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 September 3, 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- 2:00 PM 1. ZERO WASTE AWARENESS WEEK Maury Hill, Chair – Virginia Beach Clean Community Commission Terry Stevens, Vice Chair – Virginia Beach Clean Community Commission (Requested by Vice Mayor Wilson and Council Members Berlucchi, Hutcheson, Ross-Hammond, Rouse and Schulman) 2. REVIEW OF THE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER 2:30 PM Lyndon Remias, City Auditor (Requested by Council Members Henley, Taylor and Wooten) II. CITY MANAGER'S BRIEFINGS 1. ECONOMIC DEVELOPMENT INVESTMENT PROGRAM (EDIP) 3:00 PM POLICY UPDATE AND PROPOSED SMALL BUSINESS GRANT PROGRAM Amanda Jarratt, Deputy City Manager 2. PENDING PLANNING ITEMS 3:30 PM Carrie Bookholt, Deputy Director – Planning III. COUNCIL LIAISON REPORTS 3:45 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:00 PM V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1. Motion to Recess to Closed Session VII. FORMAL SESSION - COUNCIL CHAMBER - 6:00 PM A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer B. INVOCATION Pastor Thomas Powell Calvary Church 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 AUGUST 13, 2024 2. INFORMAL AND FORMAL SESSIONS AUGUST 20, 2024 3. FORMAL SESSION AUGUST 27, 2024 H. MAYOR'S PRESENTATION 1. PROCLAMATION – Massoud Day Robert Jordan, Representative – Vets4NRF Chief Warrant Officer – United States Navy (Retired) Pastor, Author, Pod Cast Host – The Veterans Outlook Jazz Cannon, Spokesperson – Vets4NRF 2. PROCLAMATION – Childhood Cancer Awareness Month Patty Furco I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION Ordinance to AMEND City Code Section 21-230 re traffic calming Ordinance to AMEND various Federal Grant Programs administered by the Department of Housing and Neighborhood Preservation Ordinance to PROVIDE direction to the City Manager regarding the partnership with the Virginia Aquarium Foundation and AUTHORIZE a Cost Share Agreement re Facility Inspection Contract  Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of an unimproved right-of way adjacent to the rear of 317 45th Street Ordinance to AUTHORIZE temporary encroachments into a City-owned right-of-way known as Ocean View Avenue at the front of 4724 Ocean View Avenue re maintain an existing landscaping planting bed with timber border DISTRICT 9 Resolution to APPROVE the FY-2025 Performance Contract with the Commonwealth of Virginia and ACCEPT and APPROPRIATE $1,823,209 from the Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget re Mental Health, Developmental and Substance Use Disorders Ordinance to AUTHORIZE the City Manager to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Tourism Authority and ACCEPT and APPROPRIATE $100,000 donation from the Authority to the FY 2024-25 Cultural Affairs Operating Budget re development of the Hampton Roads African American Heritage Trail Guide and EXECUTE a Memorandum of Understanding (MOU) with Hampton Roads African American Heritage Trail, Inc. re fund the development of the Trail Guide Ordinance to ACCEPT and APPROPRIATE $22,500 from the Virginia Department of Historic Resources and to the FY 2024-25 Planning and Community Development Operating Budget and AUTHORIZE a $25,000 grant match re update up to five (5) National Registrar of Historic Places nominations Ordinance to ACCEPT and APPROPRIATE $4,280 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2024-25 Human Services Operating Budget and AUTHORIZE a $1,412.40 local match re Project of Assistance in Transitioning from Homelessness Program Ordinance to ACCEPT and APPROPRIATE $1,500 from the Virginia Department of Forestry to the FY 2024-25 Parks and Recreation Operating Budget and AUTHORIZE a $1,500 local match re Wesleyan Park Tiny Forest Project Ordinance to CARRY FORWARD and APPROPRIATE $6,463,792 into the FY 2024-25 Operating Budget re purposes previously approved in FY 2023-24 Ordinance to TRANSFER $8,441,844 to Capital Project 100291 “Operations Facilities Renovations” and APPROVE the Modification of a Construction Contract with MEB General Contractors for Buildings 3, 11 and 33 re address the prospective change order limitations provided by Virginia Code Section 2.2-4309(A) K. PLANNING THALIA PLAZA, LLC for a Conditional Change of Zoning from B-2 Community Business & R- 5D Residential Duplex District to Conditional B-4 Mixed Use Business District and a Variance to Section 4.4(b) of the Subdivision Regulations re redevelop two parcels and develop a 4-story mixed use building at 4317 Virginia Beach Boulevard and 216 North Fir Avenue DISTRICT 4 (Deferred from August 20, 2024) GREEN CLEAN HOLLAND, LLC / ALP & ALEX ASLAN for a Conditional Use Permit re car wash facility at 4245 Holland Road DISTRICT 10 (Deferred from August 20, 2024) DIAMOND FARROW / STAR REAL ESTATE, LLC for a Conditional Use Permit re assembly use at 4604 Pembroke Lake Circle, Suite 104 DISTRICT 9 (Deferred from August 20, 2024) L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE  ADVERTISING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT VIII. PUBLIC COMMENT/OPEN DIALOGUE ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************  7.J.a Packet Pg. 5 Attachment: Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming (4158 : Ordinance to Amend City Code Section 21-230  7.J.a Packet Pg. 6 Attachment: Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming (4158 : Ordinance to Amend City Code Section 21-230  7.J.a Packet Pg. 7 Attachment: Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming (4158 : Ordinance to Amend City Code Section 21-230  7.J.a Packet Pg. 8 Attachment: Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming (4158 : Ordinance to Amend City Code Section 21-230  7.J.a Packet Pg. 9 Attachment: Ordinance to Amend City Code Section 21-230 Pertaining to Traffic Calming (4158 : Ordinance to Amend City Code Section 21-230  7.J.a Packet Pg. 10 Attachment: Ordinance to Amend Various Federal Grant Programs Administered by the Department of Housing and Neighborhood Preservation  7.J.a Packet Pg. 11 Attachment: Ordinance to Amend Various Federal Grant Programs Administered by the Department of Housing and Neighborhood Preservation  7.J.a Packet Pg. 12 Attachment: Ordinance to Amend Various Federal Grant Programs Administered by the Department of Housing and Neighborhood Preservation  7.J.a Packet Pg. 13 Attachment: Ordinance to Amend Various Federal Grant Programs Administered by the Department of Housing and Neighborhood Preservation  7.J.a Packet Pg. 14 Attachment: Ordinance to Provide Direction to the CM regarding the City's Partnership with the Virginia Aquarium Foundation and authorize a  7.J.a Packet Pg. 15 Attachment: Ordinance to Provide Direction to the CM regarding the City's Partnership with the Virginia Aquarium Foundation and authorize a  7.J.a Packet Pg. 16 Attachment: Ordinance to Provide Direction to the CM regarding the City's Partnership with the Virginia Aquarium Foundation and authorize a  7.J.a Packet Pg. 17 Attachment: Ordinance to Provide Direction to the CM regarding the City's Partnership with the Virginia Aquarium Foundation and authorize a  7.J.a Packet Pg. 18 Attachment: Ordinance to Provide Direction to the CM regarding the City's Partnership with the Virginia Aquarium Foundation and authorize a  7.J.a Packet Pg. 19 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 334 sq. Ft. Portion of an Unimproved Right-  7.J.a Packet Pg. 20 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 334 sq. Ft. Portion of an Unimproved Right-  7.J.a Packet Pg. 21 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 334 sq. Ft. Portion of an Unimproved Right-  7.J.a Packet Pg. 22 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 334 sq. Ft. Portion of an Unimproved Right-  7.J.a Packet Pg. 23 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 334 sq. Ft. Portion of an Unimproved Right-  7.J.a Packet Pg. 24 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 334 sq. Ft. Portion of an Unimproved Right-  7.J.a Packet Pg. 25 Attachment: Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 334 sq. Ft. Portion of an Unimproved Right-  7.J.a Packet Pg. 26 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 27 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 28 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 29 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 30 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 31 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 32 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 33 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 34 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 35 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 36 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 37 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 38 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 39 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 40 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 41 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 42 Attachment: Ordinance to authorize Temporary Encroachments into a City-owned right-of-way known as Ocean View Avenue, located at the  7.J.a Packet Pg. 43 Attachment: Resolution to Approve a Contract with the Commonwealth of Virginia for Mental Health, Developmental, and Substance Use  7.J.a Packet Pg. 44 Attachment: Resolution to Approve a Contract with the Commonwealth of Virginia for Mental Health, Developmental, and Substance Use  7.J.a Packet Pg. 45 Attachment: Resolution to Approve a Contract with the Commonwealth of Virginia for Mental Health, Developmental, and Substance Use  7.J.a Packet Pg. 46 Attachment: Ordinance?Authorizing the City Manager to Execute a Memorandum of Understanding with the Virginia Tourism Authority to Fund  7.J.a Packet Pg. 47 Attachment: Ordinance?Authorizing the City Manager to Execute a Memorandum of Understanding with the Virginia Tourism Authority to Fund  7.J.a Packet Pg. 48 Attachment: Ordinance?Authorizing the City Manager to Execute a Memorandum of Understanding with the Virginia Tourism Authority to Fund  7.J.a Packet Pg. 49 Attachment: Ordinance?Authorizing the City Manager to Execute a Memorandum of Understanding with the Virginia Tourism Authority to Fund  7.J.a Packet Pg. 50 Attachment: Ordinance?Authorizing the City Manager to Execute a Memorandum of Understanding with the Virginia Tourism Authority to Fund  7.J.a Packet Pg. 51 Attachment: Ordinance?Authorizing the City Manager to Execute a Memorandum of Understanding with the Virginia Tourism Authority to Fund  7.J.a Packet Pg. 52 Attachment: Ordinance to Accept and Appropriate Grant Funds from the Virginia Department of Historic Resources and to Authorize a Grant  7.J.a Packet Pg. 53 Attachment: Ordinance to Accept and Appropriate Grant Funds from the Virginia Department of Historic Resources and to Authorize a Grant  7.J.a Packet Pg. 54 Attachment: Ordinance to Accept and Appropriate Funds to Support the Project of Assistance in Transition from Homelessness Program and to  7.J.a Packet Pg. 55 Attachment: Ordinance to Accept and Appropriate Funds to Support the Project of Assistance in Transition from Homelessness Program and to  7.J.a Packet Pg. 56 Attachment: Ordinance to Accept and Appropriate Funds from the Virginia Department of Forestry’s Virginia Trees for Clean Water Grant  7.J.a Packet Pg. 57 Attachment: Ordinance to Accept and Appropriate Funds from the Virginia Department of Forestry’s Virginia Trees for Clean Water Grant  7.J.a Packet Pg. 58 Attachment: Ordinance to Carry Forward and Appropriate $6,463,792 for Purposes Previously Approved in FY 2023-24 into the FY 2024-25  7.J.a Packet Pg. 59 Attachment: Ordinance to Carry Forward and Appropriate $6,463,792 for Purposes Previously Approved in FY 2023-24 into the FY 2024-25  7.J.a Packet Pg. 60 Attachment: Ordinance to Carry Forward and Appropriate $6,463,792 for Purposes Previously Approved in FY 2023-24 into the FY 2024-25  7.J.a Packet Pg. 61 Attachment: Ordinance to Carry Forward and Appropriate $6,463,792 for Purposes Previously Approved in FY 2023-24 into the FY 2024-25  7.J.a Packet Pg. 62 Attachment: Ordinance to Transfer $8,441,844 to Capital Project 100291, “Operations Facilities Renovations” and to Approve the Modification of  7.J.a Packet Pg. 63 Attachment: Ordinance to Transfer $8,441,844 to Capital Project 100291, “Operations Facilities Renovations” and to Approve the Modification of  7.J.a Packet Pg. 64 Attachment: Ordinance to Transfer $8,441,844 to Capital Project 100291, “Operations Facilities Renovations” and to Approve the Modification of  THALIA PLAZA, LLC FOR A CONDITIONAL CHANGE OF ZONING FROM B-2 COMMUNITY BUSINESS & R-5D RESIDENTIAL DUPLEX DISTRICT TO CONDITIONAL B-4 MIXED USE BUSINESS DISTRICT AND A VARIANCE TO SECTION 4.4(B) OF THE SUBDIVISION REGULATIONS RE REDEVELOP TWO PARCELS AND DEVELOP A 4-STORY MIXED USE BUILDING AT 4317 VIRGINIA BEACH BOULEVARD AND 216 NORTH FIR AVENUE DISTRICT 4 (DEFERRED FROM AUGUST 20, 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. 65  7.K.a Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THALIA PLAZA, LLC [Applicant & Property Owner] Conditional Rezoning (B-2 Community Business & R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 4317 Virginia Beach Boulevard & 216 N. Fir Avenue (GPIN 1477857194, 1477857096). COUNCIL DISTRICT 4 (Ross-Hammond) MEETING DATE: September 3, 2024 (Deferred at the August 20, 2024 CC Hearing)  Background: The applicant is requesting to rezone approximately 0.44-acres from B-2 Community Business District and R-5D Residential District to Conditional B-4 Mixed Use District to redevelop two parcels with a mixed-use development consisting of retail and 8 multi-family dwelling units. A Subdivision Variance to the lot width and street line frontage requirements for the B-4 Mixed-Use District is also being requested. The property is located between the Pembroke Strategic Growth Area (SGA) and the Rosemont Strategic Growth Area (SGA) and while the property is not located within an SGA the applicant has designed the property to adhere to the SGA’s development guidelines, specifically the Special Area Development Guidelines for Urban Areas. A deviation to the setbacks is being requested to adhere to the reduced setbacks allowed in the SGAs with a front yard setback of 10 feet and side yard setback adjacent to the street of 5 feet. The property will be developed with a 4-story mixed-use building. The first floor will have retail space with the second and third floors developed with 8, two-bedroom residential units (four apartments per floor). The fourth floor will provide amenity space for residents, including a recreation room and storage space. A 683-square- foot roof deck is also proposed as additional amenity space. The exterior façade will consist of a neutral color palette and at its tallest point the building will be 44 feet and 6 inches in height; however, the proposed rear building height adjacent to neighboring residences is 33 feet and 6 inches meeting the 35- foot maximum height requirement for within 100 feet of a residential district. All parking is met on site. Additionally, the site meets all landscaping requirements to include street frontage, building foundation, and interior parking lot landscaping, as well as a 15-foot-wide buffer with Category IV plantings along the southern and southeastern property line facing adjoining residential properties and a 10-foot- wide Category I landscape buffer along the eastern property line. Packet Pg. 66  7.K.a Thalia Plaza, LLC Page 2 of 4 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 A Subdivision Variance is requested for the deficiency in lot width and street line frontage. 200 feet of lot width and 160 feet of street line is required, where only 120 feet is provided for both. Additionally, the applicant is requesting a deviation to the lot area requirements through the provisions of Section 107(i) of the Zoning Ordinance. The required minimum lot area is 40,000 square feet in the B-4 Mixed District for this type of development and the proposed lot area is 19,234 square feet.  Considerations: The proposal will contribute to the quality of the surrounding area by replacing a vacant restaurant building with a new building that reflects the recommendations for the Strategic Growth Areas (SGAs), the Special Area Development Guidelines for Urban Areas as well as the Inland Study Area: Pembroke to Rosemont outlined in the Commercial Area Pattern Book. The variance requests to lot width and street line frontage requirements are compliant with the conditions of Section 9.3 of the Subdivision Regulations and consistent with the Comprehensive Plan’s vision for the Suburban Area. Staff and the Planning Commission concurred that the deviations to the lot area, setbacks, and variance request to lot width and street line frontage are acceptable, as the use will not negatively impact surrounding properties but rather will improve the aesthetics of the site with a development that provides not only retail opportunities for neighboring properties but quality housing for citizens of Virginia Beach. The Conceptual Site Layout Plan submitted to the Planning Commission displayed a 22-foot-wide entrance along N. Fir Avenue. This does not meet the Public Works Design Standards Manual which requires a width of 30 feet at the point of tangent in the entrance. The applicant, as noted in the Staff Report, made plans to revise the plan between Planning Commission and City Council to ensure that the commercial entrance is in full compliance with the Public Works Design Standards. The plan was updated to meet this requirement, is included as an attachment, and was submitted prior to the proffer deadline of 10 days prior to City Council. To address concerns from the community regarding privacy for the adjacent residential properties, the applicant has provided a revised exhibit (dated 8/21/2024) showing a six-foot tall privacy fence along the southern line and on a portion of the southeastern property lines adjacent to the single-family residences. No other changes to the plan have been made. The revised plan and proffers were submitted to staff on 8/22/2024 before the proffer deadline of 10 days before City Council. Further details pertaining to the application, as well as Staff’s evaluation, are provided in the attached Staff Report. One letter of opposition was received from an adjacent property owner with concerns regarding how the development will affect their property values. Packet Pg. 67  7.K.a Thalia Plaza, LLC Page 3 of 4 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 10 to 0. PROFFERS Proffer 1: When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, dated 03/13/2024 07/12/2024, 8/21/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Concept Plan”), and is incorporated herein by reference. Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Building and Elevations”), and is incorporated herein by reference. Proffer 3: There will be no more than one (1) enclosed building as depicted on the Concept Plan. Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen (14) feet. Proffer 5: When the Property is developed, the rear yard of the Property will utilize a 15’ Category IV landscaping buffer and the eastern border of the Property will utilize a 10’ Category I landscaping buffer. Proffer 6: When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Packet Pg. 68  7.K.a Thalia Plaza, LLC Page 4 of 4 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditions for Subdivision Variance 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, prepared by Orbis Landscape Architecture, dated March 13, 2024 July 12, 2024,August 21, 2024 a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan, the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20) feet.  Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letter of Opposition (1) REVISED Conceptual Site Layout plan dated 08.21.24 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 69  7.K.a Applicant & Property Owner Thalia Plaza, LLC Agenda Items 2&3 Planning Commission Public Hearing July 10, 2024 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 City Council District 4 (Ross-Hammond) Request Conditional Rezoning (B-2 Community Business & R-5D Residential Duplex District to Conditional B-4 Mixed Use Business District) Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 4317 Virginia Beach Boulevard & 216 N. Fir Avenue GPINs 1477857194, 1477857096 Site Size 0.44 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant retail building, Single-family dwelling / B-2 Community Business, R-5D Residential Surrounding Land Uses and Zoning Districts North Virginia Beach Boulevard Retail, Automobile Repair Garage / B-2 Community Business South Single-family dwelling / R-5D Residential East Office, single-family dwellings / O-1 Office, R-5D Residential West N. Fir Avenue Religious Use/ R-5D Residential Thalia Plaza, LLC Agenda Items 2 & 3 Page 1 Packet Pg. 70  7.K.a Background & Summary of Proposal Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 • The applicant is requesting to rezone approximately 0.44-acres (19,234 square feet) from B-2 Community Business District and R-5D Residential District to Conditional B-4 Mixed Use District to redevelop two parcels with a mixed-use development consisting of retail and eight multi-family dwelling units. The applicant is also requesting a Subdivision Variance to the lot width and street line frontage requirements for the B-4 Mixed Use District. • The property is located on the southeast corner of the intersection of Virginia Beach Boulevard and N. Fir Avenue between the Pembroke Strategic Growth Area (SGA) and the Rosemont Strategic Growth Area (SGA). While the property is not located within an SGA, the applicant has designed the property to adhere to SGA’s development design guidelines, specifically the Special Area Development Guidelines for Urban Areas. • The Special Area Development Guidelines for Urban Areas include design recommendations that address setbacks, building location, access and circulation, parking areas, landscaping, natural features, stormwater management as landscaping features, lighting, signs, and outdoor art. A summary of how the proposal addresses each guideline is provided below in the Evaluation section of this report. • The site will be developed with a four-story mixed-use building. The first floor will be used for retail space and will house the main lobby to include an elevator, stairs, and atrium. The second and third floors will be developed with eight, two-bedroom residential units (four apartment units per floor) and the fourth floor will provide amenity space for the residents, including a recreation room and storage space. A 683-square-foot roof deck is also proposed as additional amenity space for the residents. • As depicted on the proffered building elevations, the exterior façade will consist of a neutral color palette with brick veneer, fiber cement wall panels, and glass. At the tallest point, the building will be 44 feet and six inches in height; however, the proposed rear building height adjacent to the neighboring residences, is 33 feet and six inches, meeting the 35-foot maximum height required within 100 feet of a residential district. • The conceptual site plan depicts a total of 26 parking spaces. Per the Zoning Ordinance, one space for 250 square feet is required for the retail use. With 2,500 square feet of floor area, 10 spaces are provided, as required. Also, two parking spaces are provided for each unit of the eight apartment units, thereby meeting the parking requirement with 16 spaces. As required, per Section 203(b)(12) of the Zoning Ordinance, five bicycle spaces are required for this development and eight bicycle spaces have been provided, exceeding this requirement by three bicycle spaces. • As proffered, the Conceptual Site Plan shows the required street frontage, building foundation, and interior parking lot landscaping. The plan also depicts a 15-foot-wide buffer with Category IV plantings along the southern and southeastern property lines to screen the site from the adjoining residential properties, as well as a 10-foot-wide Category I landscape buffer along the eastern property line adjacent to the O-1 Office zoned property. • A Subdivision Variance is requested for the deficiency in lot width and street line frontage. The applicant is also requesting a deviation to the lot area requirements through the provisions of Section 107(i) of the Zoning Ordinance. Required Proposed Required Proposed Required Proposed Proposed Lots Minimum Lot Street Line Street Line Minimum Lot Area (interior lot line to be vacated) Lot Width Width Frontage Frontage Lot Area (square feet) (feet) (feet) (feet) (feet) (square feet) 4317 Virginia Beach Boulevard 200 120* 160 120* 40,000 19,234* 216 N. Fir Avenue *Variance/Deviation Requested Thalia Plaza, LLC Agenda Items 2 & 3 Page 2 Packet Pg. 71  7.K.a • A Phase I Environmental Site Assessment (ESA) was provided by Map Environmental Inc, dated April 12, 2024. The Phase I Environmental Site Assessment revealed that there are no current or pending environmental enforcement activities on the property, as well as no evidence of Recognized Environmental Conditions (REC), Historical Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Recognized Environmental Conditions (HRECs), Controlled Recognized Environmental Conditions (CRECs), and Vapor Encroachment Conditions (VECs) on this property. It was determined that based on Map Environmental Inc findings the subject property does not pose a significant risk to human health or the environment. 1 Zoning History # Request 1 CUP (Automobile Repair Garage) Approved 06/20/2018 CUP (Automotive Repair) Approved 07/10/2012 2 3 CUP (Automobile Service Station) Approved 01/25/1994 REZ (RS-4 & T-2 to CG-1) Approved 07/08/1963 2 CUP (Church Expansion) Approved 07/02/2002 CUP (Church) Approved 09/08/1998 CUP (Church) Approved 05/22/1978 3 CRZ (R-5D to Conditional O-1) Approved 03/25/1997 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 requests to conditionally rezone these parcels, totaling 0.44-acres, from B-2 Community Business and R-5D Residential to Conditional B-4 Mixed Use District for the construction of a mixed-use development with retail and multi- family dwellings, as well as a Subdivision Variance to lot area, lot width, and street line frontage, are acceptable. In Staff’s opinion, the proposal will contribute to the quality of the surrounding area by replacing a vacant restaurant building with a new building that reflects the recommendations for the Strategic Growth Areas (SGAs) and the Special Area Development Guidelines for Urban Areas. Given that the property is highly visible along Virginia Beach Boulevard and is in close proximity to the Pembroke SGA to the west and the Rosemont SGA to the east, the applicant ensured that the elements of building design, site layout, pedestrian orientation, and landscaping were at the forefront of the planning process for this development. Although the site is not within an SGA, the applicant worked with Staff to provide a site layout and building design that contributes to an overall consistent character throughout this corridor and that would serve as a link between the two SGAs. The applicant is requesting a deviation to the front yard and side yard setbacks to align with the recommendations of the SGA to which Staff is amendable to the deviation request since the property is located within the approximately 0.5 mil gap between the two SGAs. As stated previously, the Special Area Development Guidelines for the Urban Area, adopted by reference, as part of the Comprehensive Plan’s Reference Handbook was used in the development of this site proposal. A summary of how the project addresses each guideline is provided below: Thalia Plaza, LLC Agenda Items 2 & 3 Page 3 Packet Pg. 72  7.K.a Setbacks and Building Location – This Guideline recommends buildings be placed close to the pedestrian street and that parking, loading, and service areas are sufficiently screened from view of the public right-of way. While the provisions of Section 283 which allow for reduced setbacks for properties located within an SGA that adhere to the design features Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 outlined in Section 283 (c) do not apply to the subject property, staff is supportive of the requested deviations to the front and side-yard setback since the site is located within the 0.5-mile gap between the Pembroke and Rosemont SGAs. All setback requirements have been met. Access and Circulation – This Guideline addresses the ease by which one can leisurely walk throughout the area whereby reliance on automobiles is reduced. The site layout for this project is designed to allow pedestrians to easily enter and exit the site and the building using the sidewalks. There are existing sidewalks along Virginia Beach Boulevard and N. Fir Avenue. The sidewalks along N. Fir will be at least 5-feet wide and will be extended to the southern property line of the proposed development. Bicycle spaces have also been provided on-site. Parking Areas – As indicated in this Guideline, parking areas should not dominate the frontage of streets. Off-street parking areas should be located behind or on the side of buildings and should create an internal circulation network that minimizes or eliminates curb cuts. To address this Guideline, the parking lot for this development is located behind the building with several spaces provided under the building overhang. There is an existing ingress/egress point along Virginia Beach Boulevard and two ingress/egress points along N. Fir Avenue for these existing lots. To increase pedestrian and vehicular safety and to comply with the guidelines for the SGA, only one ingress/egress point will be provided for this development, along N. Fir Avenue, reducing ingress/egress access points from three to one. Landscaping – This Guideline emphasizes the need for quality landscaping to be provided in the built urban environment. The Conceptual Site Plan depicts the required building foundation, street frontage, and interior parking lot plants. As required by the Zoning Ordinance, a 15-foot-wide Category IV buffer is proposed along the southern and southeastern property lines adjacent to the adjoining residential properties and a 10-foot-wide Category I buffer provided adjacent to the O-1 parcel to east. Natural Features – This Guideline recommends that undisturbed natural areas and important natural features be identified during the design process. Since this is a relatively small site which contains a significant amount of existing impervious cover, the proposed redevelopment does not include retention of the existing undisturbed natural areas; however, the proposed development does include a substantial amount of new landscaping as previously described. Stormwater Management as Landscaping Features – This Guideline encourages stormwater retention and detention systems be designed as open space or landscape amenities. As depicted on the plan, a stormwater vault is proposed on this site to address water quality and quantity on site, as well as the purchase of nutrient credits, instead of a typical stormwater BMP. The proposed stormwater vault will be approximately 7-feet deep with only about 2.5 feet of exposed wall at the sidewalk. The structure will be constructed of concrete and from the sidewalk level is intended to function as a seat wall. Lighting – This Guideline indicates that site lighting be designed to reduce light trespass and glare. The proposed site is deemed to be consistent with the lighting guidelines, as lighting is proposed to reduce glare and trespass as noted in Proffer 4. A Photometric lighting plan will be required during site plan review to ensure the proposed lighting satisfies the requirements of Sections 252 and 254 of the Zoning Ordinance. Signs – As indicated in this Guideline, signs should primarily serve to identify the name, street number and nature of a business. The color and theme of signs should be consistent with the primary building and surrounding area and should be in compliance with the Zoning Ordinance. While the retail tenants have not be finalized as this time, all proposed signage must adhere to the requirements set forth in the Zoning Ordinance. There is no freestanding signage proposed for this development. Thalia Plaza, LLC Agenda Items 2 & 3 Page 4 Packet Pg. 73  7.K.a Outdoor Art – This Guideline encourages the incorporation of outdoor art into the overall design of a project. The proposed Conceptual Layout Plan does not indicate any outdoor art for this site at this time. Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 In sum, the applicant revised the plan to pull the building closer to the street and relocated the parking areas behind the building, so that parking is not a prominent feature seen from Virginia Beach Boulevard. In addition, the applicant submitted a quality landscape plan depicting the required 15-foot wide Category IV buffering adjacent to the residential properties to the southern and southeastern property lines, as well as a 10-foot wide Category I buffer adjacent to the office uses to the east; minimized unnecessary curb cuts along Virginia Beach Boulevard and N. Fir Avenue; and eliminated parking between the building and the street, ultimately enhancing the view from the public right-of-way. As presented, Staff believes these topics have been addressed in an acceptable manner through a logical site layout with improved ingress/egress, quality architecture, and landscaping. Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff finds the variance requests to the lot width and street line frontage requirements to be compliant with the conditions of Section 9.3 of the Subdivision Regulations and consistent with the Comprehensive Plan’s vision for the Suburban Area. In the B-4 Mixed Use Zoning District, a minimum 100 feet of lot width and 80 feet of street line frontage is required for commercial developments; however, since this property will be developed with retail and multi-family dwellings, the most stringent regulations shall apply. Multi-family dwellings within the B-4 Mixed-Use District requires a minimum 200 feet of lot width and 160 feet of street line frontage. This property is deficient by 80 feet of lot width and 40 feet of street line frontage. In addition, the applicant is requesting a deviation to the required lot area requirements through the provisions of Section 107(i) of the Zoning Ordinance, which allows City Council to grant deviations if “for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties.” Per the Zoning Ordinance, 40,000 square feet of lot area is required for multifamily developments in the B-4 Mixed-Use District. As required by Section 4.1(j) of Subdivision Regulations, street intersections shall be rounded with a minimum radius of twenty feet. The corner rounding shown at the northwest corner reduces the lot area by 86 square feet. With the corner rounding, the subject site will have a lot size of 19,234 square feet (.44-acres), which is just shy of the 20,000 square foot minimum lot area required for commercial development in the B-4 Mixed-Use District. In Staff’s view, the deviation to the lot area, the front yard and side yard setbacks, and variances to the lot width and street line frontage requirements are acceptable. Staff believes that while the site may be deficient in the lot area, front and side yard setbacks, lot width, and street line frontage requirements, the site does align with many of the key components of the Special Area Development Guidelines for Urban Areas and the City’s Zoning Ordinance, as the site utilizes a lot coverage percentage of 69.3% which is below the 75% maximum, all parking is met on site for both the retail businesses and the multi-family dwellings, and the site provides the required landscape buffering adjacent to both the residential properties to south and the office use to the east. While the site does not meet the dimensional Thalia Plaza, LLC Agenda Items 2 & 3 Page 5 Packet Pg. 74  7.K.a requirements that are more stringent for multi-family dwellings, the development does comply with the less stringent requirements for lot width and street line frontage for commercial developments and is only short 766 square feet of the minimum lot area requirement for commercial developments. Similarly, since this is a redevelopment project for Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 existing parcels, the applicant is limited by the dimensions and characteristics of the existing parcels. These deviations, in Staff’s opinion, will not negatively impact surrounding properties but rather will improve the aesthetics of the site with a development that provides not only retail opportunities for neighboring properties but quality housing for citizens of Virginia Beach. Information provided by the Virginia Beach City Public School Staff indicates that the anticipated increase in student enrollment due to the new dwelling units will be minimal with only a total of two students: one student at the elementary school level and one student at high school level. The increase in student population will be below maximum occupancy levels. Based on this, the proposal is not expected to negatively impact the school population. It is the opinion of the city’s Traffic Engineering Staff that the traffic generated by the proposed development will result in 190 average daily trips. According to Public Works staff, Virginia Beach Boulevard and N. Fir Avenue have adequate capacity to support the proposed development. The proposed access point along N. Fir Avenue must meet the Public Works Design Standards Manual (PWDSM) for a commercial entrance. Section 3.9.C of the PWDSM states “Commercial entrances will have a width of 30 feet at the point of tangent in the entrance”. The proposed conceptual site plan shows an entrance width of only 22 feet. To address this, the applicant will revise the plan between Planning Commission and City Council to ensure that the commercial entrance is in full compliance with the Public Works Design Standards. This site is located in the Chesapeake Bay watershed and a narrative was provided by the applicant that indicates the intention to address water quality and quantity through a structural stormwater vault and the purchase of nutrient credits. An in-depth review of the stormwater management strategy will occur during the site plan review process to ensure compliance with all stormwater regulations and that no negative impacts will occur upstream or downstream as a result of this development. Based on these considerations above, Staff recommends approval of these requests subject to the proffers and conditions 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: When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, dated 03/13/2024 07/12/2024 8/21/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Concept Plan”), and is incorporated herein by reference. Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Building and Elevations”), and is incorporated herein by reference. Proffer 3: There will be no more than one (1) enclosed building as depicted on the Concept Plan. Thalia Plaza, LLC Agenda Items 2 & 3 Page 6 Packet Pg. 75  7.K.a Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 be erected any higher than fourteen (14) feet. Proffer 5: When the Property is developed, the rear yard of the Property will utilize a 15’ Category IV landscaping buffer and the eastern border of the Property will utilize a 10’ Category I landscaping buffer. Proffer 6: When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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 for SVR 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, prepared by Orbis Landscape Architecture, dated March 13, 2024 July 12, 2024 August 21, 2024, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan, the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20) 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. Thalia Plaza, LLC Agenda Items 2 & 3 Page 7 Packet Pg. 76  7.K.a 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. Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the “Suburban Area”. Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive. The Plan’s primary guiding principle for the Suburban Area is to create “Great Neighborhoods”, and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Based on the Comprehensive Plan Policy Document, a mixed-use development at this location within the Suburban Area is compatible with recommendations (pg.1-60). The adjacent residential subdivisions currently have a mix of single- family dwellings and apartment complexes. This mixed-use commercial and residential development would be compatible with the surrounding area, as it is abiding by SGA’s development design guidelines. The location of the property along Virginia Beach Boulevard, is in close proximity to Pembroke SGA and the Rosemont SGA, and connection to the future VB Trail from N. Fir Avenue, the design to have human-scaled street frontages and well-planned sidewalks are supported by the Comprehensive Plan Recommendations. Natural & Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 41,450 ADT1 74,000 ADT 1 (LOS 4 “D”) Existing Land Use 2 –160 ADT Proposed Land Use 3 – 190 ADT N. Fir Avenue No Data Available 9,900 ADT 1 (LOS 4 “D”) 1 Average Daily Trips 2 as defined by a 1,540 square 3 4 as defined by 2,500 square feet of LOS = Level of Service foot restaurant retail space and 8 apartment units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Blvd is an eight-lane major urban arterial road in the vicinity of this site with an approximate right-of-way width of 150 feet. The MTP shows an eight-lane major arterial with an ultimate right-of-way width of 155 feet. N. Fir Avenue is a two-lane local roadway. There are no CIP Projects scheduled in the vicinity of this site. Active Transportation Plan The Active Transportation Plan recommends the incorporation of a shared-use path along Virginia Beach Boulevard. According to the Plan, shared use paths are typically 11-feet wide or greater and provide a physical buffer from vehicle traffic. Thalia Plaza, LLC Agenda Items 2 & 3 Page 8 Packet Pg. 77  7.K.a Public Utility Impacts Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Water & Sewer There are an existing water and sanitary sewer mains along Virginia Beach Boulevard and N. Fir Avenue. The proposed mix use building will need separate metering for residential and commercial. Water and sanitary sewer must be verified and improved, if necessary, so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Thalia Elementary 577 students 621 students 1 student 1 student Independence Middle 1,189 students 1,204 students 0 students 0 students Princess Anne High 1,713 students 1,599 students 1 student 1 student 1 “Generation” represents the number of students that the development will add to the school. 2 “change” represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. While the property is not located in the Thalia Civic League, the applicant’s representative reached out to the Thalia Civic League, as the site is in close proximity to the civic league boundary. While The Thalia Civic League did not have any objections to the proposed development, concerns were raised concerns regarding the graffiti on the existing vacant building which the applicant addressed immediately. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 10, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 26, 2024 and July 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 June 24, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 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 August 22, 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 August 30, 2024. Thalia Plaza, LLC Agenda Items 2 & 3 Page 9 Packet Pg. 78  Topographic Survey – Existing Conditions Thalia Plaza, LLC Agenda Items 2 & 3 Page 10 7.K.a Packet Pg. 79 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Proposed Conceptual Site Layout Thalia Plaza, LLC Agenda Items 2 & 3 Page 11 7.K.a Packet Pg. 80 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Proposed Building Elevations Thalia Plaza, LLC Agenda Items 2 & 3 Page 12 7.K.a Packet Pg. 81 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Proposed Building Elevations Thalia Plaza, LLC Agenda Items 2 & 3 Page 13 7.K.a Packet Pg. 82 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Site Photos Thalia Plaza, LLC Agenda Items 2 & 3 Page 14 7.K.a Packet Pg. 83 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Site Photos Thalia Plaza, LLC Agenda Items 2 & 3 Page 15 7.K.a Packet Pg. 84 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Disclosure Statement Thalia Plaza, LLC Agenda Items 2 & 3 Page 16 7.K.a Packet Pg. 85 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  Disclosure Statement Thalia Plaza, LLC Agenda Items 2 & 3 Page 17 7.K.a Packet Pg. 86 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  X Disclosure Statement 8/22/2024 Marchelle L. Coleman Thalia Plaza, LLC Agenda Items 2 & 3 Page 18 7.K.a Packet Pg. 87 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  7.K.a Next Steps Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 • 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. Thalia Plaza, LLC Agenda Items 2 & 3 Page 19 Packet Pg. 88  7.K.a Virginia Beach Boulevard Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Thalia Ro ad B2 B2 Fir Avenue B2 O1 R5D B2 R5D R5D Site Property Polygons Zoning Building Thalia Plaza, LLC 4317 Virginia Beach Boulevard & 216 N. Fir Avenue μ Feet Packet Pg. 89 0 1020 40 60 80 100 120  7.K.a Packet Pg. 90 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property  7.K.a Packet Pg. 91 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  7.K.a Packet Pg. 92 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  7.K.a Packet Pg. 93 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  7.K.a Packet Pg. 94 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  7.K.a Packet Pg. 95 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  7.K.a Packet Pg. 96 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2  7.K.a Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 2 & # 3 Thalia Plaza, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Alcock: Yeah, agenda items #2 and #3 Thalia Plaza, LLC, a conditional rezoning request for a B2 community business district, and R-5 residential duplex district to conditional B-4 mixed use business district, and subdivision variance section 4.4B of the subdivision regulations at 4317 Virginia Beach Boulevard, and 216 North Furr Avenue in District 4. Mr. Alcaraz: Can the applicant or representative come forward? Mr. Pachta: Thank you, Mr. Chairman, Madam Vice-Chair, and members of the Planning Commission. My name is Chris Pachta. I'm a land use and zoning attorney with Wolcott Rivers Gates here in Virginia Beach. It's my privilege to represent the applicant in this case, Thalia Plaza, LLC. I want to thank the planning staff, especially on this matter, because it's taken about two or three years of coordination with the city staff. They've done a remarkable job in coordinating with our architects and engineers, and my client to coordinate a plan to put forward and eventually recommend approval by the staff. So, I want to thank them. As was alluded, this is a conditional rezoning request, and a request for subdivision variance, and this property is located in between two SGA’s, both Pembroke and Rosemont, and so to comply with comprehensive plan and the zoning ordinance, we've had to do quite a bit of research and coordination in that regard. We appreciate all the efforts. This is a mixed-use development that's being proposed. There's going to be a retail on the first floor of the building being proposed. On the second two floors, the second and third there will be residential, so four units per floor and then on top, Packet Pg. 97  7.K.a Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 a rooftop amenity space, as you'd see, in the concept plan. The parking space is being proposed exceed that which is required by the city, so 26 parking spaces, and in this area, because there's an emphasis, especially to on non-vehicular transportation there's also eight bicycle spaces. so that exceeds the five required by the ordinance. There's a building on the front of the property on the Virginia Beach Boulevard adjacent property, and then there's a single-family residence structure on the portion to the rear. That front structure has been a couple of different things over the last couple of decades. Most recently it was a Domino's Pizza and over the last couple of months when we've been engaging with the community, the Thalia Civic League has brought it to our attention, and there's been some graffiti there, which my clients have responded to rather quickly and promptly with the city and removed that. So, what they'll do is remove that building and the structure to the rear, and then propose to develop this mixed-use building. The property itself, it's two parcels adjacent to one another, and across the street on North Fir, there's a church just to the east adjacent to the site. There is a practice, a medical practice, and to the rear, there's a single-family residence. So, there's a bit of variety in terms of usage, in that corridor, in that area, some commercial, some residential, and then church. We've been coordinating for the last month and a half or so with the community, with the Thalia Civic League, which is across the street as well as the church across from North Fir the residences to the rear, and then also the practice to the east. So far, we've received no opposition from the church across the street, and in some cases, an indication from the pastor of support. We expect a formal letter in the near future. Then from the Thalia Civic League, there's been no formal mention or expression of opposition, and then the same goes for the practice to the east. To the rear there was a letter, an email sent from the owner of that property, indicating some concern or question about value of his property, and based on the Packet Pg. 98  7.K.a Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 concept plan, the current condition of the property, I think one could, could make the conclusion that it's most reasonable to expect property values, including his would increase. The concept plan was done in coordination with the city, as I mentioned, because of the location of this property, there's some more stringent requirements in terms of lot size and lot width and things, and so there's a request for a subdivision variance there. Then I also wanted to mention a couple of items that came up in the informal meeting earlier today that you wouldn't see in the staff report, but we wanted to remark on those nonetheless. The first one was about tree loss in the area. So, the city is making a concerted effort from observations in reports that I've read that. We're trying to preserve a tree canopy as a city, and so what this proposal will do is it will remove the four existing large canopy trees on site, replace them with four existing or proposed canopy trees of the same size, and then also add seven small trees. So not only will there not be a net loss in trees there'll be a net gain in tree coverage. The second item was. The active transportation plan, and so I just wanted to notify that planning commission that that will get sorted out and coordinated with the city during the site plan review process. I have my clients, the owners and operators of Thalia Plaza, LLC with me today, Patricia Mohammed Jami, and they're also happy to answer any questions, and to speak to the application. Again, thank you for the opportunity to be before you today, and we appreciate the staff's hard work on this project. Mr. Alcaraz: Alright, Mr. Pachta, just to make sure are there any speakers? There are none. Ms. Alcock: No, sir. Mr. Alcaraz: Alright. So, what I'm going to do is just ask for our commissioners to ask any questions if they have at this time. You can stay. Packet Pg. 99  7.K.a Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Ms. Byler: Thank you, Attorney Pachta, and thank you, Mr and Mrs Jami. I appreciate very much your willingness to come in, and take a vacant building, and invest your efforts and your finances to something that really, I believe, is the face of that area in the future. So, I'm excited about this project. I was concerned about those two items you just noted, and as I understood it, during the informal session, there would in fact be a net loss of trees due to this development. So, I would just like to hear someone from city staff tell me that, in fact, we're picking up an extra four trees and we're not losing any. Ms. Alcock: Commissioner Byler, I'm not sure we have that information. We weren't sure what the net loss or gain was with tree canopy based on this conceptual plan. All we could say was that the concept plan meets the landscaping requirements for the proposal, but we weren't sure the net loss or gain. So, it sounds like Representative Pachta has cleared that up. Ms. Byler: Thank you. Mr. Alcaraz: Alright. Any other questions, Mr Anderson? Mr. Anderson: Thanks for coming up. It's a really nice project. I think it's going to help the area, but it's not a question, but it's a statement that you mentioned about the graffiti. Well, as of Friday yesterday, it's still there, so it does need to be cleaned up. Mr. Pachta: Commissioner Anderson, if I may, there have been two notices. I appreciate you reminding us of that. There have been two notices in the last month, I think in the first one we addressed promptly and removed it, and we've since been noticed, I believe it was last week. Packet Pg. 100  7.K.a Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Mr. Anderson: Yeah, we were at our site visit. We talked about it, but I go by there every day, and just happen look over there on driving towards Town Center and say it. Mr. Pachta: I'm going to make two representations. One is that will be in coordination with the city on taking care of that. And two, I think that, that's also probably one of the other justifications for a proposed development like this to remove the opportunity for that. Thank you. Mr. Alcaraz: Any other questions? Mr. Mauch? Mr. Mauch: More of a statement. I just want to thank the applicants for, right now, you’re all kind of in between two SGA's, and have kind of raised the bar for the area that's there by conforming to one of the SGA standards, which goes above and beyond what you have had to do, and having a real creative use of the space. So, thank you for that. Mr. Alcaraz: Alright. Any other questions? Mr Plumlee/ Mr. Plumlee: I just wanted to ask staff a couple of questions before we wrapped up the hearing. Is currently there is a proposal to modify this application between now and council, but the determination has been made by staff, and I just want on the records been determined to be of a minor nature and does not need to be incorporated into the motion for today. Is that accurate? I believe also that it was asked earlier whether there was any tree canopy requirement currently that was any part of an overlay on this particular property, and the answer was no. Is that accurate? Ms. Alcock: Correct. There's no canopy coverage requirement. The requirements are for parking lot coverage, street frontage, building, landscaping, and then the buffering requirements. So all of that is met with this plan. Packet Pg. 101  7.K.a Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Mr. Plumlee: Thank you for clarifying that. All right. Any other questions for the applicant? Mr. Alcaraz: All right, sir. You can be seated. Thank you. At this time. I'm going to close this and ask for additional discussion or entertain a motion. Ms. Byler: I don't want to cut off any discussion. So y'all feel free to tell me it's not timely, but if there is no further discussion, I would like to make a motion that this application be approved. Mr. Alcaraz: I have a motion by Ms. Byler. Mr. Plumlee: I'll second the motion Ms. Byler, but I would like to discuss it briefly. Mr. Alcaraz: Yes. Go ahead, Mr. Plumlee. Mr. Plumlee: Thank you. I appreciate that. This is an excellent project, and we need excellent projects. I don't want folks that put all these plans together and this money behind it to be discouraged at all. I think this is what we need in this, this is one of the areas we needed in. As far as the tree canopy, I know there's some discussion of that, but I do want to be heard that if we're going to change the law of this city that we do it in a formal manner. If we're going to propose a no reduction of tree canopy, that we do it as a city, that our council approves of that, and that we not bring that upon individual applicants as an additional requirement to the approval. Otherwise, I would consider it to be an arbitrary decision that if it's not the law, that we're placing upon the applicant some additional burden that isn't part of the law. Fortunately, that is not true on this application, but I wanted to clarify because it could become an issue. If we're going to do it, then it would be this broad policy discussion. We'd pass it along as a recommendation, which I'm not necessarily opposed to and we pass it to the city council. It would be considered. and then we'd Packet Pg. 102  7.K.a Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 make it the law. So people making applications would be on notice that was the requirement. So I just wanted to be heard on that. Mr. Alcaraz: Alright. Thank you. Anybody else? All right. I'll close. We do have a motion by Ms. Byler and seconded by Mr. Plumlee. Ms. Alcock: The vote is now open. By a vote of 10-0 agenda items #2 and #3 have been recommended for approval. Mr. Alcaraz: All right. thank you. Next item? Vote Tally AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE 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: When the Property is developed, the entrance, streets, landscaping, and fencing shall be substantially in accordance with the “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, dated 03/13/2024 07/12/2024, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Concept Plan”), and is incorporated herein by reference. Packet Pg. 103  7.K.a Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Proffer 2: When the Property is developed, the building shall be substantially in accordance with the exhibit dated 02/28/2024, prepared by reich design associates p.l.c., which has been exhibited to the Virginia Beach City Council, is on file with the Virginia Beach Department of Planning (“Building and Elevations”), and is incorporated herein by reference. Proffer 3: There will be no more than one (1) enclosed building as depicted on the Concept Plan. Proffer 4: When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen (14) feet. Proffer 5: When the Property is developed, the rear yard of the Property will utilize a 15’ Category IV landscaping buffer and the eastern border of the Property will utilize a 10’ Category I landscaping buffer. Proffer 6: When the Property is developed, the facility will include the number of parking spaces depicted on the Concept Plan. Proffer 7: When the Property is developed, all signage will adhere to the requirements of the Zoning Ordinance, unless a variance is approved by the City of Virginia Beach Board of Zoning Appeals. Proffer 8: When the Property is developed, a dumpster enclosure will be located in the southeastern corner of the parking lot; the materials of the dumpster enclosure will be CMU block construction; the color of the dumpster enclosure will match the color of the proposed building; and the dumpster enclosure will be surrounding by the required landscaping plantings, as depicted on the Concept Plan. Proffer 9: Further conditions may be required by the Grantee during the detailed review of the concept Plan and Buildings and Elevations and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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. Packet Pg. 104  7.K.a Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled “CONCEPTUAL SITE LAYOUT PLAN OF THALIA PLAZA, VIRGINIA BEACH, VIRGINIA”, prepared by Orbis Landscape Architecture, dated March 13, 2024 July 12, 2024, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The interior property lines shall be vacated. 3. As depicted on the proffered conceptual site plan, the property lines at the street intersection of Virginia Beach Boulevard and N. Fir Avenue shall be rounded with a minimum radius of twenty (20) 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. Packet Pg. 105  7.K.a From: Marchelle L. Coleman To: Marchelle L. Coleman Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Subject: FW: Letter received! Date: Wednesday, July 3, 2024 2:06:02 PM -----Original Message----- From: Curtis White <curtwhite@verizon.net> Sent: Wednesday, July 3, 2024 12:36 PM To: Marchelle L. Coleman <MColeman@vbgov.com> Subject: Re: Letter received! 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. Yes! Consider this email a vote for opposition. I have concerns as to what this rezoning would do to my property. Decrease value, increase value….etc. Thank you! Curt White 757-477-4241 curtwhite@verizon.net Va Beach Adaptive Water Sports Board of Directors Packet Pg. 106  7.K.a Packet Pg. 107 Attachment: PLA 01_ARF Package for Thalia Plaza, LLC (4165 : Thalia Plaza, LLC (Applicant & Property Owner) Conditional Rezoning (B-2 Community Business District)  GREEN CLEAN HOLLAND, LLC / ALP & ALEX ASLAN FOR A CONDITIONAL USE PERMIT RE CAR WASH FACILITY AT 4245 HOLLAND ROAD DISTRICT 10 (DEFERRED FROM AUGUST 20, 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. 108  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREEN CLEAN HOLLAND, LLC [Applicant] ALP & ALEX ASLAN [Property Owners] Conditional Use Permit (Car Wash Facility) for the property located at 4245 Holland Road (GPIN 1476963446). COUNCIL DISTRICT 10 (Rouse) MEETING DATE: September 3, 2024 (Deferred at the August 20, 2024 CC Hearing)  Background: The applicant is requesting a Conditional Use Permit to adapt an existing, vacant former Rite-Aid building for use as a Car Wash Facility. The subject property is located in the Timberlake Shopping Center and under the Timberlake Land Use Plan and is subject to the B-2 Community Business use table. The applicant’s intent is to make minor alterations to the exterior of the building, including the removal of the “Rite-Aid” gables, removal of the drive-thru canopy and drive-thru lane, and addition of overhead garage doors to accommodate vehicular ingress/egress. The adaptation would occur entirely within the building envelope. The applicant is also proposing 17 exterior vacuum stations, 8 interior vacuum stations, a new sidewalk to connect pedestrians from Holland Road to the interior of the Timberlake Shopping Center, and enhanced landscaping.  Considerations: While the proposed reuse of this building is innovative and though the concept plan improves existing site landscaping, the overall use and proposal do not conform to recommendations in the Comprehensive Plan. The subject property has a prominent location at the southwest corner of the intersection of Holland Road and S Plaza Trail. The northern and eastern corners are already auto-centric uses— an automobile service station and a drive-thru restaurant respectively—and the addition of a Car Wash Facility would commit three of the four corners almost exclusively to auto-oriented businesses. The Comprehensive Plan identifies this area as being part of the Suburban Area and calls for complementary non-residential uses at edges of residential areas to provide goods, services, and employment to nearby residents. While car washes can be considered a complementary non-residential use, they are also strictly auto-centric and auto-dependent. This area is further identified in the recently adopted Commercial Area Pattern Book (CAPB) as an aging shopping center that is ripe for redevelopment as a mixed-use center. Specifically, the CAPB recommends outparcels of shopping centers like the Timberlake Shopping Center to be redeveloped as “the face of the development and (extension of) the neighborhood” in which is located. This proposal will reuse a building, but it does Packet Pg. 109  7.K.a Green Clean Holland, LLC Page 2 of 3 Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property not meet these recommendations for mixed-use, pedestrian-oriented redevelopment. Sustainable redevelopment goes beyond merely reusing a building, especially when that reuse is dedicated to the continued service of automobiles. Lastly, the Holland Road Phase I CIP project is approved for this area of Holland Road to reconfigure the roadway into a 6-lane superstreet. It will also add a continuous 5-foot-wide sidewalk on both sides of Holland Road, LED streetlights, and bus shelters. The project has not entered the design phase yet; it is uncertain at this time if/how the project could affect this property and its access on Holland Road. 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 May 8, 2024, the Planning Commission passed a motion to recommend denial of this request by a vote of 8 to 3. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled “Carwash Concept Virginia Beach, VA”, prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled “Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA” prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. Packet Pg. 110  7.K.a Green Clean Holland, LLC Page 3 of 3 Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. 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 approved by the Department of Planning and Community Development. 11. The applicant shall be responsible for installation of five-foot wide sidewalks along the property lines fronting Holland Road and S Plaza Trail.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 111  7.K.a Applicant Green Clean Holland, LLC Agenda Item 5 Property Owners Alp & Alex Aslan Planning Commission Public Hearing May 8, 2024 Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property City Council District 10 Request Conditional Use Permit (Car Wash Facility) Staff Recommendation Denial Staff Planner Elizabeth Nowak Location 4245 Holland Road GPIN 1476963446 Site Size 1.38 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Vacant commercial building / PD-H1 Planned Unit Development Surrounding Land Uses and Zoning Districts North Holland Road Shopping center, gas station / B-2 Community Business South Shopping center / PD-H1 Planned Unit Development East S. Plaza trail Apartments / PD-H1 Planned Unit Development West Shopping center / PD-H1 Planned Unit Development Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 1 112  7.K.a Background & Summary of Proposal Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property • The applicant is requesting a Conditional Use Permit to develop a Car Wash Facility on a 1.38-acre outparcel of the Timberlake Shopping Center. The property is in an area identified in the Timberlake Land Use Plan as a commercial use. As this total area is greater than three acres, the B-2 Community Business use table governs uses for this commercial area and identifies Car Wash Facilities as a conditional use. • A Rite Aid Pharmacy was constructed on this outparcel in 1999 and operated here until 2023 when the store was closed. The applicant is proposing to reuse the existing building for the car wash. While some modifications will be made to the building to accommodate the new automated car wash tunnel and to rebrand the building, they will occur within the existing dimensions of the building (see the proposed site layout on page 7 of this report). • Minor changes are proposed to the existing building to include removal of the existing canopy associated with the former drive thru pharmacy and a redesign of the branded gable element of the Rite Aid building on the north and east elevations to include a flat roof indicative of Green Clean’s modern aesthetic. The building will also be repainted with dark neutral tones and the north and east elevations will be broken up by engineered wood paneling. • Overhead doors for vehicular access will be installed along the north and east elevations. The primary entrance and one exit to the tunnel will be located on the north end of the building, facing Holland Road. Customers will have an option to exit the facility through the east elevation (facing S. Plaza Trail) or to continue through the building to access eight vacuum stations located inside the facility and then to exit back out the north elevation. • In addition to the vacuums inside the building, the applicant proposes an additional 17 vacuums on the east side of the building. These will be central turbine vacuums, black in color, with no overhead canopy. There are two vacuum equipment pads proposed at the southern end of each row of vacuum stations; the pads will be screened on three sides with ornamental shrubs. • There is an existing monument-style sign at the corner Holland Road and S. Plaza Trail that the applicant plans to reuse. The sign face will be replaced as shown in the exhibit on page 8 of this report. The existing hedgerow will be removed and required landscaping will be installed. • Section 228.1 of the Zoning Ordinance requires a minimum of three parking spaces for each car wash space within the facility. Five parking spaces are proposed on the concept plan, meeting the parking requirement. One of the vacuum spaces is designed to be ADA-accessible. • The existing dumpster area at the southern edge of the parcel will be reused. It is screened with a masonry wall on three sides with a gate on the fourth. Landscaping will be installed on three sides as required in the Zoning Ordinance. Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 2 113  7.K.a 2 Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Zoning History # Request 1 MDP Approved 06/18/2019 1 2 LUP Approved 11/19/1981 CUP (Tattoo Parlor) Approved 10/17/2017 CUP (Indoor Recreational Facility) Approved 04/05/2016 CUP (Indoor Recreation) Approved 07/03/2012 CUP (Motor Vehicle Rentals) Approved 08/14/1996 3 3 LUP Approved 11/19/1981 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 Car Wash Facility is an inappropriate use for this prominent corner along the Holland Road corridor. The Comprehensive Plan identifies this area as being part of the Suburban Area, which recommends the development of Great Neighborhoods, which are identified as areas that balance residential neighborhoods with complementary non-residential uses. While Car Wash Facilities can be considered a complementary non-residential use, they are an auto-oriented and auto-dependent use. The Timberlake Shopping Center is further identified in the 2023 Commercial Area Pattern Book (CABP) as an aging shopping center with dense mixed-use redevelopment potential. Specifically, the CABP recommends outparcels of large shopping centers like Timberlake Shopping Center be redeveloped as “the face of the development and (extension of) the neighborhood” in which it is located. Developing an automated car wash on the shopping center’s most prominent corner in a section of Holland Road with several shopping centers with similar redevelopment potential continues to entrench auto-oriented design and use in this corridor. Car washes by their nature do not activate the pedestrian zone; as a potential catalyst site for Timberlake Shopping Center, adjacent commercial parcels, and the immediate residential neighborhoods, this outparcel has the potential to be a leader for how the general character of the area will evolve or if it will remain static. While Staff believes the proposed use does not conform with recommendations in the Comprehensive Plan, Staff does acknowledge that the proposal is an innovative reuse of an existing building and that the proposed concept plan improves existing site landscaping. Adaptive reuse, such as what the applicant proposes, is a highly beneficial redevelopment strategy as it is less impactful on the environment and helps maintain the character of an area. The redesign of the elevations removes much of the branding of the current building from a standard “Rite Aid” building design and introduces some color contrast that reduces the scale of the building. The concept landscaping plan is robust and will add trees and large shrubs where many do not currently exist, including trees to parallel an existing pedestrian access at the southern edge of the outparcel and along a newly proposed sidewalk connecting Holland Road with the interior of the shopping center. Existing street trees will remain where possible and will be replaced with new if they cannot. By closing an existing drive thru lane along the building’s west elevation and by introducing a sidewalk with a verge on either side, the applicant has reduced existing impervious cover on the property and created additional green space. Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 3 114  7.K.a The proposed reuse and redesign would improve some existing conditions of this outparcel, but this site would be better suited for a non-auto-oriented use. Apartments east of the site across S. Plaza Trail will look directly out onto the facility and its vacuum stations. The two corner lots on the north side of Holland Road are developed with a gas station and a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property drive-thru restaurant. Expanding this pattern to this property may lead to further erosion of people-centered redevelopment potential. With these considerations, Staff recommends denial of this application. Noting, however, the quality of the reuse proposal, Staff has included a list of recommended conditions should Planning Commission find this to be an appropriate use for this site. Recommended Conditions 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled “Carwash Concept Virginia Beach, VA”, prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled “Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA” prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. 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 approved by the Department of Planning and Community Development. 11. The applicant shall widen the sidewalks on Holland Road and S. Plaza Trail that parallel the subject property to a minimum width of five feet. This shall be reviewed as part of the site plan review process. Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 4 115  7.K.a 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 Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property 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 project falls within the Suburban Area as defined in the Comprehensive Plan. The Suburban Area’s guiding principle of maintaining “Great Neighborhoods” calls for complementary non-residential uses at edges of residential areas to provide goods, services, and employment to nearby residents. Timberlake Shopping Center is also identified in the Commercial Area Pattern Book (CAPB) as an Inland Character Area (“Holland Road to S. Independence Boulevard”). The CAPB calls for redevelopment of these areas to focus on improving pedestrian access and circulation of the centers, as well as supporting multiple modes of transit to the area. Outparcels should be redeveloped with strong anchors like mixed-use buildings and other key neighborhood-oriented uses that promote community resiliency. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and is located outside the Resource Protection Area. A portion of the property is located in the Special Flood Hazard Area, AE flood zone; however, the proposed improvements are located outside the AE flood zone. Should any equipment or structures be located in the AE flood zone, they will be required to meet the requirements in Appendix K, Floodplain Ordinance. There are no historical or cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 37,000 ADT1 32,700 ADT (LOS 4 “D”) Existing Land Use 2 – 1,400 ADT Proposed Land Use 3 – 500 ADT S. Plaza Trail 10,040 ADT 32,700 ADT (LOS “D”) 1 Average Daily Trips 2 as defined by a 13,000 square- 3 4 as defined by an automated car LOS = Level of Service foot pharmacy with drive-thru wash with one tunnel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) In the vicinity of this application, Holland Road is considered a four-lane divide minor urban arterial. The Holland Road Phase I CIP project is approved for this area of Holland Road. It will reconfigure Holland Road as a six-lane superstreet by adding through lanes in both directions from S. Independence Boulevard to S. Plaza Trail and by installing Restricted Crossing U-Turn. The project will also include continuous five-foot wide sidewalk on both sides of Holland Road and installation of LED streetlights and bush shelters at the four existing bus stops. Construction of Holland Road Phase I is scheduled to begin in 2031. Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 5 116  7.K.a S. Plaza Trail in the vicinity of this application is considered a four-lane divided minor suburban arterial with an existing 80-foot wide right-of-way. The MTP proposes a four-lane facility within a 115-foot right-of-way. Currently, there are no Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property CIP projects to upgrade this roadway. Public Utility Impacts Water There is an existing 8-inch city water main encroaching through the adjacent property within Public Utility Easements. The existing 8-inch city water main through the adjacent property connects to the 16-inch City transmission main along Holland Road. The site currently connects to City water. Sewer There is an existing 8-inch which transitions to a 10-inch city sanitary sewer gravity main encroaching through the adjacent property within a Variable Width Public Utility Easement. The sanitary sewer main within the property connects to the 8-inch city main along Spence Circle. The site currently connects to City sewer. Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 8, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, April 24, 2024 and May 1, 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 April 22, 2024. • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on May 2, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 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 August 22, 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 August 30, 2024. Green Clean Holland, LLC Agenda Item 5 PacketPage Pg. 6 117  Proposed Site Layout Green Clean Holland, LLC Agenda Item 5 PacketPage 118 Pg. 7 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  Proposed Signage & Dumpster Enclosure Green Clean Holland, LLC Agenda Item 5 PacketPage 119 Pg. 8 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  Proposed Vacuums Green Clean Holland, LLC Agenda Item 5 PacketPage 120 Pg. 9 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  Proposed Pay Stations Green Clean Holland, LLC Agenda Item 5 Packet Page 121 Pg.10 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  Site Photos Green Clean Holland, LLC Agenda Item 5 Packet Page Pg.1122 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  Site Photos Green Clean Holland, LLC Agenda Item 5 Packet Page 123 Pg.12 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 124 Pg.13 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 125 Pg.14 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 126 Pg.15 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 127 Pg.16 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 128 Pg.17 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  Disclosure Statement Green Clean Holland, LLC Agenda Item 5 Packet Page 129 Pg.18 7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property  7.K.a Next Steps Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property • 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. Green Clean Holland, LLC Agenda Item 5 Page Packet Pg.19 130  7.K.a Ho B2 O2 lla Pl Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC n d az Ro aT ad ra A12 il B2 PDH1 Ho PDH1 Pl Ma lla az nd aT tc Ro h ra Po ad il in tD riv Ac e eC Pl ou PDH1 az rt aT ra il Site Property Polygons Zoning Building Green Clean Holland, LLC 4245 Holland Road μ Feet Packet Pg. 131 0 25 50 100 150 200 250 300  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Virginia Beach Planning Commission May 8, 2024, Public Meeting Agenda Item # 5 Green Clean Holland LLC RECOMMENDED FOR DENIAL Clerk: Agenda Item Number 5 Green Clean Holland, LLC is a request for a Conditional Use Permit for a Car Wash Facility at 4245 Holland Road in District 10. Mr. Alcaraz: Sir, if you can come up. Are you both going to speak? Clerk: They're both with the applicant. Mr. Alcaraz: Yeah, well, I'll hear him and then you because you got to state your name, if that's okay. Greg Schmidt/Kimley Horn: Greg Schmidt with Kimley Horn. We are the agent representing. Green Clean Holland LLC. I do want to start by thanking planning staff for giving us a fair analysis of the benefits that this project does provide even though the negative recommendation for denial. I do want to talk a little bit about Green Clean and what that company is. It started as a local family-owned-business and is still 100% locally operated with the main point of contact managing all the day-to-day operations of the car washes that they own within Hampton Roads. Green Clean provides a wide range of services from single washes to memberships, to fleet services. They also focus on giving back to the communities in which they serve. They have a Green Clean Cares program that offers grant application opportunities that offers fund raising, and donation opportunities to give back to the communities in which they serve. Green Clean does operate a number of car washes within the City of Virginia Beach, and I highlight that to say that in each and every site that they have developed, they have taken away a vagrant structure or a vacant structure, and they've redeveloped it into something that is more modern, and more relevant to the Packet Pg. 132  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property customers that they serve. Some of those include a vacant bank that sat vacant for many years on Virginia Beach Boulevard, a dilapidated gas station on Shore Drive, and an old self-serve car wash on south Military Highway. They always strive to be a good neighbor, and with each and every of those redevelopment sites, they have worked closely with staff to identify the specific architectural needs, landscaping needs, and site development needs for that specific area of the city. You know, I want to dive into. I have been asked many times what Green Clean means, and I think there is a misconception about car washes, and their environmental impacts, but in all reality the Green Clean motto and the way these car washes operate is they prevent soaps from getting in the storm drain system, they reclaim water, and ultimately, they provide a better site than the ones that they've previously inhabited. Very different from most of us who might be washing our cars in their driveway. What we are presenting here before the commission today, is an Adaptive Reuse. This is a development opportunity that sets Green Clean apart from their peers in the carwash industry. They are working to take the existing Rite Aid building at the corner of South Plaza and Holland, keeping the building guts, and converting it into an automated car wash tunnel, which will also feature interior vacuum spaces, and it will also have exterior vacuum spaces that will be free to the community around it. I do want to talk about the existing site a little bit. It was built in 1999 as a prototypical Rite Aid Pharmacy. There is no existing connectivity for pedestrians to the building itself or the Timberlake Shopping Center behind it. It also features dated architecture, unmaintained landscaping, and is currently uninhabited. What this adaptive reuse project does offer to the city is an opportunity to see improved vegetation with the proposed Enhanced Landscape Plan, additional shared pedestrian connectivity to Timberlake Shopping Center. The addition of landscaping and canopy trees along the sidewalk to the south to Timberlake as well the proposed sidewalk with this project. It also features enhanced architecture with wood facades and updating the paint colors on the existing building to more natural earth tones. It also includes the reuse of much of the existing infrastructure, decreasing the demand on the construction material industry, and Packet Pg. 133  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property ultimately, the addition of the green space further reduces the impact on the storm water runoff that currently exists at this property. I think when we look at the commercial area pattern book, it talks a lot about neighborhood adjacency, and compatibility pedestrian connectivity, and what the Holland Corridor could be. I think we've worked closely with staff over the last number of months to come up with a plan that addresses many of the initiatives that are presented in that area pattern book for Holland Road, including the addition of sidewalks, the addition of canopy trees, the improvement to the street frontage landscaping and buffering, and the improvements to the architecture to make it more relevant and more current. The one thing, I do want to touch on related to neighborhood compatibility this is surrounded by a number of multi-family residential developments. One of the things that many of us who have lived in an apartment at one point understand is, it is not easy to wash your car, vacuum your car, in a multi-family apartment development. So, what this actually provides is an opportunity to not have to run an extension cord of a window or not have to use a dust buster for something that actually requires a legitimate vacuum, and ultimately providing a more environmentally friendly way to wash your car. Given all the improvements that have been proposed with this development, we do feel while the use may not be the most desirable given the Commercial Area Pattern Book, it does strive to achieve many of those with the things that I've laid out. I do want to talk about the staff report’s reference to the Holland Road Phase 1 project. This identifies a project that will expand Holland Road from four lanes to six, inclusive of protected U-turn as a superstreet design. In my opinion in looking at this, and engineering analysis, Holland Road currently sees 37,000 vehicles per day. The city has seen the need to necessitate the CIP project, that will expand Holland Road to six lanes. This is a corridor not necessarily designed around people, but designed around helping vehicles get to and from their destinations. I personally commute on Holland Road from the Red Mill area to Town Center each and every day with many of my fellow residents. Packet Pg. 134  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property I do want to add also related to the neighborhood compatibility. Car washes have long been a place that creates a sense of community where people bond over the care that they put into their vehicles, where my wife and I can go to vacuum our cars without having to mess with those fussy extension cords. I think it does continue to provide that given the nature of the surrounding adjacent developments. In closing, there are currently seven vacant Rite Aids in Virginia Beach alone. It is likely another six will become vacant once the bankruptcy is completed. I'm not saying each and every one of them should become a car wash or will become a car wash, but what we have here today is a project with a developer motivated to be creative, to come up with better solutions for each and every site that we pursue. A move to avoid urban blight, which can be so cancerous to shopping centers and corridors. With that, I do appreciate your consideration of this proposal, and I will be available for questions. Mr. Alcaraz: Thank you. Are there any questions? Yeah. Mr. Plumlee? Mr. Plumlee: Mr. Schmidt, how are you today? Mr. Schmidt: Good. How are you doing, sir? Mr. Plumlee: I'm doing well. Had there been a market study for this location by the Green Company, because it was brought up at the informal that there were a number of car washes in the vicinity. Can you address that? Are you able to address that today? Mr. Schmidt: I will let Mr. Van Breman address that. Mr. Plumlee: Okay. I can save that question. Being with Kimley Horn, looking at the Capital Improvement Project. Have you looked at the impact of that project with the expansion to six lanes? And how that would affect this location on the operation? Packet Pg. 135  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Mr. Schmidt: Yes, sir. I do believe we have enough room to accommodate the expansion as currently described. Mr. Plumlee: So, I heard this morning, a rough estimate of about 12 feet of a taking, it could be more in that, but you believe that would remain, this use could remain under those conditions? Mr. Schmidt: Yes, sir. Mr. Plumlee: Okay. As far as, this will remain owned by the same family that owns it currently, the Aslands, is that correct? Mr. Schmidt: I do have a clarification on that. Green Clean will be purchasing the property, and the structure. Mr. Plumlee: So they will be the owners of the property? Mr. Schmidt: Yes, sir. Mr. Plumlee: And they’re going to make quite an investment in that structure then, a significant investment to convert it from its current retail use to the car wash operation? Mr. Schmidt: Yes, sir. That is correct. Mr. Plumlee: Can you tell us what were some of the efforts that you made to try to address the pedestrian aspect. I understand it's going to be next to a super road. I’m not sure how many people are going to be walking along that road, but what efforts did you make to try to address that? If you could be specific. Packet Pg. 136  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Mr. Schmidt: Yeah. So, from the start of this project application, we went and sat down with Ms. Nowak at the planning department to really discuss what are the opportunities to make this as attractive as possible, understanding the conflicts with the use, and the Commercial Area Pattern Book. So, when we submitted the initial application, we did not have the sidewalk and the landscaping that is at the top of the screen here where the old pharmacy drive through was. We did not have the additional landscaping along the existing sidewalk connection, on the screen left. We also made a commitment to planning that any sidewalk within the right of way along our frontage that is not compliant with a five-foot minimum that we would improve that as well with this project. I think one of the things that you hear a lot about in terms of providing nice pedestrian connectivity always comes down to the availability of shade, and really being able to give people a spot where they're not walking in the hot sun, in the middle of the summer to get to some of these destinations. I think the one connection that exists, and the one that is proposed do improve upon what exists today do provide an opportunity for these to be nice pedestrian connections to Timberlake Shopping Center, and ultimately the Holland Road Network. The other thing we did do as well is with the removal of the pharmacy canopy and window, that in the initial application we were not making all that green space. We went back and revised that to as green space and landscaping along that back wall to break up the visibility of that facade. Mr. Plumlee: So you're saying you added permeable surface? Mr. Schmidt: Yes, sir. So, the plan will be removing the asphalt full depth. We will be installing landscape planters along there with landscaping that will screen that long facade from the right-of-way. Packet Pg. 137  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Mr. Alcaraz: Any other questions? Yes, Mr. Parks. Mr. Parks: Mr. Schmidt, do you, is this the first instance of taking a converted building like this and turning it into a car wash? Is this going to be one of the first ones or? Mr. Schmidt: The city of Virginia beach is not the Guinea pig. This has been done by Green Clean and Express Wash Concepts up in the Pennsylvania market already, and Craig can elaborate on that, but they do have a few of these operational where they've completed the conversion and it's been successful. Last month we did get approval in Chesapeake to do the same. Adaptive reuse of a ride aid on Battlefield to a car wash. So that is proceeding into site plan design now and hopefully construction sometime the end of this year. Mr. Alcaraz: Alright, any other questions? Ms. Cuellar: I have one question. Mr. Schmidt, did you have an opportunity to reach out to the residents on South Plaza Trail? If so, what was their feedback? Mr. Schmidt: We did not. It was hard to identify an organized group, so given the nature of the adaptive reuse we were not able to identify specific contact who set something up. Mr. Alcaraz: Any other questions? All right. I am going to get the speaker, which is representative of the ownership. State your name for the record? Mr. Bremen: Good afternoon. My name is Craig Van Bremen. I'm the Chief Development Officer for Express Wash Concepts. My address is 336 Bishop Gate Lane, Crozet, Virginia. Packet Pg. 138  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property So, Express Wash Concepts, just a little bit about us. We have 95 sites in operation currently. We have about 16 under construction currently, and that's across Michigan, Pennsylvania, Ohio, Virginia, and I think that’s it actually. So, locally, more locally here, we we've given to across those 95 sides last year, we are very charity-minded organization. We really want to grow our people from within, and we want to support the communities that we serve as well, and with that we give $400,000 to charity last year through our grand openings and other care initiatives like Greg mentioned. More locally, we have 14 green cleans currently operating the Hampton Roads MSA, and one of the reasons that's so important, we'll get to site selection, when there is a question on site selection a little bit, but one of the reasons that's so important is because we don't want to just provide jobs, people want to provide growth opportunities to people. So, when you come to work at Green Clean, you have an opportunity to start, and this happens throughout the company. So, start working in the lot at $17 an hour and work your way up to assistant site manager, where you're making $45,000 to $55,000 an hour [sic., a year]. Then you can have your own site and be a site manager making $75,000 to $80, 000 an hour [sic., a year], and then if you make it up to area manager, you can be making over $100,000. We'd love to have college educated people, but this also is in a pathway for somebody that doesn’t have a college degree. If you come in, you work hard, you learn the job, you can move up within the company, and those are the kinds of opportunities that we really want to provide to folks that work for Green Clean Auto Wash and work for Express Wash Concepts. This facility along with some of the other ones that we've recently developed on Shore Drive, and I want to thank staff because the Packet Pg. 139  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Shore Drive product has turned out excellent. I was just there actually before, and I encourage you to go look at that. All of the locations we do, we talk about being Disney-perfect, and we really want to provide a great product that includes the enhanced landscaping. That's something that we work with cities on, but that's something that we just as core to us and that we want to do in general. So, that Shore Drive location is a great example of what we want to do. I can see us using that building in other places as well, because it turned out so well. So, thank you Staff for helping us to bring that to fruition. Greg already mentioned the benefits of washing with Green Clean from an environmental standpoint, so I won't go through that. When we talk about density, density is really important to our business. We have under unlimited wash club members that the more the locations that we can provide, the more value there is to their membership. So, when they buy a membership, not only does their pass work at Shore Drive, but it also works at the other 95 locations that we have and the 14 locations within Hampton Roads, and we really want to serve our customers where they need to be served. So, we identified this Holland Road corridor years ago as an area that we wanted to be. We are very data driven and we look at demographics. We look at vehicles per day. We look at retail. We look at competition. We look at all of those things, and we targeted this area years ago. We actually had the old Wells Fargo back in contract, and because of just site constraints, and similar things that were going on at the time, we actually backed away from that site. We've been working on the Title Max parcel across the street, and this site came available, and had the opportunity to buy it and it's a great opportunity for us to do our adaptive reuse. Packet Pg. 140  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property As Greg mentioned, we've actually completed three of these drugstore conversions. One's in Cleveland. We have two in Pittsburgh, Pennsylvania, and they have turned out amazing. Customers love the interior vacuums. Customers love the way that you come through the building. I understand that some don't love the car wash use, but sometimes the economics of where we are, if you look at this building, Rite Aid was a pretty powerful company for a very long time, and they could garner large rents. There's not too many companies with the experience and with the economic strength that can come in and do an adaptive reuse like this. We have the experience to do that. We, actually our business model, supports actually acquiring a building like this. So, with that, Greg's already walked through the site specifics, but I'll pause for any questions. Mr. Alcaraz: Yeah, thank you. Mr. Plumlee? Mr. Plumlee: Yeah, I had asked earlier about this market. There were, as I mentioned at the informal meeting, that there were other car washes within this vicinity, and can you address the workup that you've done to look at the market? Mr. Bremen: Yeah, we always look at the competition very heavily. I think there's a competitor just down the street. Frankly, we offer a different product than they did. They have some self-serve automatic bays out there, which are great for people that want that product and want to be able to wash their car themselves. They also do have some smaller tunnels, but that's not really what we do. We really focus on being in the convenient right place, so that you can wash your car quickly, that you can do your interior free vacuums, and that you can move on. The demographics there, definitely support demographics, and the strength of just the number of people, the number of vehicles around that area are really what would drive whether or not site Packet Pg. 141  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property works for us, and when we look at those 95 stores that we have across our portfolio, we've identified the key performance indicators in data of what drives site performance. In this particular area, even with that competition that's put into our model, we believe this is a very strong site for us. Mr. Plumlee: Mr. Schimdt had mentioned that this is actually going to be a purchase by your corporation of this property. So, it's not just redevelopment for the owner. It actually allows them to be relieved of the obligation of keeping this empty building for who knows how long waiting for someone to come along that is willing to take it on. So, this is where you transfer and ownership as well. Is that accurate? Mr. Bremen: That’s accurate, and it behoves us to move as quickly as possible through the right approvals and to get construction done as quickly as possible, and get the renovations done so we can get open for business as quickly as possible. Mr. Plumlee: Is there anything that you wanted to add to the question about pedestrian friendly layout? Mr. Bremen: I think Greg is best positioned to answer that. I mean, we always want to do all we can to be a good partner in the community. So, if there's additional ideas that staff can come up with of ways that the site can work in their master plan, we are all ears and we'll be happy to support. Mr. Alcaraz: Thank you. Ms. Byler: If you could please clarify on your site plan, and I may be wrong, but as I understand it, our Active Transportation Plan shows that there Packet Pg. 142  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property should be five foot or more in width along South Plaza Trail, and that your proposal has no change to the existing three-foot sidewalk. Ms. Bremen: I will have to defer it to Mr. Schmidt on that. Mr. Schmidt: We had discussed that with staff. We are committed to upgrading the sidewalks along both frontages to achieve a minimum of five feet in width. So, if we, I don't remember if that was in the draft conditions off the top of my head, but we can add that as a condition. Ms. Byler: Okay. Thank you. Ms. Hippen: So you spoke of demographics, but you said that you haven’t spoken to the people that live in this area. So, the question is, how do you know that this is the ideal business location if you haven't spoken to the people that live around the area. I'm very familiar with the area, by the way, and I know of what you speak of the demographics. There's an apartment complex right across the street. There are very close homes in the area where there, you know, they're very close together. There are also town homes in the area. So, the question is, how do you know that this is what the neighborhood wants? Mr. Bremen: Yeah, just for clarity, when I speak of demographics, I mean, the demographics in the area. So, the number of households with areas, not the specific makeup of like a particular neighborhood or talking to a particular neighborhood. I just mean, there's enough people within the area that we believe will be drawn to this area that will support our business as far as the neighbors across the street. We also believe that based on our other locations in Virginia Beach, that people will want to buy an unlimited wash club membership here. It's very similar in a lot of ways to the other sites that we have. So, if we use that kind of as a template to say, is this a good location? We do Packet Pg. 143  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property believe that the folks in the area will shop and we'll wash their car at our location. Ms. Hippen: Okay. You spoke of the car wash that's there where Independence becomes Holland. Okay, but if you go the other way, you have, Car Spa, which is at the corner of Lynnhaven and Holland, okay, and then we just approved a car detailing business in that very shopping center [Timberlake Shopping Center]. So, my question still remains, if you haven't spoken to the people that live in that area, if you haven't reached out to the community, how do you know that this business is going to be fruitful given the fact that this is not what the Comprehensive Plan is looking to place in this area? Mr. Bremen: I go back to the 95 sites that we've developed, and the other sites within Hampton Roads. We look for those similar things and we do take into account the competition is actually the Freedom Wash is a little bit different in the product that they offer. The Car Spa is a little bit different too. I believe that one has full service as well. That's not what we do. So, the product's a little bit different. I know it seems like you're just watching a car, but the product is genuinely different. So, giving folks the opportunity to use their money to spend it to wash the way that they want, and we think we can provide a more economical better benefit than our competitors also, right? We think that our washcloth price is probably more reasonably than anyone else's and you get a better product. So, it really is the free market coming in. We feel like that key things that we look for in site selection all exist at this location. That is why we are so excited about. Mr. Alcaraz: All right. Thank you. Any other questions, Ms. Byler. Packet Pg. 144  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Ms. Byler: There's also a car wash, I'm sure you're familiar with on Independence and Edwin, which is a mile or maybe less from this. So that's like three car washes in less than a mile. So, while yours might be best, then I guess that means it's taking business away from the others. Mr. Bremen: I don't look at that way. I think we're growing the pie. If you look at just car wash statistics overall, there's more people, more people coming to wash their car at a car wash than washing in their driveway. So, it's not taking, it's not an end some game, right? Like it's not, we're taking their customers, we're adding to the pie. It's actually what we want. We want people to come wash in a professional car, wash it. So, they're not washing in their driveway using 10 times more water or putting detergents down the storm sewer. Ms. Byler: Thank you. I appreciate your comments. Mr. Alcaraz: All right. Any other questions for the applicant, and its representative. None. Just have a seat. I am going to close it now. Mr. Plumlee: I would like to make some comments and address this. I mean, we're a country of over 300 million cars. We're not going to turn into a pedestrian community overnight next to a super road. I do worry about blight at these locations when you have empty structures for long periods of time. When families have opportunities to transition these sites, they don't come that often and it can be not an ideal, perfect business and sometimes we're in the business of judging what's ideal, and sometimes we're trying to judge what's best in the moment and what's not perfect. I don't see this as a perfect application, and obviously there are issues with the comp plan, but we have in the past proceeded to recommend projects like these. I Packet Pg. 145  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property do worry about something sitting empty for long periods of time, and that we're not going to have an applicant with the strength that this applicant has to come in. So, for those reasons, I would support a motion. Obviously, the motion should include that there be a five- foot width sidewalk. I think it should include that. So, I would support that motion and make that motion if I get support for it. Mr. Alcaraz: All right, Mr. Plumlee, any other comments? Ms. Hippen: So there's been a lot of discussion over several months about the Comprehensive Plan and us sticking to what we foresee that should come in these different areas. I went out to this area, and like I said, I'm very familiar with the area. I used to use Car Spa, okay? I stopped using them. I use somebody else now. There are a lot of car washes in that area. I think that we should stick to the Comprehensive Plan in this case, and your business model sounds great. Please don’t get me wrong, and that it sounds great. I just don’t think that this is the area for it. I do believe that, that the Rite Aid folks will find someone to take that building over or to take that area over, and my biggest concern is that you haven't talked to people that live in the area to get a feel for what they're looking for in their neighborhood as well. That's one thing that I think you should do every other thing that we go through and approve. We've got letters, we've got notification to the people that live around it, and they're talked to, and I think that's just one thing that an amazing plan that she didn't do that that you should have done for this area. Mr. Alcaraz: All right. Thank you. Any other comments or discussions. All right. I have a motion, but by Mr. Plumlee. I need a second. Mr. Coston: I’ll second. Packet Pg. 146  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property Mr. Alcaraz: Second by Mr. Coston. Alright. Thank you. Any other comments discussions. Alright, I have a motion by Mr. Plumlee. I need a second. Planning Administrator: Chairman, can I get one point of clarification? Is that motion with a minimum five-foot sidewalk on both Holland and South Plaza Trail? Mr. Plumlee: Yes. Mr. Alcaraz: That motion is to approve with five-foot. Second by Mr. Coston. Clerk: The vote is open. By a vote of 8:3, agenda item number five has been recommended for denial. AYE 3 NAY 8 ABS 0 ABSENT 0 Alcaraz NAY Anderson NAY Byler NAY Cromwell NAY Coston AYE Cuellar NAY Estaris NAY Hippen NAY Mauch NAY Parks AYE Plumlee AYE CONDITIONS 1. The site shall be developed in substantial conformance with the submitted concept site and landscaping plan entitled “Carwash Concept Virginia Beach, VA”, prepared by Kimley-Horn, and dated 4/1/2024, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled “Green Clean Express Auto Wash-4247 Holland Road, Virginia Beach, VA” prepared by SBA Studios, and dated 4/9/2024, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The Packet Pg. 147  7.K.a Attachment: PLA 03_ARF Package for Green Clean Holland, LLC (4166 : Green Clean Holland, LLC (Applicant) Alp & Alex Aslan (Property proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The vacuum stations shall have an all-black assembly, including hoses, receptacles, black posts, as depicted in the graphic as exhibited in the staff report and prepared by the applicant, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. Lights in the vacuum stations shall be turned off at the end of the business day. 5. All site lighting, including lighting on pay stations and vacuums, shall be white light; no colored lighting is permitted. 6. Final design of the pay stations are subject to review and approval by the Planning Director during site plan review. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 9. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 10. 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 approved by the Department of Planning and Community Development. Packet Pg. 148  DIAMOND FARROW / STAR REAL ESTATE, LLC FOR A CONDITIONAL USE PERMIT RE ASSEMBLY USE AT 4604 PEMBROKE LAKE CIRCLE, SUITE 104 DISTRICT 9 (DEFERRED FROM AUGUST 20, 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. 149  7.K.a Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIAMOND FARROW [Applicant] STAR REAL ESTATE, LLC [Property Owner] Conditional Use Permit (Assembly Use) for the property located at 4604 Pembroke Lake Circle, Suite 104 (GPIN 1478511874). COUNCIL DISTRICT 9 (Schulman) MEETING DATE: September 3, 2024 (Deferred at the August 20, 2024 CC Hearing)  Background: The applicant is proposing to operate an event rental space within a 1,050-square- foot unit in the existing building on the site. Per the Zoning Ordinance, an event venue is classified as an Assembly Use, and as such, a Conditional Use Permit is required for property in the B-2 Community Business District. Specifically, the applicant proposes to rent the venue to the public for small gatherings, such as networking events, business meetings, receptions, birthday gatherings, and other various small private events. Those renting the venue will be responsible for bringing food prepared offsite, by either a caterer or by themselves, as there will not be a kitchen onsite. The applicant intends to limit the number of guests to no more than 49 people; however, the maximum occupant load will ultimately be determined by the Building Official/Fire Marshal. Per the Zoning Ordinance, the site is classified as a shopping center with a parking requirement of one space per 250 square feet of floor area. This results in a minimum parking requirement of 44 spaces; however, there are only 35 spaces on the property. Based on this, the applicant submitted a parking study that contends that there is sufficient parking on the site based on the typical hours of operation of the various tenants in the building, including parking for the assembly use. The various uses of this shopping center include various retail shops, a church, Beauty Bar, Martial Arts School, and a Daycare Center. The Zoning Administrator approved the parking study with limited hours of operation to ensure peak hours for the assembly use would not overlap with peak hours of the other uses in the center, as noted in Condition 4. There will be no significant modifications to the site or to the exterior of the building. The existing box sign will remain above the entrance; however, the sign face will be modified to display the logo of the establishment.  Considerations: The proposed use is, in Staff’s opinion, acceptable and consistent with other retail establishments in the shopping center. Further details pertaining to the application, Packet Pg. 150  7.K.a Diamond Farrow Page 2 of 2 as well as Staff’s evaluation, are provided in the attached Staff Report. There is no Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) known opposition to this request.  Recommendation: On July 10, 2024, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 9-0-1. 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official’s Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. 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 sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6:00 pm to 12:00 am, Monday through Fridays, Noon to 12:00 am on Saturdays and Sundays.  Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Petition of Support (4) Emails from Staff to Applicant Email from Police Department – MPO David Shoenbach 3rd Precinct Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Packet Pg. 151  7.K.a Applicant Diamond Farrow Agenda Item 10 Property Owner Star Real Estate, LLC Planning Commission Public Hearing July 10, 2024 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) City Council District 9 (Schulman) Request Conditional Use Permit (Assembly Use) Staff Recommendation Approval Staff Planner Madison Harris Eichholz Location 4604 Pembroke Lake Circle, Suite 104 GPIN 1478511874 Site Size 37,300 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Mixed Retail / B-2 Community Business Surrounding Land Uses and Zoning Districts North Pembroke Boulevard Vacant Lot / B-2 Community Business South Pembroke Lake Circle Townhouses/ B-2 Community Business East Bank / B-2 Community Business West Pembroke Lake Circle Mixed Retail / B-2 Community Business Diamond Farrow Agenda Item 10 PacketPage Pg. 1 152  7.K.a Background & Summary of Proposal • The applicant is proposing to operate an event rental space within a 1,050-square-foot unit in the existing building Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) on the site. Per the Zoning Ordinance, an event venue is classified as an Assembly Use, and as such, a Conditional Use Permit is required for property in the B-2 Community Business District. • Specifically, the applicant proposes to rent the venue to the public for small gatherings, such as networking events, business meetings, receptions, birthday gatherings, and other various small private events. • Those renting the venue will be responsible for bringing food prepared offsite, by either a caterer or by themselves, as there will not be a kitchen onsite. • The applicant intends to limit the number of guests to no more than 49 people; however, the maximum occupant load will ultimately be determined by the Building Official/Fire Marshal. • Per the Zoning Ordinance, the site is classified as a shopping center with a parking requirement of one space per 250 square feet of floor area. This results in a minimum parking requirement of 44 spaces; however, there are only 35 spaces on the property. Based on this, the applicant submitted a parking study that contends that there is sufficient parking on the site based on the typical hours of operation of the various tenants in the building, including parking for the assembly use. The various uses of this shopping center include various retail shops, a church, Beauty Bar, Martial Arts School, and a Daycare Center. The Zoning Administrator approved the parking study with limited hours of operation to ensure peak hours for the assembly use would not overlap with peak hours of the other uses in the center. The hours of operation are included in Condition 4 below. • There will be no significant modifications to the site or to the exterior of the building. The existing box sign will remain above the entrance; however, the sign face will be modified to display the logo of the establishment, as shown on page 6 of this report. 1 Zoning History # Request 2 1 2 CUP (Indoor Recreation) Approved 04/13/1999 CUP (Tattoo Parlor) Approved 05/08/2019 CUP (Assembly Use) Approved 10/02/2019 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 Diamond Farrow Agenda Item 10 PacketPage Pg. 2 153  7.K.a Evaluation & Recommendation This assembly use will provide an amenity space to the community to use for small gatherings and social events. As Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) previously mentioned, parking for the shopping center is deficient by 9 spaces. The parking study submitted by the has been reviewed and approved by the Zoning Administrator. Staff concludes that there are not enough parking spaces for the assembly use to operate during peak hours however the applicant is agreeable to counter the hours of the other uses on site. To accommodate parking on site, Staff recommends that events be limited to off peak hours and weekends, as noted in condition 4 below. Based on this, Staff Recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official’s Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. 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 sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6:00 pm to 12:00 am, Monday through Fridays, Noon to 12:00 am on Saturdays and Sundays. 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 project falls within the Suburban Area. The primary guiding principle for the Suburban Area is to create and maintain Great Neighborhoods that seeks compatible non-residential uses to maintain and create neighborhood stability. The proposed event venue aligns with the recommendations of the Comprehensive Plan. Diamond Farrow Agenda Item 10 PacketPage Pg. 3 154  7.K.a Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no known significant cultural resources associated with Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) this site. Traffic Impacts/Transportation Street Name Present Volume Present Capacity Generated Traffic Independence Blvd 40,500 ADT1 55,500 ADT 1 (LOS 4 “D”) Assembly Use 3 – No Data Available Pembroke Lake Circle No Data Available 9,900 ADT 1 (LOS 4 “D”) Assembly Use 3 – No Data Available 1 Average Daily Trips 3 4 No information available in the LOS = Level of Service ITE Trip Generation Manual for event venues Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Independence Blvd is a six-lane divided major arterial road in the vicinity of this site. There is currently no capital improvement projects scheduled for this segment of Independence Blvd. Pembroke Lake Circle is in the vicinity of this application is considered a two-lane undivided local street. No Capital Improvement Projects are slated for this area. Active Transportation Plan The Active Transportation Plan calls for the expansion of the existing shared use path on Witchduck Road adjacent to this project. However, due to the scope of this project, namely that the applicant is occupying an existing unit and no exterior site improvements are proposed, staff is not requiring the applicant to complete improvements. Public Utility Impacts Water & Sewer The property is connected to water and sewer. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. A petition in support of the use has been submitted with four signatures. • As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on June 10, 2024. • As required by State Code, this item was advertised in the Virginian-Pilot on Wednesdays, June 26, 2024 and July 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 June 24, 2024. Diamond Farrow Agenda Item 10 PacketPage Pg. 4 155  7.K.a • This Staff report, as well as all reports for this Planning Commission’s meeting, was posted on the Commission’s webpage of https://virginiabeach.gov/pc on July 3, 2024. City Council Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays, August 6, 2024 and August 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 August 22, 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 August 30, 2024. Diamond Farrow Agenda Item 10 PacketPage Pg. 5 156  Proposed Site Layout Diamond Farrow Agenda Item 10 7.K.a PacketPage 157 Pg. 6 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Proposed Signage Diamond Farrow Agenda Item 10 7.K.a PacketPage 158 Pg. 7 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Site Photos Diamond Farrow Agenda Item 10 7.K.a PacketPage 159 Pg. 8 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 7.K.a PacketPage 160 Pg. 9 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 7.K.a Packet Page 161 Pg.10 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 7.K.a Packet Page Pg.1162 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 7.K.a Packet Page 163 Pg.12 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 7.K.a Packet Page 164 Pg.13 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  Disclosure Statement Diamond Farrow Agenda Item 10 7.K.a Packet Page 165 Pg.14 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  7.K.a Next Steps • Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) 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. Diamond Farrow Agenda Item 10 Page Packet Pg.15 166  7.K.a A18 B2 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real ard Indep u lev o ke Bo r Pemb enden e brok ard ce Bo v Pem Bou le r ok e B2 Pe mb ulevar Professio B2 B2 Cir Lake d nal Circle B2 cle A18 B2 B2 R7.5 Site Property Polygons Zoning Building Diamond Farrow 4604 Pembroke Lake Circle, Suite 104 μ Packet Pg. 167 Feet 0 25 50 100 150 200 250 300  7.K.a Virginia Beach Planning Commission Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) July 10, 2024, Public Meeting Item # 10 Diamond Farrow Star Real Estate, LLC Recommendation: RECOMMENDED FOR APPROVAL Discussion Ms. Cuellar: Thank you very much. Item #10 Diamond Farrow Star Real Estate, LLC. Welcome. Could you please state your name for the record? Ms. Farrow: Diamond Farrow. Ms. Cuellar: Are the conditions acceptable to you? Ms. Farrow: Yes, they are. Ms. Cuellar: Okay, thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Coston to please read this into the record. Mr. Coston: The applicant is proposing to operate an event rental space within a 1,050 square foot unit in the existing building on the site. Per the zoning ordinance, an event venue is classified as an assembly use, and as such a conditional use permit is required for property in the B2 community business district. Specifically, the applicant proposes to rent the venue to the public for small gatherings such as networking events, business meetings, receptions, birthday gatherings, and other various small private events. The discussed item in an early meeting and deemed that this item was appropriate for the consent agenda. Ms. Cuellar: Thank you very much, Commissioner. Mr. Chairman, that was the last item on the consent agenda. The Planning Commission places Packet Pg. 168  7.K.a the following applications on the consent agenda. Items ##1, 4, 5, Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) 6, 7, 8, 9, 10, 13, 14. Mr. Alcaraz: Thank you, Vice Chair. Do I have a motion to approve this? Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: I got a motion by Ms. Cuellar. I need a second. Mr. Coston: I need to just note abstentions. I'm sorry, 4 and 14. Mr. Alcaraz: Thank you. Okay, I got it. Let me get a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Any abstentions? Mr. Coston: Abstaining on items 4 and 14 for reasons set forth in a letter with the city. Mr. Alcaraz: Thank you. Ms. Cuellar: I am abstaining from the item on Pembroke Lake Circle, item #10 for reason stated in the letter that I've provided to the city attorney. Mr. Alcaraz: All right, thank you. Ms. Alcock: The vote is now open. By a vote of 10:0 with an abstention on #four, one abstention on #10, and one abstention on item #14, agenda items #1, 4, 5, 6, 7, 8, 10, 13, and 14 have been recommended for approval. Packet Pg. 169  7.K.a Vote Tally Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) AYE 9 NAY 0 ABS 1 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston AYE Cuellar ABS Estaris AYE Hippen AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official’s Office for use of the existing building as an Assembly Use. 2. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall, but in no instance shall the occupancy exceed 49 people. 3. 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 sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of new signs. 4. The hours of operation will be 6:00 pm to 12:00 am, Monday through Fridays, Noon to 12:00 am on Saturdays and Sundays. 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. Packet Pg. 170  7.K.a Packet Pg. 171 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  7.K.a Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Tuesday, August 20, 2024 9:53 AM To: Madison Byrd Harris Eichholz Subject: Re: City Council Information 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. Thank you for the information. On Tue, Aug 20, 2024 at 9:46 AM Madison Byrd Harris Eichholz <MBHarrisEichholz@vbgov.com> wrote: Hey Diamond, Here is the email for the clerks office: abarnes@vbgov.com . Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 From: Madison Byrd Harris Eichholz Sent: Tuesday, August 20, 2024 8:09 AM To: Diamond Godfrey <diamondgodfrey2013@gmail.com> Subject: City Council Information 1 Packet Pg. 172  7.K.a Good morning Diamond, Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sorry I couldn’t get back to you yesterday I was busy catching up on some work from the weekend. Your City Council Meeting will be held today at 6:00 pm in the City Council Chambers. This is located the same place as Planning Commission was. Some council meetings can be quite busy so I would arrive a few minutes early to ensure you are there for the full thing. If you have any documents or letters to be submitted to the council those will now be handled through the City Clerks office. You can find any additional information on the City Council process here: City Council | City of Virginia Beach. Please let me know if you have any additional questions. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 2 Packet Pg. 173  7.K.a Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Friday, August 16, 2024 3:35 PM To: Madison Byrd Harris Eichholz Subject: updated form added Attachments: Parking Concern Overview.docx; I have read the agreed parking proposal for Deluxxe Events and I agree to the changes that will be made to accommodate parking for everyone.docx 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. Please refer to this document and I will get signatures. 3 Packet Pg. 174  7.K.a Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Friday, August 16, 2024 3:21 PM To: Madison Byrd Harris Eichholz Subject: Parking Concern overview agreement Attachments: Parking Concern Overview.docx 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. Please let me know if this is acceptable to send over to council thank you 4 Packet Pg. 175  7.K.a Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Tuesday, June 25, 2024 6:58 PM To: Madison Byrd Harris Eichholz Subject: Petition pending a few signatures Follow Up Flag: Follow up Flag Status: Completed 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. 5 Packet Pg. 176  7.K.a Packet Pg. 177 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  7.K.a Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Tuesday, June 18, 2024 2:33 PM To: Madison Byrd Harris Eichholz Subject: Re: PUBLIC NOTICE SIGN POSTING 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. I'll pick them up tomorrow. I don’t get off until 5 and I have a list I’m getting every one to sign when is that due to turn in On Tue, Jun 18, 2024 at 11:29 AM Madison Byrd Harris Eichholz <MBHarrisEichholz@vbgov.com> wrote: Hi Diamond, Your replacement signs are ready for pick up! I also wanted to see how you were doing getting the signature or letter of support from the adjacent apartments? Please let me know and pick up your signs ASAP! Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 7 Packet Pg. 178  7.K.a From: Madison Byrd Harris Eichholz Sent: Tuesday, June 4, 2024 2:44 PM Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) To: diamondgodfrey2013@gmail.com Subject: PUBLIC NOTICE SIGN POSTING Good afternoon, The Public Notice Sign for the Conditional Use Permit application for a Assembly Use at 4604 Pembroke Lake Circle, Suite 104 is Ready for Pick-Up. Please ensure that the signs are posted on the property visible from the public right-of-way by no later than Monday, June 10, 2022. The 2 signs can be picked up in the vestibule of our office, located at 2875 Sabre Street, Suite 500, Virginia Beach, VA 23452 during our normal business hours: Monday – Friday from 8:00 a.m. – 5:00 p.m. The signs will have ‘Diamond Farrow’ on it so you will know which signs to grab. Sign placement instructions and a map showing where the signs should be located are attached to this email and to the signs. Failure to post the public notice signs by Monday, June 10, 2024, may result in your application not being heard at the July 10, 2024, Planning Commission Hearing. The Public Notice signs must be posted on the property 30 days prior to the public hearing. If you have any questions, feel free to contact me. Please provide a picture once the signs have been posted. Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 8 Packet Pg. 179  2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 9 7.K.a Packet Pg. 180 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  7.K.a Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Tuesday, June 11, 2024 9:33 AM To: Madison Byrd Harris Eichholz Subject: Re: CUP for Assembly Use - Parking 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. Yes thank you On Tue, Jun 11, 2024 at 8:39 AM Madison Byrd Harris Eichholz <MBHarrisEichholz@vbgov.com> wrote: Hey Diamond, I just wanted to follow up on our phone conversation and confirm that if you can get the parking study to us for review by Friday June 14th then we can leave you on the July agenda and move forward. Please let me know if you need anything or have any questions in the meantime. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 12 Packet Pg. 181  7.K.a Madison Byrd Harris Eichholz From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Friday, June 7, 2024 11:28 AM To: Madison Byrd Harris Eichholz Subject: Re: Information Needed for CUP 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. Thank you, I will do that. And I will pick up the sign today also the original email of the requirements needed for the hearing deleted are you able to toward that back to me On Fri, Jun 7, 2024 at 10:54 AM Madison Byrd Harris Eichholz <MBHarrisEichholz@vbgov.com> wrote: Good morning Diamond, I hope you are having a good week. We are continuing to work on your application however I have received a few comments that will require you to submit some more information. Firstly, our Comprehensive Planning division requested that you receive a letter of approval or support of your proposed use from the Pembroke Lakes Apartments. You will need to reach out to them and receive that. We also had a few concerns about your parking as that shopping center is short. Luckily, the last applicant also had the same issue and therefor they have done a parking study already. I have attached. All you need to do is review it and update it with any changes in business’s operating in the other suites. Please let me know if you have any questions regarding this. Please complete these as soon as you can so you can continue to move forward with the tentative planning commission date. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 14 Packet Pg. 182  15 7.K.a Packet Pg. 183 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Wednesday, August 21, 2024 7:54 AM To: Diamond Godfrey Subject: Conditional Use Permit Updates Good morning Diamond, With your deferral decision last means that you will return in front of City Council on September 3 rd , 2024. You cannot operate any events on this site, personal or otherwise, until you have a Conditional Use Permit approval letter. I will follow up shortly with any updates required to be made for your new City Council date. Please let me know if you have any questions in the meantime. Thank you, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 1 Packet Pg. 184  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Tuesday, August 20, 2024 9:47 AM To: Diamond Godfrey Subject: RE: City Council Information Hey Diamond, Here is the email for the clerks o ice: abarnes@vbgov.com . Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 From: Madison Byrd Harris Eichholz Sent: Tuesday, August 20, 2024 8:09 AM To: Diamond Godfrey <diamondgodfrey2013@gmail.com> Subject: City Council Information Good morning Diamond, Sorry I couldn’t get back to you yesterday I was busy catching up on some work from the weekend. Your City Council Meeting will be held today at 6:00 pm in the City Council Chambers. This is located the same place as Planning Commission was. Some council meetings can be quite busy so I would arrive a few minutes early to ensure you are there for the full thing. If you have any documents or letters to be submitted to the council those will now be handled through the City Clerks o ice. You can find any additional information on the City Council process here: City Council | City of Virginia Beach. Please let me know if you have any additional questions. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 2 Packet Pg. 185  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Tuesday, August 20, 2024 8:09 AM To: Diamond Godfrey Subject: City Council Information Good morning Diamond, Sorry I couldn’t get back to you yesterday I was busy catching up on some work from the weekend. Your City Council Meeting will be held today at 6:00 pm in the City Council Chambers. This is located the same place as Planning Commission was. Some council meetings can be quite busy so I would arrive a few minutes early to ensure you are there for the full thing. If you have any documents or letters to be submitted to the council those will now be handled through the City Clerks o ice. You can find any additional information on the City Council process here: City Council | City of Virginia Beach. Please let me know if you have any additional questions. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 4 Packet Pg. 186  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Friday, August 16, 2024 3:39 PM To: Diamond Godfrey Subject: RE: updated form added Good afternoon Diamond, I believe those are appropriate for your use at Council. Again staff cannot review any changes made the to the previous parking study. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 From: Diamond Godfrey <diamondgodfrey2013@gmail.com> Sent: Friday, August 16, 2024 3:35 PM To: Madison Byrd Harris Eichholz <MBHarrisEichholz@vbgov.com> Subject: updated form added 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. Please refer to this document and I will get signatures. 5 Packet Pg. 187  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Friday, August 16, 2024 3:38 PM To: Diamond Godfrey Subject: Follow Up Email Attachments: 20190828-PLN-CUR-05-Shenell Latham.pdf Good afternoon Diamond, I am sending this email as a follow up to the phone call we had earlier. As far as your question about your personal event planned for this Sunday my supervisor did confirm that even non ticketed personal events fall under our definition of an Assembly Use. This means by holding the event you will be subject to a Zoning Violation letter. As far as our phone conversation about your options at City Council. You can try to resolve the issues and concerns before Tuesday, and I will be happy to help where I can. However, this does not allow up time to review and approve a new parking agreement. You can also request a Deferral at your set Council meeting. This would allow sta to review your parking agreement as well as provide us time to help you iron out any remaining concerns. This however DOES NOT guarantee an approval from Council at the next meeting. I would highly encourage you to gain support from your surrounding neighbors and speak with your community prior to Tuesday. As also mentioned, I have attached the Sta Report for the previous Assembly Use in that shopping center. Please let me know if you have any more questions or concerns right now. Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 6 Packet Pg. 188  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Wednesday, August 14, 2024 8:10 AM To: Diamond Godfrey Subject: Contact Council Member Good morning Diamond, I am reaching out because our Deputy Director briefed our council on the August 20 th Planning Items, which includes your application. The council member for your district just had a few questions regarding your application. Nothing major just mostly regarding the parking I believe. Here is the contact information for Council Member Joshua Shulman: 757-840-1291/jschulman@vbgov.com. Please let me know if you have any questions. Thanks! Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 7 Packet Pg. 189  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Friday, July 12, 2024 9:31 AM To: Diamond Godfrey Subject: CITY COUNCIL DATE CONFIRMED - PUBLIC NOTICE SIGNS UPDATE Good morning, The Conditional Use Permit application for Diamond Farrow was recommended for Approval at the July 10th Planning Commission Hearing. This application is now scheduled for final vote by the City Council on Tuesday, August 20th, 2024, at 6:00 p.m. It is now time to update the orange public notice signs! Please update the orange public notice signs on the property to indicate that the hearing will take place on August 20th, 2024, At the bottom of the sign, there is a line with TBD on it. Please cover up the TBD with tape and write legibly, August 20th , 2024. Please provide a picture once the signs are updated. In order to meet the sign requirements for this item to be heard at the August 20th, 2024 City Council Hearing, please update the signs immediately. The signs must remain posted on the property until after the City Council Hearing. Feel free to contact me with any questions. Have a great one, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 8 Packet Pg. 190  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Wednesday, July 3, 2024 12:51 PM To: Diamond Godfrey Subject: REMINDER: Planning Commission Hearing July 10th Attachments: 2024.07.10_PLN-10_Diamond Farrow.pdf This is a reminder that your Planning Commission hearing is scheduled for Wednesday, July 10th at 9am. Wednesday’s Agenda:  The Staff Briefing begins at 9am- I will brief the Planning Commission on your project and staff’s recommendation. Planning Commission will either approve the application and move it to the consent agenda or request to hear the application. This Staff Briefing is not Live or recorded and you, the applicant, are unable to speak but are welcome to attend this session. It is not required for you to attend this session.  Planning Staff and Planning Commission will break for Lunch around 10:30/11 am.  The Public Hearing begins at 12:00 pm, I suggest arriving by 11:45 am as we start promptly at noon. o If Planning Commission voted to move your application to the consent agenda, when your name is called you are to proceed to the podium and give verbal approval of your conditions and application. o If Planning Commission voted to hear you application, you will have the opportunity to give a rebuttal of your application and the Commissioners will ask questions. There might be citizens of the community who are speaking in support of opposition, and they will also speak. After the conclusion of speakers, Planning Commission will vote on your application.  Your day concludes when your application has been voted on and you may leave afterwards. The address is: Building 1, City Hall Council Chambers 2401 Courthouse Dr, Virginia Beach, VA 23456 I have provided your Staff Report to this email for your convenience. Have a great day and I look forward to seeing you Wednesday, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 9 Packet Pg. 191  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Tuesday, June 25, 2024 8:01 AM To: diamondgodfrey2013@gmail.com Subject: RE: PUBLIC NOTICE SIGN POSTING Hi Diamond, I need you to pick up and post your signs by 12 pm today per our legal requirements. If this is not done we will need to defer your item due to legal advertising requirements. I am also following up on the signatures. I will need those today as well. Thank you, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 From: Madison Byrd Harris Eichholz Sent: Tuesday, June 18, 2024 11:30 AM To: diamondgodfrey2013@gmail.com Subject: RE: PUBLIC NOTICE SIGN POSTING Hi Diamond, Your replacement signs are ready for pick up! I also wanted to see how you were doing getting the signature or letter of support from the adjacent apartments? Please let me know and pick up your signs ASAP! Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 10 Packet Pg. 192  7.K.a From: Madison Byrd Harris Eichholz Sent: Tuesday, June 4, 2024 2:44 PM To: diamondgodfrey2013@gmail.com Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Subject: PUBLIC NOTICE SIGN POSTING Good afternoon, The Public Notice Sign for the Conditional Use Permit application for a Assembly Use at 4604 Pembroke Lake Circle, Suite 104 is Ready for Pick-Up. Please ensure that the signs are posted on the property visible from the public right-of-way by no later than Monday, June 10, 2022. The 2 signs can be picked up in the vestibule of our office, located at 2875 Sabre Street, Suite 500, Virginia Beach, VA 23452 during our normal business hours: Monday – Friday from 8:00 a.m. – 5:00 p.m. The signs will have ‘Diamond Farrow’ on it so you will know which signs to grab. Sign placement instructions and a map showing where the signs should be located are attached to this email and to the signs. Failure to post the public notice signs by Monday, June 10, 2024, may result in your application not being heard at the July 10, 2024, Planning Commission Hearing. The Public Notice signs must be posted on the property 30 days prior to the public hearing. If you have any questions, feel free to contact me. Please provide a picture once the signs have been posted. Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 11 Packet Pg. 193  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Tuesday, June 18, 2024 11:30 AM To: diamondgodfrey2013@gmail.com Subject: RE: PUBLIC NOTICE SIGN POSTING Hi Diamond, Your replacement signs are ready for pick up! I also wanted to see how you were doing getting the signature or letter of support from the adjacent apartments? Please let me know and pick up your signs ASAP! Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 From: Madison Byrd Harris Eichholz Sent: Tuesday, June 4, 2024 2:44 PM To: diamondgodfrey2013@gmail.com Subject: PUBLIC NOTICE SIGN POSTING Good afternoon, The Public Notice Sign for the Conditional Use Permit application for a Assembly Use at 4604 Pembroke Lake Circle, Suite 104 is Ready for Pick-Up. Please ensure that the signs are posted on the property visible from the public right-of-way by no later than Monday, June 10, 2022. The 2 signs can be picked up in the vestibule of our office, located at 2875 Sabre Street, Suite 500, Virginia Beach, VA 23452 during our normal business hours: Monday – Friday from 8:00 a.m. – 5:00 p.m. The signs will have ‘Diamond Farrow’ on it so you will know which signs to grab. Sign placement instructions and a map showing where the signs should be located are attached to this email and to the signs. 12 Packet Pg. 194  7.K.a Failure to post the public notice signs by Monday, June 10, 2024, may result in your application not being heard at the July 10, 2024, Planning Commission Hearing. The Public Notice signs must be posted on the property 30 days prior to the public hearing. Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) If you have any questions, feel free to contact me. Please provide a picture once the signs have been posted. Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 13 Packet Pg. 195  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Tuesday, June 11, 2024 8:39 AM To: Diamond Godfrey Subject: CUP for Assembly Use - Parking Hey Diamond, I just wanted to follow up on our phone conversation and confirm that if you can get the parking study to us for review by Friday June 14th then we can leave you on the July agenda and move forward. Please let me know if you need anything or have any questions in the meantime. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 14 Packet Pg. 196  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Friday, June 7, 2024 11:32 AM To: diamondgodfrey2013@gmail.com Subject: FW: Conditional Use Permit for 4604 Pembroke Lake Circle, Suite 104 Here you go Diamond! The signs specifically will need to be posted on site by Monday! Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 From: Madison Byrd Harris Eichholz Sent: Tuesday, May 14, 2024 9:35 AM To: diamondgodfrey2013@gmail.com Subject: Conditional Use Permit for 4604 Pembroke Lake Circle, Suite 104 This email is to inform you that the Conditional Use Permit for Assembly Use at 4604 Pembroke Lake Circle, Suite 104 has been assigned to me. You are tentatively scheduled for the July 10, 2024, Planning Commission Hearing. The review and approval process is generally a 4-month process as follows: - Project assigned to a Planner. - Staff performs a field visit of the site. - Staff routes the request to all applicable agencies and gets back to the applicant if there are requests for additional information, concerns and/or recommendations. - A sign (or signs) will be created for you that you will pick up and must post 30 days before the Planning Commission Hearing. I will let you know when the sign is ready (around the middle of June). After the Planning Commission, the sign (or signs) must stay up through the City Council Hearing. - Staff prepares a report. - The report is submitted to the Planning Commission, who also visits many of the sites. - There is a Planning Commission Hearing (tentatively scheduled for (July 10, 2024) and vote, which is only a recommendation to City Council. - City Council makes the final decision (likely in 30 - 45 days after Planning Commission) – this date is not set until the item is heard by the Planning Commission. Initial Comments from Planner –  Public Outreach is an important component of our review process. It will be beneficial to you if you would provide to me letters of support from your neighbors, supporting your proposal. This is not required but recommended. The City will contact your adjacent neighbors and they will notice the orange public notice signs located in the front of your property. If 15 Packet Pg. 197  7.K.a you can, let your neighbors know what you are proposing. It will be very helpful when the Planning Commission and City Council are reviewing your case. Having your neighbors support is one thing that the Commissioners and Council take into consideration when making their decision. You may ask your neighbors to write a letter, or you can draft a letter that they sign with their address, giving their support of your application. Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 16 Packet Pg. 198  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Friday, June 7, 2024 10:54 AM To: diamondgodfrey2013@gmail.com Subject: Information Needed for CUP Attachments: Parking Study for Shenell Latham.pdf Good morning Diamond, I hope you are having a good week. We are continuing to work on your application however I have received a few comments that will require you to submit some more information. Firstly, our Comprehensive Planning division requested that you receive a letter of approval or support of your proposed use from the Pembroke Lakes Apartments. You will need to reach out to them and receive that. We also had a few concerns about your parking as that shopping center is short. Luckily, the last applicant also had the same issue and therefor they have done a parking study already. I have attached. All you need to do is review it and update it with any changes in business’s operating in the other suites. Please let me know if you have any questions regarding this. Please complete these as soon as you can so you can continue to move forward with the tentative planning commission date. Thanks, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 17 Packet Pg. 199  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Tuesday, June 4, 2024 2:44 PM To: diamondgodfrey2013@gmail.com Subject: PUBLIC NOTICE SIGN POSTING Attachments: Sign Posting Instructions.pdf Good afternoon, The Public Notice Sign for the Conditional Use Permit application for a Assembly Use at 4604 Pembroke Lake Circle, Suite 104 is Ready for Pick-Up. Please ensure that the signs are posted on the property visible from the public right-of-way by no later than Monday, June 10, 2022. The 2 signs can be picked up in the vestibule of our office, located at 2875 Sabre Street, Suite 500, Virginia Beach, VA 23452 during our normal business hours: Monday – Friday from 8:00 a.m. – 5:00 p.m. The signs will have ‘Diamond Farrow’ on it so you will know which signs to grab. Sign placement instructions and a map showing where the signs should be located are attached to this email and to the signs. Failure to post the public notice signs by Monday, June 10, 2024, may result in your application not being heard at the July 10, 2024, Planning Commission Hearing. The Public Notice signs must be posted on the property 30 days prior to the public hearing. If you have any questions, feel free to contact me. Please provide a picture once the signs have been posted. Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 18 Packet Pg. 200  7.K.a Madison Byrd Harris Eichholz From: Madison Byrd Harris Eichholz Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Sent: Tuesday, May 14, 2024 9:35 AM To: diamondgodfrey2013@gmail.com Subject: Conditional Use Permit for 4604 Pembroke Lake Circle, Suite 104 This email is to inform you that the Conditional Use Permit for Assembly Use at 4604 Pembroke Lake Circle, Suite 104 has been assigned to me. You are tentatively scheduled for the July 10, 2024, Planning Commission Hearing. The review and approval process is generally a 4-month process as follows: - Project assigned to a Planner. - Staff performs a field visit of the site. - Staff routes the request to all applicable agencies and gets back to the applicant if there are requests for additional information, concerns and/or recommendations. - A sign (or signs) will be created for you that you will pick up and must post 30 days before the Planning Commission Hearing. I will let you know when the sign is ready (around the middle of June). After the Planning Commission, the sign (or signs) must stay up through the City Council Hearing. - Staff prepares a report. - The report is submitted to the Planning Commission, who also visits many of the sites. - There is a Planning Commission Hearing (tentatively scheduled for (July 10, 2024) and vote, which is only a recommendation to City Council. - City Council makes the final decision (likely in 30 - 45 days after Planning Commission) – this date is not set until the item is heard by the Planning Commission. Initial Comments from Planner –  Public Outreach is an important component of our review process. It will be beneficial to you if you would provide to me letters of support from your neighbors, supporting your proposal. This is not required but recommended. The City will contact your adjacent neighbors and they will notice the orange public notice signs located in the front of your property. If you can, let your neighbors know what you are proposing. It will be very helpful when the Planning Commission and City Council are reviewing your case. Having your neighbors support is one thing that the Commissioners and Council take into consideration when making their decision. You may ask your neighbors to write a letter, or you can draft a letter that they sign with their address, giving their support of your application. Have a great day, Madison Eichholz PLANNING & COMMUNITY DEVELOPMENT Development Liaison Planner O: 757-385-4621 | D: 757-385-8483 mbharriseichholz@vbgov.com I planning.virginiabeach.gov 2875 Sabre Street, Suite 500 | Virginia Beach, VA 23452 19 Packet Pg. 201  20 7.K.a Packet Pg. 202 Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners)  7.K.a From: Marchelle L. Coleman To: Marchelle L. Coleman Subject: FW: Police Reports for 4604 Pembroke Lake Circle Attachment: PLA 02_ARF Package for Diamond Farrow (4164 : Diamond Farrow (Applicant) Star Real Estate, LLC (Property Owners) Date: Friday, August 23, 2024 10:46:48 AM From: David Shoenbach <DShoenba@vbgov.com> Sent: Friday, August 23, 2024 10:40 AM To: Marchelle L. Coleman <MColeman@vbgov.com>; Madison Byrd Harris Eichholz <MBHarrisEichholz@vbgov.com>; Allen L. Perry <ALPerry@vbgov.com> Subject: Re: Police Reports for 4604 Pembroke Lake Circle Officers responded to two separate calls at this address recently. The 1st was a fight involving juveniles where the business owner stated this was a party for her nephew. The 2nd was to assist the fire marshal for a head count because they were over capacity. They again spoke with the business owner who stated this was a party for a family member. Officers spoke with attendees who stated they were not family of the owner and they had rented the space for the party. There was alcohol being consumed at the party. Officers informed the business owner they needed to obtain a permit or business license from the city. No criminal charges resulted from either incident. MPO Shoenbach 3rd Precinct Get Outlook for Android Packet Pg. 203