site Photos Wade W. Bell Agenda Item 6 Page Packet Pg.984 6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the  Site Photos Wade W. Bell Agenda Item 6 Page Packet Pg. 1085 6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the  Disclosure Statement Wade W. Bell Agenda Item 6 Page Packet Pg. 1186 6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the  Disclosure Statement Wade W. Bell Agenda Item 6 Page Packet Pg. 1287 6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the  Disclosure Statement Wade W. Bell Agenda Item 6 Page Packet Pg. 1388 6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the  6.M.a Next Steps Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the • 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 757-385-5692. • 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. Wade W. Bell Agenda Item 6 Page Packet 1489 Pg.  6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] AG2 oad AG2 AG2 ley R AG2 AG2 Daw AG2 Site Property_Polygons Zoning Wade W. Bell 3957, 3961, 3969 Dawley Road, & parcel between 3957 & 3961 Dawley Road µ Feet 0 15 30 60 90 120 Packet 150 Pg. 18090 Building  6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Item # 6 Wade W Bell RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Application number six Wade Bell. Mr. Bell here today? Mr. Bell: Good afternoon. Ms. Cuellar: Could you please state your name for the record? Mr. Bell: Wade Bell. Ms. Cuellar: Thank you, and are the conditions acceptable to you? Mr. Bell: Yes, ma'am, it is. Ms. Cuellar: Thank you very much. You may be seated. Mr. Bell: Thank you. Ms. Cuellar: Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Clemons to read this item into the record. Mr. Clemons: Thank you. This request was deferred on December 13th, 2023, Planning Commission public hearing to allow the applicant and the adjoining western property owner to discuss the potential of an alternative subdivision layout that would provide access to the western parcel. Staff has since been informed that the adjoining property owner will pursue alternative methods for access to their site. The applicant seeks to reduce and reconfigure four lots that were improperly created by deed between 1955 and 1974 into three lots. All four existing lots of substandard with regard to the dimensional requirements for the property zone AG-2 agricultural district. As the lots were deeded after the adoption of the Princess Anne County, subdivision ordinance in 1953, which required lots to be subdivided by recorded plat, a subdivision variance is required. While the proposed three lots will remain substandard in lot area, lot width, street line frontage, and side setback for properties AG-2, the proposed reconfiguration of these lots will improve the degree of nonconformity. Based on these considerations, staff recommended the approval of the request and the commission relegated this to the consent agenda. Packet Pg. 91  6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it’s your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons: Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Packet Pg. 92  6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1, 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. When redeveloped, a maximum of one (1) dwelling unit shall be permitted on each lot. The architectural design of any new dwelling shall reflect the recommendations found in the Rural Area Design Guidelines. 2. Construction of new single-family dwellings shall meet the minimum required building setbacks on each lot. 3. Approval from the Virginia Beach Department of Public Health Department shall be required for development on each lot. 4. The 50-foot wide, vegetative buffer set forth in the Rural Area Development Guidelines of the Comprehensive Plan shall be required along property lines abutting agricultural operations. 5. A subdivision plat shall be required to be recorded prior to release of the first building permit. The lots shall be in substantial conformance with the conceptual subdivision plan entitled “Re- Subdivision Exhibit of Property Owned by Wade W. Bell”, dated October 23, 2023, and prepared by Parrish Layne Design Group, a copy of which has been exhibited to the Virginia Packet Pg. 93  6.M.a Attachment: PLA - Wade W Bell (COMBINED) (3706 : WADE W. BELL [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Beach City Council and is on file with the Virginia Beach Department of Planning and are incorporated herein by this reference. Packet Pg. 94  BARBARA C. DUFF AND HOYT L. DUFF, II FOR A STREET CLOSURE RE APPROXIMATELY 5,751 SQUARE FEET OF AN UNNAMED, UNIMPROVED RIGHT-OF-WAY ADJACENT TO 2325 VIRGINIA BEACH BOULEVARD DISTRICT 3 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 95  6.M.a Packet Pg. 96 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 97 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 98 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 99 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 100 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 101 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 102 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 103 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 104 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 105 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 106 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 107 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 108 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 109 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 110 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 111 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 112 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 113 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 114 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 115 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 116 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 117 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 118 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 119 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  6.M.a Packet Pg. 120 Attachment: PLA - Ordinance Approving Application of Barbara C. Duff and Hoyt L. Duff, II for the Closure of Approximately 5,751 Sq. Ft. Of an  VIRGINIA BEACH AVA RE, LLC FOR A STREET CLOSURE RE APPROXIMATELY 813 SQUARE FEET OF AN UNNAMED, UNIMPROVED RIGHT-OF-WAY ADJACENT TO 2375 VIRGINIA BEACH BOULEVARD DISTRICT 3 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 121  6.M.a Packet Pg. 122 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. Of an  6.M.a Packet Pg. 123 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. Of an  6.M.a Packet Pg. 124 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. Of an  6.M.a Packet Pg. 125 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. 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Of an  6.M.a Packet Pg. 138 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. Of an  6.M.a Packet Pg. 139 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. Of an  6.M.a Packet Pg. 140 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. Of an  6.M.a Packet Pg. 141 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. Of an  6.M.a Packet Pg. 142 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. Of an  6.M.a Packet Pg. 143 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. Of an  6.M.a Packet Pg. 144 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. Of an  6.M.a Packet Pg. 145 Attachment: PLA - Ordinance Approving Application of Virginia Beach AVA RE, LLC for the Closure of Approximately 813 Sq. Ft. Of an  EVERGREEN VIRGINIA L.L.C. FOR A STREET CLOSURE RE APPROXIMATELY 2,854 SQUARE FOOT PORTION OF NORTH LYNNHAVEN ROAD ADJACENT TO 2865 VIRGINIA BEACH BOULEVARD DISTRICT 3 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 146  6.M.a Packet Pg. 147 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 148 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. 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Ft. Portion of N.  6.M.a Packet Pg. 155 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 156 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 157 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 158 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 159 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 160 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 161 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 162 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 163 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 164 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 165 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 166 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 167 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  6.M.a Packet Pg. 168 Attachment: PLA - Ordinance Approving Application of Evergreen Virginia, L.L.C. for the Closure of an Approximately 2,854 Sq. Ft. Portion of N.  CAR SPA VIRGINIA BEACH I, LLC FOR A MODIFICATION OF CONDITIONS TO A CONDITIONAL USE PERMIT RE CAR WASH FACILITY EXPANSION AT 3282 HOLLAND ROAD DISTRICT 3 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 169  6.M.a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Car Wash Facility Expansion) for the property located at 3282 Holland Road (GPIN 1485999736). COUNCIL DISTRICT 3 MEETING DATE: February 20, 2024  Background: In 1999 City Council approved a Conditional Use Permit request for operation of an Automobile Service Station, Automobile Repair Garage, and Car Wash Facility on the 1.71-acre parcel, zoned B-2, located at the intersection of Lynnhaven Parkway and Holland Road. The applicant now seeks to modify that approval to include 22 self-service vacuum stations and update the parking layout to improve vehicular circulation on-site. The proposed vacuum stations are neutral in color and complement the existing building. Half of the vacuum stations will include overhead canopies located on the interior of the site while the remaining half will be mounted onto six-foot tall posts along Holland Road. A row of evergreen shrubs will be installed to help screen the vacuum stations from the public right-of-way.  Considerations: The proposed self-service vacuum stations will complement existing services offered on this site. These auto-related uses are compatible with commercial centers that service the surrounding neighborhoods and communities. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached staff report. There is no known opposition to this request.  Recommendation: On January 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. All conditions associated with the 1999 Conditional Use Permit approval shall remain in effect and Conditions 2, 3, 4, 5, as indicated below, shall be added. 2. The site layout shall be in substantial conformance to the submitted exhibit entitled, “Concept Plan Car Spa”, dated December 11, 2023, prepared by Bowman, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Packet Pg. 170  6.M.a Car Spa Virginia Beach I, LLC Page 2 of 2 3. Prior to the operation of the vacuum stations, a Landscape Plan shall be Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] submitted to the Department of Planning & Community Development for review and approval. 4. The proposed row of evergreen plantings along Holland Road shall be installed at a minimum height of 3 feet and be maintained at a minimum height of 4.5- feet. 5. The proposed vacuum stations, canopies, and vacuuming equipment shall be in substantial conformance to the submitted exhibit entitled, “Car Spa Virginia Beach: Material Board”, dated December 18, 2023, prepared by Randall Paulson Architects, which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning & Community Development.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 171  6.M.a Applicant & Property Owner Car Spa Virginia Beach I, LLC Agenda Item Planning Commission Public Hearing January 10, 2024 City Council District 3 1 Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] Request Modification of Conditions (Car Wash Facility Expansion) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 3282 Holland Road GPIN 1485999736 Site Size 1.71 acres AICUZ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Car wash facility, automobile service station / B- 2 Community Business Surrounding Land Uses and Zoning Districts North Mixed retail / B-2 Community Business South Holland Road Townhouses / PD-H1 Planned Unit Development East Day-care, townhouses, vacant parcel / B-2 Community Business, A-12 Apartment West Lynnhaven Parkway / Holland Road Single-family dwellings / PD-H1 Planned Unit Development Car Spa Virginia Beach I, LLC Agenda Item 1 PacketPage Pg. 172  6.M.a Background & Summary of Proposal • The applicant seeks to amend the 1999 Conditional Use Permit approval and expand onsite services to include 22 Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] self-service vacuum stations. Existing services on this 1.71-acre parcel site, zoned B-2 Community Business District, include an automated car wash facility, automotive service station, and an automobile repair garage. • Except for the addition of the vacuum stations and changes to the parking layout, no other changes are proposed. • 49 parking spaces are provided while 35 parking spaces are required, exceeding the parking requirement by 14 spaces. • The proposed vacuum stations are neutral in color and complement the existing building. Eleven vacuum stations located interior to the site include overhead canopies, while eleven vacuum stations along Holland Road are proposed to have vacuum systems mounted onto six-foot tall posts. • A row of evergreen shrubs is proposed to be installed along Holland Road to help screen the vacuum stations from the public right-of-way. • A VEPCO Easement runs parallel to Holland Road where the row of evergreen shrubs is proposed. The applicant provided a letter from Dominion Energy approving the planting of vegetation within their easement. 1 Zoning History # Request 1 CUP (Motor Vehicle Rentals) Approved 05/17/2022 2 2 CUP (Automobile Service Station, Automobile Repair Garage, Car Wash Facility) Approved 08/24/1999 3 LUP (Green Run) Approved 1974 3 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The request to expand services offered onsite to include self-service vacuum stations is, in Staff’s opinion, acceptable. The proposed self-service vacuum stations will complement existing services offered on this site associated with the car wash facility, automobile service station, and automobile repair garage. These auto-related uses are compatible with commercial centers that service the surrounding neighborhoods and communities. Car Spa Virginia Beach I, LLC Agenda Item 1 PacketPage Pg. 2173  6.M.a Staff does not anticipate any negative impacts with the addition of the self-service vacuum stations and as such, Staff is recommending approval of the request subject to the conditions recommended below. Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] Recommended Conditions 1. All conditions associated with the 1999 Conditional Use Permit approval shall remain in effect and Conditions 2, 3, 4, 5, as indicated below, shall be added. 2. The site layout shall be in substantial conformance to the submitted exhibit entitled, “Concept Plan Car Spa”, dated December 11, 2023, prepared by Bowman, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Prior to the operation of the vacuum stations, a Landscape Plan shall be submitted to the Department of Planning & Community Development for review and approval. 4. The proposed row of evergreen plantings along Holland Road shall be installed at a minimum height of 3 feet and be maintained at a minimum height of 4.5-feet. 5. The proposed vacuum stations, canopies, and vacuuming equipment shall be in substantial conformance to the submitted exhibit entitled, “Car Spa Virginia Beach: Material Board”, dated December 18, 2023, prepared by Randall Paulson Architects, which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning & 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 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. Previous Conditions from 1999 CUP 1. The applicant shall reserve 15 feet (or as otherwise required by the Department of Public Works) along Lynnhaven Parkway for the future widening to six lanes. 2. At a minimum, the applicant shall install a 10 foot landscape buffer with trees and shrubs along Lynnhaven Parkway outside of the Lynnhaven Parkway reservation (as shown on the site plan, entitled, "Conditional Use Permit Plan - Car Spa - Lynnhaven Parkway and Holland Road," prepared by Langley and McDonald, P.C., dated August 12, 1999). 3. The applicant shall reserve 12 feet (or as otherwise required by the Department of Public Works) along Holland Road for the future widening of Holland Road. 4. At a minimum, the applicant shall install a 10 foot landscape buffer with trees and shrubs along Holland Road, outside of the required reservation for Holland Road. 5. A landscape plan shall be submitted with the final site plan for review and approval by Planning Department staff. Car Spa Virginia Beach I, LLC Agenda Item 1 PacketPage Pg. 3174  6.M.a 6. The building setbacks from the right-of-way must include the required reservations as stated in conditions 1 and 3. 7. There shall be no additional encroachment of impervious surfaces into the Resource Protection Area than what currently exists on the site. The existing impervious surfaces are indicated on a survey prepared by Charles H. Fleet Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] & Associates, P.C., dated March 23, 1999. 8. Stormwater runoff from at least 50 percent of the impervious area (post-development) on this site shall be treated for both quality and quantity, prior to exiting the site, by the stormwater management facility. 9. The exact location of the 125 foot drainage easement located along the eastern property line must be determined an any required encroachment easements shown to be necessary based on the exact location must be obtained from the City of Virginia Beach prior to first detailed site plan review. 10. The freestanding sign to be erected on the Property shall be constructed in monument style with a brick base matching the brick on the buildings depicted on the Sketch Plan. 11. The architectural design, building materials, colors, and site layout shall be substantially in keeping with the color elevation drawings by Lyall Design Architects, entitled, "Car Spa," dated August 13, 1999, and the site plan, entitled, "Conditional Use Permit Plan - Car Spa - Lynnhaven Parkway and Holland Road," prepared by Langley and McDonald, P.C., dated August 12, 1999. 12. The freestanding sign to be erected on the Property shall be constructed in monument style with a brick base matching the brick on the buildings depicted on the color elevation drawings described in Condition #10. Comprehensive Plan Recommendations 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 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. The request for modifications is seen as reasonable for Comprehensive Planning, especially the improvement in circulation. Furthermore, to continue the improvement of circulation and access, there should be clearly marked and visible crosswalks for pedestrians. Bicycle racks should be posted near the building to encourage multimodal transportation for primarily employees as this is an automobile service station. Wherever possible, it is recommended to boost landscaping amenities through using native species around the site as natural screening from the road and to boost the overall aesthetic of the property. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. A portion of this site is located in the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area. No development is proposed in this portion of the site. There do not appear to be any significant cultural resources associated with the site. Car Spa Virginia Beach I, LLC Agenda Item 1 PacketPage Pg. 4175  6.M.a Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] Lynnhaven Parkway 34,200 ADT1 55,500 ADT 1 (LOS 4 “D”) Existing Land Use 2 – 500 ADT Proposed Land Use 3 – 500 ADT Holland Road 31,500 ADT1 32,700 ADT 1 (LOS 4 “D”) 1 Average Daily Trips 2 as defined by an automated 3 4 as defined by an automated car LOS = Level of Service car wash facility wash facility Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Holland Road is considered a four-lane divided minor urban arterial. The Master Transportation Plan shows an ultimate six-lane facility. Lynnhaven Parkway in the vicinity of this application is considered a six-lane divided major urban arterial. The existing infrastructure currently resides in a 95 foot right-of-way. The Master Transportation Plan proposes a six-lane facility within a 165 foot right-of-way. There are no roadway Capital Improvement Program projects slated for this area. Public Utility Impacts Water & Sewer The property is connected to City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 11, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 2023. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.virginiabeach.gov/pc on January 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council’s public hearing on February 5, 2024 Car Spa Virginia Beach I, LLC Agenda Item 1 PacketPage Pg. 5176  6.M.a • The City Clerk’s Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on February 16, 2024. Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] Car Spa Virginia Beach I, LLC Agenda Item 1 PacketPage Pg. 6177  Proposed Site Layout Car Spa Virginia Beach I, LLC Agenda Item 1 PacketPage Pg. 7178 6.M.a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner]  Proposed Renderings Car Spa Virginia Beach I, LLC Agenda Item 1 PacketPage Pg. 8179 6.M.a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner]  Proposed Renderings Car Spa Virginia Beach I, LLC Agenda Item 1 PacketPage Pg. 9180 6.M.a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner]  Site Photos Car Spa Virginia Beach I, LLC Agenda Item 1 Page Packet Pg.10181 6.M.a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner]  Site Photos Car Spa Virginia Beach I, LLC Agenda Item 1 Page Packet Pg.1182 6.M.a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner]  Disclosure Statement Car Spa Virginia Beach I, LLC Agenda Item 1 Page Packet Pg.12183 6.M.a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner]  Disclosure Statement Car Spa Virginia Beach I, LLC Agenda Item 1 Page Packet Pg.13184 6.M.a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner]  Disclosure Statement Car Spa Virginia Beach I, LLC Agenda Item 1 Page Packet Pg.14185 6.M.a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner]  6.M.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] 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 757-385-5692. • 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. Car Spa Virginia Beach I, LLC Agenda Item 1 Page Packet Pg.15186 B2 6.M.a y ar kw a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC av en P nh Ly n A12 B2 Ho B2 lla n d Ro ad PDH1 Site Property Polygons Zoning Building Car Spa Virginia Beach I, LLC 3282 Holland Road µ Feet 012.525 50 75 100 125 150 Packet Pg. 187  6.M.a Virginia Beach Planning Commission Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] January 10, 2024, Public Meeting Agenda Item # 1 Car Spa Virginia Beach I, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you, Mr. Chairman. Today we have eight items on the consent agenda. These are applications that are recommended for approval by staff and the Planning Commission concurred, and there are no speakers signed up in opposition. We'll begin with item number one, Car Spa, Virginia Beach, LLC. Is there a representative today for this item? Could you please come forward? Welcome. Mr. Hammons: Good afternoon. Ms. Cuellar: Could you please state your name for the record? Mr. Hammons: Brett Hammons. Ms. Cuellar: Thank you very much, and are all the conditions acceptable to you? Mr. Hammons: Yes ma’am. Ms. Cuellar: Great. Thank you. You may be seated. Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Anderson to read this item into the record. Mr. Anderson: Okay, thank you. This applicant seeks to amend 1999 conditional use permit approval and expand onsite services to include 22 self-service vacuum stations. Existing services on this 1.71 acre parcel site, zoned B-2 Community Business District include an automated car wash facility, automated service station and an automobile repair garage. With no objections, we have put it on consent. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it’s your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Packet Pg. 188  6.M.a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons: Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Packet Pg. 189  6.M.a Attachment: PLA - Car Spa Virginia Beach I, LLC (COMBINED) (3700 : CAR SPA VIRGINIA BEACH I, LLC [Applicant & Property Owner] Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1, 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. All conditions associated with the 1999 Conditional Use Permit approval shall remain in effect and Conditions 2, 3, 4, 5, as indicated below, shall be added. 2. The site layout shall be in substantial conformance to the submitted exhibit entitled, “Concept Plan Car Spa”, dated December 11, 2023, prepared by Bowman, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. Prior to the operation of the vacuum stations, a Landscape Plan shall be submitted to the Department of Planning & Community Development for review and approval. 4. The proposed row of evergreen plantings along Holland Road shall be installed at a minimum height of 3 feet and be maintained at a minimum height of 4.5-feet. 5. The proposed vacuum stations, canopies, and vacuuming equipment shall be in substantial conformance to the submitted exhibit entitled, “Car Spa Virginia Beach: Material Board”, dated December 18, 2023, prepared by Randall Paulson Architects, which has been exhibited to the Virginia Beach City Council is on file in the Department of Planning & Community Development. Packet Pg. 190  C THE JEMS, LLC / JONATHAN PROPERTIES, LLC FOR A MODIFICATION OF PROFFERS TO A CONDITIONAL REZONING AND A CONDITIONAL USE PERMIT RE BULK STORAGE YARD – TOW AT 2625 HORSE PASTURE ROAD DISTRICT 5 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 191  6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning (Amend Proffers from 2004) and Conditional Use Permit (Bulk Storage Yard – Tow Lot) for the property located at 2625 Horse Pasture Road (GPIN 1495656521). COUNCIL DISTRICT 5 MEETING DATE: February 20, 2024  Background: The 2.44 acre parcel zoned I-1 Light Industrial is part of the Taylor Farm Commerce Park was conditionally rezoned in 2002 and amended in 2004. The applicant seeks to modify the 2004 amended proffers to allow vehicular parking and outdoor storage to be located between the building and Dam Neck Road. The remaining parcels in this Commerce Park will remain subject to the 2002 and the amended 2004 proffers. In conjunction with this request, the applicant also seeks a Conditional Use Permit to construct and operate a tow/impound lot for motor vehicles, which is classified as a Bulk Storage Yard in the Zoning Ordinance. The development includes a 300 square foot office building which will conform to the original and amended proffers for building design and materials.  Considerations: The Planning Commission concurred with Staff, finding the request for a bulk storage yard to store motor vehicles outdoors within the Taylor Farm Commerce Park to be acceptable. As proposed, the storage yard will not be visible from Dam Neck Road; it will be screened by an eight-foot privacy fence with Category VI landscaping. In addition, the bulk storage yard is proposed to be setback 164 feet from Dam Neck Road with an existing 50-foot wide landscape buffer running parallel to Dam Neck Road. Stormwater runoff from the proposed building and storage yard will be collected into an underground detention system that will treat for both water quality and water quantity before discharging into the existing public wet pond to the south. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached staff report. There is no known opposition to these requests. Packet Pg. 192  6.M.a C the Jems, LLC Page 2 of 3  Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] Recommendation: On January 10, 2024, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 11-0. Modification of Proffers: Proffer 1: Subsection “g” of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk’s Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam Neck Road and screened by Category VI Landscape Buffer. Proffer 2: Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. Conditional Use Permit: 1. Development of the site shall be in substantial conformance to the submitted exhibit entitled, “Preliminary Layout for Affordable Towing Storage Yard”, dated October 16, 2023, prepared by CECS, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 2. When developed, the office building shall be in substantial conformance to the submitted exhibit entitled, “2625 Horse Pasture Rd Elevations”, dated December 1, 2023, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 3. The fencing shall be installed at a minimum height of 8 feet, earth-tone in color, and be of a maintenance-free material approved by the Planning Director. 4. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community Packet Pg. 193  6.M.a C the Jems, LLC Page 3 of 3 Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] Development. Outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet.  Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 194  6.M.a Applicant C the Jems, LLC Agenda Items Property Owner Jonathan Properties, LLC Planning Commission Public Hearing January 10, 2024 4&5 Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] City Council District 5 Requests #4 - Modification of Proffers (Amend Proffers from 2004) #5 - Conditional Use Permit (Bulk Storage Yard – Tow Lot) Staff Recommendation Approval Staff Planner Hoa N. Dao Location 2625 Horse Pasture Road GPIN 1495656521 Site Size 2.44 acres AICUZ Greater than 75 dB DNL; APZ-1 Watershed Southern Rivers Existing Land Use and Zoning District Vacant lot / I-1 Light Industrial Surrounding Land Uses and Zoning Districts North Horse Pasture Road Office/warehouse / I-1 Light Industrial South Dam Neck Road Single-family dwellings, cultivated field / AG-1 Agricultural East Office/warehouse / I-1 Light Industrial West Office/warehouse / I-1 Light Industrial C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg. 195  6.M.a Background & Summary of Proposal • Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] The subject site is located within the Taylor Farm Commerce Park and was rezoned to Conditional I-1 Light Industrial on May 14, 2002. In 2004, the proffers were amended to require a minimum side yard setback of 30 feet for lots that abut Dam Neck Road. • The applicant seeks a Modification of Proffers to amend Subsection G of Proffer 2 from the 2004 amended proffers to allow vehicular parking and outdoor storage to be located between the building and Dam Neck Road. The amendment to Subsection G will only be applicable to this parcel. The remaining parcels in this Commerce Park will remain subject to the 2004 amended proffers. In conjunction with this request, the applicant also seeks a Conditional Use Permit to construct and operate a tow/impound lot for motor vehicles, which is classified as a Bulk Storage Yard in our Zoning Ordinance. • The property is located within the greater than 75 dB DNL and APZ-1 of the AICUZ. The proposed use of a tow lot is compatible within both the noise and accident potential zones. • The development includes a 300 square foot office building consisting of wood or cement siding, architectural asphalt shingles, vinyl clad windows, and shutters. • Parking surfaces are required to be constructed of concrete, asphalt, or of a suitable material approved by the Planning Director per Section 203(b)(5). The applicant seeks to be allowed to use gravel as a parking surface. Zoning History 4 # Request 3 1 MDP Approved 02/15/2022 5 2 3 MDP Approved 05/18/2021 CUP (Craft Brewery) Approved 03/20/2018 2 4 CUP (Bulk Storage Yard) Approved 07/02/2013 1 5 CRZ (AG-1 & AG-2 to Conditional I-1) Approved 01/11/2005 MDP Approved 09/14/2004 CRZ (AG-1 & AG-2 to Conditional I-1) Approved 05/14/2002 6 CUP (Outdoor Recreational Facility) Approved 09/23/1997 6 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, the applicant’s request for a bulk storage yard to store motor vehicles outdoors within the Taylor Farm Commerce Park is acceptable. The storage yard will be screened by an eight-foot privacy fence with Category VI landscaping. In addition, the bulk storage yard is proposed to be setback 164 feet from Dam Neck Road. Furthermore, there is an existing 50-foot wide landscape buffer running parallel to Dam Neck Road and an stormwater management pond that will further screen the site from Dam Neck Road. C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg. 2 196  6.M.a Through Section 203(b)(5) of the Zoning Ordinance, the applicant seeks to utilize gravel as an alternative parking surface for the bulk storage area. The Planning Director has considered and approved the use of gravel as an alternative parking surface for this use. Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] As the site drains into the Southern Rivers Watershed, a conceptual stormwater management strategy was submitted and reviewed by Staff. Staff agrees it can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. As proposed, the storage yard will be well-screened from the public right-of-way. Based on these considerations, Staff recommends approval of these requests subject to the proffers and conditions listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to “offset identified problems to the extent that the proposed rezoning is acceptable,” (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Subsection “g” of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk’s Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam Neck Road and screened by Category VI Landscape Buffer. Proffer 2: Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney’s Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. Development of the site shall be in substantial conformance to the submitted exhibit entitled, “Preliminary Layout for Affordable Towing Storage Yard”, dated October 16, 2023, prepared by CECS, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 2. When developed, the office building shall be in substantial conformance to the submitted exhibit entitled, “2625 Horse Pasture Rd Elevations”, dated December 1, 2023, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 3. The fencing shall be installed at a minimum height of 8 feet, earth-tone in color, and be of a maintenance-free material approved by the Planning Director. C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg. 3 197  6.M.a 4. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community Development. Outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 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. 2004 Amended Proffers 1. Proffer numbered “2” is amended to read: The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot (50’) landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. b) A twenty-foot (20) landscape setback from London Bridge road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. c) A minimum fifty-foot (50’) building setback shall be required from London Bridge Road. d) A minimum thirty-foot (30’) side yard building setback shall be required on those lots with a rear property line which abuts Dam Neck Road. e) A minimum fifteen foot (15’) side yard building setback shall be required on those lots which do not have a property line abutting Dam Neck Road, provided a ten foot (10’) wide Category II Landscape Buffer is maintained along the entire length of the side property line from which the fifteen foot (15’) setback is measured. f) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the “SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK”, dated March 15, 2002 which are included in the Deed Restrictions described in Proffer number 3. g) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road. h) No building shall exceed forty-five feet (45’) in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, EIFS, or metal and shall be an earth- tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which are visible from Dam Neck Road shall be either brick, split face block or stone.” The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg. 4 198  6.M.a 2002 Proffers 1. When the Property is developed, it shall be developed into no more than fourteen (14) parcels substantially as Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] shown on the exhibit entitled “TAYLOR FARM CORPORATE PARK SITE PLAN Virginia Beach, Virginia”, dated 03/11/02 and prepared by Spectra Group, which has been exhibited to the Virginia Beach City WOMACK – CHAPPEL Agenda Item # 19 Page 3 Council and is on file with the Virginia Beach Department of Planning (hereinafter “Site Plan”). 2. The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot (50’) Landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. b) A twenty-foot (20’) Landscape setback from London Bridge Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. c) A minimum fifty-foot (50’) building setback shall be required from London Bridge Road d) A minimum thirty-foot (30’) side yard building setback and rear yard building setback (on non-through lots) shall be required. e) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the “SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK” dated March 15, 2002 which are included in the Deed Restrictions described in Proffer #3. f) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on any parcel adjacent to Dam Neck Road. g) No building shall exceed forty-five feet (45’) in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, EIFS or metal and shall be an earth- tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which is visible from Dam Neck Road shall be either brick, split face block or stone. 3. When the property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions (“Deed Restrictions”) administered by a mandatory membership Property Owners Association. In addition to the requirements set forth herein, the Deed Restrictions shall include Articles requiring mandatory assessments for maintenance of the landscape buffers and entrance features as well as Architectural Controls. The Deed Restrictions have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Comprehensive Plan Recommendations The subject property is located within the South Oceana Special Economic Growth Area (SEGA), which the Comprehensive Plan identifies as having significant economic value and growth potential. Developments along key roadways are desired to have attractive and high-quality architectural building materials and designs. This particular portion of the SEGA is designated for a mix of light industrial, low-rise office, and limited retail use. As such, the proposed bulk storage yard would be considered a compatible use. C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg. 5 199  6.M.a Natural & Cultural Resources Impacts The site is within the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving waters. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2a – 0 ADT 1 4 Horse Pasture Road No Data Available 9,900 ADT (LOS “D”) Existing Zoning 2b – 182 ADT Proposed Land Use 3 – No Data Available 1 Average Daily Trips 2a as defined by a vacant lot 3 4 No information available in the LOS = Level of Service ITE Trip Generation Manual for a 2b as defined by a 2.44-acre tow lot parcel zoned I-1 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Horse Pasture Road is considered a two-lane collector roadway. There are no CIP roadway projects planned for this area. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of a storage yard for towed vehicles. In addition to the storage yard, this project will include a small building, and an underground stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows in two directions, towards the public wet pond to the south, and towards the drainage ditch to the west. Stormwater runoff from the proposed building and storage yard will be collected into an underground detention system that will treat for both water quality and water quantity before discharging into the existing public wet pond to the south. The purchase of offsite nutrient credits will be utilized for any remaining water quality pollutant load reduction requirements not treated by the underground detention system. Based on the information provided by Civil Engineering and Construction Services in the Preliminary Drainage Study, the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area: 0.76 acres Pre-Development impervious area: 0.03 acres Post-Development impervious area: 0.55 acres Stormwater Management Facility Design Information Type of facility proposed: Underground Detention C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg. 6 200  6.M.a Description of outfall: Stormwater runoff from the site that enters into the Stormwater Management Facility will discharge into an onsite public storm pipe that discharges into the existing public pond.. Downstream conveyance path: This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] drains from the onsite pond into a large public drainage ditch, which crosses south under Dam Neck Road, then into West Neck Creek, through the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Public Utility Impacts Water & Sewer City water and sanitary sewer services are available for connection. There is a 10-inch City water main and an 8-inch City sanitary sewer gravity main along Horse Pasture Road. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 11, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 2023. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.virginiabeach.gov/pc on January 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council’s public hearing on February 5, 2024 • The City Clerk’s Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on February 16, 2024. C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg. 7 201  Proposed Site Layout C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg. 8 202 6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner]  Proposed Elevation Plan C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg. 9 203 6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner]  Site Photos C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg.10 204 6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner]  Disclosure Statement C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg.11 205 6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner]  Disclosure Statement C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg.1206 6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner]  Disclosure Statement C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg.13 207 6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner]  Disclosure Statement C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg.14 208 6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner]  Disclosure Statement C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg.15 209 6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner]  Disclosure Statement C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg.16 210 6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner]  6.M.a Next Steps • Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] 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 757-385-5692. • 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. C the Jems, LLC Agenda Items 4 & 5 PacketPage Pg.17 211  6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN I2 I1 I1 Dam N eck R o ad Site Property Polygons Zoning Building C the Jems, LLC 2625 Horse Pasture Road µ Feet 0 15 30 60 90 120 150 180 Packet Pg. 212  6.M.a Virginia Beach Planning Commission Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] January 10, 2024, Public Meeting Agenda Items # 4 & 5 C the Jems, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Application number four and five C the Jems, LLC and Jonathan Properties, LLC. Welcome back. Mr. Bourdon: Thank you, Ms. Cuellar. Again, for the record, Eddie Bourdon, Virginia Beach Attorney representing both applicants as well as I also have consent from the owner of the industrial park, Ms. Chapel. The application, the modification of proffers is acceptable to both the applicant and Jonathan Properties, the owner of the property. I want to put that in the record and the five conditions as recommended by staff are acceptable to C the Jems, LLC, Mark Sawyer's. The principal is here in attendance this afternoon and appreciate again was efforts and those on the Commission for putting on the consent agenda. Thank you. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: Yes, thank you. This application is for 2625 Horse Pasture Road, where the applicant seeks to modify proffers to amend subsection G from 2004 to allow for vehicular parking outdoor storage to be located. The remaining part of the parcel will remain subject to the aforemended proffers. The applicant also seeks a conditional use permit to construct an operated toe and pound lot for motor vehicles classified as a bulk storage yard in our zoning ordinance. Because of the excellent work of the council for the applicant, the applicant and our wonderful planning staff. There have been no objections to this application and therefore it's suitable for the consent agenda. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it’s your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Packet Pg. 213  6.M.a Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons: Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Packet Pg. 214  6.M.a Madam Clerk: By a vote of 11 to 0, items 1, 2, 4 and 5, 6, 7, 10, and 11 have been Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE PROFFERS: Proffer 1: Subsection “g” of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk’s Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam Neck Road and screened by Category VI Landscape Buffer. Proffer 2: Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. CONDITIONS: 1. Development of the site shall be in substantial conformance to the submitted exhibit entitled, “Preliminary Layout for Affordable Towing Storage Yard”, dated October 16, 2023, prepared by CECS, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 2. When developed, the office building shall be in substantial conformance to the submitted exhibit entitled, “2625 Horse Pasture Rd Elevations”, dated December 1, 2023, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 3. The fencing shall be installed at a minimum height of 8 feet, earth-tone in color, and be of a maintenance-free material approved by the Planning Director. Packet Pg. 215  6.M.a 4. The final stormwater management plan submitted to the Development Services Center (DSC) Attachment: PLA - C the Jems, LLC (COMBINED) (3699 : C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community Development. Outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. Packet Pg. 216  CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING FROM R-7.5 RESIDENTIAL TO P-1 PRESERVATION RE NEIGHBORHOOD PARK AT 4549 REVERE DRIVE DISTRICT 1 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 217  6.M.a Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 Residential to P-1 Preservation) for the property located at 4549 Revere Drive (GPIN 1475378501). COUNCIL DISTRICT 1 MEETING DATE: February 20, 2024  Background: This request is for a Rezoning from R-7.5 Residential to P-1 Preservation District. The property is located along Revere Drive, within the Salem Woods neighborhood. The site currently serves as a neighborhood park with open green space, a parking lot, and maintenance building. The parcel was previously owned by the Salem Woods Civic Association. For financial reasons, the neighborhood dedicated the park to the City of Virginia Beach in July of 2020. The conveyance was made conditionally requiring the City to rezone the parcel to P-1 Preservation within two years of the date of the deed. While the City missed the original deadline, the civic association was willing to provide the City an additional two years to complete the agreement.  Considerations: The proposed use is, in staff’s opinion, acceptable, as the property’s use as a neighborhood park will not change and any park improvements to the site will not change the character of the neighborhood. The applicant intends to use the site as a passive park that is open to the public. Future park improvements including equipment, park benches, and walkways will be dependent on funding. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached staff report. There is no known opposition to this request.  Recommendation: On January 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Conveyance Deed to City - 2020 Packet Pg. 218  6.M.a City of Virginia Beach Page 2 of 2 Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 219  6.M.a Applicant & Property Owner City of Virginia Beach Agenda Item Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 Planning Commission Public Hearing January 10, 2024 City Council District 1 11 Request Rezoning (R-7.5 Residential to P-1 Preservation) Staff Recommendation Approval Staff Planner Michaela McKinney Location 4549 Revere Drive GPIN 1475378501 Site Size 1.70 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Park / R-7.5 Residential Surrounding Land Uses and Zoning Districts North Revere Drive Single-family dwellings / R-7.5 Residential South Single-family dwellings / R-7.5 Residential East Single-family dwellings / R-7.5 Residential West Single-family dwelling / R-7.5 Residential City of Virginia Beach Agenda Item 11 PacketPage Pg. 1 220  6.M.a Background & Summary of Proposal Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 • The applicant is requesting to rezone the property at 4549 Revere Drive from R-7.5 Residential to P-1 Preservation. • This parcel was previously owned by the Salem Woods Civic Association. For financial reasons, the neighborhood dedicated the park to the City of Virginia Beach. • As indicated in the Deed of Dedication (Instrument # 202000105846), a conveyance was made conditionally that the City would rezone the parcel to P-1 Preservation within two years of the date of the deed. The City of Virginia Beach missed the original deadline, but the civic association was willing to provide the City with an additional two years to complete the agreement. The applicant is now coming forward to satisfy the condition. • The applicant intends to continue utilizing this space as a neighborhood park. The park will be used as a passive park that is open to the public in the interim and will eventually be developed with typical park amenities to include playground equipment, picnic tables, and walkways, as depicted on the proposed conceptual site plan on page five of this report. However, there is no funding designated for the improvements at this time. No Zoning History Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation This request to rezone this property from R-7.5 Residential to P-1 Preservation is acceptable. The site is located within the Suburban Area and Staff believes that the proposed rezoning falls within the Comprehensive Plan’s guiding principle to create great neighborhoods while protecting and enhancing natural areas and open space. In Staff’s opinion, rezoning this site to P-1 Preservation is complementary to this area as the existing use of the site will not change. Instead, the proposed zoning district will allow the natural area to be protected and improved while enhancing the community. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to protect City of Virginia Beach Agenda Item 11 PacketPage Pg. 221  6.M.a and enhance natural areas and open spaces. The Plan’s primary guiding principle is to create “Great Neighborhoods,” and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 Suburban Area is maintained in a sustainable way. Natural & Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high groundwater, poorly draining soils, and high-water surface elevations in downstream receiving waters. There do not appear to be any significant natural or cultural resources associated with the site. Public Utility Impacts Water & Sewer This site must connect to city water and sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 11, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 2023. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.virginiabeach.gov/pc on January 4, 2024. City of Virginia Beach Agenda Item 11 PacketPage Pg. 3 222  Proposed Rezoning Exhibit City of Virginia Beach Agenda Item 11 PacketPage Pg. 4 223 6.M.a Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5  Proposed Conceptual Site Plan City of Virginia Beach Agenda Item 11 PacketPage Pg. 5 224 6.M.a Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5  Site Photos City of Virginia Beach Agenda Item 11 PacketPage Pg. 6 225 6.M.a Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5  Site Photos City of Virginia Beach Agenda Item 11 PacketPage Pg. 7 226 6.M.a Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5  6.M.a Next Steps Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 • 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 757-385-5692 • 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. City of Virginia Beach Agenda Item 11 PacketPage Pg. 8 227  R7.5 R7.5 ive D r R7.5 ere Sloa v Re C Revere Drive n e r ive o u rt D ere v Re R7.5 R7.5 Site Property Polygons City of Virginia Beach Packet Pg. 228 Zoning Building 4549 Revere Drive µ 6.M.a Feet Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 0 15 30 60 90 120 150 180  6.M.a Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Item # 11 City of Virginia Beach RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Application number 11, City of Virginia Beach. We don't have a representative here today, but knowing that there's no opposition to this item, and it's going to be placed on the consent agenda, I've asked Commissioner Estaris to read this item into the record. Ms. Estaris: Thank you. The applicant is requesting rezoning the property at 4549 Revere Drive from R-7.5 Residential to P-1 Preservation. This parcel was previously owned by the Salem Woods Civic Association. For financial reasons, the neighborhood dedicated to the park, the park to the City of Virginia Beach. As indicated in the deed of dedication, a conveyance was made conditionally that the city would rezone the parcel to P-1 preservation within two years of the date of the deed. City of Virginia Beach missed the original deadline, but the Civic Association was willing to provide the city with an additional two years to complete the agreement. The applicant intends to continue utilizing the space as a neighborhood park. In the staff's opinion, the rezoning the site to P-1 is complimentary to the area, as existing use of the site will not change. Instead, the proposed zoning district will allow the natural area to be protected and improved while enhancing the community. With the planning staff's recommendation for approval and with no opposition and no objection, the Planning Commission moves forward to place this on the consent agenda. Ms. Cuellar: Thank you very much. Mr. Chairman that was our last item on the consent agenda, I'd like to review that the Planning Commission places the following applications on the consent agenda. Items number 1, 2, 4 and 5, 6, 7, 10 and 11. Mr. Alcaraz: Thank you. Do I have a motion to approve as stated by the Vice Chair? Well let her make a motion then I'll take Mr. Clemons. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it’s your day. Packet Pg. 229  6.M.a Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons: Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Packet Pg. 230  6.M.a Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5 Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1, 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE Packet Pg. 231  6.M.a Packet Pg. 232 Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5  6.M.a Packet Pg. 233 Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5  6.M.a Packet Pg. 234 Attachment: PLA - City of Virginia Beach (COMBINED) (3701 : CITY OF VIRGINIA BEACH [Applicant & Property Owner] Change of Zoning (R-7.5  THE LAB COMMERCIAL KITCHEN, LLC / BONNEY BROTHERS CORPORATION FOR A CONDITIONAL USE PERMIT RE BULK STORAGE YARD AT 405 SOUTH WITCHDUCK ROAD DISTRICT 1 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 235  6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS CORPORATION [Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 405 S Witchduck Road (GPIN 1466795644). COUNCIL DISTRICT 1 MEETING DATE: February 20, 2024  Background: The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to continue storing food trucks and trailers at 405 S Witchduck Road. The applicant operates a commercial kitchen at which independent food truck vendors can store and prep food for their operations. As their business established and evolved over time, the applicant began leasing parking spaces at this site to vendors to leave their food trucks and trailers and was unaware of the requirement for a Conditional Use Permit to do so. The applicant is proposing to use 20 parking spaces on site for food trucks and trailers and has identified these spaces on a concept plan. Additionally, the applicant is requesting deviations from the screening requirements for Bulk Storage Yards as set forth in Section 228 of the Zoning Ordinance: the applicant proposes fencing only along the rear property line and a portion of the northern property line between the site and Patriots Park; to add plantings only along the north property, S Witchduck Road, and in the northwest corner of the property inside the fence; and to only enclose the dumpster on site with fencing. The applicant requests these deviations due to the extent of existing pavement and narrow widths between the property lines and existing curb lines which are insufficient to sustain healthy plants.  Considerations: While there have been several applications to rezone properties in this area to B- 4K Historic Kempsville Area Mixed Use District, this property is one of a few in the heart of Kempsville that retains B-2 Community Business zoning. Bulk Storage Yards are conditional uses in B-2 Community Business; they are not permitted in B-4K Historic Kempsville Area Mixed Use. The uniqueness of this specific Bulk Storage Yard and the business it supports are compatible with Historic Kempsville. This parcel falls within the area recommended for commercial use and supports many small, local businesses. It is a viable reuse of a parcel originally developed as a drive-thru restaurant. Packet Pg. 236  6.M.a Lab Commercial Kitchen, LLC Page 2 of 3 Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS The local food truck industry has grown in recent years, primarily with independent operators. For food truck or food trailer operators who are unaffiliated with a brick- and-mortar restaurant, it is challenging to find locations to park/store their vehicles and to have access to commercial kitchen spaces. The applicant provides both these opportunities and is an incubator for the local food scene. By prepping food and storing vehicles here, it is easier for operators to comply with local food and health requirements. The requested deviations to the screening requirements for this property are also acceptable. Most of the site is currently impervious surface, either as part of the parking lot, the walkway around the building, or the building itself. This limits where screening and landscaping elements can be installed without substantial land disturbance. In its review of the application, the Planning Commission recommended approval of the request with a modification to the proposed concept plan as referenced in Condition 1. The modification was to reduce the length of proposed fencing along the property line between the subject site and Patriots Park to run from the rear corner of the property to approximately the location of an existing brick wall in the park; from that point to the corner of the property closest to S. Witchduck Road, additional evergreen plantings were to be added to screen the site from the park. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. Two letters of opposition and one letter of support were received for the request.  Recommendation: On January 10, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0 with one abstention. 1. The Bulk Storage Yard shall be screened with a minimum six-foot tall privacy fence and landscape plantings that are in substantial conformance to the concept landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023. This is a deviation to Section 228(a) of the Zoning Ordinance. 2. Food trucks and trailers shall only be stored in the spaces as identified on the concept plan “Site Landscape Plan” and dated November 22, 2023. 3. Food trucks and trailers shall only be in the loading zone when actively loading or unloading a vehicle. This area shall not be used for long-term parking or storage. 4. No more than 20 food trucks or trailers shall be permitted on site at any one time (e.g., no more than 20 food trucks or trailers shall be on site total between the loading zone and the storage spaces). 5. Total storage may not exceed 20 food trucks or trailers. Packet Pg. 237  6.M.a Lab Commercial Kitchen, LLC Page 3 of 3 Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS 6. The food truck/trailer parking stalls as shown on the landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023 shall be striped. 7. A minimum of 16 spaces shall be provided for customer parking with an additional nine spaces available in the loading area as shown on the landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023. 8. No food truck or trailer build outs, engine repair, body work, automobile repair activities, or other substantial alteration or repair shall be conducted on site, to include removal and installation of appliances. This condition shall not be construed to prohibit light maintenance such bulb repair or replacement, cleaning, and similar light work. 9. Generators shall not be run between the hours of 11:00 p.m. and 7:00 a.m. 10. All exterior power points on the property shall be covered, grounded, and provided in such a way that is safe for all users and that is in substantial conformance with the locations as noted on the concept landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023. 11. The dumpster shall be enclosed with a minimum six-foot tall privacy fence and required plantings as set in the landscape requirements in the Site Plan Ordinance.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Support (1) Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 238  6.M.a Applicant Lab Commercial Kitchen LLC Agenda Item 8 Property Owner Bonney Brothers Corporation Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS Planning Commission Public Hearing January 10, 2024 City Council District 1 Request Conditional Use Permit (Bulk Storage Yard) Staff Recommendation Approval Staff Planner Elizabeth Nowak Location 405 S. Witchduck Road GPIN 1466795644 Site Size 33,044 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Commercial kitchen / B-2 Community Business (Historic Kempsville Overlay) Surrounding Land Uses and Zoning Districts North Park, Office/ B-4K Historic Kempsville Area Mixed Use, B-2 Community Business (Historic Kempsville Overlay) South Home Center Drive Shopping Center / B-2 Community Business (Historic Kempsville Overlay) East S. Witchduck Road West Office / B-2 Community Business (Historic Kempsville Overlay) Lab Commercial Kitchen LLC Agenda Item 8 PacketPage Pg. 1 239  6.M.a Background & Summary of Proposal Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS • The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard to allow the storage of food trucks and trailers in the parking lot of this 33,044 square-foot parcel zoned B-2 Community Business District. This application was submitted in response to a Notice of Violation sent to the applicant on July 30, 2023, that stated storage of food trucks and trailers requires a Conditional Use Permit for a Bulk Storage Yard. The parcel is located in the Historic Kempsville District Overlay. • Lab Commercial Kitchen operates as a commercial kitchen, a standalone food preparation and storage facility. Independent food truck operators use the commercial kitchen to complete food prep and to store perishable items. • Since Lab Commercial Kitchen has been operating in this location, it began to lease parking spaces to food truck vendors to allow them to store their food truck/trailers on site. Many food truck vendors who complete prep work at Lab Commercial Kitchen are unaffiliated with stand-alone restaurants or other eateries and have no other place to store their trucks/trailers. City regulations prohibit parking of food trucks or trailers in residentially-zoned districts. Parking spaces at Lab Commercial Kitchen has made it possible for these independent operators to store their vehicles in a commercially-zoned location. • The applicant is requesting to store up to 20 food trucks or trailers on site: o Six trucks and trailers to be stacked along the rear drive aisle adjacent to the northeast property line; o Two trucks or trailers to be located parallel to the building: one along the rear elevation and one along the south elevation; o Eight trucks or trailers to be parked in angled spaces along the south side of the building; and o Four trucks or trailers to be parked in spaces perpendicular to Home Center Lane. Nine parking spaces located on the north side of the building will be used as a loading zone for food trucks and trailers. The remaining 16 parking spaces on site will be used for parking of passenger vehicles. • Section 203(a)(35) of the Zoning Ordinance stipulates that uses permitted pursuant to a Conditional Use Permit shall comply with off-street parking requirements specified in that permit. There are no specific requirements for Bulk Storage Yards or for Commercial Kitchens. • There are four existing exterior power points on the building that the applicant intends to make available to food trucks or trailers at Space 19 and Space 20, as well as the loading zone. Additionally, the applicant will reuse two former drive-thru signs as external power points to provide power to a few vehicles using Spaces 1 through 4 and Spaces 5 through 9. • Section 228(a) of the Zoning Ordinance requires that Bulk Storage Yards be fully enclosed with a minimum six-foot opaque wall or fence in combination with Category VI landscape plantings. The applicant is requesting a deviation to this requirement to install a six-foot tall privacy fence along the northwest and northeast property lines and to install smaller scale plants between the fence and Patriot Park to the northeast. The applicant’s request for a deviation to the landscape screening requirements is predicated on the amount and location of existing paving, entrance points to the property, and the need to maintain existing drive aisles to provide adequate turn radii for food trucks and trailers. • Dumpsters are required to be enclosed with a solid, minimum six-foot tall privacy fence and to be screened with landscaping on three sides. A six-foot tall vinyl fence is shown on the concept landscape plan submitted by the Lab Commercial Kitchen LLC Agenda Item 8 PacketPage Pg. 2 240  6.M.a applicant. Although not shown on the concept plan, the applicant has indicated they will install plantings as required by the Site Plan Ordinance. Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS 1 2 Zoning History # Request 1 CUP (Tattoo Parlor) Approved 05/16/2023 2 REZ (B-2 to B-4K) Approved 09/24/2013 3 CUP (Motor Vehicle Rentals) Approved 06/25/1996 3 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation In Staff’s opinion, this request for a Conditional Use Permit for a Bulk Storage Yard to store food trucks and trailers is acceptable. This property is located in the Historic Kempsville area, a Suburban Focus Area identified in the Comprehensive Plan, and is within the bounds of the Historic Kempsville Overlay District. This area is notable as an early crossroad community and long range planning goals include development of a mixed-use, medium-density area that emphasizes residential development and experiences. While there have been several petitions to rezone properties here B-4K Historic Kempsville Area Mixed Use District, this property is one of a few in the heart of Kempsville that retains B-2 Community Business zoning. Bulk Storage Yards are conditional uses in B-2 Community Business; they are not permitted in B-4K Historic Kempsville Area Mixed Use. It is Staff’s opinion that the uniqueness of this specific Bulk Storage Yard and the business it supports are compatible with Historic Kempsville. This parcel falls within the area recommended for commercial use and supports many small, local businesses. It is a viable reuse of a parcel originally developed as a drive- thru restaurant. The local food truck industry has grown in recent years, primarily with independent operators. For food truck or food trailer operators who are unaffiliated with a brick-and-mortar restaurant, it is challenging to find locations to park/store their vehicles and to have access to commercial kitchen spaces. The applicant provides both these opportunities and is an incubator for the local food scene. By prepping food and storing vehicles here, it is easier for operators to comply with local food and health requirements. The requested deviations to the screening requirements for this property are also, in Staff’s opinion, acceptable. Most of the site is currently impervious surface, either as part of the parking lot, the walkway around the building, or the building itself. This limits where screening and landscaping elements can be installed without substantial land disturbance. The parcel is set back from the primary corridor of S. Witchduck Road and is accessed by means of a secondary road. This distance softens the visual impact of this and adjacent properties from this primary corridor in Historic Kempsville. The property is immediately adjacent to Patriot’s Park, a City-owned park on the corner of S. Witchduck Road and Office Square Lane. To prevent visitors to the park from crossing over into the storage yard or cutting through the existing mature landscaping along the property line, the applicant, at Staff’s recommendation, is Lab Commercial Kitchen LLC Agenda Item 8 PacketPage Pg. 3 241  6.M.a proposing to extend a privacy fence the length of this property line. Plants installed by the applicant in addition to the plants in the park will soften and screen the fence. Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS Parking requirements for this use are controlled by Section 203(a)(35)—which states that the amount of parking shall be as set forth in the relevant Conditional Use Permit—as Section 228 has no parking requirements and Section 203(a) has no specific standard for the use of the site as a commercial kitchen for food trucks and trailers. In Staff’s opinion, this use, including the storage of the food trucks and trailers, is very similar to food and beverage manufacturing uses, which are, per Section 203(a)(29), required to provide one parking space per every 250 square feet of floor area. The building on site is approximately 2,600 square feet and would require 10 parking spaces. As the applicant is reserving 16 spaces for customer parking, will have 20 dedicated spaces for food trucks and trailers, and will have an additional nine spaces in the designated loading zone, Staff believes sufficient parking will be met on site with the current conditions. Staff is recommending Condition 7 to address this requirement. The applicant presented their request to the Historic Kempsville Citizen Advisory Committee at its November 27, 2023 meeting. While there were comments shared with the applicant regarding preferred screening options (i.e., only using landscaping along the property line with Patriot’s Park rather than including the fence and the landscaping), there was general support for the application. Staff recommends approval of the application subject to the following conditions listed below. Recommended Conditions 1. The Bulk Storage Yard shall be screened with a minimum six-foot tall privacy fence and landscape plantings that are in substantial conformance to the concept landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023. This is a deviation to Section 228(a) of the Zoning Ordinance. 2. Food trucks and trailers shall only be stored in the spaces as identified on the concept plan “Site Landscape Plan” and dated November 22, 2023. 3. Food trucks and trailers shall only be in the loading zone when actively loading or unloading a vehicle. This area shall not be used for long-term parking or storage. 4. No more than 20 food trucks or trailers shall be permitted on site at any one time (e.g., no more than 20 food trucks or trailers shall be on site total between the loading zone and the storage spaces). 5. Total storage may not exceed 20 food trucks or trailers. 6. The food truck/trailer parking stalls as shown on the landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023 shall be striped. 7. A minimum of 16 spaces shall be provided for customer parking with an additional nine spaces available in the loading area as shown on the landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023. 8. No food truck or trailer build outs, engine repair, body work, automobile repair activities, or other substantial alteration or repair shall be conducted on site, to include removal and installation of appliances. This condition shall not be construed to prohibit light maintenance such bulb repair or replacement, cleaning, and similar light work. 9. Generators shall not be run between the hours of 11:00 p.m. and 7:00 a.m. 10. All exterior power points on the property shall be covered, grounded, and provided in such a way that is safe for all users and that is in substantial conformance with the locations as noted on the concept landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023. Lab Commercial Kitchen LLC Agenda Item 8 PacketPage Pg. 4 242  6.M.a 11. The dumpster shall be enclosed with a minimum six-foot tall privacy fence and required plantings as set in the landscape requirements in the Site Plan Ordinance. Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS 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. Comprehensive Plan Recommendations This proposal is located in the Suburban Area, within the Historic Kempsville Overlay District. The Historic Kempsville Master Plan calls for a denser, mixed-use pattern of development, with a focus on improved walkability. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. The site is in the Historic Kempsville District Overlay and is immediately adjacent to Patriot’s Park, a public park. The storage operations have a strong visual impact on the area without appropriate screening. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Zoning 2 – 385 ADT S. Witchduck Road No counts available 9,900 ADT 1 (LOS 4 “D”) Proposed Land Use 3 – No Data Available 1 Average Daily Trips 2 as defined by a .76-acre 3 4 No information available in the LOS = Level of Service property zoned B-2 Community ITE Trip Generation Manual for Business food truck storage yards Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The property is located on S. Witchduck Road service road and Home Center Drive. S. Witchduck Road service road is a two-lane local commercial street in the vicinity of this property. It has a variable-width right-of-way. Home Center Drive is a private driveway. No CIP projects are currently scheduled for this roadway. Public Utility Impacts Water There is an existing 16-inch City water transmission along S. Witchduck Road. Lab Commercial Kitchen LLC Agenda Item 8 PacketPage Pg. 5 243  6.M.a Sewer There is an existing eight-inch City sanitary sewer gravity main along S. Witchduck Road that partially encroaches Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS through this property. There is also an existing eight-inch City sanitary sewer gravity main along Home Center Drive. Public Outreach Information Planning Commission • The applicant representative met with the Historic Kempsville Citizen Advisory Committee on November 27, 2023 to discuss the details of the request. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 11, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 2023. • 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 January 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council’s public hearing on February 5, 2024 • The City Clerk’s Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on February 16, 2024. Lab Commercial Kitchen LLC Agenda Item 8 PacketPage Pg. 6 244  Proposed Site Layout Lab Commercial Kitchen LLC Agenda Item 8 PacketPage 245 Pg. 7 6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS  Site Photos Lab Commercial Kitchen LLC Agenda Item 8 PacketPage 246 Pg. 8 6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS  Site Photos Lab Commercial Kitchen LLC Agenda Item 8 PacketPage 247 Pg. 9 6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS  Disclosure Statement Lab Commercial Kitchen LLC Agenda Item 8 PacketPage 248 Pg.10 6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS  Disclosure Statement Lab Commercial Kitchen LLC Agenda Item 8 PacketPage 249 Pg.11 6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS  Disclosure Statement Lab Commercial Kitchen LLC Agenda Item 8 PacketPage Pg.1250 6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS  Disclosure Statement Lab Commercial Kitchen LLC Agenda Item 8 PacketPage 251 Pg.13 6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS  Disclosure Statement Lab Commercial Kitchen LLC Agenda Item 8 PacketPage 252 Pg.14 6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS  Disclosure Statement Lab Commercial Kitchen LLC Agenda Item 8 PacketPage 253 Pg.15 6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS  6.M.a Next Steps Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS • 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 757-385-5692. • 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. Lab Commercial Kitchen LLC Agenda Item 8 PacketPage Pg.16 254  B1A B4K 6.M.a Office Square L Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, a ne ne R10 uare La B4K B2 ad Office S q B2 ck R B4K d o oa ck Witc Ho m e C hdu R enter D rive du B4K Witch B4K B4K Site Property Polygons Zoning Building Lab Commercial Kitchen, LLC 405 South Witchduck Road µ Feet Packet Pg. 255 0 15 30 60 90 120 150 180  6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Item # 8 Lab Commercial Kitchen, LLC RECOMMENDED FOR APPROVAL Madam Clerk: Agenda item number eight, Lab Commercial Kitchen, LLC is a conditional use permit for a bulk storage yard for 405 South Witchduck Road. Mr. Alcaraz: Please come forward. So, if you can just state your name and then tell us what you're asking for? So, we can. Mr. Mariano: Good afternoon. My name is Gilbert Mariano. I'm here on behalf of the Lab Commercial Kitchen and what was the other question? I'm sorry. Mr. Alcaraz: Anything you'd like to tell us. Mr. Mariano: So, about three years ago, me and my brother, we created the Lab Commercial Kitchen for us to use, not knowing that it would be this big as it is now. We currently have 40 people that work out of our—40 small businesses—that work out of our kitchen, 20 of them are the food trucks. A lot of them are women owned, minority owned, and veteran owned, and we are here just trying to get this permit to allow these food trucks to stay there and move forward. We're here just to see what you guys need us to do and to get approved to put up either a fence or the shrubbery that you guys need, but yeah, we're here on behalf of all the businesses that we have at our kitchen to kind of get this to move forward and pretty much set everything straight and get everything that needs to be done. Mr. Alcaraz: What we've asked is Mr. Anderson move forward with you on talking about what might need be needed? So, go ahead. Mr. Anderson: Okay. First of all, I'll just, I'll read. Yeah, the background a little bit first. As you said, this applicant at 405 South Witchduck Road is asking for a conditional use permit for a bulk storage yard to allow storage of food trucks and trailers in the parking lot, of a 33,000 square-foot parcel zoned B-2 Community Business District. This application was submitted in response to a notice of violation sent to the applicant on July 30, 2023 that stated storage of food trucks and trailers requires a conditional use permit for a bulk storage yard. The parcel is located in the Historic Kempsville District Overlay. So, you know, you guys have come to the meeting of the Packet Pg. 256  6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS Kempsville Historic CAC and we've discussed and what we, commissioners and with CAC's approval, I'll read to you what we have wanting to propose on the conditions with your approval. So, I'm recommending approval of this item with the modifications to Condition 1 to propose evergreens to start approximately at the existing brick wall towards Witchduck Road instead of a fence. Mr. Mariano: Okay. Mr. Anderson: The proposed fence six-foot tall fence will stay in the conditions on the back of the property with a return to the start of the brick wall, approximately 30 feet, just depends on where that location is. Mr. Mariano: Okay, absolutely. Mr. Anderson: That should do everything that we have looked at and we want to, you know, work with you guys on what type of evergreens and with Parks and Recreation on what works for that coverage. Mr. Mariano: Okay. We appreciate that. Mr. Anderson: We want to make sure that you guys were okay with that change. Mr. Mariano: Whatever you need, we'll do it just to move forward. Again, a lot of people are counting on us to make sure that we keep this place open. So again, whatever you need, we will do. We just need the proper guidelines or the standards on what you guys would like. Mr. Alcaraz: So, you've accepted his recommendations. Are there any other comments? None. Mr. Anderson, if I can get a motion with what you just stated, we'll get a second and we'll move forward. Mr. Plumlee: If I could interrupt you, Mr. Chairman, I just wanted to, the only question I had remaining was about the parking for the trucks, the trailers and then you need a remaining nine spaces for that loading area and then you have passenger vehicles. How many total parking spaces? Mr. Mariano: So for the food trucks, we have 20 and then in the front, I believe we have the—I think its 10 and the loading zone is only when they park their food truck or their trailer. It's not— Packet Pg. 257  6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS Mr. Plumlee: So, that's like a temporary use of that nine spaces. Okay, because I didn't believe that there were that many spaces. I just want to clarify that point. Okay. Alright. Thank you, that's it. Mr. Anderson: Should we explain the conditions about, you know, from the complaint of what the Lab Kitchen is having to abide by other than, you know, with the other conditions because we didn't—I mean conditions I didn't read. It was the other conditions. Mr. Alcaraz: The conditions are stated. We're going to keep those. Mr. Anderson: Okay. Right. Mr. Alcaraz: You just state the changes, your modification. Mr. Anderson: My modification. Okay. Mr. Alcaraz: We need to hear. Yeah. Mr. Anderson: So, it's in addition to all the conditions which they're accepting, and you acknowledge acceptance of all these conditions. Mr. Alcaraz: So I have a motion? Mr. Anderson: I move to approve a recommended approval of this item with modifications for the fence to be changed on the park side of the property to evergreens from the brick wall to Witchduck Road. Mr. Mariano: Yeah, that's all right. Mr. Alcaraz: I got a motion by Mr. Anderson. Madam Clerk: One second. Did you need to clarify the height of the fence? Mr. Anderson: No, because we're not changing it. Madam Clerk: Okay, so we're not going to eight? Mr. Anderson: We are not. Madam Clerk: Okay. Packet Pg. 258  6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS Ms. Hippen: Second. Mr. Alcaraz: I have a motion with a modification by Mr. Anderson, a second by Ms. Hippen. Are there any abstentions? I think you need to make a statement, please. Ms. Estaris: I, Naomi Estaris, am abstaining from this agenda item. Mr. Alcaraz: Thank you. Madam Clerk: A letter is on file. Mr. Alcaraz: Letter’s on file, okay for the record. Alright. We're going to vote. Madam Clerk: Yep. We're going to go down to Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons: Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Packet Pg. 259  6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 10 to 0 with one abstention agenda item number eight has been recommended for approval. AYE 10 NAY 0 ABS 1 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The Bulk Storage Yard shall be screened with a minimum six-foot tall privacy fence and landscape plantings that are in substantial conformance to the concept landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023. This is a deviation to Section 228(a) of the Zoning Ordinance. 2. Food trucks and trailers shall only be stored in the spaces as identified on the concept plan “Site Landscape Plan” and dated November 22, 2023. 3. Food trucks and trailers shall only be in the loading zone when actively loading or unloading a vehicle. This area shall not be used for long-term parking or storage. 4. No more than 20 food trucks or trailers shall be permitted on site at any one time (e.g., no more than 20 food trucks or trailers shall be on site total between the loading zone and the storage spaces). 5. Total storage may not exceed 20 food trucks or trailers. Packet Pg. 260  6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS 6. The food truck/trailer parking stalls as shown on the landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023 shall be striped. 7. A minimum of 16 spaces shall be provided for customer parking with an additional nine spaces available in the loading area as shown on the landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023. 8. No food truck or trailer build outs, engine repair, body work, automobile repair activities, or other substantial alteration or repair shall be conducted on site, to include removal and installation of appliances. This condition shall not be construed to prohibit light maintenance such bulb repair or replacement, cleaning, and similar light work. 9. Generators shall not be run between the hours of 11:00 p.m. and 7:00 a.m. 10. All exterior power points on the property shall be covered, grounded, and provided in such a way that is safe for all users and that is in substantial conformance with the locations as noted on the concept landscaping plan entitled “Site Landscape Plan” and dated November 22, 2023. 11. The dumpster shall be enclosed with a minimum six-foot tall privacy fence and required plantings as set in the landscape requirements in the Site Plan Ordinance. Packet Pg. 261  6.M.a Packet Pg. 262 Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS CORPORATION [Property Owner] Conditional)  6.M.a Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS Kempsville Commons Owners Association January 3, 2024 Virginia Beach Planning Administration 2875 Sabre Street, Suite 500 Virginia Beach, VA 23452 To: Elizabeth Nowak We are writing this letter in reference to the Conditional Use Permit Public Hearing scheduled on Wednesday, January 10, 2024 for Lab Commercial Kitchen, LLC to consider their application to use the property as a (Bulk Storage Yard). As we occupy the adjacent/surrounding Office Park consisting of eight office buildings, we are very strongly against approval of this request. This was confirmed during our annual meeting held Dec 13th, 2023 and a poll conducted after receipt of the public notice. Since Lab Commercial Kitchen’s occupation of the property at 405 South Witchduck Road, we have been plagued with the unsightly and noisy renovation and storage of numerous dilapidated food trucks and trailers. Our landscapers have had to move old vehicle bumpers and other parts off our property on several occasions to even mow the grass and maintain the profession appearance of our properties. Additionally, we have received numerous complaints from our tenants and employees about such activities as grinding, sanding, hammering, loud music, etc. in the course of their activities. Approval for “bulk storage” can only contribute further to the eyesore and activity inconsistent with a Professional Office Park environment. Lastly, after the millions of tax dollars spent beautifying the “Witchduck corridor”, including a park area established adjacent to the requestor, we are surprised this would even be under consideration. We strongly urge denial of this request as it would unfavorably affect our businesses, property value and the surrounding community as it is totally inconsistent with the current environment and professional decorum we strive to project and maintain. Sincerely, Richard B. Drehoff Secretary/Treasurer 328 OFFICE SQUARE LANE, STE. 202, VIRGINIA BEACH, VA 23462-3648 TEL (757) 377-8025 Packet Pg. 263  6.M.a From: wes Coons Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS To: Elizabeth D. Nowak Subject: Kempsville Historic area Date: Wednesday, January 10, 2024 10:47:22 AM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, I wish I was able to speak in person today, however I was not able to get away! I own Century 21 Top Producers next door to the subject property and as much as I want them to be successful they are costing me clients. I just lost a $2,800.00 a month tenant because we "no longer represent the look" they need to grow. I have simply listed the reasoning why the city decided to save the heart of Virginia Beach and I want you to understand, we are the heart that gives this area life. The battle of Kemps's Landing is located on these grounds along with a hidden tunnel that we used to hide slaves so we may help them to freedom. I will be placing a memorial on my building this year for Robert C. Burke, a Marine Medal of Honor recipient. Robert was my uncle and please feel free to look him up and see what he did to save his fellow Marines. I am a retired Marine and simply put, this place is on holy, sacred ground and we need to HONOR this and not turn it into a junkyard! I was told a possible fence may be required, a 6 foot fence will not hide a 12 foot tall truck and honestly it will look even worse, The tenants rented a building that they knew did not allow the storage of these vehicles and they made a business decision to break the rules with no regard to us! He may have modified his business plan however that does not mean we have to pay the price for it. Furthermore, the taxes the citizens of Virginia Beach paid to save this area and create a park next to us will be just another waste of our resources and a black eye on the city! Please do the right thing and deny the change and protect what we have started, making Kempsville relevant AGAIN! Thank you, Wes Coons Sec. 2000. - Findings; intent. SHARE PRINT LINK TO DOWNLOAD SECTION EMAIL SECTION COMPARE SECTION (DOCX) OF VERSIONS SECTIONS The City Council hereby finds that the Historic Kempsville Area is not only one of the primary crossroads within the City, but is also the location of the third courthouse in Princess Anne County, the site of a Revolutionary War skirmish, an early cultural and economic hub within the City, and is surrounded by many stable and attractive residential communities. As such, its appearance and revitalization is important to the physical and economic vitality of the City. The purpose of the Historic Kempsville Area Overlay District is to enhance the appearance of the area encompassed by the District and to help restore its vitality as an important and historic location within the City. Historic Kempsville Area The City Council-adopted Historic Kempsville Area Master Plan outlines land use, environmental, transportation and design improvements needed to revitalize the area. It also provides guidance to leverage public investments in order to create a high quality ‘village’ center. Key Recommendations Northeast Quadrant Implement the colonial village core to include medical services, senior housing, and public safety and support activities. The future use of Pleasant Hall, a house built in 1769, should respect its historic heritage, as should the form and function of other uses within this quadrant. Packet Pg. 264  -- Wes Coons Broker/Owner C21 Top Producers 757.456.9500-O 757.952.0764-F 6.M.a Packet Pg. 265 Attachment: PLA - The Lab Commercial Kitchen (COMBINED) (3705 : THE LAB COMMERCIAL KITCHEN, LLC [Applicant] BONNEY BROTHERS  ANNA JEAN SALON AND BOUTIQUE, LLC / ROGERS PROPERTIES, LLC FOR A CONDITIONAL USE PERMIT RE TATTOO PARLOR AT 1637 INDEPENDENCE BOULEVARD, SUITES A & B DISTRICT 9 Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 266  6.M.a Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS PROPERTIES, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 1637 Independence Boulevard, Suites A & B (GPIN 1479235308). COUNCIL DISTRICT 9 MEETING DATE: February 20, 2024  Background: The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor for the application of permanent makeup within an existing beauty salon in the Bayside Crossing Shopping Center. The shopping center is located along Independence Boulevard on property zoned B-2 Community Business District. The typical hours of operation will coincide with the current business hours which are 9:00 a.m. to 5:00 p.m., Tuesday through Saturday. No exterior changes are proposed and the required parking is met on site.  Considerations: The proposed use is, in Staff’s opinion, acceptable and will be consistent with other retail establishments in the shopping center. Prior to operating, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. There is no known opposition to this request.  Recommendation: On January 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 11-0. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. Packet Pg. 267  6.M.a Tiffany Luong Page 2 of 2 Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 268  6.M.a Applicant Anna Jean Salon and Boutique, LLC Agenda Item 10 Property Owner Rogers Properties, LLC Planning Commission Public Hearing January 10, 2024 Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS City Council District 9 Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation Approval Staff Planner Madison Eichholz Location 1637 Independence Boulevard, Suites A & B GPIN 1479235308 Site Size 30,990 square feet (1,221 square feet Suites) AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center / B-2 Community Business Surrounding Land Uses and Zoning Districts North Independence Boulevard Shopping Center / B-2 Community Business South Retail, office, auto repair / B-2 Community Business East Restaurant / B-2 Community Business West Fast Food Restaurant / B-2 Community Business Anna Jean Salon and Boutique, LLC Agenda Item 10 PacketPage Pg. 1 269  6.M.a Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Tattoo Parlor, specifically for the application of Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS permanent makeup, known as microblading, within an existing beauty salon in the Bayside Crossing Shopping Center. The shopping center is located along Independence Boulevard on property zoned B-2 Community Business District. • According to the applicant, one additional employee is anticipated. • The typical hours of operation will coincide with the current business hours which are 9:00 a.m. to 5:00 p.m., Tuesday through Saturday. • No exterior changes to the building are proposed. 4 2 3 Zoning History # Request 1 CUP (Automobile Repair Garage) Approved 03/01/2022 2 CUP (Church) Approved 03/11/2008 CUP (Church) Approved 10/02/2001 1 3 CUP (Car Wash Facility) Approved 03/23/1999 CUP (Car Wash Facility) Approved 08/14/1996 4 CUP (Automobile Service station) Approved 08/10/1994 Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation The request for a Conditional Use Permit for a Tattoo Parlor, specifically for the application of permanent makeup, in Staff’s opinion, is acceptable given that the use is compatible with the other existing commercial businesses located in the vicinity. The application of permanent makeup within an existing commercial space is not expected to negatively impact other uses within the shopping center or the vicinity. Prior to commencing operations on the site, the applicant must obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23-51 of the City Code. Chapter 23-51 details the standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting applicable to such establishments. A Certificate of Occupancy will not be issued until the requirements are satisfied and Health Department approval is obtained. It is Staff’s opinion that the proposed tattoo parlor will not result in a significant increase in traffic in this established strip shopping center as the use is consistent with typical strip shopping center uses. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below Anna Jean Salon and Boutique, LLC Agenda Item 10 PacketPage Pg. 2 270  6.M.a Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 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. Comprehensive Plan Recommendations This property is located within the Suburban Area of the city, as designated by the Comprehensive Plan. Guiding principles have been established in the Comprehensive Plan to protect the stability of the Suburban Area and to provide a framework for neighborhoods and places that are visually interesting and that provide memorable character. The Plan’s primary guiding principle is to create “Great Neighborhoods,” and to support those neighborhoods with complementary non-residential uses in such a way that the stability of the Suburban Area is maintained in a sustainable way. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known cultural or natural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Independence Boulevard 39,300 ADT1 36,900 ADT 1 (LOS 3 “D”) No Change Anticipated2 1 Average Daily Trips 2 as defined by a Tattoo Parlor in 3 LOS = Level of Service an existing Shopping Center Anna Jean Salon and Boutique, LLC Agenda Item 10 PacketPage Pg. 3 271  6.M.a Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Independence Boulevard in the vicinity of this application is considered a four-lane divided major urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150 foot right-of-way. No roadway Capital Improvement Program projects are slated for this area. Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS Public Utility Impacts Water & Sewer The site is connected to City water & sanitary sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on December 11, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 2023. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.virginiabeach.gov/pc on January 4, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council’s public hearing on February 5, 2024 • The City Clerk’s Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on February 16, 2024. Anna Jean Salon and Boutique, LLC Agenda Item 10 PacketPage Pg. 4 272  Proposed Site Layout Anna Jean Salon and Boutique, LLC Agenda Item 10 PacketPage 273 Pg. 5 6.M.a Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS  Site Photos Anna Jean Salon and Boutique, LLC Agenda Item 10 PacketPage 274 Pg. 6 6.M.a Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS  Site Photos Anna Jean Salon and Boutique, LLC Agenda Item 10 PacketPage 275 Pg. 7 6.M.a Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS  Disclosure Statement Anna Jean Salon and Boutique, LLC Agenda Item 10 PacketPage 276 Pg. 8 6.M.a Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS  Disclosure Statement Anna Jean Salon and Boutique, LLC Agenda Item 10 PacketPage 277 Pg. 9 6.M.a Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS  Disclosure Statement Anna Jean Salon and Boutique, LLC Agenda Item 10 Packet Page 278 Pg.10 6.M.a Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS  Disclosure Statement Anna Jean Salon and Boutique, LLC Agenda Item 10 Packet Page 279 Pg.11 6.M.a Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS  Disclosure Statement Anna Jean Salon and Boutique, LLC Agenda Item 10 Packet Page Pg.1280 6.M.a Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS  Disclosure Statement Anna Jean Salon and Boutique, LLC Agenda Item 10 Packet Page 281 Pg.13 6.M.a Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS  6.M.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS 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 757-385-5692. • 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. Anna Jean Salon and Boutique, LLC Agenda Item 10 Page Packet Pg.14 282  In d 6.M.a ep e nd SC e nc d eB Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND oo ou hg lev ug B2 ar d ro In Th o d ep e nd e nc B2 e B2 B ou le va rd R ut rf o r ive he D R10 rd u lip R T oa d B2 Site Property Polygons Zoning Building Anna Jean Salon and Boutique, LLC 1637 Independence Boulevard, Suites A & B µ Feet Packet Pg. 283 0 15 30 60 90 120 150 180  6.M.a Virginia Beach Planning Commission January 10, 2024, Public Meeting Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS Agenda Item # 10 Anna Jean Salon & Boutique, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Application number 10, Anna Jean Salon and Boutique, LLC. Hello. Mr. Carr: Good afternoon. Ms. Cuellar: Could you please state your name for the record? Mr. Carr: Michael Carr. Ms. Cuellar: And are the conditions acceptable to you for this application? Mr. Carr: Yes, ma'am. Ms. Cuellar: Thank you very much. You may be seated. Mr. Carr: Thank you. Ms. Cuellar: Is there any opposition to this item being placed on the consent agenda? Hearing none, I have asked Commissioner Coston to read this item into the record. Mr. Coston: Thank you. This applicant is requesting a conditional use permit to operate a tattoo parlor, specifically for the application of permanent makeup known as microblading, within an existing beauty salon in the Bayside Crossing Shopping Center. Shopping center is located along Independence Boulevard on property zone B-2, Community Business District. According to the applicant, one additional employee is anticipated. No exterior changes to the building are proposed. We have taking the advice of staff and concurred and therefore, we placed it on the consent agenda. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it’s your day. Packet Pg. 284  6.M.a Madam Clerk: We're going to go ahead and do a verbal vote again since the system Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons: Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Packet Pg. 285  6.M.a Attachment: PLA - Anna Salon & Boutique, LLC (COMBINED) (3698 : ANNA JEAN SALON AND BOUTIQUE, LLC [Applicant] ROGERS Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1, 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23- 51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. Packet Pg. 286  ALLIENA WESTLEIGH / SAW CONTRACTING, INC FOR A CONDITIONAL USE PERMIT RE RESIDENTIAL KENNEL AT 5205 SHORE DRIVE DISTRICT 9 (DEFERRED FROM JANUARY 16, 2024) Adopted by the Council of the City of Virginia Beach, Virginia on the day of . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney’s Office Packet Pg. 287  6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Conditional Use Permit (Residential Kennel) for the property located at 5205 Shore Drive (GPIN 1469880062). COUNCIL DISTRICT 9 MEETING DATE: February 20, 2024 (Deferred January 16, 2024)  Background: At the January 16, 2024 City Council public hearing, City Council granted the applicant’s request to defer this item until the February 20th City Council meeting in order for the applicant to continue discussion with interested stakeholders on the proposal. The applicant is requesting a Conditional Use Permit for a residential kennel to house their five personal dogs within a 1,700 square foot residence. The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit for a Residential Kennel.  Considerations: All dogs will be kept inside the single-family dwelling, with only four dogs being allowed outside in the enclosed backyard at a time. No outdoor kennels are proposed and all dogs are vaccinated, microchipped, and registered according to the applicant. Since the applicant does not yet reside at the residence, Animal Control has not conducted a site visit. Three letters of support were received by Staff. There was one speaker in attendance at the Planning Commission public hearing who voiced concerns regarding a kennel within the neighborhood and the noise generated by five dogs within one home. In response, the Planning Commission modified Condition 1 to state that the applicant may have five dogs but once a dog is permanently removed from the home, it cannot be replaced with another dog. The applicant is aware of the amended condition and was agreeable to the change during the December 13th Planning Commission Hearing. This project was originally presented at the January 16th City Council Hearing. During that time, the applicant requested that the modification to Condition 1 as recommended by Planning Commission be removed and she be allowed to keep up to 5 dogs on the site permanently. The applicant has engaged with adjacent neighbors concerning her request to keep up to 5 dogs on site permanently and has received 22 signatures from adjacent neighbors and others in the community Packet Pg. 288  6.M.a Alliena Westleigh Page 2 of 2 Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] supporting her request. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached staff report.  Recommendation: On December 13, 2023, the Planning Commission passed a motion to recommend approval of this request by a vote of 9 to 0. 1. The Conditional Use Permit shall be limited to a maximum of five (5) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 6. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letters of Support (3) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 289  6.M.a Applicant Alliena Westleigh Agenda Item 6 Property Owner Saw Contracting, Inc Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Planning Commission Public Hearing December 13, 2023 City Council District 9 Request Conditional Use Permit (Residential Kennel) Staff Recommendation Approval Staff Planner Michaela McKinney Location 5205 Shore Drive GPIN 1469880062 Site Size 30,608 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling / R-30 Residential Surrounding Land Uses and Zoning Districts North Shore Drive Joint Expeditionary Base / I-2 Heavy Industrial South Single-family dwelling / R-30 Residential East Jack Frost Road Vacant lot/ R-20 Residential West Single-family dwelling / R-30 Residential Alliena Westleigh Agenda Item 6 PacketPage Pg. 1 290  6.M.a Background & Summary of Proposal Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] • The applicant is requesting a Conditional Use Permit for a Residential Kennel to house five personal dogs within the 1,700 square-foot residence in the Lake Shores neighborhood. The Zoning Ordinance allows up to four personal dogs on a property without a Conditional Use Permit. • The dogs will be kept indoors except for periods of relief and play in the fenced in backyard or daily walks. The applicant’s practice of permitting only four dogs outside at any given time and under supervision will continue should this proposal be approved. • No breeding of animals is proposed. There is no outdoor kennel or structure proposed with this request. • All animals are vaccinated, microchipped, and registered, per the applicant. No Zoning History Application Types CUP – Conditional Use Permit MDC – Modification of Conditions STC – Street Closure SVR – Subdivision Variance REZ – Rezoning MDP – Modification of Proffers FVR – Floodplain Variance LUP – Land Use Plan CRZ – Conditional Rezoning NON – Nonconforming Use ALT – Alternative Compliance STR – Short Term Rental Evaluation & Recommendation This request for a Conditional Use Permit for a Residential Kennel is acceptable. The property is located within the Suburban Area and the proposed use is considered an appropriate activity for this area. Section 223 of the Zoning Ordinance requires that kennel structures be at least 100 feet from the property line of any adjacent lot, except where animals are kept in soundproof, air‐conditioned buildings. There are no outdoor kennels proposed on this site, as all dogs living on the property will be housed inside the single‐family dwelling. The applicant has installed a six-foot tall wooden privacy fence on the southern portion of the property and a four-foot- tall privacy fence on the northern portion of the property to fully enclose the backyard. As previously indicated, only four dogs will be allowed outside at any given time to mitigate noise. Condition 6 is recommended to address this. Staff is recommending a condition to limit the number of dogs allowed on the property at any time to no more than 5 dogs as that is the number requested by the applicant. Staff also believes this will help reduce impacts to the adjacent residents. The applicant has also hired a company to treat the yard on a weekly basis to thoroughly remove waste. In addition, the applicant has hired pest services to come out to spray the yard and home for fleas and ticks. Alliena Westleigh Agenda Item 6 PacketPage Pg. 2 291  6.M.a Based on these considerations, Staff is recommending approval of this request subject to the conditions below. Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Recommended Conditions 1. The Conditional Use Permit shall be limited to a maximum of five (5) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 6. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 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. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area of Virginia Beach. The general planning principles for the Suburban Area focus on creating and maintaining “great neighborhoods” which are sustainable, stable, and supported by complementary non-residential uses. 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. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay Watershed. There are no known cultural or natural resources. Alliena Westleigh Agenda Item 6 PacketPage Pg. 3 292  6.M.a Traffic Impacts Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Street Name Present Volume Present Capacity Generated Traffic Shore Drive 23,450 ADT1 32,700 ADT 1 (LOS 4 “D”) Existing Land Use 2 – 10 ADT Proposed Land Use 3 – No Data Available Jack Frost Road 1,265 ADT1 9,900 ADT 1 (LOS 4 “D”) 1 Average Daily Trips 2 as defined by a single family 3 4 No information available in the LOS = Level of Service dwelling ITE Trip Generation Manual for dog kennels Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shore Drive in the vicinity of this application is considered a four-lane divided major suburban arterial. The Master Transportation Plan proposes a six-lane divided facility within a 150 foot right-of-way. Jack Frost Road in the vicinity of this application is a two-lane undivided local street and this street is currently in Phase 3 of the City’s Traffic Calming Program because of speeding on this roadway. Access to this property is from Jack Frost Road. It is not included in the MTP. No roadway CIP projects are slated for this area. Public Utility Impacts Water & Sewer This site connects to City water and sanitary sewer. Public Outreach Information Planning Commission • Two letters of support have been received by Staff noting the applicant’s passion for dogs and ability to provide a loving environment for the animals. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on November 13, 2023. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, November 29, 2023 and December 6, 2023. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on November 27, 2023. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of www.virginiabeach.gov/pc on December 7, 2023. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 6, 2024 and February 13, 2024. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council’s public hearing on February 5, 2024 Alliena Westleigh Agenda Item 6 PacketPage Pg. 4 293  6.M.a • The City Clerk’s Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on February 16, 2024. Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Alliena Westleigh Agenda Item 6 PacketPage Pg. 5 294  Proposed Site Layout Alliena Westleigh Agenda Item 6 PacketPage 295 Pg. 6 6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS]  Site Photos Alliena Westleigh Agenda Item 6 PacketPage 296 Pg. 7 6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS]  Site Photos Alliena Westleigh Agenda Item 6 PacketPage 297 Pg. 8 6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS]  Disclosure Statement Alliena Westleigh Agenda Item 6 PacketPage 298 Pg. 9 6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS]  Disclosure Statement Alliena Westleigh Agenda Item 6 Packet Page 299 Pg.10 6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS]  Disclosure Statement Alliena Westleigh Agenda Item 6 Packet Page 300 Pg.11 6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS]  Disclosure Statement Alliena Westleigh Agenda Item 6 Packet Page 301 Pg.12 6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS]  Disclosure Statement Alliena Westleigh Agenda Item 6 Packet Page Pg.1302 6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS]  Disclosure Statement Alliena Westleigh Agenda Item 6 Packet Page 303 Pg.14 6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS]  6.M.a Next Steps Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] • 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 757-385-5692. • 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. Alliena Westleigh Agenda Item 6 Page Packet Pg.15 304  I2 I2 Nider Boulevard Shore Driv Shore Drive e Shore D rive R30 R30 R30 Tern Road R20 R20 A18 A18 Tern Road a n e e afL R20 R20 L R20 R20 B2 Oak R10 Alliena Westleigh 5205 Shore Drive Site µ Property_Polygons Packet Pg. 305 Zoning Feet 6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, 0 50100 [PROPERTY INC200 OWNERS] 300 400 500 600 Building  6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Virginia Beach Planning Commission December 13, 2023, Public Meeting Agenda Item # 6 Alliena Westleigh RECOMMENDED FOR APPROVAL Madam Clerk: Agenda item number six is Alliena Westleigh, a conditional use permit request for a residential kennel at 5205 Shore Drive in District 9. Mr. Alcaraz: Hello, if you can just come forward, state your name. Ms. Westleigh: My name is Alliena Westleigh. Mr. Alcaraz: Just give us a summary of what you're trying to do here. Ms. Westleigh: Yes, so for this 5205 Shore Drive address, my plan and hope is to get my conditional use permit approved so that I can have my five personal pets on the premises with me and be in the legal confines of the city, which I know this limit is four for a property without the conditional use permit. I do know that having already applied to where I'm currently residing now, and that's the reason why I wanted to put the application in before I move my family into the premises. Mr. Alcaraz: Any questions for the applicant from the commissioners? Yes, Ms. Hippen. Ms. Hippen: Just out of curiosity, you've got five dogs. I have one dog and he's too attention seeking for me to have another. So, I say kudos to you for having that many, but how big are these dogs? Ms. Westleigh: So, my largest dog is 80 pounds, and he is full grown, that is the largest dog that I have. I have three females that range between 40 and 53 pounds and then I have the smallest being 18 pounds. He's a multi poo, that's my mom's companion dog. It's because of her that I need this permit, because she's moving with me, and her dog will be coming with her as well. All of them, like I said, they are personal dogs. Their ages range from 2 to 11. Ms. Hippen: Okay and so you're not like fostering anymore? Ms. Westleigh: No. So, with the property, and I know that's not in question today, with the 4512 property that I petitioned, I put the application in 2021, and it was Packet Pg. 306  6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] voted on in 2022. It was approved in February that year. That was when I was doing rescue work. So, I had my five personal dogs, and then I had four additional rescue dogs. They were not my personal dogs. They were being adopted out. They needed rehabilitation first. I put them through training. I am a certified trainer. I've gone to college for it. So, I was working with them and their behavioral issues that either could get corrected and they found new homes or was not corrected, and unfortunately, due to medical issues, they did have to be euthanized, which happened to one of the dogs. This year, I was found in violation of that conditional use permit. I was found in violation because my co-founder of the rescue that we started decided it was too much emotionally. She left. We lost our foster. So, the two dogs were placed in my home at the same time that I was going through legal issues with my father, who is the co-owner of the property that I'm at right now. Him and my mother are divorcing. So, it created a whole another scenario to where animal control was called, CPS was called, APS was called, the police department was called. It was a lot and all of it happened at the same time at the end of August, the beginning of September. Those two dogs have been transferred to another rescue. My rescue has been closed. I will not be doing rescue work. My business, which is separate, which is why the original conditional use permit that went in said 20 dogs was because I already had it created for when I find a location that's either an agricultural or in the B district so that I can do my training on site somewhere, that was already created. So, I just submitted that in because I wanted to be on the agenda so that I could be heard so that by time I moved into this property in January, my conditional use was approved, and I was already had everything I needed in place for that. I did put out a polling in the neighborhood asking, what their thoughts were if I did boarding or if I did training from my home and just changed my business license to include residential premises versus a facility because currently my business license covers me going to clients to train their dogs at their homes. I don't do any work at my personal home. The community was largely against it. So, when Miss Michaela reached out to me and said that their committee would say no for the commercial, but I could go forward with the residential, that's what I wanted anyways. So, I'm just like let's, yes, I want my five dogs, please. Let's move forward with the residential. I didn't want to postpone that any further. Because like I said, I'm hoping to have the handicapped renovations to this property done this month so that we can move in next month after the next hearing. Ms. Hippen: Thank you for clarifying that for us. I appreciate it. Packet Pg. 307  6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Mr. Alcaraz: Any other questions? Ms. Byler? Ms. Byler: So, I understand that you were found in violation earlier this year. How many dogs do you have right now? Ms. Westleigh: I have five dogs. At the time of the violation, I apologize for interrupting, at the time of the violation, the original nine that I requested in 2021 approved in 2022. I still had six of those dogs on the day of the violation. I had eight dogs on the premises. The two dogs that were not supposed to be there were fostered out the very next week. It took me that long to find a foster and the sixth dog was adopted out three months ago. So, my last information to the tag, the animal tags licensing department does have just the five dogs that I'm requesting now. Ms. Byler: So, I'm interested to know because you told me the age of your dog’s goes up to age 11 and you need this conditional use permit in order to have your mother's dog in your four. So, if you were to lose one of those five dogs, then you would be in compliance without the conditional use permit, would you be willing to give up the conditional use permit at that time and to only have it as long as you have the current five dogs, but then not add it? I don't even know if that could be done, but if it could be done, would you be willing to do that? Ms. Westleigh: If that is an imposed upon condition on me, then I will say yes, because I want to have my five dogs. However, that was the same condition on the other property, whereas the dogs left, the dog cannot be replaced, cannot be added in again, and at the time, currently where I'm at in my life right now, I'm not doing rescue work, I'm not doing foster work. I don't want to add another dog. I can't say I'll have that same feeling when Lucy or Pickles or Little Mama Mars or Bunny pass away that I won't want to replace that dog. Five's a number that I enjoy. They're just because of the, the love that they give me and that I can provide for them. Mr. Byler: Well, I hear that, and I understand that you're attached to these because they're your personal ones, but I also feel for your neighbors who have vocalized concern and I'd like to see you in compliance with the neighbors and all the rules that they have to comply with, which is four dogs. So, I'd like to see you at four and I wonder if you'd be willing to say when you lose Packet Pg. 308  6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] one of these five, then you would not get a fifth one and you would stay four under? Ms. Westleigh: If that makes the Council members happy, then yes, I will say that. Ms. Byler: Thank you. Mr. Alcaraz: Any other questions? Mr. Plumlee? Mr. Plumlee: Very quickly, are you -- you are not in any sort of dog breeding business or anything of that nature? Ms. Westleigh: No, sir. All of my dogs are rescues. All of my dogs are spayed and neutered. All of my dogs are current on their vaccinations. I actually had a letter from my vet submitted as well, showing the care of my animals. Mr. Plumlee: Thank you. Are you part of any rescue organization? Ms. Westleigh: Currently no, I am a desensitization trainer for several rescues. However, that is not onsite training. I go to their facilities where they're boarding their dogs and I work with them at their locations. Mr. Plumlee: But you're not recognized as taking dogs from any facilities in the area as part of their mission? Ms. Westleigh: No, sir. Mr. Plumlee: Thank you. Mr. Alcaraz: Any other questions? Ms. Wilson, what Ms. Byler's asking, how do you word that on a -- is it timed use permit? Ms. Wilson: I have a question, I read that there's a condition on many of the residential kennels. So why am I able to ask, answer how exactly we do that? Mr. Coston: We can use the similar conditions that we applied to her previous property that at the time of passing up one of her dogs that she cannot replace them to no more than four? Mr. Alcaraz: Okay. Packet Pg. 309  6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Mr. Coston: So, we can modify that condition. Mr. Alcaraz: All right, are there any speakers? There are, okay, just have a seat and we'll call you back up for rebuttal. Madam Clerk: Calling Deborah Parker. She's via WebEx. Mr. Alcaraz: Thank you. Ms. Parker, you there. Ms. Parker: Good afternoon members of the City Council. I'm opposed to her having this kennel in the lake shores community. We bought in this residential community like others in the neighborhood. We didn't buy in a business commercial district. You know, everyone buys their dream home, and they don't want to have a business, i.e., a kennel across the street. There were sections of the neighborhood that she could have bought in that are designated for this type of, such as for different usages, manufacturing you have in one section of the city, retail office buildings, residential and commercial properties are not combined and that's for a reason. The noise and the traffic versus the peace and the quiet we bought in the community for the peace and quiet. So, we're concerned about the noise. Commercial real estate is best located where there's high density traffic. So residential real estate is zoned away from the dangerous traffic and noise where people typically desire the quiet use of their property and to allow their children to play in the yard. We don't want the noise, the smell, et cetera from this property owner. I have questions as far as she said, she has four dogs. Are they spayed? Are they neutered? What is going to stop one of them from getting the females to get pregnant, which is going to add another dog on the property? So, what will she do at that point in time if that occurs? Also are you going to inspect the property? Is it going to be inspected to us, you know, on how many dogs she has? So those are my questions. I'm just concerned really about the upkeep. There is a lot of upkeep that goes along with having five animals even four, the property, you know, there's shots, there's the pickup, the feces, there's the barking, there's things like that that go with having all these animals and I know the city of Virginia Beach on section 23-63 does have an excessive noise or sound as a serious hazard to the public health welfare and peace and safety and the quality of life. So, we are concerned about that. There are sound levels too that go along with this as far as having these animals, there's a nighttime sound level and a daytime, and that is section 23.69. Packet Pg. 310  6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Mr. Alcaraz: Alright Ms. Parker, thank you. I got to ask, you've extended your time here, and I just need to ask any commissioners that have any questions for you. None. Where -- what is your address? Where do you live close by? Ms. Parker? Did you cut her off? Okay. Madam Clerk: She's at 5205 Turn Drive, Turn Road. You see Turn Road at the bottom there. She's just on the other side of that. Mr. Alcaraz: She's adjacent? Madam Clerk: No, she's in the next block, so on the south side of Turn Drive. Mr. Alcaraz: Okay. Any other speakers? All right, if you can come forward again, if you could answer some of those or rebut what she said, and then I have some commissioners might ask some more questions for you. Ms. Westleigh: I think the easiest one to address is all of my dogs are spayed and neutered. There's no chance of any of them getting pregnant or procreating. The next question that I think I heard she mentioned was the -- the kennel for a commercial area. I want a residential because I'm living there. My family is living there. My mother, my son, my husband, myself will be residing on the property. For the noise levels, I'm very well with the noise levels and ordinances are in Virginia Beach and because of that, because of when I went through it before, I wanted to ensure that my neighbors were happy. I actually do have decibel meters that I monitor regularly to make sure that I'm well within the ordinance and that I'm not exceeding it. Another thing that I do and that I will continue to do is when my dogs are in the yard, unless I have to quickly run to the restroom, they're going to have supervision while they're in the yard, that's just for their safety as well as my neighbor's. I know that I did speak to the individual that's right next to me on Shore Drive. Their family stated that they were okay with this, and they didn't have a problem with it. They've met a couple of my dogs actually and then; I believe that the individual that lives right behind me that would be on Jack Frost in the corner of Turn Road submitted an email stating that he was also for this. I did try and reach the neighbors that I guess would be touching the back corner of the property which would be on Turn. Every time I've gone by there, they're not there. However, I'm more than happy to give my numbers to the neighbors. If there's any an issue with any of my dogs, I'd like to answer it immediately when it happens, and I don't feel that Packet Pg. 311  6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] sound issue is going to be a problem considering that I monitor my dogs very regularly to make sure that they're not barking in a nuisance. Mr. Alcaraz: All right. Any questions, Mr. Plumlee? Mr. Plumlee: Just a couple of follow up. So, you indicated your mother lives with you and that's why you have this additional dog? Ms. Westleigh: Yes. Pickles is her dog. Mr. Plumlee: Okay. So, if your mother moves away, would you also give up the condition? In other words-- Ms. Westleigh: Then the fifth dog would be gone, so I'd be down to four. Mr. Plumlee: If the fifth dog's gone, so that could be part of, in other words, we could tie that specifically, you know, circumstances arise which may make that difficult if your mom can't move to a place that'll accept a dog or something like that, but if you accept that as a condition, I think that would help with the neighbor's concerns also. Ms. Westleigh: That if my mother moves, or if she moves. Mr. Plumlee: If she moves, then the dog goes with. Ms. Westleigh: So, I don't think I would agree with that condition considering that if my mom does move, she's probably going into a hospice home and unfortunately, I do believe that her dog is going to outlive her and I don't think at that point I would be able to separate from Pickles due to the emotional attachment that he had with my mother. Mr. Plumlee: But your representation is she lives with you today and that's why you have the dog? Ms. Westleigh: Yes, she's handicapped. She is under full time care. So that's why I said if she left the property, I don't think that she would be able to take the dog with her. The dog is hers, so I apologize if there is confusion. I maintain the veterinary bills for the dog. I maintain the shots for the dogs, the care for the dog, but it's her companion. I didn't mean to confuse that. Packet Pg. 312  6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] Mr. Alcaraz: Thank you. Ms. Wilson. Oh, you good? Anybody else? All right. Ms. Byler, did you want to make a motion with your, I guess? Ms. Byler: Thank you, Mr. Chair. I'd like to make a motion that the application be approved with the additional condition that if for any reason, one of the five dogs leaves the home, that another one not be brought in, and that she then become in compliance with the ordinary regulations and that she gives up the conditional use permit. Mr. Plumlee: Second. Mr. Alcaraz: All right. I have a motion from Ms. Byler, second by Ms. Plumlee. Ms. Wilson, does that sound right? Thank you. Madam Clerk: Can you please make that motion on your iPad? Mr. Alcaraz: Can you repeat it again? Ms. Byler: I make a motion that the application be approved with the additional condition that if for any reason one of the five dogs leaves the home that she become compliant with the current regulations and she gives up the conditional use permit so that she may not bring a fifth dog back. Ms. Westleigh: May I ask a question? Mr. Alcaraz: No, we're in voting. Sorry. Madam Clerk: The vote is open. By a vote of nine to zero, agenda item number six has been recommended for approval. Mr. Alcaraz: We voted for that with the revision. Is there a question? Ms. Westleigh: The question would just be, that doesn't stop me from in the future down the road if I have no dogs to reapply for an application, does it? Or is this like a permanent I can't reapply in the future period? Mr. Alcaraz: Can she apply again? Yes. Ms. Westleigh: Okay. Thank you. Packet Pg. 313  6.M.a Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson ABS Byler AYE Clemons AYE Coston AYE Cuellar AYE Estaris ABS Hippen AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. The Conditional Use Permit shall be limited to a maximum of five (5) adult dogs. At any such time if any of the dogs covered by this Conditional Use Permit are removed from this property for any reason, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). The applicant may keep up to four dogs as allowed by the Zoning Ordinance without a Conditional Use Permit. 2. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 3. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. There shall be no breeding of dogs on the site. 5. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 6. No more than four (4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. Packet Pg. 314  6.M.a Packet Pg. 315 Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS]  6.M.a From: nicholebaughan73@gmail.com Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] To: Michaela D. Mckinney Subject: 5205 Shore Drive Date: Friday, November 10, 2023 2:18:29 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Subject: Letter of Support for Alliena Westleigh’s Kennel Application I hope this message finds you well. I am writing to express my strong support for her application for a kennel license. Alliena has demonstrated a deep passion for animals, particularly dogs. Furthermore, she is highly organized, responsible, and attentive to detail, which are crucial qualities for the safe and efficient operation of a kennel. She has also shown great care and consideration for neighbors and the local community, actively addressing any concerns and maintaining open lines of communication. I have no doubt that she will manage the kennel with the highest standards of care, safety, and professionalism. Granting them this opportunity would not only benefit the dogs because we don’t need anymore homeless dogs but it is promoting responsible pet ownership and providing a loving environment for these animals. In conclusion, I wholeheartedly endorse Alliena’s application for a kennel license and believe she is exceptionally qualified for this role. Thank you for your time and consideration. Sincerely, Nichole Hatch Sent from my iPhone Packet Pg. 316  6.M.a From: Kara Rush Attachment: PLA - Alliena Westleigh (COMBINED) (3697 : ALLIENA WESTLEIGH [Applicant] SAW CONTRACTING, INC [PROPERTY OWNERS] To: Michaela D. Mckinney Subject: Alliena westleigh Date: Sunday, November 12, 2023 6:44:20 PM CAUTION: This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I was sending this email in regard to the kennel license for 5205 shore drive . I wanted to just let you know I am in favor of Miss. westleigh being approved for the application. Sent from my iPhone Packet Pg. 317